Database

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CANADA

Reported in 2021, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Policies of the Canadian Radio-Television and Telecommunications Commission (CRTC), including the Wholescale Code
It has been reported that the Canadian Radio-Television and Telecommunications Commission (CRTC) imposes quotas that determine both the minimum Canadian programming expenditure (CPE) and the minimum amount of Canadian programming that licensed Canadian broadcasters must carry (Exhibition Quota). Regarding the latter, the current primetime (6-11pm) Exhibition Quota rests at 50% Canadian content.
For cable television and direct-to-home broadcast services, more than 50% of the channels received by subscribers must be Canadian channels. Non-Canadian channels must be pre-approved (“listed”) by the Canadian Radio-Television and Telecommunications Commission (CRTC). Upon an appeal from a Canadian licensee, the CRTC may determine that a non-Canadian channel competes with a Canadian pay or specialty service, in which case the CRTC may either remove the non-Canadian channel from the list (thereby revoking approval to supply the service) or shift the channel into a less competitive location on the channel dial. Alternatively, non-Canadian channels can become Canadian by ceding majority equity control to a Canadian partner, as some U.S. channels have done.
The CRTC also requires that 35% of popular musical selections broadcast on the radio qualify as “Canadian” under a Canadian Government-determined point system.
The CRTC’s Wholesale Code entered into force in January 2016 and governs certain commercial arrangements between distributors (e.g., cable companies) and programmers (e.g., channel owners). The Code is binding for vertically integrated suppliers in Canada (i.e., suppliers that own infrastructure and programming) and applies as guidelines to foreign programming suppliers (who by definition cannot be vertically integrated, as foreign suppliers are prohibited from owning video distribution infrastructure in Canada).
Coverage Radio and television sectors

CANADA

Since November 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Order Issuing Directions to the CRTC (Sustainable and Equitable Broadcasting Regulatory Framework)
In April 2023, the Canadian Government passed the Online Streaming Act, directing the Canadian Radio-television and Telecommunications Commission (CRTC) to develop a new framework for financial contributions and obligations on streaming platforms to support and promote Canadian programming. Under Section 4 of the Order Issuing Directions to the CRTC (Sustainable and Equitable Broadcasting Regulatory Framework), the CRTC must enforce requirements ensuring the Canadian broadcasting system robustly supports a diverse range of Canadian programming and creators. These directions mandate that both financial and non-financial obligations be fair, considering the size and nature of each undertaking and balanced between online foreign platforms and Canadian broadcasters. However, it is reported that the specific requirements to support the production of Canadian content are to be determined by the CRTC, which has been conducting several rounds of consultations with stakeholders, including foreign streamers and Canadian broadcasters.
Coverage Broadcasting services

CANADA

Since March 2014, last amended in December 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Special Economic Measures (Russia) Regulations (SOR/2014-58)
Section 3.06 of the Special Economic Measures (Russia) Regulations prohibits the export of certain goods and technologies to Russia, as specified in the Restricted Goods and Technologies List. This list encompasses a wide array of items, including electronics, computing, telecommunications, sensors, and lasers.
Coverage Exports to Russia of certain goods and technologies related to electronics, computing, and telecommunications

CANADA

Since September 2020, last amended in January 2025

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Special Economic Measures (Belarus) Regulations (SOR/2020-214)
Section 3.6 of the Special Economic Measures (Belarus) Regulations prohibits the export of certain goods and technologies to Belarus, as specified in the Restricted Goods and Technologies List and Schedule 3 of the Regulations. These lists encompass a wide array of items, including electronics, computing, telecommunications, sensors, and lasers.
Coverage Exports to Belarus of certain goods and technologies related to electronics, computing, and telecommunications

CANADA

Reported in 2002, last reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is permitted for radio transmission, electromagnetic interference (EMI), and electromagnetic compatibility (EMC). Foreign companies are authorised to self-certify compliance with these standards through a Supplier Declaration of Conformity (SDoC). The registration of the equipment with the regulatory authority is not required, nor is testing by an accredited laboratory mandatory. In cases where testing is conducted, the selection of the testing laboratory is at the discretion of the supplier or manufacturer.
Coverage Electronic products

