Database

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CANADA

Since February 1968, last amended in July 2020

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Broadcasting Act (Loi sur la radiodiffusion)
According to the Broadcasting Act, the Canadian Radio-television and Telecommunications Commission, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

CANADA

Signed in March 2018, entry into force in December 2018
Signed in October 2018, entry into force in July 2020
Signed in September 2023, entry into force in July 2024

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

United States - Mexico - Canada Agreement (USCMA)

Canada Ukraine Modernized Free Trade Agreement
Canada has joined agreements with binding commitments to open transfers of data across borders: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11), the United States - Mexico - Canada Agreement (Art. 19.11) and the Canada - Ukraine Modernized Free Trade Agreement (Art. 8.10).
Coverage Horizontal

CANADA

Since July 1983, last amended in October 2024
Since April 2000, entry into force in 2004, last amended in June 2019

Pillar Domestic data policies  |  Indicator Framework for data protection
Privacy Act (Loi sur la protection des renseignements personnels)

Personal Information Protection and Electronic Documents Act (Loi sur la protection des renseignements personnels et les documents électroniques)
Canada has a mosaic of federal laws forming its legal framework for citizens' data protection. The Privacy Act regulates how the federal government handles personal information, while the Personal Information Protection and Electronic Documents Act (PIPEDA) covers how businesses handle personal information. Other federal laws target specific information, such as the Bank Act of 1871, while provincial laws contain provisions for confidentiality tied to credit unions and credit reporting.
Coverage Horizontal

CANADA

Since June 1985, last amended in September 2024
Since September 2009, last amended in August 2022
Since December 2016, last amended in March 2025

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Investment Canada Act (Loi sur l'investissement au Canada)

National Security Review of Investments Regulations

Guidelines on the National Security Review of Investments
Pursuant to Art. 25.2 of the Investment Canada Act (ICA), where the Minister has reasonable grounds to believe that a foreign investment may be injurious to national security, a notice may be issued to the foreign investor indicating that the investment is subject to review. The Minister of Innovation, Science and Industry, in consultation with the Minister of Public Safety, is responsible for conducting the review and coordinating with relevant investigative bodies.
If investors are notified that their proposed investment is considered potentially injurious to national security, the Minister must decide within 45 days whether to refer the investment for an extended national security review. In accordance with the National Security Review of Investments Regulations, the review period for notified transactions may last up to 45 days and can be extended once for an additional 45 days, if necessary.
Following the completion of the process, and in accordance with Art. 25.4 of the ICA, the investment may be (i) prohibited, (ii) permitted subject to conditions imposed by the Governor in Council, or (iii) if already implemented, made subject to a divestiture order.
The Guideline on the National Security Review outlines factors considered in the review, including sensitive technologies, critical minerals, critical infrastructure, sensitive personal data, and investments involving state-owned or state-influenced entities. However, the authorities reportedly note that the listed factors are illustrative and not exhaustive.
Coverage Sensitive technologies, critical minerals, and critical infrastructure, among others

CANADA

Since January 1990

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Canada is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

CANADA

Since December 1985, as amended in November 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright Act (Loi sur le droit d'auteur)
Canada has a clear regime of copyright exceptions that follows fair dealing, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 29 of the Copyright Act, as amended by the Copyright Modernization Act, establishes exceptions to copyright for news reporting, criticism, or comment. An intermediary is exempt from copyright infringement if the work is used for research, private study, education, parody, or satire.
Coverage Horizontal

CANADA

Reported in 2022, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
There is ongoing concern regarding the limited effectiveness of online copyright enforcement in Canada, particularly in light of persistent and diverse forms of infringement. These include stream-ripping services that impact legitimate music streaming platforms, unauthorised subscription-based IPTV and video-on-demand (VOD) services, as well as streaming sites offering illicit access to films and television content. Infringing devices and applications—available both online and through physical retailers—continue to undermine demand for authorised digital content, including for VOD services and video games. The sale and distribution of tools intended to circumvent access controls on gaming consoles further exacerbate the issue.
In addition, certain Canadian-based service providers have been linked to upstream piracy operations, including the unauthorised redistribution of telecommunication signals to secondary piracy platforms. Although some progress has been made in addressing Canada’s prior reputation as a permissive environment for online infringement, enforcement remains limited. Insufficient resource allocation and limited strategic prioritisation by government authorities continue to pose challenges to effective copyright enforcement. Furthermore, market access barriers remain a concern for foreign content producers and distributors operating in the Canadian audiovisual sector.
Coverage Horizontal

