LexSage (LexBlog Canada)

In March 2018, President Trump signed an executive order imposing Section 232 tariffs on steel products at the rate of 25% and 10% tariffs on aluminum products for reasons of national security.  At this time, Canada was exempted from the steel and aluminum tariffs.  On June 1, 2018, President Trump signed an executive order to...

In response to U.S. tariffs applied to Canadian steel and aluminum, the Government of Canada introduced countermeasures on certain goods imported from the U.S.  On and after July 1, 2018 surtaxes of 25% and 10% apply respectively, to certain steel and aluminum products imported from the U.S. (United States Surtax Order (Steel and Aluminum).  Canada...

On May 10, 2019, the Canada Border Services Agency (“CBSA”) posted Customs Notice 19-08 “Final Safeguard Measures on the Importation of Certain Steel Goods”.  Effective May 13, 2019, Canada will impose definitive safeguard duties on Heavy Plate and Stainless Steel Wire for a period of 3 years. Canada is imposing tariff rate quotas with declining...

At midnight, the United States increased tariff rates on many goods from China from 10% to 25% (referred to as the “U.S. Trump Tariffs”).  The U.S. Trump Tariffs are a form of customs duty that is payable by the importer and is passed on to U.S. consumers. As a result of the new higher U.S....

Non-resident companies doing business in Canada who have registered for Canadian sales taxes often ask us to provide a chart that contains Canada’s sales tax rates. There isn’t a single sales tax rate for all of Canada.  There are differences across the country and non-resident businesses need to ensure that they are following the sales...

Recently, there have been multiple incidents of Canada Border Services Agency (“CBSA”) officers stopping artists for secondary screening.  We are aware of a number of incidents. The incidents occurred at multiple border crossings.  In all cases, the CBSA equated being an artist with being a drug mule. In one incident, Tim Hogan, a Canadian indigenous...

The Canada Revenue Agency (“CRA”) has recently been auditing doctors and medical practitioners for goods and services tax (“GST”) and harmonized sales tax (“HST”). We have seen a number or re-assessments for amounts paid to doctors and medical practitioners for services that do not or may not qualify as exempt medical services. Doctors and medical...

Canada On April 8, 2019, Canada’s International Trade Diversification Minister finally announced the appointment of Ms. Sheri Meyerhoffer as Canada’s first Ombudsman for Responsible Enterprise (“CORE”). On January 17, 2018, the Government of Canada announced that it would create an Office of the CORE.  This is one of Canada’s progressive Corporate Social Responsibility initiatives to...

Canada The short answer is yes.  To the extent that steel safeguard duties were applied to imports of (1) concrete reinforcing bar, (2) hot-rolled steel sheet, (3) pre-painted steel, (4) energy tubular products and/or (5) wire rod, the safeguard duties were discontinued on April 28, 2019.  On April 26, 2019, Canada’s Department of Finance announced...

The short answer is yes, a non-resident importer may import foods into Canada in limited circumstances if certain conditions are met. The Safe Food for Canadians Act (“SFCA”) and its regulations, the Safe Food for Canadians Regulations (“SFCR”) provide the answer.  The SFCA came into full force on January 15, 2019 and at the same...

The short answer is that the Canada Revenue Agency may try even if they are not given the statutory authorization to ask a non-resident company for their complete financial records to be sent to Canada. Auditors might try to see what they can get their hands on and may even bully non-resident businesses into providing...

The Safe Food for Canadians Act (“SFCA”) came into full force on January 15, 2019 when the Safe Food for Canadians Regulations (“SFCR”) were adopted.  The SFCA and SFCR apply with few exceptions to all food commodities and create a framework of standards, licensing and other requirements established to ensure that food manufactured and sold...

Canada On April 23, 2019, the CRA launched public consultations to find out how it can change and what improvements it can make. In the April 23rd announcement, the CRA stated: “Today, as part of its ongoing efforts to improve the client experience for individuals who interact with us, the CRA launched public consultations that...

The Consolidated Appropriations Act of 2019 was signed into law on Friday, February 15, 2019, so the potential for another shutdown was averted, but there was a hidden gem buried in a related document. This new law contains a specific appropriation for the U.S. Trade Representative’s office which reads: “For necessary expenses of the Office...

Canada On October 11, 2018, Canada’s Department of Finance announced that effective October 25, 2018, Canada will be imposing emergency tariff rate quotas on 7 categories of steel products.  The Department of Finance has prepared a report and there will be an Order in Council under section 55 of the Customs Tariff to implement the...

