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Canada

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This is not Canada’s first rodeo with an America-first, U.S. presidential administration. The President-elect’s recent announcement of 25% tariffs on “all” Canadian (and Mexican) imports echoes of 2018, where in his first term, President Trump applied 25% tariffs on Canadian-origin steel and aluminum products (2018 Tariffs). In response, Canada applied countermeasures targeting U.S. origin steel and aluminum and a range of U.S. origin goods. In this article we examine lessons from the tit-for-tat tariffs applied…

As the final weeks of calendar-year 2024 draw to a close, we have highlighted some of the top trade issues impacting entities doing business in Canada and Canadian companies operating abroad. Businesses should continue to stay focused on trade compliance. We expect the developments noted below will occupy the time and attention of c-suite executives and trade compliance teams, alike. Summer 2024 was busy with government initiated-consultations focused on economic resilience and national security. After…

During a cabinet retreat focused on the economy, the Government of Canada announced the implementation of a 100% surtax on Chinese EVs, a 25% surtax on steel and aluminum products from China, limitations on EV tax incentives, and an additional consultation on proposed measures related to batteries, semiconductors, solar products and critical minerals. The Government cites the risk of trade diversion due to trade measures implemented by the EU (read our overview here) and USA (read our overview here) in its…

On July 2, 2024, the Government of Canada launched a 30-day consultation on proposed policy responses to surplus supply of Chinese electric vehicles (EV). This Consultation aims to canvas stakeholders on the Government’s policy responses to protect the growing Canadian EV industry from perceived unfair trade-practices in China and the risk of diversion of Chinese EVs to Canada following recent tariffs implemented by the United States (Section 301 tariffs) and the EU (provisional countervailing duties).…

The filing deadline for submitting reports under Canada’s novel Fighting Against Forced Labour and Child Labour Act (the “Act”) passed on May 31, 2024. For companies that missed the May 31 deadline, Public Safety Canada recently confirmed that it is accepting late filed reports. The Act requires all businesses that meet certain operating and financial thresholds to file an annual report to Public Safety Canada describing the steps it has taken during its previous financial…

Baker McKenzie’s Canadian international trade and customs team is publishing a series of articles reviewing 2023 trade and customs compliance developments and looking ahead to 2024’s burgeoning issues. This article focuses on Canada’s customs regime. There were significant updates to the customs landscape in 2023 as the Canada Border Service’s Agency (CBSA) moved to introduce the next stage of the CBSA Assessment and Revenue Management (CARM) program, proposed significant amendments to the Valuation For Duty…

2023 has proven to be another dynamic year under the Government of Canada’s trade agenda, which showed no signs of slowing over the summer. From May to August 2023, the Government passed into law novel supply chain transparency legislation and introduced amendments and legislative proposals that are impacting, or will impact, compliance with Canadian customs, export controls, and economic sanctions legislation. Baker McKenzie’s Canadian trade and customs team continues to monitor the following key customs…

The launch of the Canada Border Services Agency (CBSA) Assessment and Revenue Management (CARM) project has officially been pushed back from October 2023 to May 2024. The regulatory amendments relating to electronic communication and payment, the provision of financial security electronically, and billing cycles that are necessary to support the launch and use of CARM are still on schedule and are planned to come into force in May 2024. The purpose of CARM is to…

On May 27, 2023 the Canada Border Services Agency (the “CBSA”) introduced amendments (the “Amendments”) to the Valuation for Duty Regulations (the “Regulations”), which will alter existing Canadian customs valuation rules. The Amendments intend to clarify the “sale” used to establish the value for duty under the transaction value method for all goods imported into Canada. Effectively, the Amendments propose a “last sale” approach to customs valuation, which has the potential to increase the declared…

On March 28, the Minister of Finance introduced Budget 2023, aptly titled a “Made-in-Canada Plan”. A key trade-related theme resonates throughout the Budget: futureproofing the Canadian economy to respond to realignment of global trade patterns. Budget 2023 highlights new policy based initiatives and legislative amendments to address: An overview of Budget 2023’s impact on the Canadian trade landscape are outlined below. Customs Budget 2023 proposes amendments to the Customs Tariff, which seek to address the…