CASL for restaurants: how to email and text customers legally in Canada

Emails and text messages are one of the cheapest ways for a restaurant to bring customers back. In Canada, they are also regulated. Canada's Anti-Spam Legislation, usually called CASL, sets the rules for commercial electronic messages. Here is what a restaurant or café owner needs to know. This is a general guide, not legal advice; if you are unsure, check the official guidance or ask a professional.

What is CASL?

CASL is the federal law, in force since 2014, that governs commercial electronic messages: emails, texts and similar messages that encourage someone to buy something, such as a promotion, a new menu announcement or an event invitation. It applies to businesses sending these messages to people in Canada. It is enforced by the CRTC.

Does CASL apply to restaurant newsletters and promotions?

Yes. A newsletter announcing a new menu, a text about a weekend special, or an email inviting customers to an event are all commercial messages under CASL. Purely transactional messages, such as a booking confirmation or a receipt, are treated differently, but anything promotional needs to follow the rules.

A good test: if the message is trying to get someone to come in or spend money, treat it as commercial and follow CASL.

What kind of consent do you need under CASL?

There are two kinds:

Type	What it means	How long it lasts
Express consent	The customer clearly agreed to receive your messages, for example by ticking an unticked box	Until they withdraw it
Implied consent	Inferred from a relationship, such as a purchase in the past two years or an inquiry in the past six months	Limited time, then it expires

Express consent is the safest basis. Implied consent expires, so a list built only on past purchases slowly becomes one you cannot use.

How do you collect consent properly?

1. Use an unticked checkbox or a clear opt-in. Pre-ticked boxes do not count as express consent.
2. Say who you are and what kind of messages you will send.
3. Mention that people can unsubscribe at any time.
4. Keep a record of when and how each person agreed.

Good places to ask: when someone books a table, signs up for a loyalty program, joins your Wi-Fi with a clear opt-in, or fills in a form on your website.

What must every commercial message include?

Under CASL, each commercial email or text should include:

• Your business name (and the name of anyone sending on your behalf).
• Contact information, including a mailing address and a phone number, email or web address.
• An unsubscribe mechanism that is clear, easy to use and free.

How quickly do you have to process unsubscribes?

Unsubscribe requests must be processed without delay, and within 10 business days. Make it easy: one click in an email, or a simple reply such as "STOP" for texts. Never make people log in or explain themselves.

What are common CASL mistakes restaurants make?

• Adding everyone who ever booked to a promotional list without consent.
• Using pre-ticked boxes on booking or sign-up forms.
• Buying or borrowing email lists.
• Leaving out the unsubscribe link in a quick promotional text.
• Ignoring expired implied consent from customers who have not visited in years.

What about texting customers?

Text messages are covered by CASL in the same way as emails. Keep them short, include your business name, and offer a simple way to opt out. Be especially careful with frequency; too many texts annoy people quickly.

What happens if a restaurant breaks CASL?

The CRTC can investigate complaints and issue penalties, and the maximum penalties under CASL are large enough to be serious for any business. Most small restaurants will never face enforcement if they act in good faith, but the reputational cost of spamming customers is real too: people unsubscribe, mark messages as spam, and stop trusting the brand. The safest approach is also the most effective one, which is sending messages only to people who asked for them.

How can you grow an email list the right way?

• Offer something useful, such as early access to new menus or event invitations.
• Ask at the right moment, when someone is enjoying their visit or booking.
• Keep your promises about how often you will send messages.
• Make every message worth opening.

Mosey is built for diners to rate the places they actually ate at and save where they want to go next. However your customers find you, the best list is one they chose to join because they want to hear from you.

More guides for your business:

• Google Business Profile for restaurants: a setup checklist for Canadian owners
• Restaurant marketing ideas in Canada that do not need a big budget
• Should your restaurant join Dine Out Vancouver or Summerlicious?

More in the Canadian guides for food businesses.