Canada On September, 2018, the United States, Canada, and Mexico announced that a new NAFTA was agreed and would be called the United States-Mexico-Canada Agreement (“USMCA”) (also known as NAFTA 2.0).  The text of the USMCA was posted on the United States Trade Representative website. LexSage has published an USMCA Resource Guide with USMCA Chapters,...

On July 1, 2018, Canada imposed countermeasures (that is, 10% duties) on a number of U.S. origin goods.  These new duties will apply to goods that are purchased by Canadians who shop in the United States.  Canadian cross border shoppers may be asked more questions at the Canada Border Services Agency (“CBSA”) Primary Inspection Booth...

Canada On June 29, 2018, Canada released its list of products on which retaliation will be taken against the 232 steel and aluminum tariffs imposed by the U.S. Table 1 products are subject to a 25% surcharge. While the products listed on Tables 2 and 3 are subject to a 10% surcharge. See Canada 232...

Canada Canada imposes two types of unilateral economic sanctions against Venezuela.  Canada imposes unilateral economic sanctions under the Special Economic Measures Act (and Special Economic Measures (Venezuela) Regulations).  Canada also imposes unilateral economic sanctions and trade restrictions pursuant to the Justice for Victims of Corrupt Foreign Officials (Sergei Magnitsky Law) Act and...

Canada This client alert was originally published on May 30, 2018, and now there is an update. Today, May 31st, President Trump announced a resolution with Argentina, Brazil and Australia regarding the 232 tariffs on steel (25%) and/or aluminum (10%), but as there is no similar agreement with Canada, Mexico or the EU, the tariffs...

On May 30, 2018, Canada’s Minister of Finance announced new marking rules for steel and aluminum products.  In a News Release entitled “Canada Bolsters Prevention of Transshipment and Diversion of Steel and Aluminum Products Through Country of Origin Marking Regime“, the Department of Finance announced that Canada was aligning its marking rules with the United...

Canada is known as Hollywood North because many movies and television shows and commercials are filmed in Canada. However, unlike the United States, Canada has a federal sales tax called the goods and services tax (“GST”) and in some provinces harmonized sales tax (“HST”) is imposed.  GST/HST is exigible in respect of supplies of services...

Are Canadians, residents of Canada and visitors to Canada required to report prescription medications to the Canada Border Services Agency (“CBSA”)? The answer appears to be “YES”. The CBSA takes the position that you must declare all legally prescribed medications to them upon your return to or entry into Canada.  I am not kidding.  I...

There is a new/formalized antidumping (AD) and countervailing duty (CVD) procedure in Canada.  Importers may now request a formal AD/CVD Scope Ruling from the Canada Border Services Agency (“CBSA”).  Only the CBSA can make Scope Rulings relating to a Canadian International Trade Tribunal (“CITT”) AD/CVD Order.  Importers should consider filing a request for a Scope...

Canada This is a common problem – too common.  The people in the company responsible for customs and trade compliance do not work closely with the computer programmers as software is being developed — and mistakes are made.  The computer programmer does his or her job in preparing the code, but does not have any...

Anyone who watches “The Big Bang Theory” knows about Schrödinger’s cat.  The cat was both thought to be dead and thought to be not dead at the same time.  There is a similar paradox for Canadian companies who sell to the United States and/or China.  Canadian goods may be thought to be not subject to...

Originally published by the Journal of Commerce in March 2018 As has been widely reported, on March 8, 2018, President Trump signed one Presidential Proclamations imposing a 25% additional tariff on defined steel products, and a second one imposing an additional 10% tariff on defined aluminum products.  The only countries exempted from the outset are...

Earlier today, March 8, 2018, President Trump signed two Presidential Proclamations, one dealing with additional tariffs on steel and the other with additional tariffs on aluminum. As has been widely reported in the general press, those rates are 25% on steel and 10% on aluminum. The only countries exempted are Canada and Mexico. Steel articles...

Canada is nearing a trade law crisis point that, quite frankly, is avoidable and easily solved.  There are too few permanent members of the Canadian International Trade Tribunal (“CITT”) for the workload.  Section 3 of the Canadian International Trade Tribunal Act provides for the appointment of a Chairman and six (6) permanent members to the...

On February 8, 2018, the Federal Court of Canada released its decision in Gunwani Sodhi v. The Minister of Public Safety and Emergency Preparedness, 2018 FC 145 in which Justice Campbell found that the confiscation of Mr. Sodhi’s NEXUS membership by the Canada Border Services Agency (“CBSA”) lacked justification. This is the first Canadian judicial...