Recent NAFTA, CETA, TPP initiatives pose challenges and provide opportunities for cross-border trade

Cargo shipment - Vancouver

Canadian companies that engage in cross-border trade and investments in the United States and internationally should be mindful of several recent cross-border trade initiatives that will have a profound impact on their business strategies. These include the renegotiation of the North American Free Trade Agreement (NAFTA), the implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and potentially the Trans-Pacific Partnership (TPP).

Perhaps most notably, Canadian businesses are on alert as NAFTA talks are under way with the United States, Canada’s most important trading partner. The first round started August 16, 2017, in Washington, D.C., the second round of talks was held September 10, 2017, in Mexico, followed by the third round in Canada, from September 23-27, 2017. Canada and the U.S. have by now also revealed their core objectives for renegotiations. While Canadian enterprises may be concerned about the uncertain future of NAFTA, they could leverage this as an opportunity to diversify their ties to international markets. Whether U.S. President Donald Trump’s ambitious proposed changes to NAFTA will eventually be implemented is of course unknown at this point. However, any alterations to NAFTA could have a profound impact on Canadian companies and investors with ties to cross-border trade between Canada, Mexico and the U.S.

As required by U.S. law, the Trump administration released its negotiating objectives on July 17, 2017. They include many controversial proposals, including eliminating the binational Chapter 19 dispute settlement mechanism to resolve trade disputes, limiting opportunities for NAFTA partners to bid for government contracts in the U.S. and stricter rules of origin for tariff-free treatment of goods. In response, Canada’s Minister of Foreign Affairs advanced Canada’s objectives on August 14, 2017

Significant changes to NAFTA’s current structure — in which there are no tariffs on NAFTA qualifying goods traded between the countries — could have a widespread ripple effect on multiple industries, ranging from the auto sector to the agricultural sector, which could vastly affect North American and even global supply chains. While the outcome of the NAFTA negotiations is still unknown, Canadian companies should be mindful of how the cross-border economic landscape may evolve and should be ready to integrate possible changes to the rules that emerge into their business strategies to remain competitive.

Another key cross-border trade initiative that Canadian businesses need to be cognizant of is CETA, which is coming into force on September 21, 2017. CETA will not only reduce and ultimately eliminate tariffs between Canada and the EU, but also open up vast new opportunities for Canadian businesses in the EU government procurement sector. 

Although President Trump recently pulled the U.S. out of the TPP — a new 12-country Pacific Rim trade agreement which includes Canada — which leaves the original deal dead, the remaining signatories have been working to see whether they will go ahead anyway. Canadian businesses should continue to monitor developments on this front.

Changes in trade and investment rules can be disruptive. However, while NAFTA is under renegotiation, Canadian businesses should focus on diversifying their export business toward Europe with the benefit of CETA, and with Asia with the potential of a modified TPP which may be implemented as early as next year. 

Osler’s team of international trade experts is well-equipped to answer your questions surrounding the potential economic and legal impact of updates to agreements that govern cross-border commerce. Here we provide a working framework using timely insight to help you understand more about trade issues. As new potential trade initiatives take shape, we will continue to provide updated reports so continue to visit this page for useful information.

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Resources

CETA in effect today as Canada-EU pact comes into force

CBC News - September 21, 2017

The Comprehensive Economic and Trade Agreement between Canada and the European Union is now in force. Read more.


Year-end deadline for new NAFTA looking impossible, experts say

Maclean’s - September. 21, 2017

While talks are continuing along, officials involved in the renegotiation of NAFTA say a deal being reached by the end of the year might not be realistic. Read more.


Canadian interest rates will likely pause until NAFTA 2.0 is settled

Canadian Business - September 19, 2017

The Bank of Canada likely won’t be raising interest rates in light of ongoing talks to iron out a revamped North American Trade Agreement. Read more.


