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 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 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
April 04, 2011By: Andrew Hudson
Over time we have provided various updates on the rights of holders of intellectual property to seize goods at the border arising out of alleged breaches of copyright or trademark legislation. Those holding intellectual...
Posted in Trade Lawyers Blog, Bilateral Investment Treaties (BITs)/ FIPAs, Border Security Initiatives, Australia / New Zealand, Canada, European Economic Community, India, Thailand, USA, Customs Duties | No Comments
April 04, 2011By: Andrew Hudson
The issue of container detention fees remains a real problem for freight forwarders, customs brokers and importers. It has certainly been the subject of many presentations and questions at CBFCA State Conventions and Member...
Posted in Trade Lawyers Blog, Bilateral Investment Treaties (BITs)/ FIPAs, Border Security Initiatives, Australia / New Zealand, Canada, European Economic Community, India, Thailand, USA, Customs Duties | No Comments
April 04, 2011By: Andrew Hudson
Industry needs to be aware of the progress of two new Bills introduced into Federal Parliament on 23 March 2011 which will have an impact on their operations.
The first Bill is the Customs Amendment (Export Controls and Other...
Posted in Trade Lawyers Blog, Bilateral Investment Treaties (BITs)/ FIPAs, Border Security Initiatives, Australia / New Zealand, Canada, European Economic Community, Thailand, India, USA, Customs Duties | No Comments
April 04, 2011By: Andrew Hudson
Introduction
There has been significant debate and discussion about the right and liabilities of parties to shipping contracts for container detention or damage charges. In the majority of cases, the parties involved are...
Posted in Trade Lawyers Blog, Bilateral Investment Treaties (BITs)/ FIPAs, Border Security Initiatives, Africa, Australia / New Zealand, Canada, European Economic Community, Thailand, USA, Customs Duties | No Comments
March 06, 2011By: Cyndee Todgham Cherniak
I receive calls regularly from people who were on vacation or away from Canada visiting relatives or former homes and who buy or acquire/receive goods (including gifts and property they own) outside Canada. I get the telephone...
Posted in Canada Law Blog, Administrative and Regulatory Law, Trade Law, Canada, Customs Duties, Government Relations, International Transactions | No Comments
March 03, 2011By: Cyndee Todgham Cherniak
On March 1, 2011, the Office of Superintendent of Financial Institutions Canada released a notice regarding the new regulations implementing the United Nations Resolution on Libya and taking special economic measures. For a copy...
Posted in Canada Law Blog, Administrative and Regulatory Law, Trade Law, Anti-Bribery/Anti-Money Laundering, Anti-Corruption - Foreign Corrupt Practices Act/Corruption of Foreign Public Officials, Canada, Export Controls and Economic Sanctions, Global Compliance & Risk Management, Government Relations, International Transactions | No Comments
March 02, 2011By: Cyndee Todgham Cherniak
On February 27, 2011, Canada's Prime Minister Harper announced that new regulations have been promulgated to establish new trade restrictions and economic sanctions against the Libyan regime and new obligations on Canadian...
Posted in Canada Law Blog, Administrative and Regulatory Law, Trade Law, Canada, Export Controls and Economic Sanctions, Global Compliance & Risk Management, Government Relations, International Transactions | No Comments
March 02, 2011By: Cyndee Todgham Cherniak
The uprisings in Tunisia, Egypt and Libya and the actions of the failing regimes have created legal issues for businesses that have established businesses in those failed states and for businesses that wish to continue to do...
Posted in Administrative and Regulatory Law, Aviation & Aerospace Law, Financial Services and Banking Law, Trade Law, Canada, Developing Countries, Export Controls and Economic Sanctions, Global Compliance & Risk Management, Government Relations, International Transactions | No Comments
March 01, 2011By: Cyndee Todgham Cherniak
Louise Elliott of the CBC raises an important issue in her blog posting entitled "Does Suncor still owe money to Gadhafi's regime?" see...
Posted in Trade Law, Canada, Export Controls and Economic Sanctions, Global Compliance & Risk Management, Government Relations, International Transactions | No Comments
February 28, 2011By: Cyndee Todgham Cherniak
On February 27, 2011, Canada's Prime Minister Harper announced that new regulations have been promulgated to establish new economic sanctions against the Libyan regime. However, when one says "Libyan regime", one has to include...
Posted in Trade Law, Canada, Export Controls and Economic Sanctions, Global Compliance & Risk Management, Government Relations, International Transactions | No Comments
January 31, 2011By: Cyndee Todgham Cherniak
There is a little known provision in Canadian law that is under-utilized. This provision is a powerful mechanism that holds promise and opportunity. Pursuant to section 18 of the Canadian International Trade Tribunal Act...
Posted in Administrative and Regulatory Law, Canada Law Blog, Trade Law, Canada, Intellectual Property, International Transactions | No Comments
January 23, 2011By: Cyndee Todgham Cherniak
The answer is no and maybe. While Canada does not have a trade remedy exactly like Section 337 of the Tariff Act, Canada does have a mechanism that may be used to obtain a court order against foreign goods that infringe a...
Posted in Canada Law Blog, Federal Court, Trade Law, Canada, China, Global Compliance & Risk Management, Government Relations, Import Controls, International Transactions, International Intellectual Property Protection | No Comments
January 23, 2011By: Cyndee Todgham Cherniak
My friend Tom Fox has recently posted two posts on FCPA Compliance and Ethics Blog:
1. Jonathan Marks' 13 Step FCPA Compliance Action Plan (January 11, 2011) -...
Posted in Canada Law Blog, Administrative and Regulatory Law, Consumer Protection Law, Trade Law, Canada, Anti-Corruption - Foreign Corrupt Practices Act/Corruption of Foreign Public Officials, Anti-Bribery/Anti-Money Laundering, USA, Customs Duties, Export Controls and Economic Sanctions | No Comments