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)).

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.

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.

Canada has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Canada has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

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.

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.

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.

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”.

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.

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.

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.

Canada requires that Canadian citizens comprise at least 80% of the membership of boards of directors of facilities-based telecommunication service suppliers.

Foreign investment in Canada is primarily governed by the Investment Canada Act (ICA), which provides review procedures based on economic benefit, cultural impact, and national security. Under Part IV.1, any investment by a non-Canadian—whether to establish a new business, acquire control of an existing one, or acquire or establish an entity operating in Canada—may be reviewed if it is considered potentially injurious to national security. This applies even to small investments, as there is no monetary threshold for national security reviews. Control is typically presumed at over 50% of voting interest, but may also apply at over one-third under certain conditions.
In addition, investments that exceed established thresholds must pass a “net benefit” review, with criteria varying based on the investor’s origin (e.g. from countries with trade agreements like the U.S., EU, or Israel) and whether the investor is a state-owned or private entity. Furthermore, since March 2022, acquisitions involving Russian investors face exceptional scrutiny: they are presumed not to be of net benefit to Canada, and any direct or indirect ties to the Russian state may trigger a national security review under the ICA.

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.