June 23, 2011By: Cyndee Todgham Cherniak
On May 27, 2011, the Canadian International Trade Tribunal (CITT) issued its decision in Danson Decor Inc. v. The President of the Canada Border Services Agency (AP-2009-066) in which it sided an importer who sought a refund...
Posted in Canada Law Blog, GST/PST and Other Non-Income Taxes, Trade Law, Customs Duties, Canada, Government Relations | No Comments
June 20, 2011By: Cyndee Todgham Cherniak
Sterling Resources Ltd, a Canadian listed company, has issued a press release to inform investors and interested persons that on June 20, 2010 it has filed a Notice of Dispute under the Canada-Romania Foreign Investment Promotion...
Posted in Canada Law Blog, Trade Law, Trade Lawyers Blog, Bilateral Investment Treaties (BITs)/ FIPAs, Canada, International Arbitration, Investment Dispute Settlement, Dispute Settlement, Government Relations | No Comments
June 17, 2011By: Cyndee Todgham Cherniak
Subsection 24(3) of the Retail Sales Tax Act (Ontario) (ORSTA) requires that a notice of objection be served on the Minister by sending the notice of objection by registered mail. Subsection 25(3) of...
Posted in Canada Law Blog, Administrative and Regulatory Law, GST/PST and Other Non-Income Taxes, Trade Lawyers Blog, Canada, Government Relations | No Comments
June 16, 2011By: Cyndee Todgham Cherniak
Canada has imposed wide reaching economic sanctions and trade restrictions against Libya. Canada has two sanctions regimes in place against Libya:
1) Multilateral sanctions as agreed by the United Nations imposed pursuant to the...
Posted in Canada Law Blog, Administrative and Regulatory Law, Financial Services and Banking Law, Trade Law, Canada, Export Controls and Economic Sanctions, Global Compliance & Risk Management, Government Relations, International Transactions | No Comments
June 15, 2011By: Cyndee Todgham Cherniak
On June 14, 2011, the Canadian House of Commons voted to recognize the Libyan rebel government, the National Transitional Council (TNC) as the legitimate representative of the Libyan people.
What this means is that the...
Posted in Canada Law Blog, Administrative and Regulatory Law, Financial Services and Banking Law, Trade Law, Canada, Global Compliance & Risk Management, Government Relations | No Comments
June 14, 2011By: Cyndee Todgham Cherniak
Canada has imposed wide reaching economic sanctions and trade restrictions against Iran. Canada has two sanctions regimes in place against Iran:
1) Multilateral sanctions as agreed by the United Nations imposed pursuant to the...
Posted in Canada Law Blog, Administrative and Regulatory Law, Trade Law, Canada, Government Relations, Global Compliance & Risk Management, Export Controls and Economic Sanctions | No Comments
June 13, 2011By: Susan Kohn Ross
Last summer, FDA management warned industry the Agency was planning to find ways to use an old court decision, U.S. vs. Park, 421 U.S. 658 (Sup. Ct. 1975), to increase its enforcement arsenal. In that case, an executive at a food...
Posted in Africa, Australia / New Zealand, Canada, China, European Economic Community, India, Mexico, Thailand, USA, Food and Drug Regulation | No Comments
June 13, 2011By: Susan Kohn Ross
Former GSK Lawyer Exonerated
Last March we talked about the charges against former GlaxoSmithKline lawyer Lauren Stevens being dismissed. Shortly thereafter, charges were refiled and the case went to trial. (Ms. Stevens had...
Posted in Australia / New Zealand, Canada, China, European Economic Community, India, Mexico, South Korea, Thailand, USA, Food and Drug Regulation | No Comments
June 11, 2011By: Cyndee Todgham Cherniak
Partners and partnerships are different legal entities for goods and services tax (GST) / harmonized sales tax (HST) purposes. Pursuant to subsection 123(1) of the Excise Tax Act (Canada), a partnership is a "person". ...
Posted in Canada Law Blog, GST/PST and Other Non-Income Taxes, Corporate & Securities Law, Corporate Governance / Corporate Responsibility / Codes of Conduct, Canada, International Transactions, Government Relations | No Comments
June 10, 2011By: Cyndee Todgham Cherniak
This is difficult question. Should the Government of Canada cancel the unilateral economic sanctions/trade restrictions imposed against Burma pursuant to the Special Economic Measures Act (Canada) and the Special Economic...
Posted in Canada Law Blog, Trade Law, Canada, Export Controls and Economic Sanctions, Government Relations | No Comments
June 09, 2011By: Cyndee Todgham Cherniak
Can a "purchaser in Canada" as that term is defined for customs purposes in Canada undergo changes and no longer satisfy the criteria in the Value for Duty Regulations? Yes
Subsection 48(1) of the Customs Act (Canada)...
Posted in Canada Law Blog, Administrative and Regulatory Law, GST/PST and Other Non-Income Taxes, Trade Law, Canada, Customs Duties, Global Compliance & Risk Management, Government Relations | No Comments
June 09, 2011By: Cyndee Todgham Cherniak
The Export Development Corporation (EDC) asks entities with which it does business to make certifications regarding compliance with Canadian and other anti-corruption/anti-bribery laws. Pursuant to the Corruption of Public...
Posted in Canada Law Blog, Trade Law, Anti-Bribery/Anti-Money Laundering, Anti-Corruption - Foreign Corrupt Practices Act/Corruption of Foreign Public Officials, Canada, Global Compliance & Risk Management, Government Relations | No Comments
June 09, 2011By: Cyndee Todgham Cherniak
As discussed in my May 28, 2011 blog post entitled "The CBSA's Trade Compliance Post Release Verification Hit List of 2011", the Canada Border Services Agency is targeting gloves for tariff classification and tariff treatment....
Posted in Canada Law Blog, Administrative and Regulatory Law, GST/PST and Other Non-Income Taxes, Trade Law, Canada, Customs Duties, Government Relations, Global Compliance & Risk Management | No Comments
June 08, 2011By: Cyndee Todgham Cherniak
Amalgamations are the combining of one or more corporation to form a new entity. For example, Corporation A and Corporation B can amalgamate under corporate laws to form Corporation AB. The assets and liabilities are...
Posted in Canada Law Blog, GST/PST and Other Non-Income Taxes, Canada, International Transactions, Incorporating in Canada, Government Relations, Corporate & Securities Law | No Comments
June 07, 2011By: Cyndee Todgham Cherniak
The Canada Border Services Agency (CBSA) is targeting tools, implements, cutlery, spoons and forks of base metals and parts in its 2011 national priorities for post-release trade compliance verifications. This is an...
Posted in Canada Law Blog, GST/PST and Other Non-Income Taxes, Trade Law, Canada, Customs Duties, Global Compliance & Risk Management, Government Relations | No Comments
June 06, 2011By: Cyndee Todgham Cherniak
A Canadian business that plans to import goods from one of Canada's free trade agreements partners (United States, Mexico, Chile, Israel, Costa Rica, Peru, Iceland, Norway, Lichtenstein and Switzerland) may ask for an advance...
Posted in Canada Law Blog, Administrative and Regulatory Law, GST/PST and Other Non-Income Taxes, Trade Law, Canada, Mexico, USA, Customs Duties, Global Compliance & Risk Management, Government Relations | No Comments