Database

Browse Database

CANADA

N/A

Pillar Online sales and transactions  |  Indicator 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

Since November 2000

Pillar Online sales and transactions  |  Indicator 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

CANADA

Since 2000

Pillar Online sales and transactions  |  Indicator 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

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Competition Act (R.S.C., 1985, c. C-34)

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 Intermediary liability  |  Indicator 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

Reported in 2021, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator 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).
Coverage Radio and television sectors

CANADA

Since November 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator 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, last amended in December 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator 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

CANADA

Since September 2020, last amended in January 2025

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Special Economic Measures (Belarus) Regulations (SOR/2020-214)
Section 3.6 of the Special Economic Measures (Belarus) Regulations prohibits the export of certain goods and technologies to Belarus, as specified in the Restricted Goods and Technologies List and Schedule 3 of the Regulations. These lists encompass a wide array of items, including electronics, computing, telecommunications, sensors, and lasers.
Coverage Exports to Belarus of certain goods and technologies related to electronics, computing, and telecommunications

CANADA

Reported in 2002, last reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Indicator 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 April 1997

Pillar Telecom infrastructure & competition  |  Indicator Signature of the 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  |  Indicator 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

Signed in March 2018, entry into force in December 2018
Signed in October 2018, entry into force in July 2020
Signed in September 2023, entry into force in July 2024

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

United States - Mexico - Canada Agreement (USCMA)

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

CANADA

Since July 1983, last amended in October 2024
Since April 2000, entry into force in 2004, last amended in June 2019

Pillar Domestic data policies  |  Indicator 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)
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  |  Indicator 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

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