Text Message Marketing in Canada: A CASL-Safe Playbook

For a service business, text is often the best channel you have. Customers ignore email and screen calls, but they read texts. That makes text message marketing in Canada worth doing, and worth doing properly. Canada's Anti-Spam Legislation (CASL) applies to commercial text messages the same way it applies to email, and the penalties are serious.

Here's what the rules mean in practice for a small business. This is general information, not legal advice. For anything unusual, talk to a lawyer or check the guidance from the CRTC and the Government of Canada's anti-spam site.

Does CASL apply to text messages?

Yes. CASL covers "commercial electronic messages" sent to an electronic address, and that includes SMS and MMS, not just email. A message is commercial if one of its purposes is to encourage participation in a commercial activity: promotions, offers, "book your spring cleanup now," and so on.

Penalties can reach up to $1 million per violation for individuals and up to $10 million per violation for businesses. Most small businesses will never face anything close to that, but it's a clear signal that regulators take this seriously.

The three things every commercial text needs

1. Consent

You need consent before sending a commercial text. There are two kinds:

• Express consent: the person actively agreed to receive messages from you. It doesn't expire until they withdraw it.
• Implied consent: comes from an existing relationship. Most commonly, a purchase within the last two years, or an inquiry within the last six months. It expires when the time runs out.

2. Identification

Each message must identify who's sending it, and include contact information: a mailing address plus a phone number, email or website. Texts are short, so CASL's regulations allow this information to be posted on a web page that's readily accessible through a link in the message, when it's not practical to include it in the text itself.

3. An unsubscribe mechanism

Every commercial message needs an easy, free way to opt out. "Reply STOP to unsubscribe" is the standard approach for texts. Unsubscribe requests must be processed within 10 business days, and in practice your texting platform should stop messages immediately.

The safest list is one where every person on it remembers saying yes.

How to get express consent the right way

Implied consent expires. Express consent doesn't. So for any ongoing text marketing, express consent is what you want. When you ask for it:

• Say what they're signing up for: "seasonal reminders and occasional offers by text."
• Say who's asking: your business name and contact information.
• Say they can unsubscribe at any time.
• Use an unchecked box. Pre-checked boxes don't count as express consent. The customer has to take an action.
• Keep the request separate from your terms and conditions, rather than buried inside them.
• Record it: who agreed, when, how, and what wording they saw. If a complaint comes up, the burden of proving consent is on you.

One trap: sending a text asking for consent is itself treated as a commercial message under CRTC guidance. So you can't cold-text a list of numbers asking "Can we text you offers?" Ask in person, on a form, at checkout or in a booking confirmation flow instead.

Messages that don't need consent

Some messages are exempt from the consent requirement, as long as they still include identification and an unsubscribe option. These include messages that solely:

• Provide a quote or estimate the person asked for.
• Facilitate, complete or confirm a transaction they already agreed to, such as booking confirmations and "your technician is on the way."
• Provide warranty, recall, safety or security information about something they bought.

The key word is "solely." A booking reminder that also pushes a promotion ("See you Thursday! Also, 15% off gutter cleaning this month") is a commercial message and needs consent. Keep operational texts clean. Our post on how to automate lead follow-up shows how to build compliant reply sequences for new inquiries.

Your CASL text marketing checklist

Text message marketing ideas customers actually like

Compliance gets you permission. Being useful keeps people from hitting STOP. Some ideas that fit Calgary's seasons:

• Lawn care and landscaping: a spring cleanup booking reminder once the snow is gone, and an aeration reminder in the fall.
• Auto shops: a winter tire swap reminder in October, before the first real snowfall rush.
• Furnace and HVAC: a fall tune-up reminder before the first cold snap.
• Barbers and salons: "It's been five weeks. Want your usual Thursday spot?" with a booking link.
• Roofing and exteriors: after a major hail storm, a note to past customers offering an inspection.

Keep it to a few messages a season. Use the customer's name. Send during reasonable hours. And always make the next step a single tap.

Review requests and CASL

Asking a recent customer for a Google review is one of the most common texts a service business sends. A customer who just bought from you is generally within the two-year implied consent window, and many owners treat review requests as part of the service anyway. Still, include your business name and an opt-out, and don't mix in promotions. Our guide to a Google review system for small business covers the Google side of the rules too.

Where Sidekick fits

The hard part of CASL isn't understanding it. It's tracking consent dates and opt-outs for hundreds of customers across a booking tool, a CRM and a texting app. Sidekick builds the systems that do that automatically, alongside the websites and ads that bring in customers. If you want texting that's both effective and clean, book a free call.

Frequently asked questions

Is text message marketing legal in Canada?

Yes, as long as you follow Canada's Anti-Spam Legislation. You need consent before sending commercial texts, each message must identify your business, and every message needs a working way to unsubscribe.

How long does implied consent last under CASL?

Implied consent from a purchase generally lasts two years from the purchase, and implied consent from an inquiry generally lasts six months. Express consent does not expire until the person withdraws it.

Do appointment reminders need consent under CASL?

Messages that solely facilitate or confirm a transaction the customer already agreed to, such as a booking confirmation, are exempt from the consent requirement. They still need identification and an unsubscribe option, and adding a promotion makes them commercial messages that need consent.

Can I text customers to ask if they want marketing texts?

Not if you do not already have consent. Under CRTC guidance, a message asking for consent is itself a commercial electronic message. Ask in person, on a website or booking form, or at checkout instead.

How fast do I need to process an unsubscribe request?

CASL requires unsubscribe requests to be actioned within 10 business days at no cost to the recipient. Most texting platforms can stop messages immediately when someone replies STOP.