Short answer
CASL requires consent, either express or implied, before you send a commercial text in Canada, and the burden of proving it is on you. Express consent does not expire unless withdrawn. Implied consent lasts about 2 years after a purchase or 6 months after an inquiry. Every message must identify the sender and include a no-cost unsubscribe, honoured within 10 business days.
What types of consent does CASL recognise?
| Type | How it arises | How long it lasts |
|---|---|---|
| Express | The person clearly agrees, for example an unticked box or a keyword text | No expiry, but can be withdrawn at any time |
| Implied: existing business relationship | A purchase or contract with you | Generally 2 years after the event |
| Implied: inquiry or application | The person asked about your products or applied | 6 months |
What must a commercial text include?
- Identification of the sender and anyone on whose behalf it is sent (section 6).
- A way to contact them; the CRTC suggests business name, mailing address and a phone, email or web address, valid for at least 60 days.
- A no-cost unsubscribe mechanism (section 11), such as replying STOP.
- Unsubscribe requests processed without delay and within 10 business days at the latest.
How should you record consent?
Treat express consent as the safe base for marketing lists. Record the exact wording shown, date and time, channel and number, and never use a purchased list. Canada uses short codes and long codes rather than registered alphanumeric sender IDs; short codes are applied for at txt.ca. This is an overview, not legal advice, so confirm your program with Canadian counsel.