CANADA

Since April 2000, entry into force in 2004, last amended in June 2019

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Information Protection and Electronic Documents Act (Loi sur la protection des renseignements personnels et les documents électroniques)
Under the Accountability Principle, set out in section 4.1 of Schedule 1 of the Personal Information Protection and Electronic Documents Act, organisations are required to appoint an individual or individuals responsible for ensuring compliance with privacy regulations.
Coverage Horizontal

CANADA

Since June 2019, last amended in August 2019

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Communications Security Establishment Act
Canada's signal intelligence agency, the Communications Security Establishment (CSE), does not have explicit powers to demand disclosure of personal information under the Communications Security Establishment Act. However, the Minister of National Defence can issue an authorisation to the CSE permitting it to "gain access to a portion of the global information infrastructure" to carry out any activity authorised in the furtherance of the active cyber operations aspect of its mandate (Sections 30 and 31). This authorisation could include a demand for access to personal information held by an organisation. Authorisations are time-limited, must have the consent of the Minister of Foreign Affairs, and must be based on reasonable grounds to believe that the objective of the cyber operation could not be reasonably achieved by other means (Sections 33(4) and 34(4)).
Coverage Horizontal

CANADA

Since December 1985

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Copyright Act (Loi sur le droit d'auteur)
The Copyright Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Section 31.1(1), internet service providers (ISPs), provided that they are content-neutral, cannot be held liable for providing any means for Internet access.
Coverage Internet intermediaries

CANADA

Since July 1892, entry into force in July 1893, last amended in September 2024
Since December 1991

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Criminal Code (Code Criminel)

Civil Code of Quebec (Code civil du Québec)
In Canada, trade secret protection can be enforced through civil litigation, criminal prosecution, or both. Civil remedies are handled at the provincial level, based on common law (or civil law in Québec), and may involve claims such as breach of contract, misappropriation, or breach of confidence. In criminal cases, prosecution is determined by the Crown following police investigation. At the federal level, certain forms of undisclosed information are protected by laws such as the Security of Information Act and the Personal Information and Protection of Electronic Documents Act. In 2020, Canada amended its Criminal Code to explicitly criminalise trade secret theft through deceit or fraudulent means.
When courts assess whether information qualifies as a trade secret or whether it has been misused, they consider several factors, such as: how well the information was kept secret, its economic value, how much time or money it took to create, how easily others could develop it independently, and whether both the owner and the recipient treated it as confidential. Courts also look at whether the recipient should have known it was confidential and whether the misuse caused harm to the owner.
Coverage Horizontal

CANADA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Canada to deliver telecom services to end users. However, passive infrastructure sharing is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

CANADA

Since February 1979, last amended in May 2023

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Saskatchewan Telecommunications Act
Saskatchewan Telecommunications is the only government-owned company in the Canadian telecommunications market and it is owned by the province of the same name. According to its statutes, foreign direct investment is not allowed in this company.
Coverage Saskatchewan Telecommunications

CANADA

Since June 1993, last amended in June 2024

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Telecommunications Act (Loi sur les télécommunications)
Telecommunication carriers, including internet service providers that own and operate transmission facilities, are subject to foreign investment restrictions if they hold a 10% or greater share of total Canadian communication annual market revenues, as mandated by the Telecommunications Act. According to Art. 16 of the Act, a Canadian carrier is eligible to operate as a telecommunications common carrier if it is incorporated, organised, or continued under Canadian or provincial laws and is Canadian-owned and controlled, operates only a specified transmission facility, or generates less than 10% of its annual revenue from telecommunications services in Canada. To qualify as Canadian-owned and controlled, Canadians must own at least 80% of the voting interests, and the entity must not be controlled by non-Canadians.
Coverage Telecommunications sector

CANADA

Since February 1979, last amended in May 2023
Since June 1999

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Saskatchewan Telecommunications Act

Saskatchewan Telecommunications Holding Corporation Act
The Saskatchewan Telecommunications Holding Corporation, commonly known as SaskTel, is a Canadian Crown corporation based in Saskatchewan. Owned by the provincial government, SaskTel offers a range of telecommunications services, including wireline and wireless communications. Its services encompass landline telephone, mobile networks, broadband internet (such as copper DSL, fibre to the home, and wireless broadband), IPTV, and security solutions.
Coverage Telecommunications sector

CANADA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Canada does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

CANADA

Since April 1997

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Canada has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

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