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Guide · Canadian law

CASL and referral texts: what a Canadian clinic can send

Canada's Anti-Spam Legislation covers texts, emails and WhatsApp messages. Here is how it applies to refer-a-friend programs, in plain words.

Updated October 1, 2026 · By the Clinvite team
Short answerUnder CASL, a clinic generally needs consent before sending a commercial text or email. Two rules matter for referrals. A message a person sends to a friend or family member is outside CASL's consent rules. And the regulations exempt the first message a business sends to someone after a referral, if the message names the person who referred them. The safest design is for the patient to send the invite themselves.

What is CASL?

CASL is Canada's Anti-Spam Legislation. It covers "commercial electronic messages": emails, texts, and messages on apps like WhatsApp that promote a business. In general, a business needs the person's consent before sending one, and every message must identify the sender and offer a way to unsubscribe.

Messages between friends and family

CASL does not apply its consent rules to a message sent by one person to another person they have a personal or family relationship with. The regulations describe a personal relationship as two people who have had direct, voluntary, two-way communication, where it is reasonable to conclude they know each other personally.

So when your patient texts their sister "I just had my drip at this place, here's $25 off your first one", that is a person messaging family. It is not the clinic sending spam.

The referral exemption

The Electronic Commerce Protection Regulations (section 4) exempt the first commercial message a business sends to someone following a referral from a person who has a relationship with both sides. To rely on it, the message has to disclose the full name of the person who made the referral and state that it is being sent because of that referral. It covers one message, not an ongoing campaign.

Where clinics get it wrong

How Clinvite handles it

This page explains the rules in plain language. It is not legal advice. Read the law on the Justice Laws website (S.C. 2010, c. 23 and SOR/2013-221) or ask a lawyer about your situation.

A referral program built around CASL

Invites leave from your patient's own phone. Friends opt in before you can contact them. Every consent is logged.

Common questions

Does CASL apply to text messages?

Yes. CASL covers commercial electronic messages, which include emails, texts and messages on apps like WhatsApp.

Can my clinic text a friend a patient referred?

Only within the rules. The referral exemption covers one first message from the clinic, and it must name the person who referred them and say it is sent because of that referral. After that, the clinic needs the friend's consent. The simplest route is to let the patient send the invite themselves.

Is a patient texting a friend about my clinic spam?

No. A message one person sends to a friend or family member falls outside CASL's consent rules.

What is the CASL referral exemption?

Section 4 of the Electronic Commerce Protection Regulations. It exempts the first commercial message a business sends after a referral from someone who has a relationship with both the business and the recipient, if the message names the referrer and says it follows their referral.

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