International Trade

Container ship in import, export and business logistics

INTERNATIONAL TRADE

Whether expanding sales to new markets through organic growth, joint venture or acquisition, McMillan’s international trade and customs lawyers have the expertise, experience and global network to help international businesses successfully steer through unfamiliar laws and regulations, treaties, customs, tariffs, language barriers and bureaucracy. We help clients chart a smoother course by providing comprehensive and cost-effective legal advice that saves time and money.

Our international trade group counsels companies ranging from multinationals to small and growing companies located in Canada and around the world, with the prime objective of helping navigate trade and international business opportunities, and overcoming obstacles while providing exemplary client service.

Governments turn to McMillan for assistance with complex legal issues that require an understanding of political sensitivities, strategic thinking and tactical excellence. Whether revising laws for a country’s entry into the World Trade Organization (WTO), advising on delicate negotiations affecting regulated or trade-protected sectors, or counselling government officials on trade rules applicable to major industrial projects, governments frequently put their trust in McMillan’s lawyers to succeed.

INTERNATIONAL TRADE REGULATIONS

International sales are more complex than domestic sale of goods and services. Costs are higher, due to tariffs and border delays, as well as differences in culture and language. Companies wanting to sell their products across borders must navigate national, regional and international trade regulations that address everything from fair competition to health, safety and environmental issues.

McMillan’s international trade lawyers help corporate clients navigate the maze of trade regulations that govern international business transactions. McMillan is known to help corporate clients lead on a global scale by advising on international trade policy and compliance matters; providing representation in anti-dumping, anti-subsidy and safeguard proceedings; negotiating with Canadian and international governmental bodies; litigating disputes before the courts and international arbitration tribunals; representing them in dispute settlement proceedings under the North American Free Trade Agreement and other international and regional trade treaties; and assisting them as they develop and implement internal compliance programs and conduct internal investigations.

For more information about our International Trade group, click here.
For our publicly disclosed representative transactions, click here.

Primary Contacts

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Dr. A. Neil Campbell

Partner, International Trade | Competition, Antitrust & Foreign Investment

Toronto

neil.campbell@mcmillan.ca Phone

416.865.7025

Jonathan O’Hara

Partner, International Trade

Ottawa

jonathan.ohara@mcmillan.ca Phone

613.691.6176

Jamie M. Wilks

Partner, Tax

Toronto

jamie.wilks@mcmillan.ca Phone

416.865.7804

Deals and Cases

Insights (113 Posts)

Let Them Roll: Dispute Settlement Panel Rules in Favour of Canada and Mexico on Automotive Rules of Origin and “Roll-Up” Method under CUSMA

Analysis of recent CUSMA panel decision on automotive rules of origin. Use of the roll-up method for core parts was in dispute between Canada, US and Mexico.

Jan 24, 2023

“Seller Beware?”: New Anti-Forced Labour Provisions in Federal Government Contracts

Anti-forced labour contract clauses for federal procurement came into effect November 2021, permitting the federal government to terminate contracts.

Jan 10, 2023

On the Right Track: Canadian Government’s Key Changes to Transportation of Dangerous Goods Regulations

The Canadian government has announced key changes to the Transportation of Dangerous Goods Regulations to streamline cross-border trade of dangerous goods.

Jan 10, 2023

A Foreign Affair at Home Not Abroad – Canada to Consult on the Merits of a Foreign Agent Registry

Canada announces that consultations on a possible "foreign agent registry" will begin soon. What is that and how is it different from a lobbying law?

Jan 9, 2023

Sanctions Pivot: Canada Seeks Forfeiture of Russian-Owned Assets to Fund Reconstruction of Ukraine and Adds Oil Price-Cap Restrictions

Canada, in a first for G7 states, seeks seizure & forfeiture of sanctioned oligarch's assets for use in compensation & reconstruction of Ukraine.

Dec 22, 2022

Modernization of the Investment Canada Act is Underway

The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.