Trudeau threatens to not buy Boeing fighter jets to protest firm’s trade compliant

The Toronto Star - September 18, 2017

In response to Boeing’s trade complaint against Bombardier, Canadian Prime Minister Justin Trudeau threatened not to buy fighter jets made by Boeing. Read more.


U.K. PM Theresa May, Trudeau say CETA ‘basis’ for new bilateral talks

BNN - September 18, 2017

Canadian Prime Minister Justin Trudeau and U.K. Prime Minister Theresa May said they are working towards a new bilateral free-trade deal (after Brexit) that would use CETA as its template. Read more.


Canada pushing to revamp NAFTA lawsuit provision

The Globe and Mail - September 14, 2017

Canada is pushing for major changes to a NAFTA provision that governs the adjudication of lawsuits filed by North American businesses against governments for damages to their investments – and the United States has yet to reject the idea. Read more. *Note: This article is available to The Globe and Mail online subscribers only.


CETA: EU-Canada trade deal to kick in next week amid claims it could increase inequality

Independent - September 14, 2017

The Comprehensive and Economic Trade Agreement (CETA) will come into force following seven years of talks. Read more.


Wynne threatens trade retaliation if Trump imposes ‘Buy American’ policies

The Toronto Star - September 14, 2017

Ontario Premier Kathleen Wynne says the province is considering its own protectionist measures to combat possible Buy American policies espoused by U.S. President Donald Trump. Read more.


U.S. lawmakers express optimism over NAFTA negotiations

CTV News - September 13, 2017

Lawmakers overseeing NAFTA renegotiations are expressing optimism over the state of the talks, saying a new deal could be achievable in 2017. Read more.


Tech sector urges revisions to visa rules in NAFTA talks

The Globe and Mail – September 11, 2017

An update to the NAFTA-created TN program — which allows tens of thousands of professionals from Canada, and Mexico, to temporarily enter and work in the United States every year — could emerge as a material issue in the NAFTA renegotiations. Read more. *Note: This article is available to The Globe and Mail online subscribers only.


Boeing’s complaint against Bombardier an ‘assault’ on Québec’s economy, minister says

The Globe and Mail – September 11, 2017

Osler partner Riyaz Dattu tells The Globe and Mail that Boeing Co.’s trade dispute with Bombardier Inc. has ramifications for various industries. Read more. *Note: This article is available to The Globe and Mail online subscribers only.


Canada pushing U.S. in NAFTA talks to ban right-to-work

Washington Examiner – September 11, 2017

Canadian officials are using negotiations over the North American Free Trade Agreement to press the U.S. to pass a federal law banning states from having right-to-work laws that say workers cannot be forced to join or support a union as a condition of employment. Read more.


Europe braces for CETA, attacks its legality in top EU court

Euractiv – September 8, 2017

A committee of experts denounced CETA’s lack of ambition on environmental aspects and the absence of binding environmental commitments. Read more.


Poland threatens to block part of Canada-EU trade deal

Financial Times – September 7, 2017

Poland is threatening to block a part of the EU’s trade deal with Canada because of its concerns over a planned mechanism for resolving disputes between governments and multinational companies. Read more. *Note: This article is available to Financial Times subscribers only.


Canada to host NAFTA Round 3 in Ottawa later this month

CBC News – September 5, 2017

NAFTA talks are set to continue in Ottawa from Sept. 23-27, according to CBC News. Read more.


U.S. goes hard on demands, soft on specifics in NAFTA talks

The Globe and Mail – September 4, 2017

American negotiators are insisting Canada and Mexico will have to make all the concessions in the overhaul of the North American free-trade agreement while the United States will not give anything up, The Globe and Mail has learned. Read more. *Note: This article is available to The Globe and Mail online subscribers only.


Canada, U.S. aim for NAFTA deal by end of year as Round 2 begins

The Globe and Mail – August 31, 2017

Canada and the U.S. are eyeing the end of 2017 as the timeline for the completion of the NAFTA renegotiations. Read more.


Can Donald Trump pull the U.S. out of NAFTA all on his own?

Maclean’s – August 28, 2017

Osler partner Riyaz Dattu tells Maclean’s that “President Trump would have to get Congress to repeal the [NAFTA] provisions that were written into U.S. law,” if he wants to pull the U.S. out of NAFTA. However, the potential conflict over presidential and congressional power is an “area that has not been tested." Read more.


Trump’s shredding of NAFTA would trigger “snap-back” provisions, cause uncertainty

National Post – August 23, 2017

Osler partner Riyaz Dattu tells the National Post that “if the United States were to successfully withdraw from NAFTA, [it] could impact the manufacturing supply lines for a number of industries and would harm interests in the U.S. as well as Canada and Mexico.” Read more.


Canada seeks to reform NAFTA’s investor-state dispute settlement chapter

Osler, Hoskin & Harcourt LLP – August 23, 2017

The Canadian government has stated that one of its priorities in the renegotiations of NAFTA is to reform Chapter 11, the investor-state dispute settlement chapter. Although the United States has not directly referenced Chapter 11 in its negotiating priorities, its stated objectives on the dispute settlement provisions indicate that there may be some common ground between Canada and the United States. Read more.


Trade Case Alert: Certain polyethylene terephthalate resin from China, India, Oman and Pakistan

Osler, Hoskin & Harcourt LLP – August 23, 2017

The Canada Border Services Agency initiated investigations on August 18, 2017, under the Special Import Measures Act, in relation to the alleged injurious dumping of certain polyethylene terephthalate resin (PET resin) into Canada, originating in or exported from the People’s Republic of China (China), the Republic of India (India), the Sultanate of Oman (Oman) and the Islamic Republic of Pakistan (Pakistan), and the alleged injurious subsidizing of certain PET resin originating in or exported from China, India, Oman and Pakistan. Read more.


Sharp rise in U.S. government lobbying in run up to NAFTA renegotiations

Osler, Hoskin & Harcourt LLP – August 23, 2017

A recent analysis of lobbying data reported on by the International Trade Daily, 155 ITD (Aug. 14, 2017), has revealed a significant increase in lobbying of members of the U.S. Congress on NAFTA in the run up to the negotiations for amending that trade and investment agreement. Read more.


A NAFTA chapter focused on Indigenous rights will be crucial, Bellegarde says

Financial Post – August 21, 2017

With the renegotiations for the North American Free Trade Agreement underway, the federal government is looking at how provisions in NAFTA can support Indigenous economic development. Assembly of First Nations National Chief Perry Bellegarde tells the Financial Post that the addition of an Indigenous chapter in NAFTA could open up potential economic development opportunities for Indigenous Peoples, as well as make “sure we find that strong balance between the environment and the economy.” Read more.


NAFTA talks open with spat over how to resolve tariff conflicts

4 Traders – August 16, 2017

Osler partner Peter Glossop comments on the North American Free Trade Agreement (NAFTA) renegotiations and how NAFTA has introduced greater integration across the North American economy. Read more.


Chapter 19 may be a NAFTA deal breaker for Canada, but can it survive a legal challenge in the U.S.?

Financial Post – August 15, 2017

Osler partner Riyaz Dattu tells the Financial Post that “there’s no evidence that the Chapter 19 system has resulted in decisions that are biased against the United States.” Read more.


Canada unveils its top priorities for NAFTA renegotiations

Osler, Hoskin & Harcourt LLP – August 15, 2017

On August 14, 2017, Canadian Foreign Affairs Minister Chrystia Freeland outlined the core objectives of the Canadian government for the upcoming NAFTA renegotiations. The three NAFTA countries – Canada, the United States and Mexico – are set to begin the first round of talks on August 16, 2017, in Washington, D.C. We discuss some of the features Canada hopes will form the core of the new agreement, and what the implications are for Canadian businesses. Read more.


