Is Cold Email Legal in Canada? CASL Rules for B2B Outreach (2026)

Is cold email legal in Canada, in short: only with consent. CASL requires express or implied consent before a commercial email to a Canadian address. For B2B, implied consent usually comes from an address the person published themselves with no “no solicitation” note, used for a message relevant to their role. Unsubscribes must be honoured within 10 business days; penalties reach $10 million.

More on this topic: Cold email and deliverability, every guide in one place.

That makes Canada the opposite of the United States, where CAN-SPAM lets you send the first email without permission. A cold email programme that is fine for US prospects can break the law for the same list's Canadian contacts. This guide covers who CASL applies to, the consent routes that work for B2B, what every message must contain, and the penalties.

Key takeaways

Is cold emailing legal in Canada?

Cold emailing is legal in Canada only when you have the recipient's express or implied consent, or an exemption applies. CASL covers any commercial electronic message sent to or accessed from a computer in Canada, and an email that offers, advertises or promotes a product or service is commercial.

The law applies by where the recipient is, not where you are. A US company emailing a Toronto prospect must follow CASL. It also covers text messages and direct messages, not just email.

One trap catches many senders: an email asking for permission to send marketing is itself treated as a commercial message. You cannot cold email someone to ask whether you may cold email them, unless you already have implied consent.

Does CASL apply to B2B email?

Yes. CASL has no general exemption for business-to-business email. There is a narrow exemption for messages between organisations that already have a relationship, where the message concerns the activities of the receiving organisation — but a first cold email to a company you have never dealt with does not qualify.

So for genuinely cold B2B outreach to Canada, you need implied consent. In practice that means conspicuous publication.

What counts as implied consent under CASL?

Implied consent under CASL comes from an existing business or non-business relationship, from conspicuous publication of an address, or from the person disclosing their address to you. Each has conditions, and you must be able to prove the one you rely on.

Conspicuous publication is the route for cold B2B outreach, and it is narrower than it sounds. The address has to be published in a way that makes it visible, the publication should be by the person or with their agreement, there must be no “no unsolicited email” notice, and the message must relate to their job. A purchased list does not show any of that, so record where you found each Canadian address and when.

How do you get express consent under CASL?

You get express consent by asking clearly and separately: state what the person is agreeing to, who is asking, and that they can withdraw at any time. A pre-ticked box does not count, and consent buried in terms and conditions does not count.

• Say the purpose: for example, product news and offers from your company by email.
• Identify yourself: your name, or the name of the organisation you are asking for, with contact details.
• Say they can unsubscribe at any time.
• Use an unticked box or an active action, such as typing an email into a sign-up form.
• Keep a record: the date, the form, and the wording shown. The burden of proof is on the sender.

What must every commercial email to Canada include?

Every commercial email to a Canadian recipient must identify the sender, give a mailing address and at least one other way to make contact, and include an unsubscribe mechanism. These apply even when you have consent.

Compare that with the US rules in is cold email legal: the content requirements are similar, but CASL adds the consent requirement on top.

What are the penalties for breaking CASL?

CASL penalties reach $1 million per violation for individuals and $10 million per violation for organisations, set by the CRTC as administrative monetary penalties. Directors and officers can be personally liable if they directed or acquiesced in the violation, and an organisation can be liable for its employees' messages.

CASL also contains a private right of action that would let recipients sue, but it has never been brought into force. Enforcement comes from the regulator, which in practice tends to focus on volume senders, missing unsubscribes and messages without consent.

CASL vs CAN-SPAM: what is the difference?

The main difference is consent: CAN-SPAM lets you send the first commercial email without permission and requires you to stop when asked, while CASL requires consent before the first message. Both require identification and a working unsubscribe.

How do you run compliant cold email to Canada?

You run compliant cold email to Canada by segmenting Canadian contacts, documenting a consent basis for each one, and sending fewer, more relevant messages that invite an opt-in. The steps below are the practical version.

• Tag country on every contact and keep Canadian addresses in their own list.
• Record the source of each address — the page URL and date for published addresses.
• Check the role fit: your offer must relate to the person's job.
• Keep sequences short and ask interested readers to opt in for more.
• Suppress unsubscribes across every campaign, not just the one they clicked.
• Leave out contacts you cannot justify. The cost of one less prospect is lower than the penalty.

For sending volumes and warm-up, see how many cold emails per day per inbox and the email deliverability checklist. For the UK and EU, see cold email in the UK and GDPR and cold email.

In Scalry, which publishes this guide, cold email sequences add a footer with your business identity and address and an unsubscribe link to every send, and an unsubscribe suppresses the contact across all campaigns before the next send. Consent records for Canada are still yours to keep.

Rules summarised from Canada's Anti-Spam Legislation (CASL), its regulations and the CRTC's published guidance, checked on 25 October 2026. This is a plain-English summary, not legal advice — check with a Canadian lawyer for your own situation.

Frequently asked questions

Is cold emailing legal in Canada?

Only with consent. CASL requires express or implied consent before a commercial email to a Canadian recipient. For B2B, implied consent usually comes from a conspicuously published business address used for a role-relevant message.

Does CASL apply to B2B emails?

Yes. The only B2B exemption covers organisations that already have a relationship, where the message concerns the receiving organisation's activities. A first cold email does not qualify.

Can I email a Canadian business address I found online?

Possibly, under conspicuous publication, if the address was published by or with the agreement of the person, there is no statement refusing unsolicited messages, and your message relates to their role. Keep a record of where you found it.

How long does implied consent last under CASL?

Two years from a purchase or contract, six months from an enquiry, and as long as the conditions hold for conspicuous publication. Express consent lasts until withdrawn.

How fast must I process unsubscribes under CASL?

Within 10 business days. The unsubscribe mechanism and your contact details must remain valid for at least 60 days after the message is sent.

What is the fine for violating CASL?

Up to $1 million per violation for individuals and $10 million for organisations, as administrative monetary penalties.

Does CASL apply to US companies?

Yes, when the message is sent to or accessed from a computer in Canada. Where the recipient is decides which law applies.

How Scalry adds identification, unsubscribe links and suppression to every send is described on the cold email page.