Dec 12, 2022

Canada Embraces the Indo-Pacific: New Canadian Strategy Expands Opportunities for Two-way Trade and Investment

Canada announces new Indo-Pacific Strategy, applies to join Indo-Pacific Economic Framework, and what it all means for Canadian businesses.

Nov 30, 2022

Gates are Open for Consultation on Round Two of Competition Act Amendments

The Canadian government is consulting on proposed amendments to the Competition Act.

Nov 21, 2022

Foreign Investment in Canada: Minerals are Critical and Annual Report Released

The government’s approach to reviewing foreign investment is evolving, with an increased focus on national security concerns.

Nov 7, 2022

Let’s Get Digital – Canadian Government Consults on Model Digital Trade Policy

The Canadian government develops Model International Digital Trade Policy and requests to join the Digital Economic Partnership Agreement.

Nov 1, 2022

Canadian Sanctions Revisited: More Russian and New Iranian Sanctions, Including Price Cap on Russian Oil

Canada continues to update its sanctions relating to Russia, Ukraine, and Iran. It will also implement a price cap on Russian oil as part of a G7 initiative.

Oct 4, 2022

Could Imported Apparel Start Costing 17% More? Canada Revising its Special Duties for Developing Countries

Finance Canada has opened consultations on proposed changes to Canada's preferential tariff programs, with important implications for the apparel industry.

Sep 9, 2022

Services, Sensitive Technologies, Luxury Goods, Gold, and Disinformation Sanctions – Plus a Forfeiture Regime: Canada’s Latest Responses to the Russian Invasion of Ukraine

Canada has targeted Russia and Belarus with a series of further economic sanctions with asset seizure.

Jul 13, 2022

Canada Clamps Down on Services Provided to Russia

A description of the June 6, 2022 Canadian sanctions against Russia.

Jun 13, 2022

Canada Poised to Increase Regulation of Forced Labour in Supply Chains

Developments in Canadian regulation of forced labour in supply chains and their potential impacts on Canadian businesses

Jun 7, 2022

Canada Expands Sanctions on Russia and Proposes Broad Legislative Changes to its Sanctions Regime

An overview of two further rounds of Canadian sanctions against Russia as well as amendments that would strengthen Canada’s sanctions regime.

Jun 1, 2022

Budget 2022 Amends Legislation to Tackle Unfairly Traded Imports

Changes announced in Budget 2022 make it easier for Canadian producers to tackle unfairly traded imports.

Apr 13, 2022

Canada Further Expands its Sanctions Regime Against Russia

An update on Canada’s sanctions measures in response to military actions taken by Russia against Ukraine.

Mar 29, 2022

Canada Issues Policy Statement on Investments Linked to Russia under the Investment Canada Act

Investments by Russian investors will be subject to enhanced scrutiny and prolonged timelines.

Mar 9, 2022

The Potential Impact of the Ukraine Conflict on Contracts Between Canadian and Russian Companies

Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine

Mar 8, 2022

Canada Ratchets Up its Sanctions in Response to the Russia-Ukraine Crisis

An update on Canada’s sanctions measures in response to military actions taken by Russia against Ukraine.

Mar 4, 2022

Canada Strengthens Its Economic Sanctions and Export Controls Against Russia and Supports Russia’s Removal from SWIFT

On February 24, 2022, Canada imposed additional sanctions in response to military actions taken by Russia against Ukraine. The Regulations Amending the Special Economic Measures (Ukraine) Regulations[1] and the Regulations Amending the Special Economic Measures (Russia) Regulations[2] came into force immediately on their day of publication.

Feb 25, 2022

Wind-up and Hang-up: China Mobile’s Motion to stay an ICA Order Pending Judicial Review Dismissed

Analyzing updates from an Investment Canada Act national security review case to provide key insights to investors into Canada.

