Under Canada's Anti-Spam Legislation (CASL), a commercial text message needs the recipient's express or implied consent, must identify the sender with contact details, and must include an unsubscribe mechanism that takes effect within 10 business days. Implied consent lasts two years after a purchase and six months after an inquiry. Penalties reach $10 million per violation.
This guide reads the Act and its two sets of regulations section by section for texts: what counts as a commercial electronic message, the two kinds of consent, what each text must contain, the exemptions, penalties, and how to send from a number Canadian carriers accept. It summarizes the law as published on Justice Laws (Act current to 2026-09-21). It is not legal advice; ask a lawyer about your own program.
Does CASL apply to text messages?
Yes. The Act defines an "electronic message" as "a message sent by any means of telecommunication, including a text, sound, voice or image message", and an "electronic address" includes "a telephone account" (CASL, S.C. 2010, c. 23, s. 1(1)). A business text to a Canadian mobile number is an electronic message sent to an electronic address.
The Act also reaches senders outside Canada. A person contravenes section 6 "only if a computer system located in Canada is used to send or access the electronic message" (s. 12(1)), and a phone in Canada that receives your text is such a system. A US business texting Canadians is covered.
What counts as a commercial text under CASL?
A text is a commercial electronic message (CEM) when, "having regard to the content of the message, the hyperlinks in the message [...] or the contact information contained in the message, it would be reasonable to conclude has as its purpose, or one of its purposes, to encourage participation in a commercial activity" (s. 1(2)). Offers, promotions, sales follow-up and "book a demo" texts all qualify. One commercial purpose among several is enough.
Asking for consent counts too: "An electronic message that contains a request for consent to send a message described in subsection (2) is also considered to be a commercial electronic message" (s. 1(3)). The CRTC has said a text message "cannot be used to elicit express consent" (CRTC Bulletin 2012-549). Get consent on a form, at the counter or on a call, then text.
What is the difference between express and implied consent?
Express consent is a clear yes that you asked for. Implied consent comes from a relationship or situation the Act lists, and most implied consent expires. Section 6(1) allows either, and the sender has "the onus of proving it" (s. 13).
Express consent. The request must "set out clearly and simply" the purpose and who is asking (s. 10(1)). The CRTC's regulations add that it may be oral or written and must include your business name, your mailing address plus a phone number, email or web address, and "a statement indicating that the person whose consent is sought can withdraw their consent" (SOR/2012-36, s. 4). A pre-checked box fails this test, because the CRTC requires "a positive or explicit indication of consent" (Bulletin 2012-549). Keep the date, time, page and wording. Express consent lasts until the person withdraws it.
Form wording that covers these points, next to an unticked box: "Yes, Northwind Inc. may text me at this number about offers, appointments and my account. Northwind Inc., 100 King St W, Toronto ON, northwind.ca/contact. I can withdraw consent any time by replying STOP or ARRET." More examples are in our opt-in wording guide.
Implied consent exists "only if" one of these applies (s. 10(9)):
| Route | Section | How long it lasts |
|---|---|---|
| They bought or leased something from you | 10(10)(a) | Two years from the purchase. For a subscription, account or loan, two years from the day it ends (s. 10(14)) |
| They accepted a business, investment or gaming opportunity from you | 10(10)(b) | Two years |
| You have a written contract with them | 10(10)(d) | While it runs, and two years after it expires |
| They made an inquiry or application to you | 10(10)(e) | Six months |
| They "conspicuously published" the number with no "no unsolicited messages" statement | 10(9)(b) | While published, and only if your text "is relevant to the person's business, role, functions or duties in a business or official capacity" |
| They gave you the number without saying no | 10(9)(c) | Same relevance test |
| Someone with a relationship to both of you referred them | SOR/2013-221, s. 4(1) | First text only, which must give the referrer's full name and say it follows the referral |
The windows run to "the day on which the message was sent", so a sequence that starts inside the six-month inquiry window can run past it. Check each lead's date before every send, and ask for express consent while implied consent still holds. Our guides to texting existing customers and texting real estate leads show how this plays out. Related: win-back texts for lapsed customers.
What must every commercial text include?
Three things, under section 6(2): information that identifies you (and anyone you send for), information that lets the person "readily contact" you, and an unsubscribe mechanism. The CRTC's regulations set the details (SOR/2012-36, ss. 2 and 3):
- Your name, or the name you carry on business under, and the name of any client you text for.
- Your mailing address, plus a phone number, email address or web address. Contact details must stay valid for at least 60 days after the text (s. 6(3)).
- An unsubscribe mechanism that is "set out clearly and prominently" and "able to be readily performed".
A text has 160 characters, so the regulations allow a shortcut: if it isn't practicable to include everything, the information may be on a web page "readily accessible" through "a link that is clearly and prominently set out in the message" (SOR/2012-36, s. 2(2)). For texts, the CRTC said the user "should have the choice between replying to the SMS message with the word 'STOP' or 'Unsubscribe' and clicking on a link" to unsubscribe (CRTC Bulletin 2012-548).
A commercial text with all three:
Northwind Inc.: Hi First name, spring tune-up slots are open. Want one? Reply with a day. Contact info and opt-out: northwind.ca/sms
The opt-out line ("Reply STOP to opt out, HELP for help") follows it. The linked page should show your mailing address, a phone or email, and a way to unsubscribe.
How fast must you honor STOP or ARRET?
"Without delay, and in any event no later than 10 business days after the indication has been sent" (s. 11(3)). The unsubscribe must cost the person nothing and work through "the same electronic means by which the message was sent" (s. 11(1)), so a reply to your text has to work. The address or web page for unsubscribing must stay valid for 60 days (s. 11(2)).
