Is Torrenting Illegal in Canada? All About Canada’s Torrenting Laws

Torrenting is a fast, easy, and inexpensive way to share and download large files, and it’s perfectly legal as long as you aren’t violating any copyright laws.

Even if you stick with legal torrents, there are risks involved. Any time you use public trackers, you’re downloading files from strangers who may be using BitTorrent traffic to spread malicious software. It’s also possible, with so much content out there, to accidentally torrent copyrighted materials without meaning to.

That is why it’s important to do all you can to stay safe while torrenting in Canada, and the best way to do that is with a virtual private network (VPN).

Key takeaways

1. Torrenting is legal in Canada, but torrenting copyrighted files is against the law.
2. Internet piracy could incur significant fines.
3. Engaging in legal torrents incurs risk, as public torrent sites are often used to distribute malware.
4. Using a quality VPN, like ExpressVPN, is essential for safe torrenting.

Torrenting and the law: Is It illegal to torrent?

There is nothing in Canadian law that says it is illegal to torrent, it’s what you torrent that could get you into trouble. While there is a large amount of content that is open to the public domain you can legally torrent, downloading copyrighted material is against the law.

In Canada, uploading or seeding files that are copyrighted could lead to warnings or fines. Keep in mind that the way sites like BitTorrent work, all peers are seeding simultaneously, so even if you think you are just on there for downloading torrents, you could get penalized for seeding.

Torrenting in Canada: Understanding copyright laws and penalties

Canadian copyright law is based on the Copyright Modernization Act, which protects copyright holders from online piracy.

As part of the Copyright Modernization Act, Internet Service Providers (ISPs) are required to notify users of any alleged infringement of copyright laws and to maintain a record of all copyright notices sent. The notice regime does not include any obligation upon the recipient of the notice.

On your first offense, you’ll most likely get a warning. Repeat offenders caught downloading or sharing copyrighted files for personal use could incur fines between $100 and $5,000 per lawsuit.

If you are torrenting illegally for profit, fees range between $500 and $20,000 per infringement or, in rare circumstances, criminal penalties.

Under this act, you are also protected by the following legal rights:

• Format shifting and personal use. You can make copies of legally obtained media for personal use in another format (ex., transferring a CD to a smartphone).
• Time-shifting. You can record TV shows, movies, or other broadcasts for personal viewing at a later time. The recording can not be distributed or kept permanently.
• Backup copies. You can make backup copies of legally owned content to protect against loss or damage.
• Education and fair dealing. You can use copyrighted content for education, parody, and satire with certain restrictions.
• Digital locks. It is illegal to circumvent digital locks (DRM) on copyrighted content, even for personal use.
• User-generated content. You can create non-commercial user-generated content (e.g., fan videos or mashups) as long as the original work is legally acquired and it doesn’t hurt the original’s market.

How are torrents monitored in Canada?

Most torrent monitoring is done by law firms or SaaS tools and is directed at specific torrent swarms of copyrighted torrent files.

Since your IP address is made public while torrenting, all they have to do is gather the list of peers sharing a file and use geo-location of those IP addresses to send their information to their respective countries where they will be subject to legal action under the laws of their home country.

Canada has a notice and notice regime designed to raise awareness of infringements and requires ISPs to notify users of any violations.

Illegal torrents will most likely only lead to a warning, though you may receive a settlement demand from the copyright owner or their representative. Keep in mind that your name will remain private unless they sue for your identity.

Pros of torrenting and P2P sharing 

Torrenting comes with risks, including accidental copyright infringement and downloading files with malicious software. Despite that, here’s why so many people turn to torrent sites for downloading large files.

• Low cost. Downloading torrents is a cheap way to transfer files. There are no cloud storage fees or file-sharing fees.
• Good speed. Torrenting is one of the fastest and most efficient ways to download files.
• Decentralized sharing. Since your data comes from multiple seeders, there’s always someone to fill in the gap if one source becomes unavailable.
• Efficient transfer. Torrenting involves a simpler transfer process making it easier and more efficient to share large files.
• Quick recovery. If your internet connection drops while you’re in the middle of downloading a file, you won’t lose any of your already downloaded data, and you can easily pick up where you left off.

Safe torrenting habits: How to protect your identity and data

Use a VPN

A high-quality VPN service will mask your real IP address and send all of your data through an encrypted tunnel so your identity and torrenting activities will remain completely private. That way if you accidentally download pirated content, you’ll be safe from fines or legal action.

Use an antivirus

Downloading files from strangers is always risky. Even the most reputable torrent sites have had issues with malicious software being spread through P2P file sharing, including Stalkerware, Keyloggers, Crypto miners, Trojans, and Ransomware.

A reputable, real-time antivirus will help keep you safe from any bad actors trying to spread malicious content.

User a private tracker

Private trackers can be hard to find, but if you do, they are a much safer forum for peer-to-peer file sharing than your typical public tracker.

A private tracker is a vetted group of peers with common interests who share files that are specialized, curated, and safe. They offer faster, safer downloads for their community members. They also come with required share rations, quotas, and a code of conduct.

3 best VPNs for torrenting in Canada

Here are my top 3 picks for the best VPNs for torrenting in Canada. Each comes with robust security features, strong privacy protection, user-friendly apps, and excellent speeds to help you torrent safely and efficiently.