Jan 10, 2022

Combatting Forced Labour in Supply Chains from a Canadian Customs Perspective

Global supply chains are inordinately complex. The focus is not solely on disruptions; forced labour is increasingly in the spotlight.

Dec 22, 2021

Certification Denied: An Important Win for Competition Class Action Defendants

Certification denied in DRAM class action.

Nov 10, 2021

Changes have Arrived at the Contract Security Program: Personnel Security Clearances

Changes to the Contract Security program affecting personnel clearances have now come into effect. This bulletin breaks down the changes.

Nov 8, 2021

Northern Exposure: Canadian Competition Law/Investment Canada Update

We discuss, and answer questions, respecting developments in Canadian Competition and Foreign Investment Law.

Details

Wednesday, November 24, 2021

China Mobile Case Raises National Security Hang-up

China Mobile is challenging the Canadian government's order to divest its Canadian operations. The case raises important cross-border investment issues.

Oct 25, 2021

Antitrust Reform: Canada Too!

James Musgrove and Sarah Stirling-Moffet talk Competition law reform in Canada after the Commissioner’s CBA speech - more money, more power!

Oct 21, 2021

China’s Arduous Path to CPTPP Accession – A Myriad of Obstacles with an Improbable Outcome

On September 16, 2021, China submitted its request to accede to the Comprehensive and Progressive Trans-Pacific Partnership (“CPTPP”).

Oct 13, 2021

Federal Government Launches Consultations on Remedies Against Low-Priced Imports

A review of the stakeholder engagement process for proposed amendments to the Special Import Measures Act and the Canadian International Trade Tribunal Act

Sep 13, 2021

China’s New Sanctions Blocking Regime: Should Canadian Businesses in Hong Kong Be Worried?

On June 10, 2021, the Standing Committee of the Chinese National People’s Congress passed the Chinese Anti-Foreign Sanctions Law.

Sep 1, 2021

“Time Machine or Cash Machine?”: Federal Procurement Basics #3 (Compensation and other Remedies)

A review of the remedies in a federal procurement complaint to the Canadian International Trade Tribunal (CITT)

Aug 18, 2021

Beware of Petroleum and Potassium from Belarus! Canada Imposes New Sectoral Sanctions

On August 9, 2021, Canada announced sectoral sanctions under the Special Economic Measures Act (“SEMA”) against Belarus.

Aug 15, 2021

Leveling the Playing Field:
EU First Out of the Gate with Proposed Carbon Border Adjustment Mechanism

The European Commission announced its official proposal for a Carbon Border Adjustment Mechanism on July 14, 2021.

Aug 11, 2021

Canada Makes Changes to Cross-border Hazardous Waste and Recycling Requirements

On February 26, 2021, Canada enacted the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations.

Aug 4, 2021

Changes on the Menu: Canadian Food Inspection Agency Publishes Consultation Report on Proposed Guidelines for Simulated Meat and Poultry Products

This Bulletin discusses feedback on the CFIA’s proposed new guidelines for plant-based meat and poultry, what could be changing and what the CFIA is doing next.

Jul 20, 2021

Greening Canadian Borders – Canada Considers Border Carbon Adjustments for Carbon-Intensive Imports

Border Carbon Adjustments are being explored by various countries including Canada in its 2021 Budget to support climate change initiatives.

Jul 6, 2021

Cracking the Code – A Few Key Considerations for Developing Codes of Conduct

Codes of Conduct are an important tool for companies to mitigate legal and reputational risk by promoting ethical and responsible conduct of their employees.

Jun 30, 2021

Federal Procurement Basics #2: The Many Grounds for Federal Procurement Challenges: A ‘Keeping It Simple’ Summary

A review of the grounds for filing a federal procurement complaint to the Canadian International Trade Tribunal (CITT)

Jun 1, 2021

Charging Ahead: Alberta and Saskatchewan Joining Forces with Ontario and New Brunswick on Small Modular Reactors

Update on developments in nuclear energy and small modular nuclear reactors in Canada, including the memorandum of understanding that was recently signed.

May 26, 2021

Federal Procurement Update #1: Filing a Complaint at the Canadian International Trade Tribunal: A Sprint Rather than a Marathon

A review of when and how to file a federal procurement complaint to the Canadian International Trade Tribunal (CITT)

May 5, 2021

Federal Procurement Complaints: CITT Passes Milestone in 2020/2021

A review of the Canadian International Trade Tribunal (CITT) procurement review mandate for 2020/2021.

Apr 19, 2021

Canada Updates Official Terrorist Entities List – What It Means for Your Business

The Canadian government has placed the Proud boys on the list of terrorist entities. This announcement has certain key implications for Canadian companies.

Feb 23, 2021

Canada Freezes Shandong out of the Arctic

Canada blocked Shandong Gold's acquisition of TMAC Resources following a national security review under the Investment Canada Act.

Dec 22, 2020

Keeping the CPTPP as a Spare Tire: The New and Different Automotive Rules of Origin Under the CUSMA and the CPTPP

USMCA, CUSMA, T-MEC, CPTPP, Free Trade Agreements, Automotive Industry, International Trade, Duties, Global Affairs Canada.

Dec 16, 2020

B.C. Technology Sector Makes the Grade – But Not Yet Top of the Class

In November 2020, KPMG released the B.C Tech Report Card 2020. The Report Card outlined the current state of the British Columbia technology sector.

Dec 2, 2020

Sanctions Alert: Canada Reimposes Sanctions on Belarus

Canada announced on September 29, 2020, that it would re-impose more targeted economic sanctions against Belarusian high-ranking public officials

Sep 30, 2020

Aluminum Tariff Deja Vu? What is different this time.

This article summarizes the aluminum tariff saga and identifies key lessons learned from the initial imposition of aluminum tariffs in 2018.

Aug 19, 2020

Canada Orders Temporary Extension of National Security Review Periods Under the Investment Canada Act

In response to COVID-19, Canada has temporarily extended three key time periods for national security reviews under the Investment Canada Act.

Aug 12, 2020

Implementing New NAFTA: Agreement on Everything Except the Name!

This article identifies key sectoral and other changes to the NAFTA, which will come into effect on July 1, 2020 through the implementation of the CUSMA.

Jun 24, 2020

Heightened Scrutiny of Foreign Investment in the Time of COVID

In its April 18, 2020 COVID-19 policy statement, the government of Canada dramatically expanded the breadth and depth of its review of foreign investments.

Apr 21, 2020

Bill C-4 Receives Royal Assent: Incoming Changes to the Intellectual Property Landscape

New intellectual property provisions passed into law following Canada's ratification of the "new NAFTA", the
Canada-United States-Mexico Agreement (CUSMA)

Mar 24, 2020

Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?

Restructuring options and challenges in the time of COVID-19.

Mar 20, 2020

Will Modern Slavery Legislation Become a Reality in Canada?

Description of proposed modern slavery legislation in Canada that aims to address the issue of forced and child
labor in supply chains.

Mar 3, 2020

Supreme Court of Canada Opens the Door to Novel International Human Rights Claims: The Uncertain Implications for Canadian Resource Companies

In its 5-4 decision in Nevsun Resources Ltd., the Supreme Court of Canada has given Canadian courts the green light to develop new forms of civil liability.

Mar 2, 2020

As the “New NAFTA” Approaches Ratification, Regulated Foreign Entities Should Anticipate Stricter Record-Keeping Requirements

A summary of notable amendments to the federal Bank Act and Insurance Companies Act that Bill C-4 (CUSMA) will bring into force.

Feb 25, 2020

Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference

The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.

Jan 21, 2020

Transpacific Entrepreneurial Conference

This event fosters economic partnerships among Hong Kong, Southern China and Canada, and provides a platform for international business development.

