Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 08 SEPTEMBER 2009

Export Control Laws - A Labyrinth Of Surprising Reach

Aird & Berlis LLP
Explore more from Aird & Berlis LLP

Canada's export control regime, regulated by multiple domestic laws, international agreements and diplomatic obligations can be difficult to navigate.

CanadaInternational Law
Author LinkedIn connections

Article by Paige Backman*

Canada's export control regime, regulated by multiple domestic laws, international agreements and diplomatic obligations can be difficult to navigate. When combined with the rapidly changing landscape of software development, this complex field of regulation can easily lead to even further confusion. Yet consequences for failing to comply can be severe. Contravention of the Export and Import Permits Act1 can result in significant fines or even criminal charges, with sentences up to a maximum of ten years of imprisonment. At the same time, these laws may change at any time as technology advances, as international agreements are altered, or as Canada's relationship with other countries changes.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

Canada Announces New Counter-Tariffs And Support Measures Following US Tariff Actions

Canada has announced sweeping counter-tariffs ranging from 15% to 50% on approximately C$27.6 billion of US imports, effective September 8, 2026, in direct response to President Trump's 50% Section 338 tariffs on Canadian goods. The measures target key sectors including steel, aluminum, dairy, appliances, and electronics, while the federal government simultaneously rolls out C$7.5 billion in support for affected businesses and workers. Understanding whether products qualify as US goods under Canada's markin
CanadaInternational Law
Cassels
Cassels
Article

From Duties To Import Bans: The Canada–U.S. Tariff War After The Collapse Of Negotiations

The United States has escalated its trade dispute with Canada by imposing import bans on alcoholic beverages, dairy products, and motorcycles under Section 338 of the Tariff Act of 1930, while Canada responds with matched counter-tariffs on $27.6 billion worth of U.S. goods. Following the collapse of bilateral negotiations in August 2026, both nations have entered an unprecedented phase of trade restrictions that extends beyond traditional tariffs to include procurement exclusions and threatens further auto
GlobalInternational Law
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

Canada’s Counter-Tariffs On US Goods: A Primer On What Canadian Businesses Need To Know

Effective September 8, 2026, Canada implemented retaliatory tariffs on certain U.S. goods in response to the initial 50% tariffs imposed by the US under Section 338 of the Tariff Act of 1930. To operationalize these measures, the Canada Border Services Agency (CBSA) issued Customs Notice 26-23, establishing binding administrative rules on how the surtax will be applied, calculated, and collected.
CanadaInternational Law
Fasken
Fasken
Article

Provisional Duties On Chinese Plywood

The Canada Border Services Agency has issued a preliminary determination imposing provisional anti-dumping duties ranging from 0% to 227.5% on decorative and non-structural plywood imports from China, effective August 24, 2026. With the Canadian International Trade Tribunal scheduled to hold public hearings in November 2026, the significant disparity between duty rates for cooperative versus non-cooperative exporters underscores the critical importance of timely participation in CBSA investigations.
CanadaInternational Law
Millar Kreklewetz
Millar Kreklewetz
Article

Gloves Off: Canada Answers U.S. Section 338 Tariffs Dollar-for-Dollar As Washington Escalates With Import Bans

Canada and the United States have entered a new phase of trade conflict, with Canada implementing retaliatory surtaxes on C$27.6 billion of U.S. goods while the United States escalates beyond tariffs to outright import prohibitions on Canadian alcohol, dairy products, and motorcycles. The dispute now extends into government procurement policy, raising questions about compliance strategies and supply chain restructuring as both nations tighten customs enforcement.
CanadaInternational Law
McCarthy Tétrault
McCarthy Tétrault
Article

The Trade War Tit-for-tat Continues: United States Responds To Canada’s Retaliatory Surtaxes With New Tariffs And Import Prohibitions

Canada and the United States have escalated their trade war with new retaliatory tariffs and import prohibitions taking effect in September 2026. What specific goods are now subject to these measures, and how do the complex layers of tariffs interact to impact cross-border commerce? This comprehensive analysis breaks down the latest developments in the deteriorating Canada-U.S. economic relationship.
CanadaInternational Law
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
Article

Canada Imposes Counter-Tariffs On C$27.6-Billion Of U.S. Imports, Effective September 8, 2026