1. ExpressVPN

My favorite VPN for torrenting in Canada is ExpressVPN. Its powerful security features, fast speeds, and user-friendly interface are second to none!

Features: ExpressVPN packs in the best security and usability features, including an ad blocker, a tracker blocker, malware protection, port forwarding, a password manager, and split tunneling. With a network of 3,000+ servers in 100 countries, finding a fast server nearby is never an issue.

Speed: Torrenting with ExpressVPN is incredibly fast. I retained 96% of my baseline download speed on local servers during tests, which made downloading large files quick and seamless.

Privacy and Security: ExpressVPN uses AES 256-bit encryption, RAM-only servers, and a strict no-logs policy. Its Kill Switch, leak protection, and selection of secure tunneling protocols add extra layers of security, ensuring your data stays private at all times.

Performance: Beyond torrenting, ExpressVPN provides smooth performance for browsing, gaming, and streaming without any interruptions.

Streaming: You can easily bypass geo-blocks to access global streaming content from Netflix, Hulu, HBO Max, Amazon Prime Video, and more so you can enjoy great films without torrenting illegally.

Compatibility: ExpressVPN supports up to 8 simultaneous connections across Android, iOS, Linux, Windows, and macOS devices with its easy-to-use apps.

Pricing: Plans start at $6.67/month for a 12-month subscription, including 3 free months, 24/7 customer support, and a 30-day money-back guarantee.

2. NordVPN

NordVPN offers excellent speed, strong security, and an impressive range of features, all at a reasonable cost, making it a great value choice for torrenting in Canada.

Features: NordVPN comes with advanced extras like Threat Protection Pro, Dark Web Monitor, and dedicated IP addresses to keep torrent users safe. Its extensive network of 7,100+ servers in 118 countries makes it easy to find a fast and stable connection for torrenting.

Speed: With 97% of the baseline download speed retained during testing on local servers, NordVPN is more than capable of handling large torrent files.

Privacy and Security: Military-grade encryption, a no-logs policy, RAM-only servers, a Kill Switch, and leak protection work together to keep your identity and your torrenting activities private and secure.

Performance: NordVPN supports seamless torrenting, streaming, browsing, and gaming with its fast and stable connections.

Streaming: NordVPN lets you access geo-restricted content from platforms like Netflix, Hulu, Amazon Prime Video, and more, so you can enjoy watching lots of great movies and TV titles with no risks involved!

Compatibility: NordVPN is not only easy to use, but it works across all major platforms, including Android, iOS, Linux, Windows, and macOS. You can connect up to 10 devices simultaneously.

Pricing: Plans start at $3.39/month for a 2-year subscription with 4 months free, 24/7 live chat support, plus a 30-day money-back guarantee.

3. Surfshark

Surfshark is my top pick for a budget-friendly VPN that doesn’t compromise on safety or features. It’s perfect for torrenting in Canada and offers unlimited device connections, making it a great option for large households looking to save some cash.

Features: Surfshark delivers premium features at an affordable price, including ad-blocking, malware protection, split tunneling, dedicated IP addresses, and lots more. Its network of 3,200+ servers in 100 countries ensures reliable connections just about anywhere.

Speed: While Surfshark isn’t as fast as ExpressVPN or NordVPN, it retained 83% of my baseline speed during testing, which is still fast enough for large torrent files.

Privacy and Security: Surfshark uses AES 256-bit encryption, a verified no-logs policy, RAM-only servers, leak protection, and a Kill Switch to keep your data safe while torrenting.

Performance: Surfshark supports secure torrenting, smooth browsing, lag-free gaming, and uninterrupted streaming.

Streaming: With Surfshark, you can unblock major streaming platforms like Netflix, Hulu, HBO Max, Amazon Prime Video, and more so you can enjoy great movies without completing a single illegal download.

Compatibility: This low-cost VPN allows unlimited device connections, and its intuitive apps are available for Android, iOS, Linux, Windows, and macOS.

Pricing: Plans start at just $1.99/month, making Surfshark the most affordable VPN on my list. Subscriptions include 4 months of free, 24/7 support, and a 30-day money-back guarantee.

FAQ

Is torrenting legal in Canada?

Yes. Torrenting is legal in Canada as long as you don’t violate the Copyright Modernization Act, which protects copyright holders from copyright infringement.

Can you be fined for torrenting in Canada?

Yes. While non-commercial infringement will most likely lead to a warning, you could get fined between $100-$5,000 for seeding copyrighted material.

Online piracy for profit could incur statutory damages between $ 500 and $20,000 for each infringement.

Torrenting illegal material is not a criminal offense in Canada and will not lead to jail time, but it is a civil offense, and you can get sued for online piracy in civil court.

Is it illegal to download books in Canada?

No. Similar to torrenting movies, as long as there is no copyright infringement it is legal to download books in Canada.

Is pirating a crime in Canada?

Yes. According to the Copyright Modernization Act, piracy is a crime in Canada.

Conclusion

While it’s not illegal to torrent in Canada, it’s also not risk-free.

You can protect yourself from malicious software or fines from accidental copyright infringement just by using a virtual private network to secure your Internet connection.

I recommend ExpressVPN as the best VPN for safe torrenting in Canada. It’s fast, secure, private, and user-friendly. Try it out risk-free. If you don’t like it just cancel within the first 30 days and you’ll get a full refund!