CANADA
Last reported in 2021
Pillar Quantitative trade restrictions for ICT goods, products 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 percent 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 percent 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 percent 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 1991, last amended in July 2020
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Broadcasting Act
As has been reported, the federal Broadcasting Act provides that broadcasting licences may not be issued to non-Canadians or to companies that are effectively owned or controlled, directly or indirectly, by non-Canadians. It is not clear if this applies to online companies.
Coverage Broadcasting licenses
CANADA
Since June 2012, last updated in March 2020
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Copyright Modernization Act
The Copyright Modernization Act establishes a safe harbour regime beyond 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
Since 2004, last updated in December 2021
Pillar Domestic Data policies |
Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Personal Information Protection and Electronic Documents Act
An organisation must make publicly available the name (or title) and the address of the person who is accountable for the organisation’s privacy policies and practices and to whom complaints or inquiries can be forwarded, based upon the Personal Information Protection and Electronic Documents Act (PIPEDA).
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 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 June 2012, last updated in March 2020
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Copyright Modernization Act
The Copyright Modernization 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
In force since 2018
In force since 2020
In force since 2020
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
United States - Mexico - Canada 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), and the United States - Mexico - Canada Agreement (Art. 19.11).
Coverage Horizontal
Sources
- https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Dataset_Burri_Vasquez_Polanco_June_2022.xlsx
- 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 1983
Since 2000
Since 2000
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Privacy Act
Personal Information Protection and Electronic Documents Act
Personal Information Protection and Electronic Documents Act
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 the confidentiality tied to credit unions and credit reporting.
Coverage Horizontal
CANADA
Since February 1968, last amended in April 2023
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Broadcasting Act
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
N/A
Pillar Telecom infrastructure and 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 and competition |
Sub-pillar 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
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar 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 practiced 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
CANADA
Since June 1993, as amended in 2012, last amended in July 2021
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Telecommunications Act (Loi sur les télécommunications)
According to the Telecommunications Act of 1993, Canada maintains a 46.7% limit on foreign ownership of certain existing suppliers of facilities-based telecommunication services, including the cable television industry, a major competitor for Internet access services. In 2012, Canada made a small change to this regime by allowing foreign investment of more than 46.7% in suppliers with less than 10% market share, per section 16 of the Act.
Coverage Telecommunications sector
CANADA
Since February 1979
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Saskatchewan Telecommunications Act
Saskatchewan Telecommunications is the only government-owned company in the Canadian telecommunications market. The company is 100% owned and controlled by Her Majesty the Queen in the Right of the Province of Saskatchewan as per Section 5 of the Saskatchewan Telecommunications Act. According to its statutes, foreign direct investment is not allowed in this company.
Coverage Telecommunications sector
Sources
- http://laws-lois.justice.gc.ca/eng/acts/T-3.4/page-6.html#docCont
- http://www.publications.gov.sk.ca/freelaw/documents/English/Statutes/Statutes/S34.pdf
- https://www.ic.gc.ca/eic/site/smt-gst.nsf/vwapj/SaskTel-Beneficial-Ownership-August2015.PDF/$file/SaskTel-Beneficial-Ownership-August2015.PDF
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CANADA
Since August 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Canada has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal