In 2026 the Canadian marketing industry served as a primary economic driver, contributing $130.9 billion to the national GDP and supporting approximately 861,500 jobs, or 1 in 25 Canadian positions. The sector’s growth is characterized by a definitive shift toward digital channels, which currently command 70% of total media revenue. At DOBRMAN, we provide practical legal support to marketing agencies, influencer agencies, PR firms, email marketing companies, affiliate marketers, and marketing technology companies in Alberta and across Canada to navigate this increasingly complex and data-driven sector.
Marketing campaigns are built on contracts. Every marketing relationship — between an agency and its client, a brand and its media partner, a business and its affiliate network — should be governed by a formal written contract. Marketing agreements define the scope of services, ownership of creative work, fee structures, performance obligations, intellectual property rights, and what happens when a campaign does not deliver the expected results. Poorly structured marketing agreements are among the most common sources of commercial disputes in the marketing industry.
Email marketing is heavily regulated in Canada. Canada's Anti-Spam Legislation (CASL) is one of the strictest email marketing compliance regimes in the world — and it applies to every commercial electronic message sent to a Canadian electronic address, regardless of where the marketing business is located. Marketing companies that send commercial electronic messages without proper consent, without adequate sender identification, or without a functioning unsubscribe mechanism, face steep penalties under CASL. Email marketing compliance is a non-negotiable legal obligation for any marketing business operating in Canada.
Advertising standards apply across all marketing channels. Marketing campaigns in Canada — whether delivered through television, radio, print, out-of-home advertising, email, or digital platforms — are subject to Canadian advertising standards and competition law. The Competition Act prohibits deceptive marketing practices including false or misleading representations, misleading pricing, and performance claims that cannot be substantiated. Advertising Standards Canada's Code of Ethics establishes additional standards that apply across marketing formats and channels.
Intellectual property ownership in marketing is often disputed. Marketing agencies and their clients frequently disagree about who owns the creative work produced in the course of a marketing engagement — including campaign concepts, copy, photography, video production, graphic design, and brand assets.
Affiliate marketing carries specific legal obligations. Affiliate marketing arrangements — in which a business pays a commission to a third party for generating leads, sales, or traffic — involve a range of legal considerations including commission structures, tracking and attribution terms, compliance with CASL and applicable privacy legislation, and disclosure obligations under Canadian advertising standards.
Privacy law governs marketing data. Marketing businesses that collect, use, or disclose personal information — including customer lists, email databases, behavioral targeting data, and analytics — are subject to Canadian privacy legislation. Marketing technology companies that process personal information on behalf of clients are subject to additional obligations as data processors, and must enter into appropriate data processing agreements that address their privacy law obligations. Privacy compliance is an increasingly important legal consideration for marketing businesses operating in a data-driven industry.
Canada's Anti-Spam Legislation (CASL), SC 2010, c 23 — Governs commercial electronic messages sent by marketing businesses to Canadian recipients, including email marketing campaigns, promotional communications, and affiliate marketing messages.
Competition Act, RSC 1985, c C-34 — Canada's primary competition and consumer protection statute, containing provisions governing deceptive marketing practices, misleading advertising, false testimonials, and performance claims across all marketing channels.
Consumer Protection Act, RSA 2000, c C-26.3 — Alberta's provincial consumer protection legislation governing unfair marketing practices, misleading representations, and deceptive advertising directed at consumers in the province.
Copyright Act, RSC 1985, c C-42 — Governs the ownership and protection of original marketing creative works, including campaign concepts, copy, photography, video content, graphic design, and other marketing materials produced by agencies and their clients.
Trademarks Act, RSC 1985, c T-13 — Governs the registration and protection of brand names, logos, and other commercial identifiers used in marketing campaigns.
Personal Information Protection and Electronic Documents Act (PIPEDA), SC 2000, c 5 — Canada's federal private sector privacy law governing the collection, use, and disclosure of personal information by marketing businesses in commercial activities, including the use of customer data for marketing targeting and campaign analytics.
Personal Information Protection Act (PIPA), SA 2003, c P-6.5 — Alberta's provincial private sector privacy legislation, applicable to marketing businesses operating within the province.
