Cross-border trade and investment create opportunities, but they also bring legal and regulatory requirements
in every market involved. We help Canadian and international businesses and investors manage trade compliance,
respond to trade remedy proceedings, and plan and complete investments into and out of Canada. With team
members qualified to practise law in both Canada and China, we are well placed to advise on matters between the
two markets.
Trade Remedies
Anti-dumping, countervailing duty, and safeguard proceedings can affect market access and competitiveness for
exporters, importers, and Canadian producers alike. We help businesses prepare for and participate in these
proceedings and protect their commercial interests.
Our Services Include:
- Investigations: Preparing complaints and responding to anti-dumping and countervailing duty investigations
conducted by the Canada Border Services Agency (CBSA).
- Injury Inquiries: Representing producers, importers, and customers in injury inquiries before the Canadian
International Trade Tribunal (CITT).
- Judicial Review and Dispute Settlement: Representing clients in judicial review proceedings before the
Federal Court of Appeal and in dispute settlement under the Canada-United States-Mexico Agreement (CUSMA).
Import/Export Controls and Customs Compliance
Compliance with Canada's customs and trade control rules helps businesses avoid delays, penalties, and
disruption to their supply chains. Businesses engaged in cross-border trade face close scrutiny under these
frameworks, including controls on brokering activities and frequent changes to tariff measures.
Our Services Include:
- Customs Compliance: Advising importers on tariff classification, rules of origin (including under CUSMA and
Canada's other free trade agreements), country of origin marking, valuation for duty, and their obligations
under the CBSA Assessment and Revenue Management (CARM) system.
- Surtaxes and Tariff Relief: Advising on surtaxes and other special tariff measures, and on requests for
remission (tariff relief).
- Customs Verifications and Disputes: Responding to CBSA trade compliance verifications, audits, and penalty
assessments, and pursuing re-determinations and appeals.
- Export and Import Controls: Classifying products and technology against Canada's control lists, applying
for export, import, and brokering permits, and obtaining advisory opinions from Global Affairs Canada.
- Controlled Goods Program: Advising on registration and ongoing compliance under the Controlled Goods
Program.
Economic Sanctions and Supply Chain Compliance
Canada imposes sanctions on countries, organizations, and individuals, and requires many businesses to report
on forced labour and child labour risks in their supply chains. Breaches can lead to serious penalties,
frozen assets, and blocked transactions.
Our Services Include:
- Sanctions Compliance: Designing compliance programs, screening counterparties and transactions, and
conducting audits so that Canadian and international businesses comply with Canadian sanctions.
- Mandatory Disclosures: Preparing disclosures relating to sanctioned property, and notices under the Foreign
Extraterritorial Measures Act to the Attorney General of Canada.
- Supply Chain Reporting: Assessing whether a business must report under Canada's forced labour and child
labour legislation, and preparing its annual report on the steps taken to prevent and reduce these risks.
Foreign Investment in Canada
Foreign investors entering or expanding in Canada need to decide how to structure their investment and whether
it engages federal foreign investment rules, including the Investment Canada Act. We help investors plan the
transaction, meet their filing obligations, and set up their Canadian business.
Our Services Include:
- Market Entry and Structuring: Advising on how to establish a presence in Canada, including the choice of a
subsidiary, branch, or joint venture, incorporation, and extra-provincial registration.
- Investment Canada Act: Assessing whether an investment requires a notification or a review, preparing
filings, and advising on national security considerations.
- Acquisitions and Joint Ventures: Structuring and negotiating share and asset acquisitions, joint ventures,
and strategic investments, and preparing the transaction documents.
- Due Diligence: Reviewing Canadian targets and partners, including trade-related risks such as sanctions,
export controls, and customs compliance.
Canada–China Investment
Investment between Canada and China involves two legal systems, two sets of regulators, and different business
practices. Because our team includes members qualified in both jurisdictions, we can explain how the rules on
each side affect a transaction and work effectively with clients, counterparties, and advisors in both markets.
Our Services Include:
- Chinese Investment in Canada: Advising Chinese companies and investors on investing in Canada, from
transaction structure and Canadian regulatory requirements to coordinating with the outbound investment
filings required in China.
- Canadian Business in China: Advising Canadian businesses on entering the Chinese market, including
investment structure, foreign investment requirements, and commercial arrangements with Chinese partners.
- Bilingual Transaction Documents: Preparing and reviewing English and Chinese transaction documents, and
helping clients understand where Canadian and Chinese legal practice differ.
