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CANADA

Since October 2013

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Countervailing measure

Antidumping measure
In April 2013, the Canada Border Services Agency (CBSA) initiated an investigation into China's dumping and countervailing measures for silicon metal. The investigation focused on silicon metal containing at least 96.% but less than 99.99% silicon by weight and silicon metal containing between 89% and 96% silicon by weight with an aluminium content greater than 0.20% by weight across all forms and sizes (HS Code: 28046990). This product is essential in the production of semiconductors, which are crucial components in various ICT devices due to silicon's ideal properties for creating integrated circuits used in computers, smartphones, and other electronics.
In October 2013, under subsection 41.1 of the Special Import Measures Act, the CBSA made final determinations of dumping and subsidising concerning the subject goods from China. For imports of subject goods from China without specific normal values issued to the exporter, the anti-dumping duty is 235% of the export price. For imports from China without specific subsidy amounts issued to the exporter, the countervailing duty is 1,945 CNY (approx. 267 USD) per metric tonne. Additionally, in March 2019, the CBSA concluded that the expiration of the finding by the Canadian International Trade Tribunal in November 2013 (Inquiry No. NQ-2013-003) would likely result in the continuation or resumption of dumping and subsidising of certain silicon metals from China. However, the final decision is still pending.
Coverage Product: silicon metal (HS Code: 28046990)

Country: China

CANADA

Since July 2017, last amended in December 2019
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
Canadian Free Trade Agreement

Contracting Policy Notice 2021-6 Trade Agreements
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.
Coverage Horizontal

CANADA

Since May 2021, as amended in August 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Directive on the Management of Procurement
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”.
Coverage Horizontal

CANADA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
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 February 1979, last amended in May 2023

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 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 Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
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 June 1993, last amended in June 2024

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 June 1985, last amended in September 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Investment Canada Act (Loi sur l'investissement au Canada)
The review of foreign investments in Canada is primarily governed by the Investment Canada Act (ICA), which outlines the procedures for three types of review: economic, cultural, and national security. Under the ICA, foreign investors are required to notify the Canadian government when acquiring a controlling interest in an existing Canadian business or when establishing a new one. Generally, control is defined as acquiring more than 50% of the equity or voting interests of an entity, though in some cases, acquiring more than one-third of the voting interests in a corporation is also considered an acquisition of control.
Investments exceeding these thresholds are typically evaluated on whether they provide a “net benefit” to Canada and must receive affirmative approval before proceeding. The thresholds for this assessment vary depending on whether the investor is a state-owned enterprise or a private entity and on whether Canada has a free trade agreement with the investor’s country, as it does with Israel, the United States, and the European Union. Importantly, the national security provisions of the ICA do not have monetary thresholds; any investment, regardless of its size, may be subject to a national security review.
Since March 2022, with respect to investments by direct or indirect Russian investors, the Minister of Industry (or the Minister of Canadian Heritage, as regards investments in Canada’s cultural sector) can find the acquisition of control of a Canadian business to be of net benefit to Canada on an exceptional basis only, under the Investment Canada Act. On the other hand, with respect to national security reviews, should it be determined that an investment, regardless of its value, has ties, direct or indirect, to an individual or entity associated with, controlled by or subject to influence by the Russian state, this would support a finding by the Minister that there are reasonable grounds to believe that the investment could be injurious to Canada’s national security as set out in Part IV.1 of the Investment Canada Act.
Coverage Horizontal

CANADA

Since January 1990

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Canada is a party to the Patent Cooperation Treaty (PCT).
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
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ITA: [{"meta_value":"0.00"}]

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

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

CAMEROON

Since December 2018, entry into force in March 2019
Since June 2019

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on Foreign Exchange Regulations in CEMAC (Règlement No. 02/18/CEMAC/UMAC/CM du 21 Décembre 2018 Portant Réglementation des Changes dans la CEMAC)

Instruction No. 8/GR/2019 on the Conditions and Modalities for Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 Relative aux Conditions et Modalités d'Utilisation à l'Extérieur de la CEMAC des Instruments de Paiement Électronique)
According to the Instruction No. 8/GR/2019 issued by the Governor of the Bank of Central African States to facilitate the interpretation and implementation of the Economic and Monetary Community of Central Africa (CEMAC) Regulation 02/18/CEMAC/UMAC/CM, there is a limit of 1 million XAF (approx. USD 1,700) per month and per person for the remote settlement of transactions, including online payments. According to Arts. 7-8, justification needs to be provided above this limit. The Instruction provides guidance on the provision of Art. 34 of the Regulation, which implements certain limits for using electronic payment instruments outside the CEMAC and applies to the six CEMAC member states, including Cameroon.
Coverage Electronic payment instruments

CAMEROON

Reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is KAF 70000 (approx. USD 110), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

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