Jan 16, 2020

Hong Kong Issues DIPN No. 58 on Transfer Pricing Documentation Requirements

The IRD issued DIPN 58 on July 19, 2019 explaining the transfer pricing documentation requirements in Hong Kong.

Oct 1, 2019

Canada’s New Export Brokering Regime

On September 17, 2019, Canada will formally become a State Party to the United Nations Arms Trade Treaty that regulates the international trade in conventional arms

Aug 21, 2019

Last Chance for Late National Phase Entry into Canada

It is official - Canada's new Patent Rules will come into force on October 30, 2019.

Aug 9, 2019

NICARAGUA ALERT – Canada Imposes Sanctions on Certain Nicaraguan Officials

On June 21, 2019, Global Affairs Canada (“GAC”) imposed targeted sanctions against nine Nicaraguan senior public officials

Jun 25, 2019

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

Jun 4, 2019

The Next Wave of US Extraterritorial Sanctions regarding Cuba – Potential Impacts for Canadian Companies

On May 2, 2019, after 22 years of semi-annual deferrals by multiple presidents, the United States brought Title III of its Helms-Burton Act into force.

May 6, 2019

What’s in a name – the USMCA is the new NAFTA

On the surface, NAFTA was set aside, replaced by the United States-Mexico-Canada Agreement (USMCA). Look more deeply, and there's evidence that much of the substance of NAFTA remains.

Oct 4, 2018

Surtax! What To Do Now

On July 1, 2018, Canada imposed surtaxes on steel, aluminum, as well as certain consumer and other products from the United States.

Jul 6, 2018

Tit for Tat

Canada Responds to U.S. Duties on Steel and Aluminium - In response to the American announcement of the imposition of duties on Canadian steel and aluminum

Jun 1, 2018

Canada’s Use of its National Security Power

The Government of Canada's decision to reject the proposed acquisition of Aecon, a major Canadian construction services firm, by China Communications

Jun 1, 2018

Under and across the sea, where CETA widens the pathway to increased labour mobility

The provisional application of the Canada-European Union Comprehensive Economic and Trade Agreement provides innovation with respect to labour mobility.

Mar 12, 2018

2018 Canadian Merger Notification Threshold Increases

The 2018 increases to the merger thresholds under Canada's Competition Act and Investment Canada Act have been announced.

Feb 14, 2018

The Comprehensive and Progressive TPP – Countering The Pressures for Protectionism

January 2018, Canadian government announced it will sign the Comprehensive and Progressive Agreement for Trans-Pacific Partnership also referred as "TPP-11".

Jan 30, 2018

Canada’s Global CSR Cop? The Proposed Canadian Ombudsperson for Responsible Enterprise

January 2018-Government of Canada announced creation of independent Canadian Ombudsperson for Responsible Enterprise-claims is first of its kind in the world.

Jan 24, 2018

CETA Carves Out More than just European Cheese and Canadian Beef

In 2017 CETA came into force and increased trade opportunities for Canadian and European businesses by eliminating or lessening tariffs and non-tariff barriers on goods and services

Jan 3, 2018

“G I didn’t know!” is No Excuse: What You Need to Know About the Changes to Geographical Indicators in the Trade-marks Act

"G I didn't know!" is No Excuse: What You Need to Know About the Changes to Geographical Indicators in the Trade-marks Act

Nov 28, 2017

Foreign Corruption: Canada Makes “Facilitation Payments” Illegal

Foreign Corruption: Canada Makes "Facilitation Payments" Illegal

Oct 31, 2017

NAFTA Here Today, Gone Tomorrow?

Oct 24, 2017

The Investment Canada Act 2016-17 Annual Report: What’s New?

The Investment Canada Act 2016-17 Annual Report: What's New?

