Canada-U.S. Blog Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

Category Archives: Canada’s Federal Government

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The Canada Border Services Agency Has Authority To Seize Hate Propaganda

Posted in Border Security, Canada's Federal Government, Customs Law, tariff classification

The Canada Border Services Agency (“CBSA”) is the gatekeeper and hate propaganda is a prohibited importation under item 9899.00.00.00 of the Customs Tariff (Canada).  Don’t bring hate propaganda to Canada and do not send hate propaganda to Canada and don’t attempt to import hate propaganda into Canada – unless you would like the CBSA to… Continue Reading

Can the CBSA Search My Electronic Devices?

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border trade, Customs Law

We are often contacted by travelers after they have been selected (random or mandatory) for a secondary examination by the Canada Border Services Agency (“CBSA”) upon arrival at the Canadian border. Usually, the traveler had something on a laptop computer or smart phone that they did not want the CBSA to see or use against them… Continue Reading

The CBSA Should Respect Solicitor-Client Privilege At The Canadian Border

Posted in Canada's Federal Government, Corporate Counsel, Cross-border trade, Customs Law

The Canada Border Services Agency (“CBSA”) does have an internal policy with respect to examinations and searches of lawyers who are crossing the border into Canada.  This internal policy (Operational Bulletin PRG-2014-07 “Examination of Solicitor-Client Privileged Materials”) is not publicly available on the CBSA web-site, so we posted it.  It is available through Access to… Continue Reading

Do You Know The Canadian Marking And Labelling Rules For Importing Textile Products Into Canada?

Posted in Canada's Federal Government, Cross-border trade, Customs Law, origin

There are several pieces of Canadian legislation that prescribe marking and labelling requirements for textile products that are imported into Canada.  While it is difficult to provide specific requirements without detailed information about the product, and certain exemptions may be available, the manufacturer, importer, target market, etc, the following marking/labelling requirements may apply: 1) Country… Continue Reading

How To Start A Trade Compliance Program? Who, What, When, Where, How Questions To Ask

Posted in Aerospace & Defence, AMPs, Border Security, Canada's Federal Government, Canada-EU CETA, Canada-Ukraine FTA, Corporate Counsel, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Government Procurement, NAFTA Renegotiations, Proceeds of Crime/Money Laundering

The trade landscape is changing for many Canadian companies. Canada is involved in the renegotiation of NAFTA.  The Canada-Ukraine Free Trade Agreement comes into effect on August 1, 2017.  The Canada-EU CETA enters into provisional effect on September 21, 2017.  The Government of Canada is updating export controls and economic sanctions laws and Global Affairs… Continue Reading

Canada Announces Canada-EU CETA Cheese Quota Rules

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border deals, Cross-border trade, Customs Law, Imports Restrictions, origin

Retailers, distributors, restaurants, domestic producers and others have been anxiously awaiting the Government of Canada’s announcement on the process for Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) cheese quota.  The Canada-EU CETA was originally to be provisionally implemented on July 1, 2017 and this start date was delayed due to a disagreement over… Continue Reading

Canadian Government Export Controls Policies Under A Microscope

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, Politics

On July 28, 2017, Global Affairs Canada issued a statement of concern relating to escalating violence in eastern Saudi Arabia. In the Statement entitled “Canada concerned by escalating tensions in eastern Saudi Arabia”, Global Affairs stated: “Canada is concerned by the escalating violence in eastern Saudi Arabia, which has resulted in civilian and security force casualties…. Continue Reading

What Might Be The First Trade Issues Under The Canada-EU CETA?

