Rules
How to run a social media giveaway legally in Canada
How to run a social media giveaway legally in Canada: the Competition Act, Quebec registration and CASL consent rules to settle before you publish.
What to take away
- A Canadian giveaway is regulated federally by the Competition Act, the Criminal Code and CASL.
- Quebec adds a permission step and a post-contest report through the Régie des alcools, des courses et des jeux.
- A compliant rule set names the prize, the dates, the eligibility, the odds and the no-purchase route.
- Keep the posted rules, consent records and draw evidence for the period each law sets.
- A missing permission or a misleading rule can stop the promotion before a prize is awarded.
Who has jurisdiction over a Canadian giveaway
Federal law reaches the promotion wherever the business sits in Canada. The Competition Act treats a promotional contest as advertising, so the published rules must be clear enough for an entrant to know what is won and what must be done. The Criminal Code bans a lottery that combines prize, chance and consideration. A purchase requirement can create that combination, and a free entry route is what removes it.
Most of the file sits with whoever runs the account, and the social media management decision about what to keep should be settled before entries open.
The Office of Consumer Affairs publishes plain guidance on contest rules that promoters can read before drafting. Federal business resources for small firms from Innovation, Science and Economic Development Canada cover the advertising side of a promotion.
What a compliant disclosure contains
A disclosure is the published rule set, not a caption on a post. It names the prize and its approximate value, the opening and closing dates, the region where entries are accepted, who may enter, and how the winner is chosen.
It states the odds when they are fixed. It says that no purchase is necessary and that buying something does not improve the chance of winning. Where the promotion is not a pure draw, it describes the skill element. It gives the promoter's legal name and a contact address. The Quebec version must be published in French.
- Prize and approximate value
- Opening and closing dates, with time zone
- Eligibility by province and age
- No-purchase statement and contact address
The document has to match what the post says. A caption that promises a different prize than the rule set is a deceptive marketing risk. Influencers who promote the giveaway need their own disclosure line, which is why influencer campaign records belong in the file before outreach starts.
Records to keep after the winner is drawn
CASL requires a record of consent for each commercial electronic message, and the CRTC enforces it. Keep the consent basis, the date and the source. Under PIPEDA, and under Quebec's Law 25, entrant data needs a lawful basis and a retention limit.
The Competition Bureau expects the promoter to show that the posted rules matched the contest that ran, so keep the version that was published rather than a later edit. Keep the entry log, the draw method and the winner notification. Quebec's regulator expects a report after the contest closes.
What happens if the rules are not followed
In Quebec, a promotion that needs permission from the Régie and does not have it can be ordered to stop. The promoter may be barred from awarding the prize. Outside Quebec, the Competition Bureau can treat a misleading contest as deceptive marketing and seek a compliance order and a corrective notice. An illegal lottery under the Criminal Code is a criminal offence. Messages sent without CASL consent carry their own penalty.
A public backlash after a botched draw is a communications problem, and a social media crisis response plan helps before the winner is named.
Where the rules differ by province
Quebec is the outlier. A contest open to Quebec residents may need permission from the Régie des alcools, des courses et des jeux before it opens, and the rule set must be in French. A report follows the close of the contest. Other provinces rely on the federal Competition Act and on general consumer protection statutes.
| Jurisdiction | Main instrument | Extra duty |
|---|---|---|
| Canada | Competition Act, Criminal Code, CASL | Clear published rules, no illegal lottery, consent for email |
| Quebec | Régie des alcools, des courses et des jeux | Permission before launch, French rules, post-contest report |
| Other provinces | Consumer protection statutes | Truthful advertising, no contest registry in most cases |
| Entrant data | PIPEDA and Quebec Law 25 | Lawful basis and a retention limit |
A purchase requirement turns a prize draw into an illegal lottery under the Criminal Code. A free entry route removes the consideration element and keeps the promotion on the right side of the line.
US sources describe a different system, and the US social media contest rules that circulate in templates do not cover the Régie or CASL.
Common questions
Do I need to register a giveaway with the Competition Bureau? No. The Bureau does not run a contest registry. Registration in Canada sits with Quebec's Régie des alcools, des courses et des jeux.
Does CASL apply to a giveaway entry? Yes, when the entry involves a commercial electronic message such as a confirmation email. Consent must be obtained and the consent record kept.
Can I copy US contest rules for a Canadian giveaway? No. The FTC guidance on influencer disclosures is written for US law, and a Canadian promotion follows the Competition Act, CASL and, in Quebec, the Régie.
What if the prize is donated by a sponsor? The promoter named in the rules still carries the duty to publish them and run the draw. The sponsor's name belongs in the rule set.
