Database
Trading restrictions
CANADA
Reported in March 2018
Chapter Online sales and transactions |
Sub-chapter Barriers to fulfillment
De minimis rule
According to Canada's de minimis rule goods with a value of up to 10 SDR / 20 CAD/ 15 USD are exempted from taxes and duties collected by customs.
Coverage Horizontal
Trading restrictions
CANADA
Since 1985
Chapter Standards |
Sub-chapter Product screening and testing requirements
Radiocommunication Act and Radiocommunication Regulations
Technical Acceptance Certificate (TAC) is required for broadcasting transmitters, portable radio transmitters, digital scanner receivers, cellular phones, remote car alarms and starters, garage door openers and wireless computer links. Testing in an accredited laboratory is obligatory. Re-certification is required even for minor product changes, and demands the involvement of local authorities.
Coverage Broadcasting transmitters, portable radio transmitters, digital scanner receivers, cellular phones, remote car alarms and starters, garage door openers and wireless computer links.
Trading restrictions
CANADA
Since 1988
Chapter Standards |
Sub-chapter Product safety certification (EMC/EMI, radio transmission)
Canada Radio Act
Industry Canada (IC) establishes the compliance regulations for radios, digital devices and other unintentional radiators. Certification is required according to some typical emissions standards such as ICES-003 (ITE) and ICES-001 (ISM equipment). Some applications of digital devices are exempted from IC technical standards. In many cases, such exempted equipment falls under the jurisdiction of other authorities.
Results from accredited laboratories in countries with which Canada has a Mutual Recognition Agreements (MRAs) are accepted.
Results from accredited laboratories in countries with which Canada has a Mutual Recognition Agreements (MRAs) are accepted.
Coverage Radio, digital devices
Trading restrictions
CANADA
Reported in 2014
Chapter Quantitative Trade Restrictions |
Sub-chapter Local Content Requeriments for commercial market
Policies of the Canadian Radio-Television and Telecommunications Commission (CRTC)
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).
Coverage Radio and television sector
Source
- USTR, 2014 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2014%20NTE%20Report%20on%20FTB.pdf
Restrictions on data
CANADA
Reported in March 2018
Chapter Content access |
Sub-chapter Other restrictive practices related to content access
Application Pursuant to Sections 24, 24.1, 36, and 70(1)(a) of the Telecommunications Act, 1993 to Disable On-line Access to Piracy Sites
A coalition of media and cultural companies, called FairPlay Canada and spreaheaded by Bell, has banded together and proposed the creation of an Independent Piracy Review Agency (IPRA). Under the supervision of the Canadian Radio-television and Telecommunications Commission (CRTC), IPRA would catalog a list of websites and organizations its member companies believe should be banned, and pass the requests on to ISPs. This initiative would create a pseudo-government agency tasked with tracking and blacklisting certain websites they believe encourage copyright infringement. There are concerns that this initiative may block access to websites that are falsely classified as aiding copyright infringement, or erroneously caught up in the filter blacklist.
Coverage Horizontal
Restrictions on data
CANADA
Since 2014
Chapter Content access |
Sub-chapter Censorship and filtering of web content
Court Ruling (Equustek Solutions Inc. v. Google Inc.)
In June 2014, the British Columbia Supreme Court granted a worldwide injunction in favor of Equustek Solutions Inc. that ordered Google to stop mentioning Datalink, a company violating Equustek trademarks, in all of its search results. This decision was confirmed in 2015, thus, Google was ordered to remove Datalink’s websites from all of its search pages globally.
Coverage Trademark violation (world-wide)
Restrictions on data
CANADA
Since 2000
Chapter Intermediary liability |
Sub-chapter Notice and takedown requirement
Copyright Modernization Act
Under the notice and notice regime, a copyright holder can report an infringement by sending a notice to the Internet Services Provider (ISP). Once the notice is received, the ISP must promptly forward it to the accused subscriber. Where the ISP fails to carry out its obligations, it will be liable for statutory damages ranging from CAN $5,000 to CAN $10,000 (USD 3,500 - 7,000). However, an exception has been made for search engines or “information location tools”.
Restrictions on data
CANADA
Since 2004
Chapter Data policies |
Sub-chapter Other
Freedom of Information and Protection of Privacy Amendment Act
If a foreign government, court, tribunal or other authority requests access to personal information held by a public body or a service provider in British Columbia, then the public body or service provider must provide notice to the B.C. Government of the request and general information regarding who made the foreign demand, when it was received and the general nature of the personal information sought in the foreign demand.
