Guide
CASL SMS rules for Canadian recipients
By Encore Text Team ·
Canada's Anti-Spam Legislation, known as CASL, covers commercial electronic messages, which include marketing texts. It is enforced by the Canadian Radio-television and Telecommunications Commission (CRTC) and can carry significant penalties. If your list includes Canadian numbers, the rules below apply in addition to any US rules for your US recipients. This guide is a practical overview, not legal advice.
What counts as a commercial electronic message
A commercial electronic message is one that encourages participation in a commercial activity, such as buying a ticket, visiting a venue or purchasing merch. Most marketing texts qualify. Messages that only confirm a transaction the person requested, such as a ticket receipt, have more limited requirements, but adding promotional content brings them back into scope.
Consent: express and implied
CASL requires consent before you send a commercial message. There are two kinds:
- Express consent is a clear, affirmative yes, such as checking an unchecked box or texting a keyword after seeing the terms. It does not expire, although the person can withdraw it at any time.
- Implied consent arises in specific situations, most commonly an existing business relationship. A purchase generally creates implied consent for two years, and an inquiry for six months. Implied consent can also come from someone conspicuously publishing their number without saying they do not want messages, in limited circumstances.
Because implied consent expires, the safest long-term approach is to convert contacts to express consent, for example with a sign-up prompt after a purchase.
What the consent request must include
When asking for express consent, CASL expects you to state the purpose, identify who is seeking consent (and on whose behalf, if different), provide contact information such as a mailing address and a phone number, email or website, and say that the person can withdraw consent at any time. Pre-checked boxes do not count as express consent.
Identifying the sender in each message
Every commercial message must identify the sender and include contact information that remains valid for at least 60 days after sending. Text messages have little room, so CASL allows this information to be provided through a link to a page that is readily accessible at no cost. That page should name the business and give a mailing address and another way to make contact.
The unsubscribe mechanism
Each message needs a way to unsubscribe that is easy to use. For texts, replying STOP is the familiar method. Unsubscribe requests must be honored without delay and no later than 10 business days, and the mechanism must stay valid for at least 60 days after the message. In practice, process opt-outs immediately.
French and Quebec
CASL itself does not set language requirements, but Quebec's Charter of the French Language generally requires commercial communications aimed at Quebec consumers to be available in French, and recent amendments strengthened those rules. Support French opt-out words such as ARRET and DESABONNER, and prepare French versions of messages for Quebec recipients.
Record keeping
Under CASL, the sender has to prove consent. Keep the date, method, wording and source of each consent, along with its type and, for implied consent, when it started and when it expires. Keep records of every withdrawal as well.
Penalties
CASL allows administrative monetary penalties of up to $10 million per violation for businesses and up to $1 million for individuals. Officers and directors can be held liable in some cases. Enforcement has focused on senders without valid consent and on missing or broken unsubscribe mechanisms.
A quick CASL checklist for texts
- Know the consent type for every Canadian contact and track implied consent expiry.
- Use unchecked opt-in boxes with purpose, sender identity and contact details.
- Link to a sender information page from each commercial message.
- Include STOP opt-out instructions and support ARRET.
- Process unsubscribes immediately.
- Provide French content for Quebec recipients.
- Keep consent and withdrawal records.
How Encore Text supports CASL
For contacts with Canadian area codes, Encore Text tracks CASL consent type and implied consent expiry, skips expired contacts, adds a link to your sender information page on our domain and blocks Canadian sends until your business name and contact details are complete. ARRET and DESABONNER are treated as opt-outs, and Quebec recipients trigger a French-content reminder with an optional French version of your campaign.
Converting implied consent to express consent
Implied consent from a purchase or inquiry is useful but temporary. The best time to ask for express consent is when the relationship is fresh: at checkout, in the ticket confirmation or in the first message you send under implied consent. Make the request clear, explain the benefit and record the response. Once a contact gives express consent, it no longer expires, and you avoid losing them from your list when the implied period runs out.
Keep the original implied consent record too. If a dispute arises, a complete history of how the relationship began and how consent changed is the strongest evidence you can have.
How CASL differs from US rules
US rules focus heavily on the technology used to send and on calling hours, while CASL focuses on consent, identification and unsubscribing for every commercial message regardless of how it is sent. CASL also recognizes implied consent in defined situations, while US marketing texts generally require prior express written consent. If your list spans both countries, it is usually simplest to apply the stricter rule from each system to everyone: express written consent, clear identification, easy opt-out and daytime sending.
Frequently asked questions
- Does CASL apply to text messages?
- Yes. Marketing texts are commercial electronic messages under CASL.
- How long does implied consent last?
- Generally two years after a purchase and six months after an inquiry, in the case of an existing business relationship.
- Do I need my address in every text?
- The sender's contact information can be provided through a link to a page that is easy to access at no cost, which suits short texts.
- How quickly must I process an unsubscribe?
- Without delay and within 10 business days at most. Best practice is immediately.
This guide is general information, not legal advice. Laws and carrier rules change and depend on your situation, so talk to a qualified lawyer about your messaging program.
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