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Canada: Your Next Retails Frontier

Co-Authored by Rajeeve Thakur*

Ontario: A Compelling Jurisdiction for Resolving Commercial and Trade Disputes

Ontario continues to develop as a well regarded forum for the resolution of commercial and trade disputes. Its Commercial Mediation Act, 2010 (the “Ontario Act”), for example, contains some interesting features regarding mediation which are well worth considering when evaluating the advantages and disadvantages of a particular choice of forum in international commercial and trade (in particular, customs) disputes.

Customs Laws Applicable to Temporary Importations Made By Non-Residents

Introduction

Foreign workers, international students, and visitors who travel to Canada often encounter a number of Customs issues relating to the temporary importation of their personal belongings, vehicles, or commercial goods. However, many individuals will not be aware of these issues until they actually arrive at the border. This article is intended to provide a brief overview of Canadian customs laws as they apply to the temporary importation of goods by non-residents.

An Overview of Customs Laws in Canada

Introduction

The World Customs Organization (“WCO”) represents Customs administrations in 177 countries, which collectively process approximately 98% of world trade. It also administers the technical aspects of the World Trade Organization (“WTO”) agreements on Customs Valuation and Rules of Origin. As a member of both the WCO and WTO, Canadian customs laws are, at least to an extent, based on agreements and conventions established by these organizations. A brief overview of Canadian customs laws appears below.

Review of Foreign Investment in Canada

Introduction

Foreign investments in Canada are regulated by the Investment Canada Act1 (the “Act”). Its stated purposes are:

a) To provide for the review of significant investments in Canada by non-Canadians in a manner that encourages investment, economic growth and employment opportunities in Canada, and

b) To provide for the review of investments in Canada by non-Canadians that could be injurious to national security.

New Tax Measures Designed to Boost Foreign Investment

Governments across the world are searching in these early post-recession days for measures that will continue to help create a new era of sustainable economic vigour and the business and personal prosperity that go with it. It seems clear that part of the Government of Canada’s plan is to promote more foreign direct investment in this country.

The Niko Resources Anti-Bribery Case

The prosecution of Niko Resources Ltd. under Canada’s Corruption of Foreign Public Officials Act (CFPOA) has received a great deal of attention. In addition to being the first significant prosecution under Canadian anti-bribery legislation, the case and its outcome suggest that despite the complexity and cost of what are often multi-country investigations over several years, more vigorous enforcement of anti-corruption legislation may soon be the norm in Canada.

An Overview of Foreign Anti-Corruption Laws in Canada

Introduction

As a member of the Organization for Economic Co-operation and Development (“OECD”), Canada signed the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the “OECD Convention”) on December 17, 1997.