Database

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CANADA

Since 1993, last amended in July 2021

Pillar Foreign Direct Investment (FDI) 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)
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 1978, last amended in June 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Saskatchewan Telecommunications Act
Saskatchewan Telecommunications is the only government-owned company in the Canadian telecommunications market (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 July 2017, last amended in December 2019

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Canadian Free Trade Agreement
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 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(a)). The preference for Canadian value-added is up to 10%, that may be awarded during the evaluation of tenders for Canadian value-added (Art. 520).
Coverage Horizontal

CANADA

Since August 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Procurement Strategy for Indigenous Business
In August 2021, the Government of Canada announced that it will be implementing a mandatory requirement for federal departments and agencies to ensure a minimum of 5% of the total value of its contracts are held by Indigenous businesses. To support this mandatory target, Indigenous Services Canada (ISC) announced that it will invest CAD 35.2 million (Approx. USD 26.6 million) over five years to modernize 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

Since July 2017, last amended in December 2019

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Canadian Free Trade Agreement
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 from limiting its tendering to Canadian goods, services, or suppliers, 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)).
Coverage Horizontal

CANADA

Since March 2014, extended in May 2018, until May 2023

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Antidumping measure
In March 2014, the Canada Border Services Agency (CBSA), pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), imposed a definitive anti-dumping duty on liquid dielectric transformers having a top power handling capacity equal to or exceeding 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or unassembled, complete or incomplete (HS Code: 850490), originating in or exported from the Republic of Korea. While these products are not directly used to manufacture ICT goods, they are relevant for digital trade as they are used in data centers and telecommunications facilities where servers and digital equipment are housed, playing an important role in ensuring a stable and secure power supply for digital equipment. This measure was reviewed and extended in May 2018. The anti-dumping duty rate on imports from South Korea is 101% of the export price. In February 2023, the Canadian authorities announced the initiation of a sunset review of the definitive duty imposed on imports of the subject good from South Korea, however, the final decision is still pending.
Coverage Product: liquid dielectric transformers (HS Code: 850490)

Country: South Korea

CANADA

Since December 2021, until December 2026

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Antidumping measure
In December 2021, the Canada Border Services Agency (CBSA), pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), imposed a definitive anti-dumping duty on liquid dielectric transformers having a top power handling capacity equal to or greater than 3,000-kilovolt amperes (kVA) (3 megavolt amperes (MVA)), and less than 60,000-kilovolt amperes (kVA) (60 megavolt amperes (MVA)), and having a nominal high voltage rating of greater than 34.5 kilovolts (kV), whether assembled or unassembled, complete or incomplete (HS Code: 850490), originating in or exported from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), and the Republic of Korea. While these products are not directly used to manufacture ICT goods, they are relevant for digital trade as they are used in data centers and telecommunications facilities where servers and digital equipment are housed, playing an important role in ensuring a stable and secure power supply for digital equipment. The anti-dumping duty rate on imports from South Korea is 73.1% and the anti-dumping duty rate on imports from Taiwan is 21.3% of the export price.
Coverage Product: liquid dielectric transformers (HS Code: 850490)

Countries: South Korea, Taiwan
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ITA: [{"meta_value":"0.00"}]

CANADA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.52%
Coverage rate of zero-tariffs on ICT goods (%)
91.73%
Coverage: Digital goods

CANADA

Since March 1997
Since December 2015

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
Canada is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

PANAMA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Panama has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

PANAMA

Since October 2007
Since May 2019

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 45, which Establishes Regulation on Consumer Protection, Defense of Competition and Other Provisions (Ley No. 45 Que Establece Normas Sobre Protección al Consumidor, Defensa de la Competencia y Otras Disposiciones)

Executive Decree No. 24 by which the Law No. 51 "Of E-commerce and Technological Storage of Documents" is regulated (Decreto Ejecutivo No. 24 por el cual se reglamenta la Ley No. 51 en materia de comercio electrónico y almacenamiento tecnológico de documentos )
Law No. 45 and Executive Decree No. 24 provide a comprehensive framework for consumer protection that also applies to online transactions. Law No. 45 regulates consumer relations and specifies consumer rights, including the responsibilities of suppliers to the consumer. The Executive Decree No. 24 also provides provisions applicable to the technological storage services and commercial services through the Internet.
Coverage E-commerce sector

PANAMA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Panama has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

PANAMA

Since 2001

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Panama has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal