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Interactive Guide: Targeted Advertising Regulations in Canada

Understanding Targeted Advertising Regulations in Canada

As digital advertising practices continue to evolve, organizations operating in Canada must navigate a complex mix of federal and provincial privacy laws. Developed with Fasken’s Privacy and Cybersecurity team, this interactive guide uses a questionnaire-based approach to help users understand targeted advertising requirements under PIPEDA, Québec’s APPIPS, and PIPA in Alberta and British Columbia. It provides practical guidance on consent obligations and the handling of sensitive personal information, giving publishers a clear, user-friendly way to assess compliance across jurisdictions.

⚠️ Disclaimer: This guide is provided for general informational purposes only and is not legal advice. It is a high-level reference meant to inform discussion and should not be relied upon as a substitute for consultation with qualified legal counsel.

1) Where is your audience located?

Select all that apply.

Note: Consent requirements typically apply to the party collecting information directly from the end user (often the publisher).
2) What type of personal information is used?
3) Would the average user reasonably expect this use?

4) Risk of harm

Based on your context, could this use create a meaningful risk of harm? (Required)

Tip: Express consent should be treated as the default. Implied consent is appropriate only where analysis supports it.
5) Quebec: does this involve profiling?

Profiling generally means assessing characteristics/behaviour to analyze preferences or interests.

Quebec note: Profiling functions should be deactivated by default; consent approach depends on sensitivity, expectations, and risk.

Your Consent Snapshot

This is a simplified guide based on your inputs. Assessments can be case-by-case.

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Jurisdiction breakdown Collapse

Canada (Federal)

In the consumer context, PIPEDA applies to private-sector organizations in Canada that collect, use, or disclose personal information in the course of commercial activities. For an organization to engage in targeted advertising, PIPEDA requires the meaningful consent of individuals.

In a recent investigation, the federal Office of the Privacy Commission of Canada (OPC) considered that the use of sensitive personal information of children under the age of 13 for the purposes of targeted advertising was not appropriate and thus not permitted, regardless of consent. Caution should be exercised if using childrens’ personal information for targeted advertising purposes.

Resources:

Quebec

APPIPS applies to personal information which a person collects, holds, uses or communicates to third persons in the course of carrying on an enterprise.

Resources:

  • APPIPS (law text): LegisQuébec.
  • Where profiling is involved, profiling functions should be deactivated by default (see statute context above).

Quebec operational note

  • Because profiling may be involved, ensure profiling functions are deactivated by default.

Alberta

PIPA Alberta applies to private sector organizations, including non-profit organizations in the context of their commercial activities, that collect, use, or disclose personal information within the province. PIPA Alberta requires the meaningful consent of individuals.

The Office of the Information and Privacy Commissioner of Alberta (OIPC) has taken the position that the use of personal information of children under the age of 13 for the purposes of targeted advertising is not appropriate and thus not permitted, regardless of consent.

Resources:

British Columbia

PIPA British Columbia applies to private sector organizations that collect, use, and disclose personal information within the province. PIPA British Columbia expressly does not apply to the extent PIPEDA applies. PIPA British Columbia requires the meaningful consent of individuals.

The Office of the Information and Privacy Commissioner of British Columbia (OIPC) has taken the position that the use of personal information of children under the age of 13 for the purposes of targeted advertising is not appropriate and thus not permitted, regardless of consent.

Resources:

No jurisdiction selected

  • Select at least one jurisdiction to see the breakdown.
Practical publisher notes Expand
  • Consent should be clear and tied to the purpose (what data, why, and who it may be shared with).
  • Where express consent is required, users need to take a positive action to agree.
  • Partners in the ad chain often rely on publisher-collected consent, but responsibilities can vary.
  • For online environments, layered notices and contextual prompts can help support meaningful consent: OPC policy position.
The Future of Bill C-27 Expand

Federal Bill C-27, the Digital Charter Implementation Act would have cemented express consent as the foundation for collecting personal information and limited implied consent to circumstances deemed “appropriate,” considering the sensitivity of the information and the individual’s reasonable expectations. While it died on the order of paper, the bill may soon be revisited by parliament and offers insight into what a modernization of PIPEDA may look like.

  • Bill C-27 (LEGISinfo record): Parliament of Canada
  • CPPA overview (Innovation, Science and Economic Development Canada): ISED
Key Takeaways Expand
  1. Organizations must comply with applicable federal and provincial consent requirements when engaging in targeted advertising.
  2. A request for consent must be transparent. Its form must be chosen based on the sensitivity of the information requested, the reasonable expectations of the individual and the potential for harm.
  3. Choosing the correct form of consent is central to ensuring the lawfulness of personal information collection and use.
    4. Note: Express consent can be chosen in case of any doubt.
Disclaimer: This guide is provided for general informational purposes only and is not legal advice. It is a high-level reference meant to inform discussion and should not be relied upon as a substitute for consultation with qualified legal counsel.

Thank you to our contributors:

Alexander J. Shapiro
Privacy Lawyer
Fasken
Soleïca Monnier
Privacy Lawyer
Fasken
Christopher Furgeson
Partner
Fasken