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Legal Guide


In addition to the various forms of commodity taxes previously discussed, foreign firms importing goods into Canada are required to pay customs duties, as well as abide by a number of federal laws which regulate customs procedures, quotas, product standards and labelling requirements within Canada. (See also the section titled “Federal Consumer Product and Labelling Standards”.)

Companies contemplating locating in Canada for manufacturing/exporting purposes are also subject to certain regulations, including reporting requirements. Further, certain goods are subject to export controls, including all goods imported from the U.S. that are not substantially transformed in Canada. There are quasi-criminal offences for failure to comply with these obligations.

In addition to specific long standing legislative deterrents, Canada has implemented the Administrative Monetary Penalty System (AMPS). AMPS is a civil penalty regime designed to secure compliance with Canada’s import and export obligations. AMPS provides for a monetary penalty to be levied for a violation of obligations related to either importing to, or exporting from, Canada, as set out in three pieces of federal legislation: the Customs Act, the Customs Tariff and the Special Import Measures Act, and the regulations promulgated thereunder. The scheme is designed so that the level of penalty increases each time an importer or exporter repeats an infraction.

Additional posts from the blog

Nov

12

Canada’s Anti-Spam Law – New Guidance on Offering Apps, Software

by Margot Patterson

CASL also prohibits installing a “computer program” – including an app, widget, software, or other executable data – on a computer system (e.g. computer, device) unless the program is installed with consent and complies with disclosure requirements. The provisions in CASL related to the installation of computer programs will come into force on January 15, 2015.

May

02

Environment Canada issues Hydrofluorocarbon reporting requirement

by Nalin Sahni

On April 7, 2014, the Minister of the Environment issued a Notice with respect to hydrofluorocarbons (the “Notice”), pursuant to the Canadian Environmental Protection Act, 1999. The Notice imposes reporting requirements on those who imported, exported, or manufactured certain hydrofluorocarbons (“HFCs”) from 2008 and 2012. A non-exhaustive list of HFCs subject to these reporting requirements can be found in Schedule 1 of the Notice.

Apr

17

“Oh, what a tangled web we weave when first we practice to deceive.”

by Andy Pushalik

In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts sent by a rogue employee to another of its workers.



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