CENTRAL AFRICAN REPUBLIC
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Central Africa Republic is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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CANADA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Canada 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
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
Since November 2000
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Memorandum D8-2-2, Postal Imports Remission Order
According to the Postal Imports Remission Order, the importation of goods whose total value does not exceed the threshold of CAN 20 (approx. USD 15), with the exception of tobacco, books, periodicals, magazines, and alcoholic beverages, are exempt from import duties. This threshold is lower than the USD 200 threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240119140310/https://www.cbsa-asfc.gc.ca/publications/dm-md/d8/d8-2-2-eng.pdf
- https://web.archive.org/web/20231026234548/https://www.cbsa-asfc.gc.ca/import/courier/menu-eng.html
- https://web.archive.org/web/20220901044141/https://global-express.org/assets/files/Customs%20Committee/de-minimis/GEA%20overview%20on%20de%20minimis_28%20March%202018.pdf
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CANADA
Since 2000
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Canadian Presence Requirements for Registrants
Parties wishing to obtain a ".ca" domain name need to satisfy the Canadian Internet Registration Authority's Canadian Presence Requirements, which reserves ".ca" domain names for Canadian citizens, permanent residents, companies incorporated in a Canadian jurisdiction, partnerships registered in Canada, and entities with Canadian trademarks. Domain names can be licensed to the registrant either through a stand-alone licence agreement or as part of a larger transaction.
Coverage Horizontal
CANADA
Since December 2002, last amended in December 2023
Since December 2015, last amended in April 2023
Since December 2015, last amended in April 2023
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Competition Act (R.S.C., 1985, c. C-34)
Anti-Spam Law
Anti-Spam Law
The law Competition Act (R.S.C., 1985, c. C-34) and the Anti-Spam Law provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
CANADA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Canada has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CANADA
Since 2019
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Canada 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
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 December 1985
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Copyright Act (Loi sur le droit d'auteur)
The Copyright Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Section 31.1(1), internet service providers (ISPs), provided that they are content-neutral, cannot be held liable for providing any means for Internet access.
Coverage Internet intermediaries
CANADA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Canada's law and jurisprudence.
Coverage Internet intermediaries
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