NAFTA renegotiations offer chance to diversify

Legal Feeds – August 14, 2017

Osler partner Riyaz Dattu says uncertainty caused by the renegotiation of NAFTA could be an opportunity for Canadian companies to strengthen their relationships in other foreign markets, and ultimately, lead to a better trade agreement for Canada. Read more.


Canada’s NAFTA goals include modernizing labour and environmental standards, Freeland says

CBC News – August 14, 2017

Foreign Affairs Minister Chrystia Freeland says Canada will seek to modernize North America's 23-year-old trade deal to update its labour standards, ease the cross-border movements of professionals, cut red tape and open up government procurement. Read more.


Trump’s NAFTA auto goals to collide with industry as talks start

CNBC – August 14, 2017

The Trump administration has set a collision course with the auto industry as it launches renegotiations of the 23-year-old NAFTA trade pact this week, aiming to shrink a growing trade deficit with Mexico and tighten the rules of origin for cars and parts. Read more.


Canada’s NAFTA objectives include new ‘progressive’ chapters

Toronto Sun - August 14, 2017

Foreign Affairs Minister Chrystia Freeland is laying out Canada’s core objectives for the upcoming renegotiation of the North American Free Trade Agreement. Read more.


Duty-free online shopping emerges as flashpoint in NAFTA negotiations

Financial Post - August 9, 2017

A U.S. proposal for Mexico and Canada to vastly raise the value of online purchases that can be imported duty-free from stores like Amazon.com and eBay is emerging as a flashpoint in an upcoming renegotiation of the NAFTA trade deal. Read more.


First ministers present united NAFTA front to defend Canadian interests in U.S.

Calgary Herald - August 4, 2017

Canadian Prime Minister Justin Trudeau is promising close collaboration between his and the provincial governments in Canada throughout negotiations to overhaul the North American Free Trade Agreement. Read more.


End of 2018 ‘best case’ for new NAFTA implementation: Mexico

Financial Post - August 3, 2017

Mexico’s economy minister anticipates the end of next year as the best-case scenario for the implementation of the newly negotiated North American Free Trade Agreement. Read more.


Do no harm in NAFTA talks, Canadian businesses tell Trudeau

Financial Post - August 3, 2017

Canadian businesses are urging Prime Minister Justin Trudeau not to let Donald Trump blow up the North American Free Trade Agreement during negotiations in the coming months. Read more.


NAFTA talks could hinge on Mexico’s disproportionate share of auto investment, jobs

Toronto Star - August 3, 2017

Canadian officials believe the automotive industry is at the root of U.S. demands for changes to the North American Free Trade Agreement, according to an article in the Toronto Star. Read more.


NAFTA and a made-in Canada IP framework

Osler, Hoskin & Harcourt LLP - August 1, 2017

To be able to win in the NAFTA IP negotiation, Canada’s negotiators need to understand the importance of IP: where it creates winners and losers across borders, and how it drives growth. The U.S. negotiators are driven by a deep understanding of these issues. Will Canada finally offer its own blueprint for cross-border IP that will promote Canadian innovation far into the future? These negotiations present an ideal opportunity to do so. Read more.


R.I.P. border adjustment tax: Canadian implications

Osler, Hoskin & Harcourt LLP - July 28, 2017

The hotly contested border adjustment tax (BAT) will not be included in U.S. tax reform, key Republican leaders from the White House and Congress confirmed on Thursday. While there is still rampant uncertainty about the shape that U.S. tax reform will take, the knowledge that this reform process will proceed without the BAT is a major step forward for Canadian businesses. Read more.


One request by Trump threatens both NAFTA negotiations and the softwood lumber dispute

Global News - July 25, 2017

Osler partner Peter Glossop tells Global News that while the current expectation is that NAFTA talks will be resolved by the end of the year, things could drag on if the softwood lumber dispute isn’t resolved. Read more.


