Database

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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 Online sales and transactions  |  Indicator Ratification of the 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 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

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

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

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

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

CANADA

Since June 2019, last amended in August 2019

Pillar Domestic data policies  |  Indicator 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  |  Indicator 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  |  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

Since July 1892, enrry into force in July 1893, last amended in September 2023
Since December 1991

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Criminal Code (Code Criminel)

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.
Coverage Horizontal

CANADA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that passive sharing of infrastructure in the telecom market is not mandated, but it is practised in the fixed sector (to a lesser extent than in the mobile sector, based on commercial agreements) and in the mobile sector (based on commercial agreements and based on a regulatory mandate).
Coverage Telecommunications sector
Source
  • www.itu.int/icteye

CANADA

Since February 1979, last amended in May 2023

Pillar Telecom infrastructure & competition  |  Indicator 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  |  Indicator 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

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Saskatchewan Telecommunications 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

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