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Glossary

CASL

CASL is Canada's Anti-Spam Legislation, a consent-based law that prohibits sending a commercial electronic message unless the recipient has consented, expressly or by implication.

Updated · By Otman Ounana · How we research

Why it matters when you send from your own Gmail

The Act prohibits sending a commercial electronic message to an electronic address unless the conditions it lists are met.[1] One route is implied consent: where the address has been conspicuously published, with no statement that the person does not want unsolicited messages, and the message is relevant to their business role.[2] That makes the observation in a cold email more than decoration, because relevance to the role is part of the legal test. Every message must also set out an unsubscribe mechanism.[3]

Example

A procurement manager publishes her work address on the company site. A cold email about supplier software is relevant to her role, so it can rely on implied consent. An email about something unrelated cannot.

What to do

Before writing to someone in Canada, check that their address is published on their own site and that your message is about their role. If either is missing, do not rely on implied consent.

Related terms

All terms are on the glossary.

Read next

  • Canada (CASL)Canada's Anti-Spam Legislation for B2B cold email, quoted from the Act: consent first, the conspicuous publication rule for published business addresses, and what each email must contain.
  • "Where did you get my email?"What GDPR requires when someone asks where you got their email address after a cold email, with three replies you can send and what to do if they object.
  • Sole traderA sole trader is a self-employed person who runs a business in their own name, without forming a limited company.
  • Suppression listA suppression list is the set of addresses you must never email again: people who opted out, addresses that hard-bounced and anyone else you have promised to leave alone.

Sources

  1. Government of Canada, Canada's Anti-Spam Legislation, S.C. 2010, c. 23, s. 6(1). “It is prohibited to send or cause or permit to be sent to an electronic address a commercial electronic message unless” Read on 1 October 2026.
  2. Government of Canada, Canada's Anti-Spam Legislation, S.C. 2010, c. 23, s. 10(9)(b). “the message is relevant to the person's business, role, functions or duties in a business or official capacity” Read on 1 October 2026.
  3. Government of Canada, Canada's Anti-Spam Legislation, S.C. 2010, c. 23, s. 6(2)(c). “set out an unsubscribe mechanism in accordance with subsection 11(1).” Read on 1 October 2026.