Ottawa draws line on U.S. plan to remove NAFTA dispute mechanism

The Globe and Mail - July 25, 2017

Canadian Prime Minister Justin Trudeau’s government will fight to maintain Chapter 19 in NAFTA renegotiations, according to The Globe and Mail. Osler partner Riyaz Dattu reveals some findings on Chapter 19 disputes. Read more. *Note: This article is available to The Globe and Mail online subscribers only.


This obscure chapter in NAFTA could be Canada’s deal-breaker

Financial Post - July 24, 2017

The Trump administration confirmed the elimination of Chapter 19 was high on its agenda during NAFTA talks, while the Canadian government reportedly wants to keep it. Read more.


Construction leaders disappointed with Trump’s NAFTA wish list

Daily Commercial News - July 23, 2017

Canadian construction industry stakeholders are concerned over the Buy America provisions espoused by the Trump administration ahead of the NAFTA talks, at the expense of Canada and Mexico. Read more.


NAFTA: Donald Trump’s wish list and closing the book on Chapter 19

Global News - July 19, 2017

Osler partner Riyaz Dattu says that Canada’s success rate with respect to Chapter 19 reviews might be part of the reason why the Trump administration is targeting the issue during NAFTA talks. Read more.


NAFTA talks: Trump administration announces Aug. 16 start date in D.C.

CBC News - July 19, 2017

The first round of NAFTA talks will begin the week of Aug. 16-20, according to United States Trade Representative Robert Lighthizer. Read more.


U.S. reveals much-anticipated NAFTA renegotiating objectives

Osler, Hoskin & Harcourt LLP - July 18, 2017

The Office of the U.S. Trade Representative (USTR) issued the Trump administration’s renegotiation objectives for NAFTA. We analyze the potential ramifications for Canadian businesses. Read more.


Federal government extends public consultations as launch of NAFTA renegotiations looms

Global News - July 18, 2017

The Canadian federal government is extending the deadline for public comments on the NAFTA renegotiations in the wake of the Trump administration revealing its wish list for the talks. Read more.


Trump administration issues sweeping demands on trade as NAFTA talks near

The Globe and Mail - July 17, 2017

U.S. Trade Representative Robert Lighthizer released a sweeping list of more than 100 negotiating objectives for NAFTA renegotiations. Read more.


‘This will not be a short negotiation’: U.S. releases list of demands for NAFTA

CTV News - July 17, 2017

The Trump administration released its goals for the North American Free Trade Agreement renegotiations, which include more exports of its dairy products, wine and grains, among a broad range of other goals. Read more.


U.S. dairy lobby increases pressure on Canada, NAFTA fight looms

Financial Post - July 17, 2017

The U.S. dairy lobby is putting pressure on Canada and demanding concessions as NAFTA renegotiations draw closer. Read more.


Canadian public comments on NAFTA are due July 18

Osler, Hoskin & Harcourt LLP - July 11, 2017

Canadian businesses should be mindful that the deadline for submitting comments to Global Affairs Canada on the renegotiation and modernization of the North American Free Trade Agreement (NAFTA) is on Tuesday, July 18, 2017. Read more.


Canada, EU to provisionally apply CETA in September

CBC News - July 8, 2017

Canada and the European Union have agreed to provisionally apply the Comprehensive Economic and Trade Agreement beginning in September, after several delays. Read more.


Trudeau and Varadkar reaffirm commitment to CETA at Dublin meeting

Macleans - July 4, 2017

Canada’s Prime Minister Justin Trudeau and his Irish counterpart, Taoiseach Leo Varadkar, reiterated their commitment to the Canada-EU Comprehensive Economic and Trade Agreement (CETA) at a meeting in Dublin. Read more.


Canada’s trade deal with itself now in effect, as EU deal waits

CBC News - July 2, 2017

The Canadian Free Trade Agreement (CFTA) is still on after the passing of the July 1 deadline. Read more.


CETA held up by disputes over drugs and cheese

BNN - June 29, 2017

The start of the Comprehensive Economic and Trade Agreement (CETA) is being held up by disputes over cheese and pharmaceuticals. Read more.