CANADA

Since August 2014

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Canada has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

CANADA

Since August 2014

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Canada has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

CANADA

Since February 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Ban on TikTok
In February 2023, Canada banned TikTok from all government-issued mobile devices, citing an "unacceptable level of risk to privacy and security" associated with the Chinese-owned app. The decision followed a review by the Chief Information Officer of Canada and aligned with similar actions taken by the European Union and the United States. In response, TikTok expressed disappointment, stating that the ban was implemented without citing specific security concerns or consulting the company.
Coverage TikTok

CANADA

Since October 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Ban on WeChat and Kaspersky
In October 2023, the federal government of Canada, through the Chief Information Officer, imposed an immediate ban on the use of WeChat and Kaspersky products on government-issued mobile devices. WeChat, owned by China’s Tencent Holdings, and Kaspersky, a cybersecurity firm based in Russia, were deemed to pose a risk to privacy and security when used on state devices.
Coverage WeChat and Kaspersky

CANADA

Since July 2017, last amended in December 2019
Since January 2022, until December 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Canadian Free Trade Agreement

Contracting Policy Notice 2021-6 Trade Agreements
The Canadian Free Trade Agreement (CFTA) is an intergovernmental trade agreement signed by Canadian ministers representing the federal government and all 13 provinces and territories. The Agreement commits provincial, territorial and federal governments to a comprehensive set of rules. The Government Procurement Chapter allows a procuring entity to limit its tendering to Canadian goods, services, or suppliers or to accord a preference for Canadian value-added, except as otherwise required to comply with international obligations, including the WTO Government Procurement Agreement (GPA) and provided that its purpose is not to avoid competition or to discriminate against any other Party's goods, services, or suppliers (Art. 503.4(b)). The preference for Canadian value-added is up to 10%, which may be awarded during the evaluation of tenders for Canadian value-added (Art. 520).
According to the Contracting Policy Notice 2021-6 Trade Agreements, the procurement thresholds are differentiated based on the procuring agency, namely Entities (departments and agencies), Crown Corporations, and other public corporations. The thresholds for Entities (departments and agencies) range from CAD 100,000 (USD 74,450 approx.) to 238,400 (USD 177,490 approx.). The thresholds for Crown Corporations and other public companies range from 602,200 CAD (USD 448,340 approx.) to 733,600 CAD (USD 546,170 approx.). These thresholds are effective from January 2022 to December 2023.
Coverage Horizontal

CANADA

Since May 2021, as amended in August 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Directive on the Management of Procurement
According to Appendix E of the Directive on the Management of Procurement, as amended in August 2021, federal departments and agencies are required to ensure a minimum of 5% of the total value of their contracts is held by Indigenous businesses. To support this mandatory target, Indigenous Services Canada (ISC) announced that it would invest CAD 35.2 million (Approx. USD 26.6 million) over five years to modernise the Procurement Strategy for Aboriginal Business (PSAB, renamed the Procurement Strategy for Indigenous Business (PSIB)), including expanding the scope of the mandatory set-asides and broadening the definition of eligible “Indigenous business”.
Coverage Horizontal

CANADA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of coverage of CPC 754 and CPC 752 in the WTO Government Procurement Agreement (GPA)
Although Canada is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "telecommunications-related services" (CPC 754), and only one sub-sector of "telecommunications services" (CPC 752), which are both important services sectors for digital trade.
Coverage Telecommunications and telecom-related services

CANADA

Since February 1979, last amended in May 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
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

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