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border litigation, Cross-border trade, Government Procurement, Imports Restrictions, Trade Agreeements, World Trade Organization

The Canada-EU Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) will come into provisional effect on September 21, 2017.  Sometimes, disputes that have arisen prior to the implementation of a free trade agreement, which are left unresolved at the time of implementation, turn into full disputes between the parties. What could those disputes be? The… Continue Reading

Canada And Australia Mutually Recognize Trusted Traveler Programs

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law

On July 25, 2017, the Canada Border Services Agency (“CBSA”) announced that they had signed a Mutual Recognition Agreement with Australia’s Department of Immigration and Border Protection.  What this means is that Australia will recognize Canada’s trusted trader program called “Partners in Protection“(“PIP”) and Canada will recognize Australia’s trusted trader program. Canada’s PIP Program is… Continue Reading

Canada’s Standing Committee on Foreign Affairs And International Development Makes 13 Economic Sanctions Recommendations

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, Uncategorized

In 2016 and early 2017, Canada’s Standing Committee on Foreign Affairs and International Development (FAAE) reviewed Canada’s Special Economic Measures Act (“SEMA”) and the Freezing Assets of Corrupt Foreign Officials Act.  The SEMA was encted to authorize the Governor in Council (Cabinet) to promulgate unilateral economic sanctions against states, as well as individuals and entities… Continue Reading

Canada Has Made Important Changes To The Export Control List And Export Controls Guide: It Is Time To Update Company Export Controls

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Controlled Goods Program, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports

On July 12, 2017, the Government of Canada (more specifically, the Governor in Council (Cabinet)) promulgated changes to the Export Control list, which is a regulation.  In the Canada Gazette, Part II, Regulation SOR/2017-139 “Order Amending the Export Control List”  (the “ECL Order”) made pursuant to the Export and Import Permits Act was published.  The… Continue Reading

The July 12, 2017 Canada Gazette Contains Regulations Needed For Canada-Ukraine FTA and Canadian FTA Implementation

Posted in Canada's Federal Government, Canada-EU CETA, Canada-Ukraine FTA, Cross-border trade, Customs Law, Government Procurement, origin, Trade Agreeements

The July 12, 2017 issue of the Canada Gazette, Part II, is full of important trade-related regulations and orders.  In Canada, regulatory rules are published in the Canada Gazette.  Regulations are prepared by government departments and promulgated by the Governor in Council (Cabinet).  Regulations do not need to be voted on by the House of… Continue Reading

The CFIA Reverses Its Decision: Wine Produced In The West Bank CAN Be Labelled “Product of Israel”

Posted in Agriculture, Canada's Federal Government, Trade Agreeements

On July 13, 2017, early in the morning, we posted an article entitled “The Canadian Food Inspection Agency Asks For Israeli Wines To Be Removed From Ontario Shelves“.  We are pleased to confirm that the CFIA has reversed its decision that wines produced from grapes grown in the West Bank and fermented and produced in… Continue Reading

Canada Continues To List Iran And Syria As States Who Support Terrorism

Posted in Canada's Federal Government

On July 1, 2017, Canada’s Minister of Foreign Affairs posted an order in the Canada Gazette that the Islamic Republic of Iran and the Syrian Arab Republic will remain listed as foreign state supporters of terrorism in the Schedule to the Order Establishing a List of Foreign State Supporters of Terrorism.  Pursuant to the State… Continue Reading

Canada’s New AD/CVD Scope Ruling Process Allows The CBSA To Expand Subject Goods Definition

Posted in Antidumping, Canada's Federal Government, Cross-border trade, Trade Remedies

Canada has added a new “Scope Ruling” process to Canada’s antidumping/countervailing duty regime in Bill C-44 “An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures” (also known as “Budget Implementation Act, 2017, No. 1”). Bill C-44 received Royal Assent on June 22, 2017.  The “other measures” include… Continue Reading

Seth Godin’s “On Pie” Applies To Market Access And The World Pie

Posted in Agriculture, Antidumping, Buy America, Canada's Federal Government, Canada-China FTA, Canada-EU CETA, Canada-Ukraine FTA, Cross-border deals, Cross-border trade, Exports, Imports Restrictions, NAFTA Renegotiations, Personal Comments, Politics, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government, World Trade Organization

