Certified email vs. registered mail

Registered mail: the traditional option

Registered mail with acknowledgement of receipt from Canada Post is the classic way to send a demand letter (mise en demeure) in Quebec. The process is simple: you go to the post office, mail your letter as registered, and receive a tracking number that lets you check delivery online.

The cost of a registered mailing ranges from $15 to $25 depending on weight and destination. Delivery generally takes 5 to 10 business days within Quebec. The acknowledgement of receipt gives you proof that the recipient did receive the mail, with their signature and the date of receipt.

This method does have drawbacks, though. The recipient can refuse to sign the acknowledgement of receipt or be absent when delivery is attempted. In that case, a delivery notice is left, and the mail is held at the post office for 15 days before being returned to the sender. The delay between sending and confirmed receipt can therefore stretch out considerably.

Certified email: the modern option

Certified email is an electronic sending method that generates legal proof of the transmission and receipt of a document. Unlike an ordinary email, a certified email goes through a platform that timestamps the sending, confirms delivery to the recipient's inbox, and produces a timestamped proof report.

In Quebec, the legal framework for certified email is set out in section 31 of the Act to establish a legal framework for information technology (LCCJTI). This act recognizes that a technology-based document can have the same legal value as a paper document, provided its integrity is ensured.

Sending is almost instant: your demand letter is received within minutes rather than days. The timestamped proof report includes the exact time of sending, confirmation of delivery, and the recipient's identity. This report is stored securely and can be presented as evidence before the TAL or any other tribunal.

Detailed comparison

In terms of cost, certified email is generally cheaper than registered mail. A certified email costs between $5 and $15 depending on the platform, versus $15 to $25 for registered mail. The gap widens if you have to send several documents or make several attempts.

Speed is the most striking advantage of certified email. Where registered mail takes 5 to 10 business days, certified email arrives within minutes. This speed is especially valuable when you have to meet a tight legal deadline, such as the one-month window to refuse a rent increase.

The quality of the proof is comparable in both cases, with a slight edge to certified email for the precision of the timestamp. Registered mail offers a physical signature from the recipient, while certified email offers timestamped electronic confirmation of delivery.

In terms of convenience, certified email wins clearly: no trip to the post office, no printing needed, sending possible around the clock, and automatic storage of the proof in digital form.

What does the case law say?

The LCCJTI, adopted in 2001, laid the legal groundwork for technology-based documents to be treated on an equal footing with paper documents. Section 5 of this act states that a document's legal value cannot be refused for the sole reason that it is technology-based. Section 31 provides that a document is presumed received when it becomes accessible at the address the recipient indicates for receiving documents.

There is, however, not yet abundant case law at the TAL on certified email specifically. The admissibility of the evidence is assessed case by case by the administrative judge. A complete proof report (timestamp, SMTP confirmation) strengthens the credibility of your sending.

It is nonetheless recommended that you carefully keep all the timestamped proof reports generated by the certified email platform. If the matter is contested, you'll need to be able to present this report to the tribunal to demonstrate that your demand letter was indeed received by the recipient.

The question of consent

A point that often comes up is the recipient's consent to receive documents electronically. For a demand letter, the answer is nuanced. The LCCJTI provides that consent to receive a technology-based document can be implied in certain circumstances, notably when the parties usually communicate by email.

If you have already exchanged emails with your landlord: about repair requests, questions on the lease, or any other subject: that can amount to implied consent to electronic communication. Keep a record of those earlier exchanges to strengthen your argument.

When in doubt, a prudent strategy is to send your demand letter both by certified email and by registered mail. The certified email ensures speed and establishes the date of sending, while registered mail removes any question about electronic consent. The additional cost is modest compared with the strength of the proof obtained.

Our recommendation

For most situations, certified email is the best choice for sending a demand letter to your landlord. It combines speed, a reasonable cost, solid legal proof, and convenience. That's especially true when time is short: for example, to meet the one-month deadline to contest a rent increase.

If you're facing a particularly stubborn landlord or the financial stakes are high, the double send (certified email plus registered mail) is the safest strategy. For situations involving very large amounts or complex disputes, service by a bailiff remains the most legally airtight option.

Locato lets you draft your demand letter in just a few minutes and send it directly by certified email, with a timestamped proof report. It's the simplest way to send a formal demand letter. Get started now with our demand letter generator.