Sep 14, 2017

CETA is Provisionally Implemented — the C$1.5 Billion Threshold Arrives

Sep 1, 2017

GAME ON USTR Releases Objectives for NAFTA Renegotiations

GAME ON
USTR Releases Objectives for NAFTA Renegotiations

Jul 25, 2017

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

Jun 22, 2017

Softwood Lumber: Hard Facts

Jun 16, 2017

‘Trick or Tweak’ – Proposed Relaxation of Foreign Ownership Restrictions

‘Trick or Tweak' – Proposed Relaxation of Foreign Ownership Restrictions
for Canadian Air Carriers

May 18, 2017

China-Canada: Opportunities in Cross-Border Venture Capital

McMillan will be hosting a luncheon seminar which will provide an overview of the China Angels Mentorship Program (CAMP).

Details

May 12, 2017 - 12:00 pm to 1:30 pm

NAFTA – the sky is not falling – those are just thunder clouds

Mar 6, 2017

Free Trade Trumps Protectionism

Jan 23, 2017

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

Jan 3, 2017

Impacts of the Supreme Court’s Decision in R v Anthony-Cook on the Certainty of Plea Agreements and Jointly Proposed Sentencing

Impacts of the Supreme Court's Decision in R v Anthony-Cook on the Certainty of Plea Agreements and Jointly Proposed Sentencing

Nov 14, 2016

Government Announces Changes in Foreign Ownership Rules for Canadian Airlines – ‘Change in Fact’?

Government Announces Changes in Foreign Ownership Rules for Canadian Airlines – 'Change in Fact'?

Nov 7, 2016

Senate Committee Report Promotes Dismantling Internal Trade Barriers within Canada

Jul 16, 2016

IT is It! Canada Removes Tariffs on High Tech Imports

Jul 14, 2016

Let the Good Times Roll: Court Allows the Free Flow of Liquor Across Provincial Borders

Jul 13, 2016

The M&A Maze: Due Diligence and International Trade Law

Apr 21, 2016

In this Great Future, You Can’t Forget Your Past – Update to the Government of Canada’s Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions

In this Great Future, You Cant Forget Your Past – Update to the Government of Canadas Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions

Apr 6, 2016

CLEANING UP ON TRADE TPP and the Environment

Mar 23, 2016

The Persian Conversion: New rules for doing business in Iran

Feb 9, 2016

Recent Trends and Developments under Canada’s Corruption of Foreign Public Officials Act

Recent Trends and Developments under Canada's Corruption of Foreign Public Officials Act

Nov 6, 2015

TPP of the Iceberg

Oct 16, 2015

TPP of the Iceberg

n October 5, an announcement was made that there was an agreement in principle on the Trans-Pacific Partnership ("TPP") trade deal. The draft text of the agreement has not yet been made public, and its details are still sparse, except in certain politically sensitive areas.

Oct 16, 2015

Shining a Light on Solar Panels: Government Promotion of Renewable Energy Leads to Trade Disputes and Trade Remedies

Oct 2, 2015

Canada Border Services Agency (“CBSA”) Revises its Policy on Canadian Customs Voluntary Disclosures

Canada Border Services Agency ("CBSA") Revises its Policy on Canadian Customs Voluntary Disclosures

Oct 2, 2015

The Impact of New Transatlantic Trade Agreements on Commercial and Investment Transactions

This article was published in Business Law International (September 2015)

Sep 29, 2015

For Better or Worse? Canada Updates Procurement Integrity Regime

Canadas Updated Procurement Integrity Regime: Equal Parts Déjà Vu and New

Aug 4, 2015

International Payments in RMB

Mar 27, 2015

UPDATED: Canada Expands Economic Sanctions and Targets Russian Energy Sector

Feb 21, 2015

Staying Out of the Crosshairs – Keeping On Top of Russia Related Economic Sanctions

Nov 21, 2014

Canada-China investment treaty enters into force after 30 month wait

The Canada-China Foreign Investment Promotion and Protection Agreement (known as a “FIPA”) will enter into force on October 1, 2014, some 30 months after the initial announcement of this treaty by Prime Minister Stephen Harper during his February 2012 state visit to China.

Sep 26, 2014