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PIPEDA
CASL
Canada
Privacy Law
Cookie Consent
10 min read

What Is Cookie Consent in Canada?

Cookie consent in Canada is required under PIPEDA, CASL, and Quebec's Law 25. Websites must obtain explicit opt-in consent before using tracking cookies for analytics or advertising. Penalties can reach $25 million for non-compliance.

What Is Cookie Consent in Canada?

Direct Answer: Cookie consent in Canada is the legal requirement for websites to obtain user permission before collecting personal data through cookies. Under Canadian privacy laws (PIPEDA, CASL, and Quebec's Law 25), websites must get explicit, opt-in consent for tracking cookies used for analytics, advertising, or marketing purposes. Penalties for non-compliance can reach up to $25 million or 4% of global revenue under Quebec's Law 25.

Learn more about PIPEDA compliance →

Table of Contents

Canadian websites must comply with three main privacy laws that require cookie consent:

What Is PIPEDA and How Does It Apply to Cookies?

PIPEDA (Personal Information Protection and Electronic Documents Act) is Canada's federal privacy law that applies to private-sector organizations. Under PIPEDA, you must:

  • Get meaningful consent before collecting personal information
  • Explain why you're collecting data and how you'll use it
  • Give users control over their data
  • Protect personal information with appropriate safeguards

What this means for cookies: If your cookies collect personal information (like IP addresses, device IDs, or browsing behavior), you need explicit consent. Learn more about PIPEDA requirements from the Office of the Privacy Commissioner of Canada.

What Is CASL and How Does It Apply to Cookies?

CASL (Canada's Anti-Spam Legislation) primarily deals with email marketing, but it also applies to tracking technologies. Key requirements:

  • Get consent before installing software (including tracking scripts) on someone's device
  • Clearly identify your organization
  • Provide an easy way to opt-out

What this means for cookies: Marketing and advertising cookies fall under CASL's "software" definition. Read the official CASL guidance.

What Is Quebec's Law 25 and How Is It Different?

Quebec has its own privacy law, Bill 64 (Law 25), which is even stricter than PIPEDA:

  • Requires explicit consent for cookies (not just implied)
  • Mandates opt-in (not opt-out) for non-essential cookies
  • Includes significant fines for non-compliance

If you have users in Quebec, you need to follow the stricter standard. Learn more about Quebec's Law 25 requirements.

Understanding cookie categories is crucial for Canadian compliance. Here's a breakdown of what requires consent and what doesn't:

No. These cookies are essential for your website to function properly:

Examples:

  • Session management (keeping users logged in)
  • Authentication (verifying user identity)
  • Security features (preventing fraud)
  • Load balancing (distributing traffic)
  • Shopping cart functionality

Key Point: You don't need consent for these, but you must still disclose them in your privacy policy.

Recommended, but not always required. These enhance user experience but aren't strictly necessary:

Examples:

  • Language preferences (English/French)
  • Theme settings (dark mode, light mode)
  • Shopping cart persistence (remembering items)
  • User interface preferences

Best Practice: While technically allowed without consent, it's recommended to get user permission.

Yes. These track user behavior and always require explicit consent:

Examples:

  • Google Analytics (page views, user behavior)
  • Hotjar (user recordings, heatmaps)
  • Microsoft Clarity (session recordings)
  • Custom analytics (conversion tracking)

Important: Even "anonymized" analytics typically require consent under Canadian law. See Google's guidance on consent mode.

Yes. These are used for targeting and advertising and always require consent:

Examples:

  • Google Ads (conversion tracking, remarketing)
  • Facebook Pixel (audience building, ad optimization)
  • Retargeting pixels (showing ads to previous visitors)
  • Affiliate tracking (commission tracking)

How Do I Make My Banner Visible and Clear?

Your cookie banner must be:

  • Shown before cookies are set
  • Written in plain language
  • Easy to understand and dismiss

Users must be able to:

  • Accept all cookies
  • Reject non-essential cookies
  • Choose specific cookie categories

Bad example: "By continuing to browse, you consent to cookies." Good example: "We use cookies for analytics and advertising. You can accept all or customize your preferences."

No. Under PIPEDA and Law 25:

  • Pre-ticked consent boxes are not valid
  • Users must actively opt-in to non-essential cookies

Users must be able to:

  • Change their cookie preferences anytime
  • Find cookie settings easily (footer link is common)
  • Revoke consent without penalty

Yes. You should document:

  • When consent was given
  • What the user consented to
  • Version of your cookie policy at the time

Many websites load Google Analytics or Facebook Pixel immediately, then show a cookie banner. This is not compliant.

Solution: Use a consent management platform that only loads tracking scripts after user consent.

No. Banners that imply scrolling equals consent are not valid under Canadian law.

Solution: Require explicit action (button click) to accept cookies.

Can I Hide the Reject Button?

No. Making the "Accept" button prominent while hiding or de-emphasizing the "Reject" option is a dark pattern and may violate PIPEDA.

Solution: Make both accept and reject options equally visible.

Yes. A banner alone isn't enough. You need a detailed cookie policy that explains:

  • What cookies you use
  • Why you use them
  • How long they last
  • How users can control them

Can I Copy a US or EU Banner?

Not recommended. US websites often have weaker cookie consent requirements. EU banners (GDPR) are closer but still different from Canadian requirements.

Solution: Build a banner specifically designed for Canadian compliance.

What Are the Penalties for Non-Compliance?

What Are PIPEDA Penalties?

While PIPEDA historically focused on complaints rather than fines, the Privacy Commissioner of Canada can:

  • Issue public findings against your organization
  • Damage your reputation and trust
  • Refer cases to Federal Court (which can award damages)

What Are CASL Penalties?

CASL has serious teeth:

  • Up to $10 million per violation for businesses
  • Up to $1 million per violation for individuals
  • No warnings required — fines can be issued immediately

What Are Quebec Law 25 Penalties?

Under Bill 64:

  • Up to $25 million or 4% of global revenue (whichever is greater)
  • Administrative penalties of $10,000 per individual and $50,000 per company

The takeaway: Non-compliance is expensive and risky.

Should I Use a Canadian-Focused Tool?

Yes, for most businesses. Look for cookie banner tools that:

  • Are designed for Canadian compliance (PIPEDA, CASL, Law 25)
  • Block cookies until consent is given
  • Offer granular controls
  • Are easy to customize and brand

Not recommended. Building your own cookie banner requires:

  • Deep knowledge of Canadian privacy laws
  • Technical skills to block cookies until consent
  • Ongoing maintenance as laws change

Most businesses are better off using a specialized tool.

Use this checklist to evaluate cookie banner solutions:

  • [ ] Banner appears before any tracking cookies are set
  • [ ] Users can accept or reject non-essential cookies
  • [ ] No pre-ticked boxes
  • [ ] Clear, plain-language explanation
  • [ ] Granular category controls (analytics, marketing, etc.)
  • [ ] Easy way to withdraw consent later
  • [ ] Detailed cookie policy page
  • [ ] Complies with Quebec Law 25 (if you have Quebec users)
  • [ ] Works on mobile devices
  • [ ] Accessible to users with disabilities

If your website targets Canadian users (or you're located in Canada), cookie compliance isn't optional. Here's what to do:

  1. Audit your current setup — Use the checklist above
  2. Choose a compliant solution — Don't rely on generic US tools
  3. Update your privacy policy — Include detailed cookie information
  4. Test your banner — Make sure cookies only load after consent
  5. Stay updated — Canadian privacy laws are evolving

Looking for a simple, affordable solution? Cookie Banner Generator offers unlimited, fully branded cookie banners designed specifically for Canadian compliance.

  • ✅ PIPEDA, CASL, and Law 25 compliant
  • ✅ Blocks cookies until consent
  • ✅ Granular user controls
  • ✅ Works on any website (WordPress, Shopify, Webflow, custom)
  • ✅ First 1,000 accounts are free forever

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Conclusion / TL;DR

Key Takeaways:

  • Cookie consent is required in Canada under PIPEDA, CASL, and Quebec's Law 25
  • Explicit opt-in consent is required for analytics, marketing, and advertising cookies
  • Penalties can be severe — up to $25 million or 4% of revenue under Law 25
  • A compliant cookie banner must block cookies until consent, offer granular controls, and make it easy to withdraw consent
  • Most businesses should use a specialized tool rather than building their own

Next Steps:

  1. Audit your current cookie setup
  2. Choose a Canadian-compliant cookie banner solution
  3. Update your privacy policy with detailed cookie information
  4. Test that cookies only load after user consent
  5. Stay informed about evolving privacy laws

Frequently Asked Questions

Yes. Google Analytics collects personal information (IP addresses, device IDs, browsing behavior) and requires explicit consent under PIPEDA and CASL.

What's the difference between PIPEDA and GDPR?

While both require consent for cookies, GDPR (Europe) is more prescriptive about how consent must be obtained. PIPEDA focuses on meaningful consent and transparency. Canadian websites should design for both if they have EU users.

No. Implied consent (continuing to browse = consent) is not sufficient for tracking cookies under PIPEDA. You need explicit, opt-in consent.

It depends on the cookie's purpose:

  • Session cookies: No consent required
  • Preference cookies: Best practice to get consent
  • Analytics cookies: Consent required

Review your cookie policy:

  • Whenever you add new tracking tools
  • When privacy laws change
  • At least annually

What if I only have Canadian visitors?

Even if you only serve Canada, you still need to comply with PIPEDA federally and Law 25 if you have Quebec users.

Ready to make your website compliant? Get your free cookie banner →

Read more

What Is the PIPEDA Compliance Checklist for Canadian Websites?

PIPEDA compliance checklist for Canadian websites includes cookie consent, privacy policy, user rights, and security measures. Essential requirements for any business collecting personal data in Canada.

What Are GDPR Cookie Consent Requirements?

GDPR requires explicit opt-in consent for cookies in Europe. Websites must block tracking cookies until users actively accept them. Penalties can reach €20 million or 4% of revenue for non-compliance.

Do I Need Consent for Google Analytics and Facebook Pixel Under PIPEDA?

Yes. PIPEDA requires explicit consent for Google Analytics, Facebook Pixel, and other tracking tools because they collect personal information. You must block these scripts until users give permission.