Advertising to children. Marketing campaigns directed at children in Canada are subject to heightened legal and regulatory scrutiny. The Canadian Code of Advertising Standards contains specific provisions governing advertising directed at children under 12 — prohibiting marketing techniques that exploit children's credulity, lack of experience, or sense of loyalty, and imposing strict standards on the depiction of products and pricing in child-directed marketing. Quebec's Consumer Protection Act goes further, imposing a near-total prohibition on commercial advertising directed at persons under 13 years of age.
Marketing agency and client disputes. Disagreements between marketing agencies and their clients — over the scope of services, the adequacy of campaign deliverables, ownership of creative work, non-payment of fees, or the early termination of a marketing agreement — are a frequent source of legal conflict in the marketing industry.
CASL non-compliance. Marketing businesses that send commercial electronic messages without proper consent, identification, or unsubscribe mechanisms are exposed to significant regulatory liability under CASL. CASL enforcement actions have resulted in penalties of millions of dollars against Canadian marketing businesses, and compliance failures — including inadequate record-keeping of consent — are a common and costly legal issue in the email marketing sector.
Misleading advertising. Marketing campaigns that make false or misleading representations about a product's features, price, performance, or comparative advantages can attract enforcement action under the Competition Act and complaints under Advertising Standards Canada's Code of Ethics. Marketing businesses that develop or approve campaigns on behalf of clients need to ensure that all performance claims and representations are accurate and substantiated.
Improper sponsored content disclosures. Marketing campaigns that use influencers, brand ambassadors, or sponsored social media content to promote products and services are subject to disclosure requirements under Canadian advertising standards and the Competition Act.
Unauthorized use of creative assets. Marketing businesses that produce marketing campaigns on behalf of clients regularly encounter situations where third-party content — including photographs, music, video clips, and graphic elements — is incorporated into marketing materials without the appropriate license. Unauthorized use of third-party creative assets in a social media marketing campaign can expose both the marketing agency and its client to infringement claims.
What does a marketing lawyer do? A marketing lawyer helps marketing businesses structure their client agreements to clearly address IP ownership and service scope, advises on compliance with Canadian advertising standards and competition law, and assists with disputes that arise between marketing agencies and their clients. At DOBRMAN, our marketing law practice serves marketing agencies and advertising businesses of all sizes in Alberta and across Canada.
What is CASL and how does it apply to my marketing business? CASL applies to any commercial electronic message sent to a Canadian electronic address — including email marketing campaigns, promotional text messages, and certain push notifications. Marketing businesses that send commercial electronic messages to Canadian recipients must obtain express or implied consent before sending, clearly identify themselves and any organization on whose behalf the message is sent, and include a functioning unsubscribe mechanism.
What is the Canadian Code of Advertising Standards and does it apply to my marketing business? The Canadian Code of Advertising Standards is the marketing industry's principal self-regulatory instrument in Canada, administered by Ad Standards. The Code sets the criteria for acceptable advertising and forms the basis upon which advertising is evaluated in response to consumer complaints and complaints between advertisers. It applies to marketing across all Canadian media channels — including television, radio, print, digital, and out-of-home advertising — and is widely endorsed by advertisers, marketing agencies, and media organizations across Canada.
Who owns the creative work produced by a marketing agency in Canada? Under Canadian copyright law, the creator of an original marketing work generally owns the copyright in that work. Both agencies and their clients benefit from clearly drafted agreements that address intellectual property ownership at the outset of the marketing relationship.
Does DOBRMAN work with marketing agencies? Yes. DOBRMAN provides legal support to marketing agencies, influencer agencies, PR firms, email marketing businesses, brands, and influencers — including marketing agency agreement drafting, CASL compliance, intellectual property ownership structuring, and privacy compliance for marketing data programs.
This information is for education and entertainment purposes only. It is not intended to be legal, business, or other professional advice to be relied on. Do not make or refrain from any decisions on the basis of this information. Please contact us to receive advice from a qualified lawyer. View our Terms of Service for more information.