Canada has announced C$27.6-billion in counter-tariffs on U.S. imports, effective September 8, 2026, targeting over 700 product classifications across steel, aluminum, dairy, electronics, and other sectors. The measures represent a dollar-for-dollar response to U.S. Section 338 tariffs, with rates ranging from 15% to 50% depending on the product category. The government has also introduced a C$7.5-billion support package for affected Canadian workers and businesses.
CanadaInternational Law
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Canada And The European Union Chart A New Course: Beyond CETA Toward A Strategic Economic Partnership

European Commission President Ursula von der Leyen has invited Canada to become the first associate member of the EU, with Prime Minister Mark Carney accepting the proposal to pursue an "Alliance for the Future." The partnership would build on existing bilateral agreements with Germany, Spain, and Italy, potentially enabling free flow of goods, services, and workers across strategic sectors including energy, critical minerals, artificial intelligence, defence, and advanced manufacturing.
GlobalInternational Law
Gowling WLG
Gowling WLG
Article

Elbows Back Up: U.S. Section 338 Tariffs, Canada’s Retaliatory Surtaxes And The Current Tariff Landscape

As Canada and the United States escalate their trade dispute with new retaliatory tariffs, businesses face mounting compliance challenges across multiple sectors. This analysis examines the comprehensive tariff landscape affecting bilateral trade, including Canada's September 8, 2026 surtaxes on U.S. imports and the corresponding American section 338 tariffs, detailing rates, exemptions, and the legal frameworks governing these measures.
CanadaInternational Law
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
Article

CBSA Anti-Dumping And Countervailing Duty Investigations: Truck And Bus Tires From China – What Producers, Exporters, And Importers Need To Know

Canada has initiated anti-dumping and countervailing duty investigations into truck and bus tires from China, with preliminary determinations expected by November 30, 2026. Producers, exporters, and importers—including companies from Korea, Japan, and Singapore with Chinese operations—face critical September and October deadlines to submit comprehensive responses or risk significantly higher duty rates.
CanadaInternational Law
Gowling WLG
Gowling WLG
Article

Canada’s 2026 AI Strategy: What Businesses Need To Know

Canada's National Artificial Intelligence Strategy marks a significant shift in federal AI policy, moving away from standalone legislation toward a comprehensive framework that emphasizes privacy reform, data sovereignty, and business adoption. The Strategy outlines six interconnected pillars designed to position Canada as a global AI leader while addressing regulatory gaps through existing legal frameworks and new policy tools.
CanadaTechnology
Aird & Berlis LLP
Aird & Berlis LLP
Article

Expanding Into Canada: The Comprehensive And Progressive Agreement For Trans-Pacific Partnership Considerations

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) represents a transformative opportunity for Canada-Japan trade relations, with Japanese foreign direct investment in Canada reaching $54.8 billion as of 2025. This free trade agreement between Canada and 11 Pacific economies eliminates customs duties and streamlines market entry processes, creating significant advantages for international businesses seeking to expand into the Canadian market.
CanadaInternational Law
Aird & Berlis LLP
Aird & Berlis LLP
Article

Powering Intelligence: Secured Lending In The AI Infrastructure Economy

As artificial intelligence adoption surges across Canadian enterprises—from 6.1% to 19.2% in just two years—the infrastructure demands are creating unprecedented opportunities in AI data centre development. Meta's $13-billion Alberta facility signals Canada's emergence as a major player, but what legal and commercial complexities must lenders, sponsors and investors navigate in this capital-intensive asset class?
CanadaFinance and Banking
Aird & Berlis LLP
Aird & Berlis LLP
Article

Suspending A Suspension: FIFA's Disciplinary Committee Suspends Implementation Of Folarin Balogun's Red Card

FIFA's Disciplinary Committee suspended the implementation of U.S. Men's National Team player Folarin Balogun's one-match suspension following a controversial red card, allowing him to play in a crucial World Cup Round of 16 match. The decision has sparked intense debate about FIFA's disciplinary framework, the scope of its discretion under the FIFA Disciplinary Code, and the administration of justice in high-profile international competitions.
United StatesMedia, Telecoms, IT, Entertainment
Aird & Berlis LLP
Aird & Berlis LLP