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
CANADA
Since February 1979, last amended in May 2023
Since June 1999
Since June 1999
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Saskatchewan Telecommunications Act
Saskatchewan Telecommunications Holding Corporation Act
Saskatchewan Telecommunications Holding Corporation Act
The Saskatchewan Telecommunications Holding Corporation, commonly known as SaskTel, is a Canadian Crown corporation based in Saskatchewan. Owned by the provincial government, SaskTel offers a range of telecommunications services, including wireline and wireless communications. Its services encompass landline telephone, mobile networks, broadband internet (such as copper DSL, fibre to the home, and wireless broadband), IPTV, and security solutions.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20091123143646/https://www.canlii.org/en/sk/laws/stat/rss-1978-c-s-34/latest/rss-1978-c-s-34.html
- https://web.archive.org/web/20241128165822/https://pubsaskdev.blob.core.windows.net/pubsask-prod/1369/S34-1.pdf
- https://web.archive.org/web/20241128165859/https://ised-isde.canada.ca/site/gestion-spectre-telecommunications/sites/default/files/attachments/2022/SaskTel-Beneficial-Ownership-August2015.PDF
- https://pubsaskdev.blob.core.windows.net/pubsask-prod/1369/S34-1.pdf
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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 December 1985, as amended in June 2012
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright Act (Loi sur le droit d'auteur)
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.
Coverage Horizontal
CANADA
Reported in 2022, last reported in 2023
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 criticised Canada for its lack of anti-piracy enforcement, mainly because it offers a home to many pirate sites. The IIPA also characterised 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 unauthorised file sharing or other infringing behaviours; however, "receiving such notices lacks any meaningful consequences under the Canadian system."
Coverage Horizontal
Sources
- https://web.archive.org/web/20231110151704/https://www.iipa.org/files/uploads/2023/01/2023SPECIAL301FILING_WEBSITE-1.pdf
- https://web.archive.org/web/20241128165441/https://www.iipa.org/files/uploads/2022/02/2022_Canada-1.pdf
- https://web.archive.org/web/20231206061701/https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
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CANADA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.42%
Coverage rate of zero-tariffs on ICT goods (%)
92.16%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- 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
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