Text Message Marketing Laws in Canada

The law you're dealing with

In Canada, commercial text messages fall under CASL — the Canadian Anti-Spam Legislation. It covers any electronic message whose purpose is to encourage participation in a commercial activity, which includes marketing texts, and even some appointment-promotion messages.

CASL is enforced by the CRTC, and penalties for violations can reach into the millions for repeat offenders. The good news: the rules themselves are simple.

Consent: the whole game

You need consent before sending. Express consent is best — the customer ticks a box or texts a keyword to opt in. Implied consent exists (an existing business relationship, or a published number with a relevant inquiry), but it expires and is riskier to rely on.

The safest Canadian practice: collect opt-ins at checkout, on your website forms, and in person, and record when and how each contact consented.

What every message must include

Every commercial text must identify who is sending it and give a working unsubscribe — normally 'Reply STOP'. The opt-out must be honoured promptly, and unsubscribes must be tracked.

Also keep in mind the Wireless Code: don't text outside reasonable hours, and never text numbers on the National Do Not Call List without consent.

Service messages vs marketing

Transactional messages — appointment reminders, order confirmations, invoice notices — have a lighter touch under CASL because their purpose is fulfilment, not promotion. But the moment you add a promotional line, the message becomes commercial.

This is the most common trap: a reminder that reads fine, plus 'psst, we're having a sale', and you've crossed into marketing territory.

How to stay safe while still using SMS

Use a platform that records consent timestamps and honours STOP automatically. Keep marketing and service messages separate. And when in doubt, get written consent — a checkbox costs nothing and protects everything.

Uphill Tech's SMS automation is built CASL-safe: consent logging, automatic opt-outs, and service-first messaging. The first conversation is free.