In This Publication:
- Forms of Business Organization in Canada 1
- Financing a Foreign Business Operating in Canada 5
- Business Immigration 9
- Climate Change 13
- Offences Under the Competition Act 17
- Corporate Governance 21
- Dispute Resolution 25
- Employment & Labour 29
- Energy: Oil & Gas 33
- Environmental Law 37
- Foreign Investment 41
- Fraud Law 45
- Government and Legal System 49
- Infrastructure Opportunities In Canada 53
- Intellectual Property Law 57
- International Trade 61
- Mergers & Acquisitions 65
- Outsourcing 69
- Pensions and Benefits 73
- Privacy 77
- Private Equity 81
- Procurement Law 85
- Renewable Energy 89
- Restructuring & Insolvency 93
- Tax 97
- Technology 101
- Excerpt from International Trade:
Canada’s international trade law regulates the import and export of goods, the manner in which these goods are procured or sold, and the protection of foreign investments in Canada and Canadian investments abroad. Most of the applicable laws and regulations are administered by the Canada Border Services Agency (CBSA) and the Department of Foreign Affairs and International Trade. The CBSA has responsibility for administering the customs laws as well as a host of product regulations at the border.
International Trade Law -
Canada’s international trade law is generally administrative in nature. Federal government officials administer these laws. Their decisions are subject either to judicial review by the Federal Court or to appeal before administrative tribunals and then to the Federal Court. In exceptional cases, the Supreme Court of Canada hears appeals from the Federal Court.
For the most part, Canada’s international trade laws are based on (or incorporate) Canada’s international treaty obligations. To the extent that the applicable international treaty so provides, disputes may also be brought before dispute resolution panels such as those established by the World Trade Organization (WTO). Similarly, investment disputes under investment treaties may be arbitrated before dispute panels appointed by the parties to the dispute pursuant to the applicable treaty and international arbitration rules.
Counsel advising companies in cross-border commercial transactions must integrate intimate familiarity with business objectives and a thorough understanding of the impact of international trade laws to facilitate the attainment of those objectives. This includes structuring transactions to secure effective market access while ensuring import duty, tax and regulatory efficiencies. Close co-operation with expert counsel and client personnel in other specialized areas such as tax, intellectual property and commercial law is essential to address overlapping legal obligations and optimize business results.
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