On April 6, 2017, Seth Godin posted “On Pie” on his blog.  I have thought about what Seth Godin wrote in “On Pie” many times when Canada, US or Canada-US trade issues arise, such as the Softwood Lumber AD/CVD Dispute, the 232 Steel Case, the 232 Aluminum Case, the Canadian FISC AD/CVD Case, NAFTA renegotiation, etc…. Continue Reading

Trump Travel Restrictions: What Canadians And Canadian Residents And NEXUS Card Holders Need To Know

Posted in Canada's Federal Government, Immigration law, Law Schools, NEXUS, Politics, U.S. Federal Government

On June 26, 2017, the United States Supreme Court unanimously overturned lower court decisions that delayed the implementation of President Trump’s Executive Order implementing travel restrictions against persons from 6 countries (Iran, Libya, Somalia, Sudan, Syria, Yemen). A limited version of President Donald Trump’s travel restrictions will go into effect Thursday morning (June 29).  The… Continue Reading

Non-Resident Importers Having Difficulties Dealing With The CBSA

Posted in Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, GST/HST, origin, tariff classification, valuation

Last week, I was informed by four different U.S. non-resident importers (or their representatives) that the non-resident companies were frustrated in their dealings with the Canada Border Services Agency (“CBSA”) – to the point that they may cease selling to Canadian customers.  While some of the complaints were more connected with customs brokers, many of the complaints… Continue Reading

Canada Day: Survival Guide For Canada-US Cross Border Travel

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, Imports Restrictions, NEXUS, Proceeds of Crime/Money Laundering

The Canada Day long week-end will be here soon.  Canadians travel outside Canada to visit friends and family and to shop.  The Canada Border Services Agency (“CBSA”) is on the lookout for contraventions of the Customs Act and other border laws. Here is our survival guide to make sure the CBSA is happy with your declaration… Continue Reading

Importers Must Pay Customs Assessments In Canada To Perfect Appeal

Posted in Canada's Federal Government, Cross-border trade, Customs Law, origin, tariff classification, valuation

We were asked recently whether a non-resident importer could ignore paying a Canadian customs detailed adjustment statement (“DAS”) and continue to import goods into Canada (just thumb their noses up at the Canadian government). The answer provided is that a non-resident importer (and a Canadian resident importer) should not consider something so foolish.  Under Canadian law,… Continue Reading

Global Affairs Canada Tables 2016 Annual Report on Exports In House of Commons

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Corporate Counsel, Export Controls & Economic Sanctions, Imports Restrictions

On June 20, 2017, Hon. Diane Lebouthiller (Minister of National Revenue) tabled (see page 13032 of Hansard) the 2016 Annual Report to Parliament on the Administration of the Export and Import Permits Act (the “2016 Annual Export Controls Report”)  The Report is required under Standing Order 32(2) and section 27 of the Export and Import Permits… Continue Reading

How Can I Get My NEXUS Card Back When It is Cancelled/Confiscated By The CBSA?

Posted in Agriculture, Border Security, Canada's Federal Government, Cross-border trade, Currency Reporting, Customs Law, NEXUS

The Canada Border Services Agency (“CBSA”) may confiscate, revoke or cancel a NEXUS Membership for a number of reasons, such as (1) a breach of a customs law (e.g., undervaluation or not declaring goods purchased or acquired outside Canada), (2) a breach of an immigration law (e.g., working in Canada without a proper visa), (3)… Continue Reading

Damned If You Do/Damned If You Don’t: Foreign Extraterritorial Measures Act and Trump’s Cuba Policy

Posted in Canada's Federal Government, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports, Imports Restrictions, Politics, U.S. Federal Government

On June 16, 2017, President Trump gave a speech in Miami and announced he was reversing some of President Obama’s Policy on Cuba. Just as Canadian businesses were getting used to the Obama Policy on Cuba, there has been a partial snap-back.  Not only has there been a partial snap-back, there is a stronger enforcement… Continue Reading