Canada's anti-spam legislation (CASL) sets the rules for every promotional text and email an HVAC company sends. The Justice Laws Website shows the Act as current to September 30, 2026 and last amended on January 1, 2026 (sections 1 to 8; sections 9 to 13). The rules are strict, but they leave HVAC companies a clear and useful window: past customers and recent enquirers. This report summarises the sections that matter; it is not legal advice, and the CRTC enforces the Act.
What counts as a commercial message
The answer first: almost any text or email that encourages someone to buy from you counts.
The Act defines an electronic message as one sent by any means of telecommunication, which covers text messages as well as email. A message is commercial if, from its content, links or contact details, one of its purposes is to encourage participation in a commercial activity. A maintenance reminder that offers a tune-up, a seasonal discount or a heat pump quote is commercial. Section 1(3) adds that a message asking for consent to send commercial messages is also treated as a commercial message.
Consent: express or implied
Section 6(1) prohibits sending a commercial electronic message unless the recipient has consented, expressly or by implication.
Section 10 lists when consent is implied. Two cases cover most HVAC marketing:
| Situation | Implied consent lasts | Source |
|---|---|---|
| The person bought a product or service from you | The two-year period before the message is sent | s. 10(10)(a) |
| The person made an inquiry or application to you | The six-month period before the message is sent | s. 10(10)(e) |
After those windows close, you need express consent to keep sending commercial messages.
What each message must contain
Section 6(2) requires every commercial message to identify the sender, provide contact information, and include an unsubscribe mechanism.
Section 11 adds the timing rules. The unsubscribe must cost the recipient nothing, the contact address or web page must stay valid for at least 60 days after the message is sent, and an unsubscribe request must be honoured no later than 10 business days after it was sent.
Our analysis: a follow-up calendar that stays inside the rules
Our reading is that CASL rewards HVAC companies that ask for consent at the right moment and keep good records.
- At the job. When the technician finishes, the invoice or the closing conversation should ask whether the customer wants maintenance reminders. Record the yes, the date and how it was given. That turns a two-year implied window into ongoing express consent.
- Month 1. A thank-you message and a review request. Include your business name, a phone number and a simple way to opt out.
- Month 6 to 12. The first seasonal reminder: furnace check before winter, or cooling check before summer.
- Month 23. If you only have implied consent, this is the last sensible point to ask for express consent before the two-year window closes.
- Quote enquiries. For people who asked for a quote but did not buy, plan any follow-up inside six months, then stop unless they opt in.
Statistics Canada's 2023 survey found only 6.1% of construction firms used email marketing, as our web presence report shows. A compliant reminder program is uncommon in this sector, which is part of why it works.
Common mistakes we see
- Buying or importing a list of homeowners and texting them. None of them consented.
- Sending from a technician's personal phone with no company name or opt-out.
- Keeping no record of when and how consent was given. If a complaint arises, the sender has to be able to show consent.
- Treating "reply STOP" as handled when nobody actually removes the number within 10 business days.
Where this fits in a marketing plan
Follow-up messages are cheap compared with new leads, but only if the records behind them are clean.
Our reporting service tracks repeat bookings from reminders separately from new leads, so you can see what the program earns. For the regulators and privacy rules by province, see our areas hub. HVAC.Report advises HVAC companies on marketing; we are not lawyers and not a contractor. For a legal opinion on a specific campaign, ask a Canadian privacy lawyer. Call, text or email us for help with the marketing side.
Frequently asked questions
Does CASL apply to text messages as well as email?
Yes. The Act defines an electronic message as a message sent by any means of telecommunication, so commercial texts are covered as well as emails. A tune-up reminder with an offer is a commercial message.
How long can I message a customer after a furnace install?
Implied consent from a purchase lasts for the two-year period before the message is sent. After that, you need express consent, so ask for it while the relationship is fresh, for example on the invoice or at the follow-up call.
Can I text someone who asked for a quote but did not buy?
An inquiry gives implied consent for the six-month period before the message. After six months without express consent, stop commercial messages to that person.
Is an email asking for permission to send offers allowed?
Be careful. The Act treats a message that requests consent as itself a commercial electronic message, so you need a lawful basis to send it. Ask in person, by phone or at the point of sale instead.