What the law covers, and who enforces it
Canada's Anti-Spam Legislation, usually shortened to CASL, governs commercial electronic messages. In plain terms, that means email, text messages and similar notes sent to encourage someone to buy, book, visit or take part in something commercial. A sale notice from a shop in Clearbrook, a seasonal offer from a landscaper in Mission and a clinic newsletter all sit inside the territory the law cares about.
The CRTC enforces the rules on these messages, and it publishes guidance written for ordinary businesses. Read that guidance before you build a list, because this article covers only the well-known basics. Some messages are treated differently, such as those that simply carry out a transaction already agreed, and the edges are where a lawyer earns their fee. Size does not exempt you: a one-person shop is held to the same ideas as a large retailer.
Express consent and implied consent
Express consent means a person has clearly said yes to receiving your messages. It might be a sign-up form with a box they tick themselves, a signature on a clipboard at your counter or a spoken yes that you write down. The request should say who is asking, what kind of messages are coming and that the person can withdraw at any time. A pre-ticked box, or a vague line buried in terms and conditions, is a weak foundation.
Implied consent is narrower. It can arise from an existing relationship, such as a recent purchase, or from someone enquiring about your services. It does not last forever, and the rules on how long it lasts and what it covers belong to the CRTC, not to this article. Having an address is not the same as having permission. An email found on a website or sitting in a bought list is not an invitation, so check the guidance before leaning on any exception.
Say who you are and make leaving easy
Each message needs to identify your business clearly and give the reader a way to reach you: a name, a mailing address and a phone number or email in the footer or signature. For texts, that means opening with your business name and keeping the rest short. Nobody should have to guess who is writing to them.
Then there is the unsubscribe. It must be easy to find, simple to use and it must actually work. In email that is a visible link, not grey text in tiny type. In a text it is a reply word such as STOP. Honour requests promptly, and the CRTC's guidance spells out how promptly. Test your own link now and then from a real inbox, because a broken unsubscribe is a common and avoidable mistake.
Watch the plumbing too. If one list lives in your email platform and another in your booking system, an opt-out in one place may never reach the other, and the messages keep coming. Decide which tool is the source of truth, and make sure every other tool follows it.
Keep the paperwork that proves consent
If a complaint ever arrives, the sender is expected to show where consent came from, and memory will not do. A tidy record answers the question quickly. It also helps you run the list better, because you learn which sign-up points bring in people who actually read your messages.
Most email platforms and CRMs can store this beside each contact. If you collect sign-ups on paper, at a market stall or a front counter, scan the sheets and file them with the wording that was printed at the top. Update the record whenever someone opts out, and never re-add that person from an old import.
- Name, plus the email address or phone number
- The date and the place consent was given: web form, counter, phone call or market stall
- The exact wording the person saw when they agreed
- What they agreed to receive, such as offers or a newsletter
- The date of any opt-out, and who handled it
How this shapes the way you build a list
Good lists grow from real moments. Ask at the counter, on the booking page, at the end of an online order or at a market stall with a tablet or a printed QR code. Make the promise specific: monthly offers, harvest updates, a reminder when the season opens. Specific promises tend to attract people who truly want the messages.
Skip the shortcuts. Do not buy lists, do not copy addresses from invoices into your newsletter without asking and do not add everyone whose business card you collected at a networking event. Ask in the language your customers are comfortable reading, since agreement means little if the person did not understand what they agreed to. Ask clearly, record it, send what you promised and make leaving painless.
Automation does not change the rules
More small businesses now run automated sequences and AI-written follow-ups that fire at any hour. Faster sending makes consent records and opt-outs more important, not less. Build the check into the workflow itself, so a contact without recorded consent never enters a sequence and one unsubscribe stops every active automation. A machine can draft the wording, but the business still answers for what is sent.
- 01Consent status checked automatically before each send
- 02One opt-out that stops every sequence, email and text alike
- 03Regular reviews of old lists, with dormant contacts removed or asked again
Questions & answers
Yes. The law looks at the message, not the size of the sender, so a sole proprietor texting offers is covered in the same way as a large chain. If your message encourages people to buy, book or visit, assume the rules apply and read the CRTC's guidance.
An existing relationship can give implied consent, but only within limits the CRTC explains, and it fades over time. The safer habit is to ask for express consent at the counter, on the booking form or at checkout, then record the answer.
A recipient should be able to find it easily, use it without logging in or paying and see the request honoured promptly across every list you run. Test it from a personal inbox, and check that text opt-outs reach your booking and email tools as well.
Start with the CRTC, which enforces the law and publishes guidance for businesses. For a specific situation, such as a purchased business, a charity, a franchise or an unusual type of message, speak to a lawyer. This article is general information, not legal advice.