Treat ARRET, the French word, the same as STOP. Canada's short code rules, run by the Canadian Telecommunications Association, make STOP and ARRET mandatory opt-out keywords and say ARRET "must return a French response" (Canadian Common Short Codes Compliance Policies v2.1, 2026). Those rules govern short codes, and treating ARRET as STOP on toll-free numbers too is the simple choice. A French confirmation can be short:
Northwind : désabonnement confirmé. Vous ne recevrez plus de messages texte de notre part.
Stopping at once is the safe practice, well inside the 10-business-day limit.
Which texts are exempt from CASL?
Some messages skip the consent requirement and still need identification and an unsubscribe. Others fall outside section 6 entirely.
| Message | What applies | Source |
|---|---|---|
| Solely a quote or estimate the person requested | No consent needed; ID and unsubscribe still required | s. 6(6)(a) |
| Solely facilitates, completes or confirms a transaction they agreed to (order or booking confirmations) | Same | s. 6(6)(b) |
| Warranty, recall, safety or security information about something they use | Same | s. 6(6)(c) |
| Factual information about their ongoing subscription, membership, account or loan | Same | s. 6(6)(d) |
| Information about a current employment relationship or benefit plan | Same | s. 6(6)(e) |
| Delivering a product, update or upgrade they're entitled to | Same | s. 6(6)(f) |
| A message "sent in response to a request, inquiry or complaint or is otherwise solicited" by the recipient | Section 6 does not apply | SOR/2013-221, s. 3(b) |
| A message to a person or family member with a personal or family relationship, as defined | Section 6 does not apply | s. 6(5)(a) |
| An inquiry or application to a business about its own commercial activity | Section 6 does not apply | s. 6(5)(b) |
The word "solely" in section 6(6) matters. Add an offer to an order confirmation and the text becomes an ordinary CEM that needs consent. Reminders built this way are covered in our appointment and payment reminder guide.
What are the penalties under CASL?
The maximum administrative monetary penalty is "$1,000,000 in the case of an individual, and $10,000,000 in the case of any other person" per violation (s. 20(4)). The CRTC enforces the Act. Officers and directors who "directed, authorized, assented to, acquiesced in or participated in" a violation are personally liable (s. 31), and a business is liable for its employees and agents (s. 32). A business is not liable if it shows it "exercised due diligence to prevent the commission of the violation" (s. 33(1)), which is where consent records and written procedures matter. The private right of action in sections 47 to 51 never came into force and is shown as repealed.
How do you send texts to Canadian numbers?
Canada has no 10DLC registry. Business texts to Canadian mobiles usually go through a toll-free number that has passed toll-free verification, which typically takes one to two weeks. Our 10DLC and toll-free registration guide walks through both countries' setup.
How CASL compares with the US rules:
| Rule | Canada (CASL) | United States |
|---|---|---|
| Consent | Express or implied for every CEM (s. 6(1)) | "Prior express written consent" for autodialed marketing texts to mobiles (47 CFR 64.1200(a)(2)) |
| Past customers | Implied consent for two years after a purchase, six months after an inquiry | Do Not Call exception for 18 months after a transaction, three months after an inquiry (64.1200(f)(5)) |
| Identify the sender | Required in every CEM, with mailing address | Expected by carriers |
| Opt-out deadline | 10 business days (s. 11(3)) | 10 business days (64.1200(a)(10)) |
| Sending hours | None in CASL | 8 a.m. to 9 p.m. for telephone solicitations (64.1200(c)) |
For the US side in full, see our texting rules summary.
Related: business texting rules for the US and Canada.
Where does Textually fit?
Textually sends text sequences for teams texting the US and Canada, and verifies toll-free numbers for Canadian recipients as part of setup. A text step sends only when the lead has a consent record (source and date) or the campaign has a campaign-wide consent confirmation, and a consent statement must be ticked when you import a list, push leads to a campaign and launch. Store the consent type and date in a column so you can see when implied consent runs out. Every text carries the registered opt-out line until the person replies, STOP and ARRET stop texts at once, and a reply ends that lead's sequence and lands in one shared inbox. Your business name and contact link go in the text you write. Read the guide to SMS for sales and customer follow-up, see pricing, or apply for access.
Questions
Does CASL apply to B2B text messages?
Yes. CASL has no general business-to-business exemption for texts to people outside your organization. Implied consent from a published or disclosed number applies only if your text is relevant to the person's business role (s. 10(9)(b) and (c)). Messages between organizations that already have a relationship, about the recipient organization's activities, are excluded (SOR/2013-221, s. 3(a)).
How long does implied consent last under CASL?
Two years after a purchase, lease or the end of a subscription or contract, and six months after an inquiry or application (s. 10(10) and (14)). Express consent lasts until the person withdraws it.
Can I text someone to ask for consent?
No. A message asking for consent to send commercial messages is itself a CEM (s. 1(3)), and the CRTC has said a text message cannot be used to elicit express consent. Ask on a web form, in person or on a call, then record it.
Is "Reply STOP to opt out" enough for CASL?
It covers the reply route, which must work by the same electronic means (s. 11(1)). The CRTC's guidance for texts also expects a link to a web page where people can unsubscribe, and each CEM needs your name and mailing address, which a link to a contact page can carry (SOR/2012-36, s. 2(2)).
Does Canada's do-not-call list cover texts?
The National Do Not Call List rules were written for telemarketing calls, and in 2008 the CRTC declined to widen a review of those rules to text messages (CRTC letter, 2008). Commercial texts are governed by CASL's consent, identification and unsubscribe rules.
Does CASL apply to a US company texting Canadians?
Yes. The Act applies when a computer system in Canada is used to send or access the message (s. 12(1)), so texts received on Canadian phones are covered wherever the sender is based.
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