Thank you for the question.
Just to clarify whether it's explicit or implied consent, both need to be informed. In terms of PIPEDA, the validity of consent depends on it being of an informed nature.
In terms of distinguishing what form of consent is appropriate in different circumstances, whether it should be explicit or implied, in our guidance over the years, we have said that it will depend on the sensitivity of the information and the reasonable expectations of the individual. These factors will help inform whether the consent should be made explicit or whether implied consent would be acceptable in appropriate circumstances.
These factors were recently confirmed in a Supreme Court decision called Royal Bank of Canada versus Trang. In there, they confirmed those general conditions and set out a very helpful analytical framework for distinguishing situations in which explicit or implied consent would be appropriate in the circumstances.