Most Canadian local businesses already hold a quiet permission to follow up with their own customers and enquirers. The catch is that it runs out. Here is how long each kind of CASL consent lasts, and a timer that works out your last safe send date.
CASL implied consent lets a business send a commercial message without a fresh opt-in when there is an existing business relationship: a purchase or lease in the past two years, or an inquiry or application in the past six months. Express consent does not expire. Every message needs an unsubscribe.
What is CASL implied consent?
Canada's anti-spam law, CASL, says you need consent before sending a commercial electronic message (CEM), such as an email promoting a product or service. Consent comes in two forms. Express consent is a clear opt-in. Implied consent is inferred from a relationship the person already has with you. The CRTC's CASL guidance calls the main case an existing business relationship, or EBR.
Texts count too, when they encourage participation in a commercial activity, according to BDC. A plain appointment reminder is a different question from a promotion, so keep the two kinds of message separate in your tools.
How long does each kind of consent last?
| Consent type | What triggers it | How long it lasts |
|---|---|---|
| Express | The person clearly agrees through an opt-in step | No expiry. Ends when they unsubscribe |
| Implied: purchase or lease | They bought or leased goods, services, land or an interest in land from you | The two years immediately before the day you send |
| Implied: inquiry or application | They asked about or applied for what you offer | The six months before the day you send |
| Published business email | Address is published with no "no CEMs" statement, and your message is relevant to their role | No fixed period stated; both conditions must hold |
When does my implied consent run out? A timer
CASL implied consent expiry timer
Pick the relationship and enter the date. Nothing is saved or sent.
Does a missed call or a web form count as an inquiry?
A web form, an email or a call where someone asks about your services and pricing fits the plain meaning of an inquiry. A hang-up with no message is less clear, and the CRTC page does not address it. If your phone system texts missed callers, write the first message as a reply to their call, keep it to one useful question, and include an opt-out. Our missed call text back templates and law firm version show the wording.
What happens when someone says stop?
The CRTC says you must stop sending commercial messages within 10 business days of the request, and it applies whatever consent you held. Build the stop list into your CRM, not a spreadsheet someone forgets. If an AI receptionist or text tool sends messages for you, confirm it honours STOP replies on the same day. See also review request text templates with CASL wording and our note on call recording consent.
Three habits that keep implied consent clean
Log the date and source of every inquiry and purchase, because the window is counted from that date. Send one clear sender identity and contact line in every message. And when a window is about to close, ask for express consent in a plain, non-promotional way at the point of service, for example on the booking form with an unticked checkbox.
CASL implied consent: FAQ
What is CASL implied consent?
It is permission the law infers from an existing relationship, so you can send a commercial electronic message without a fresh opt-in. The CRTC lists two main cases: a purchase or lease within the past two years, or an inquiry or application within the past six months.
How long does CASL implied consent last?
Two years from a purchase or lease, and six months from an inquiry or application, counted back from the day you send the message. Express consent has no expiry, so you can keep messaging until the person unsubscribes.
Is a text message covered by CASL?
Yes, when it encourages participation in a commercial activity. BDC says a text sent from a cell phone counts as a commercial electronic message in that case, so the same consent and unsubscribe rules apply.
How fast must I stop messaging someone who unsubscribes?
The CRTC says you must stop sending commercial electronic messages within 10 business days of the request, whatever type of consent you held. The calculator above counts weekdays only and does not skip statutory holidays, so stop sooner if you can.
Can I text a customer who called last week and never bought?
A phone inquiry about your services may fit the six-month inquiry window, but the CRTC page does not rule on missed calls or voicemails. Treat a caller who asks about a service or a quote as an inquiry, and ask counsel about edge cases.
What are the penalties for breaking CASL?
BDC reports that the CRTC can fine individuals up to $1 million and corporations up to $10 million for violations. Check the CRTC and Canada's anti-spam site for the current enforcement position before you rely on that range.
Sources
- CRTC: Guidance on implied consent under CASL (EBR windows, published addresses, unsubscribe, 10 business days).
- BDC: Canada's anti-spam legislation, your questions answered (texts as CEMs, penalty ceilings).
General information for Canadian businesses, not legal advice. Last verified October 2026 by Aniket Gandhi, AGNT/01.
Related: the express consent rules and form checker and CASL for law firms.
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