CANADA
Reported in 2021, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar 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).
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 |
Sub-pillar 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, as amended in March 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar 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
Sources
- https://web.archive.org/web/20250123161314/https://laws.justice.gc.ca/eng/regulations/sor-2014-58/fulltext.html
- https://web.archive.org/web/20250123161503/https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/goods_technologies-marchandises_technologies.aspx?lan...
- https://web.archive.org/web/20250123161525/https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/russia-russie.aspx?lang=eng
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CANADA
Reported in 2002, last reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar 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
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar 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 |
Sub-pillar Signature of the World Trade Organization (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
Since February 1968, last amended in July 2020
Pillar Telecom infrastructure & competition |
Sub-pillar 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
Since March 2018, entry into force in December 2018
Since November 2018, entry into force in July 2020
Since September 2023, entry into force in January 2024
Since November 2018, entry into force in July 2020
Since September 2023, entry into force in January 2024
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
United States - Mexico - Canada Agreement
Canada Ukraine Modernized Free Trade Agreement
United States - Mexico - Canada Agreement
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
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20240227125037/https://www.mfat.govt.nz/assets/Trade-agreements/TPP/Text-ENGLISH/14.-Electronic-Commerce-Chapter.pdf
- https://ustr.gov/sites/default/files/files/agreements/FTA/USMCA/Text/19-Digital-Trade.pdf
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CANADA
Since July 1983, last amended in October 2024
Since April 2000, entry into force in 2004, last amended in June 2019
Since April 2000, entry into force in 2004, last amended in June 2019
Pillar Domestic data policies |
Sub-pillar 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)
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 April 2000, entry into force in 2004, last amended in June 2019
Pillar Domestic data policies |
Sub-pillar 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 |
Sub-pillar 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 July 1892, enrry into force in July 1893, last amended in September 2023
Since December 1991
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Criminal Code (Code Criminel)
Civil Code of Quebec (Code civil du Québec)
Civil Code of Quebec (Code civil du Québec)
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 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, and that the information has been subject to reasonable measures by the business to ensure that it remains secret.
Courts considering whether the 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 the 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
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 practised 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
Source
- www.itu.int/icteye
CANADA
Since February 1979, last amended in May 2023
Pillar Telecom infrastructure & competition |
Sub-pillar 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 |
Sub-pillar 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