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What is a certified email? Definition and how it works
Short answer
A certified email is an email whose transmission is documented by a third party: a timestamp of the sending accurate to the second, confirmation of delivery to the recipient's server (SMTP response), a digital fingerprint (SHA-256) of the transmitted document and, where possible, detection of when it was opened. All of it is compiled into a proof report that lets you demonstrate that a specific document was sent and received, at a specific time.
How does a certified email work?
Unlike an ordinary email, where nothing is kept independently, certified sending goes through a platform that captures and retains every step of the transmission:
- The send timestamp: date, hour, minute, and second the email left.
- Delivery confirmation: the response from the recipient's email server (SMTP acknowledgement) confirming the message was delivered to the inbox.
- The document's digital fingerprint : a SHA-256 hash computed on the transmitted file, which lets you show the document hasn't been altered since it was sent.
- Open detection: when the recipient's email software allows it.
This information is assembled into a PDF proof report that you can download, keep, and produce when needed.
What is the legal framework in Québec?
In Québec, the transmission of technology-based documents is governed by the Act to establish a legal framework for information technology (LCCJTI). Two sections are particularly relevant. First, section 28 allows transmission by technological means, even where a law refers to registered mail:
“A document may be transmitted, sent or forwarded by any means appropriate to the medium, unless the exclusive use of a specific means of transmission is required by law. [...] Similarly, where the law requires the use of registered mail, the requirement may be met, in the case of a technology-based document, by means of an acknowledgement of receipt in the appropriate medium signed by the recipient, or by any other agreed method.”
: Section 28, LCCJTI (LégisQuébec)
Next, section 31 sets out how to establish the time of sending and receipt: through a transmission slip, an acknowledgement of receipt, or the information kept with the document where it guarantees the date, hour, minute, and second of transmission as well as its source and destination. This is precisely what a certified email proof report contains.
Certified email, registered mail, or bailiff: which to choose?
| Certified email | Registered mail | Bailiff | |
|---|---|---|---|
| Cost | $14.99 (Locato) | $15 to $25 | $70 to $150 |
| Delivery time | A few minutes | 5 to 10 business days | 1 to 5 business days |
| Proof produced | Timestamped report (sending, delivery, SHA-256 fingerprint) | Tracking and recipient signature | Minutes of service (authentic act) |
| Travel required | None | Post office | None |
| If the recipient refuses | Delivery to the server documented | Returned to sender after 15 days | Substituted service possible |
For a detailed comparison with case law, see our article certified email vs. registered mail.
When should you use a certified email?
Certified email is suitable any time you need to transmit an important document and be able to prove it was received: a demand letter, a notice to a tenant or a landlord, a claim to a merchant, the cancellation of a service contract. It's especially useful when timing matters: the document is received in a few minutes rather than several days.
With Locato, you upload your PDF document, enter the recipient's details, and receive your proof report: all in a few minutes, for $14.99, with no account or subscription.
Frequently asked questions
What is a certified email?
A certified email is an email accompanied by a proof report produced by a third party: a timestamp of the sending, confirmation of delivery to the recipient's server (SMTP response), a digital fingerprint (SHA-256) of the document and, where possible, detection of when it was opened. It serves to demonstrate that a document was transmitted and received.
Is certified email legal in Québec?
Yes. The LCCJTI governs the transmission of technology-based documents in Québec. Its section 28 provides that a requirement to use registered mail can be met for a technology-based document by means of an acknowledgement of receipt or another agreed method, and its section 31 lets you establish the time of sending and receipt through the information kept with the document.
How much does sending by certified email cost?
With Locato, sending a demand letter by certified email costs $14.99 per send, with no account required (landlords can also get unlimited sends with an annual plan). By comparison, registered mail costs $15 to $25 and takes several days, and service by a bailiff costs $70 to $150.