CANADA
Since April 1997
Pillar Telecom infrastructure & competition |
Sub-pillar 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
CANADA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that passive sharing of infrastructure in the telecom market is not mandated, but it is practiced in the fixed sector (to a lesser extent than in the mobile sector, based on commercial agreements) and in the mobile sector (based on commercial agreements and based on a regulatory mandate).
Coverage Telecommunications sector
CANADA
Since June 1993, as amended in 2012, last amended in July 2021
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Telecommunications Act (Loi sur les télécommunications)
According to the Telecommunications Act of 1993, Canada maintains a 46.7% limit on foreign ownership of certain existing suppliers of facilities-based telecommunication services, including the cable television industry, a major competitor for Internet access services. In 2012, Canada made a small change to this regime by allowing foreign investment of more than 46.7% in suppliers with less than 10% market share, per section 16 of the Act.
Coverage Telecommunications sector
CANADA
Since February 1979
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Saskatchewan Telecommunications Act
Saskatchewan Telecommunications is the only government-owned company in the Canadian telecommunications market. The company is 100% owned and controlled by Her Majesty the Queen in the Right of the Province of Saskatchewan as per Section 5 of the Saskatchewan Telecommunications Act. According to its statutes, foreign direct investment is not allowed in this company.
Coverage Telecommunications sector
Sources
- http://laws-lois.justice.gc.ca/eng/acts/T-3.4/page-6.html#docCont
- http://www.publications.gov.sk.ca/freelaw/documents/English/Statutes/Statutes/S34.pdf
- https://www.ic.gc.ca/eic/site/smt-gst.nsf/vwapj/SaskTel-Beneficial-Ownership-August2015.PDF/$file/SaskTel-Beneficial-Ownership-August2015.PDF
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CANADA
Since August 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Canada has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CANADA
Since 1892
Since January 1994
Since January 1994
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Criminal Code
Civil Code of Quebec
Civil Code of Quebec
In Canada, there is no federal trade secrets act or equivalent statute. Trade secret law is instead based on common law, or in the case of Quebec, civil law, principles enforced in the courts through claims including torts, such as breaches of contract or confidence. There are also relevant dispositions in Canada's Criminal Code. Unlike for some other types of intellectual property, there is no formal process for protecting a trade secret. The protection of a trade secret requires the following, at a minimum: that the information has commercial value, that the information is secret, that the information has been subject to reasonable measures by the business to ensure that it remains secret.
Courts considering whether information is a trade secret, whether an action involves the misuse of a trade secret and how to compensate an owner of a trade secret for its misuse, look at factors including the following: the measures taken to maintain secrecy, the value of the information, the cost in money or time of creating or developing the information, the ease with which the information could be acquired or developed by others independently, the degree to which the owner regards and treats the information as confidential, the degree to which the recipient regards and treats the information as confidential, whether the recipient ought to have known that the information was confidential, whether misuse of the information resulted in detriment to the owner.
Courts considering whether information is a trade secret, whether an action involves the misuse of a trade secret and how to compensate an owner of a trade secret for its misuse, look at factors including the following: the measures taken to maintain secrecy, the value of the information, the cost in money or time of creating or developing the information, the ease with which the information could be acquired or developed by others independently, the degree to which the owner regards and treats the information as confidential, the degree to which the recipient regards and treats the information as confidential, whether the recipient ought to have known that the information was confidential, whether misuse of the information resulted in detriment to the owner.
Coverage Horizontal
CANADA
Last reported in February 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
There are reports that copyright is not adequately enforced online in Canada. The International Intellectual Property Alliance (IIPA) has criticized Canada for its lacking anti-piracy enforcement, mainly because it offers a home to many pirate sites. The IIPA also characterized Canada as a pro-piracy country in general because of the very high download pirated rates per capita. Moreover, the Canadian “notice and notice” system requires service providers to retain records on the identity of subscribers whose accounts have been used for unauthorized file sharing or other infringing behaviors; however, "receiving such notices lacks any meaningful consequences under the Canadian system." In addition, the rate of unlicensed software installation in the country was reportedly 22% in 2017 (above the 16% rate of North American countries), for an estimated commercial value of unlicensed software of USD 819 million.
Coverage Horizontal
CANADA
Since August 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Canada has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
CANADA
Since 1985, last amended in June 2021
Since June 2012
Since June 2012
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright Act
Copyright Modernization Act
Copyright Modernization Act
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 Modernization Act establishes exceptions to fair dealing with results 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
Since January 1990
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Canada is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CANADA
Since 1985, last amended in April 2021
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Investment Canada Act
The Investment Canada Act has regulated foreign investment in Canada since 1985. Foreign investors must notify the Canadian Government when acquiring a controlling interest in an existing Canadian business or starting a new business. Generally, investments above those thresholds are assessed based on whether they are of “net benefit” to Canada and must wait for affirmative approval before implementation. The thresholds in question vary depending on whether the investor is a state-owned enterprise or a private firm, as well as if Canada maintains a free trade agreement with the country in question, as it does with Israel, the United States, and the European Union.
Since March 2022, with respect to investments by direct or indirect Russian investors, the Minister of Industry (or the Minister of Canadian Heritage, as regards investments in Canada’s cultural sector) can find the acquisition of control of a Canadian business to be of net benefit to Canada on an exceptional basis only, under the Investment Canada Act. On the other hand, with respect to national security reviews, should it be determined that an investment, regardless of its value, has ties, direct or indirect, to an individual or entity associated with, controlled by or subject to influence by the Russian state, this would support a finding by the Minister that there are reasonable grounds to believe that the investment could be injurious to Canada’s national security as set out in Part IV.1 of the Investment Canada Act.
Since March 2022, with respect to investments by direct or indirect Russian investors, the Minister of Industry (or the Minister of Canadian Heritage, as regards investments in Canada’s cultural sector) can find the acquisition of control of a Canadian business to be of net benefit to Canada on an exceptional basis only, under the Investment Canada Act. On the other hand, with respect to national security reviews, should it be determined that an investment, regardless of its value, has ties, direct or indirect, to an individual or entity associated with, controlled by or subject to influence by the Russian state, this would support a finding by the Minister that there are reasonable grounds to believe that the investment could be injurious to Canada’s national security as set out in Part IV.1 of the Investment Canada Act.
Coverage Horizontal
CANADA
Since 1993, last amended in July 2021
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Telecommunications Act (Loi sur les télécommunications)
According to the Telecommunications Act of 1993, Canada maintains a 46.7% limit on foreign ownership of certain existing suppliers of facilities-based telecommunication services, including the cable television industry, a major competitor for Internet access services. In 2012, Canada allowed foreign investment of more than 46.7% in suppliers with less than 10% market share, per Section 16 of the Act.
Coverage Telecommunications sector
CANADA
Since 1993, last amended in July 2021
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Telecommunications Act (Loi sur les télécommunications)
Canada requires that Canadian citizens comprise at least 80% of the membership of boards of directors of facilities-based telecommunication service suppliers.
Coverage Telecommunications sector
CANADA
Since January 2022, until December 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Contracting Policy Notice 2021-6 Trade Agreements
Canada is a signatory to several international government procurement agreements that open domestic government procurement to international bidding. According to the Contracting Policy Notice 2021-6 Trade Agreements, the procurement thresholds employ a differentiation based on the procuring agency, namely Entities (departments and agencies) or 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
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 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