Further, the public body or service provider must provide notice of any demand made by a local organization or person which it reasonably believes was made in response to a foreign demand. This means a public body or service provider must provide notice if it thinks the demand is indirectly a foreign demand. The obligation to report foreign demands also extends to the individual employees of the public body and service provider.
Further, the public body or service provider must provide notice of any demand made by a local organization or person which it reasonably believes was made in response to a foreign demand. This means a public body or service provider must provide notice if it thinks the demand is indirectly a foreign demand. The obligation to report foreign demands also extends to the individual employees of the public body and service provider.
Coverage Horizontal
Restrictions on data
CANADA
Since 2003
Chapter Data policies |
Sub-chapter Restrictions on cross-border data flows
Freedom of Information and Protection of Privacy Act
Alberta’s Freedom of Information and Protection of Privacy Act permits the disclosure of personal information controlled by a public body in response to a “subpoena, warrant or order” only if issued by a court with “jurisdiction in Alberta.”
Coverage Horizontal
Restrictions on data
CANADA
Since 2006
Chapter Data policies |
Sub-chapter Restrictions on cross-border data flows
Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information
In 2006, Québec amended its Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information to require public bodies to ensure that information receives protection “equivalent” to that afforded under provincial law before “releasing personal information outside Québec or entrusting a person or a body outside Québec with the task of holding, using or releasing such information on its behalf.”
Coverage Public sector
Restrictions on data
CANADA
Partially into force in 2001 and fully into force in 2004
Chapter Data policies |
Sub-chapter Restrictions on cross-border data flows
Canadian Federal Law Personal Information Protection and Electronic Documents Act
According to the Canadian Federal Law Personal Information Protection and Electronic Documents Act, consent is not necessary for transfer to third country as the Canadian law does not distinguish between domestic and international transfers of data. The company should, however, grant a comparable level of protection while the information is being processed by a third party. This is preferably achieved on a contractual basis with the third party.
Coverage Horizontal
Restrictions on data
CANADA
Since 2004
Chapter Data policies |
Sub-chapter Restrictions on cross-border data flows
Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, s. 30.1
British Columbia requires that personal information held by a public body (primary and secondary school, universities, hospitals, government-owned utilities and public agencies) must be stored or accessed only in Canada. A public body may override the rules where storage or access outside of the respective province is essential. Moreover, the data can be transferred outside Canada "if the individual the information is about has identified the information and has consented, in the prescribed manner, to it being stored in or accessed from, as applicable, another jurisdiction".
Coverage Public sector
Restrictions on data
CANADA
Since 2006
Chapter Data policies |
Sub-chapter Restrictions on cross-border data flows
Personal Information International Disclosure Protection Act, S.N.S. 2006, c. 3, s. 5(1)
Nova Scotia requires that personal information held by a public body (primary and secondary school, universities, hospitals, government-owned utilities and public agencies) must be stored or accessed only in Canada. A public body may override the rules where storage or access outside of the respective province is essential. Moreover, the data can be transferred outside Canada "where the individual the information is about has identified the information and has consented, in the manner prescribed by the regulations, to it being stored in or accessed from, as the case may be, outside Canada".
Coverage Public sector
Establishment restrictions
CANADA
Since 2010
Chapter Business mobility |
Sub-chapter Other restrictive practices related to business mobility
Regulation on simplified entry procedure
Canada terminated its simplified entry procedure for foreign IT professionals. Under the scheme, a selected group of IT jobs was exempted from the requirement of a confirmation letter by Human Resources and Social Development Canada - that assesses the non-negative impact of foreign employment on Canadian citizens' prospects as part of an economic needs test.
Coverage ICT-services (Computer and Telecom)
Sources
- GTA; I-TIP.WTO.ORG; GTA; USTR; MADB EC; TMDB
- http://www.globaltradealert.org/state-act/1839
Establishment restrictions
CANADA
Since 2011
Chapter Business mobility |
Sub-chapter Other restrictive practices related to business mobility
Regulation on minimum wage
Citizenship and Immigration Canada (CIC) raised minimum salary requirements for IT professionals who seek to work in British Columbia or Quebec by 25% or more depending on the occupation.
Coverage ICT-services (Computer and Telecom)
Sources
- GTA; I-TIP.WTO.ORG; GTA; USTR; MADB EC; TMDB
- http://www.globaltradealert.org/state-act/2104
- http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob260.asp