Government Procurement: How Long do Suppliers Have to Wait for PWGSC?
The recent procurement decision by the Canadian International Trade Tribunal (CITT) in 2040077 Ontario Inc. o/a FDF Group, CITT File Nbr. PR-2014-058 (FDF Group) raises the question of how long a complainant must wait for Public Works and Government Services Canada (PWGSC) to respond to an objection before filing a procurement complaint with the CITT, but provides no clear answer. In this case, FDF Group filed a bid in response to PWGSC procurement of...
read moreSupply Management – Looking Back, International Jurisprudence and the “Roll of the Dice” Part III
In parts I and II of our review of Canada’s defence of the supply management system, we reviewed details of Canada’s supply management system, including its origins, how it works, and the rationale for keeping it in place. We also looked back to the original GATT trade pact which established the provisions for the co-existence of open and freer trade with the import barriers necessary to ensure the survival of Canada’s regime for the...
read moreThe Need to Review the SIMA Preliminary Injury Process
The recent decision by the Canadian International Trade Tribunal (“CITT”) in Photovoltaic Modules and Laminates from China (CITT File Nbr. PI-2014-003), the “Solar Panels” case, has raised an apparent inconsistency in the Special Import Measures Act (“SIMA”), which begs the question whether it is time to review and amend the Act. In its Decision, the CITT found that the evidence disclosed a reasonable indication that the dumping and subsidizing of solar panels from China...
read moreSupply Management – Looking Back, International Jurisprudence and the “Roll of the Dice” Part II
In the second part of our examination of Canada’s defence of the supply management system in international trade disputes, we will take a closer look at the NAFTA Panel, In the Matter of Tariffs Applied by Canada to Certain U.S. – Origin Agricultural Products [NAFTA Secretariat No. CDA-USA-1995-2008-01] In its Report, the NAFTA Panel recalled that “… the United States has argued that Canada ‘gambled’ that it could convince participants in the Uruguay Round...
read moreSupply Management – Looking Back, International Jurisprudence and the “Roll of the Dice” Part I
Canadian trade negotiators appear to be under a great deal of pressure from our trade partners with respect to supply management. In fact, that may be an understatement as reports and analytical pieces on the progress of the Trans Pacific Partnership (TPP) negotiations continue to surface. This post will be the first of a series looking back at some of the international trade disputes (GATT, WTO, and NAFTA) in which some elements of Canada’s...
read moreA Simple Suggestion for Improving the Product Exclusion Process
The Canadian International Trade Tribunal (the “Tribunal” or “CITT”) has been taking steps to address the evidence required to grant a product exclusion, as well as the burden of proof that applies between the parties. Although the Tribunal has made some comments on the subject, their explanation of the requisite evidence has not quite gone far enough. It would be beneficial to all parties if the Tribunal used its decisions to more clearly outline...
read moreCanadians Using LLCs to Purchase U.S. Real Estate
Many Canadians wish to purchase a vacation home or investment property south of the border. However, few carefully consider how they will structure the purchase and its tax implications before buying. Many U.S. lawyers suggest buying properties intended for rental purposes through a limited liability company (LLC). LLCs are popular in the United States since they shield their owners from any personal liability and they allow for flow-through taxation (that is, the LLC does...
read moreIs Supply Management Really on the Table at the TPP?
With the conclusion of the Trans Pacific Partnership (TPP) negotiations possibly in sight, there is some discussion of potential changes to Canada’s supply management system for dairy, poultry and eggs. While it is possible that Canadian negotiators will accede to demands by trade partners and liberalize access to the supply managed sectors, after years of living with the current system, we should note that supply management is resilient. Time and time again, supply management...
read moreChina State-Owned Enterprises (SOE) Investments in Canada
Foreign direct investment (FDI) is undoubtedly a vital element to the development and future growth of the Canadian economy. Over the last several years, the Government of Canada has taken active steps to encourage this advancement and has worked to improve Canada’s investment regime to make it a more attractive investment destination for foreign investors. However, large Chinese investments into the Canadian oil and gas industry over the last few years have led to...
read moreCanada-China FIPA and Impact on Bi-Lateral Investment
The Canada-China FIPA entered into force on October 1, 2014, after long negotiations that spanned well over a decade. This agreement represents China’s 140th bilateral investment treaty and Canada’s 25th. The main purposes of a FIPA are to establish clear investment rules and measures to protect foreign investors against discriminatory or arbitrary government practices, to provide effective compensation in the event of an expropriation and to enhance the overall predictability of the policy framework...
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