Canada will keep working with U.S. on softwood dispute, Trudeau says

Toronto Star - June 27, 2017

Canadian Prime Minister Justin Trudeau said the Liberal government will work with the U.S. administration to try and resolve the long-standing softwood lumber dispute. Read more.


U.S. energy secretary seeks pact with Canada, Mexico as NAFTA talks near

The Calgary Herald - June 27, 2017

U.S. Energy Secretary Rick Perry referred to the upcoming NAFTA renegotiations as a “massage” of the 1994 deal, espousing a “North American energy strategy” with Canada and Mexico. Read more.


Insurance associations express support for NAFTA

The Insurance & Investment Journal - June 26, 2017

Insurance associations in North America have given their approval for the North American Free Trade Agreement. Read more.


Trudeau says there’s ‘no need for a Plan B’ in NAFTA talks

The Globe and Mail - June 22, 2017

Canadian Prime Minister Justin Trudeau says he is confident that a NAFTA deal will be in place within a year. Read more.


NAFTA renegotiation talks not bound by 2017 deadline: Lighthizer

BNN - June 21, 2017

U.S. Trade Representative Robert Lighthizer did not want to commit to a firm deadline for NAFTA renegotiations, instead choosing to pursue quality over speed. Read more.


Why Canada should forge ahead with the TPP without the U.S.

Osler, Hoskin & Harcourt LLP - June 20, 2017

Canada could find itself in an enviable position of being the hub for trade with Asia, EU and the NAFTA region if the U.S. continues to isolate itself under the banner of protectionism and America First. U.S. and foreign investors may focus on Canada for future investment and relocating their operations to access Canada’s free trade deals. Read more.


U.S. retailers’ wish list for NAFTA renegotiations

Osler, Hoskin & Harcourt LLP - June 20, 2017

On June 12, the National Retail Federation (NRF), the world’s largest retail trade association, submitted its comments to U.S. Trade Representative Robert Lighthizer for the negotiation of a modernized North American Free Trade Agreement. Like many other businesses, the NRF cautioned the USTR to “do no harm” to the existing favourable provisions of NAFTA. Read more.


High volume of public comments on NAFTA renegotiations filed with USTR

Osler, Hoskin & Harcourt LLP - June 20, 2017

On May 23, 2017, the Office of the United States Trade Representative (USTR) invited the public to provide input to inform the development of U.S. negotiating objectives and positions with respect to NAFTA. By June 14, a total of 12,451 submissions were received. The great majority of the submissions we have reviewed support NAFTA for the increased prosperity, trade and jobs created within the NAFTA countries, and cautioned the USTR not to take retrograde steps that would harm the benefits of NAFTA. Read more.


NAFTA becomes battleground for trade-related IP obligations

Osler, Hoskin & Harcourt LLP - June 20, 2017

Against the backdrop of the withdrawal of the U.S. from the Trans-Pacific Partnership (TPP), NAFTA’s three member nations (Canada, Mexico and the U.S.) will negotiate an updated NAFTA IP chapter. Read more.


Trade Case Alert: Canadian anti-dumping and countervailing investigation initiated for carbon and alloy steel line pipe from Korea

Osler, Hoskin & Harcourt LLP - June 20, 2017

On June 8, 2017, the Canada Border Services Agency (CBSA) initiated anti-dumping and countervailing investigations related to allegations of dumping of certain carbon and alloy steel line pipe originating in or exported from the Republic of Korea. This case follows similar cases brought by Evraz against line pipe from China and Japan. Canadian pipeline companies can expect to pay more for line pipe and restricted supply if Evraz succeeds in having duties imposed on Korean line pipe. Read more.


NAFTA agriculture ministers see ‘few’ differences over trade

Reuters Canada - June 20, 2017

The agriculture ministers of Canada, the U.S. and Mexico have “relatively few” differences on agricultural trade in the run-up to NAFTA renegotiations, according to a Reuters article. Read more.


U.S. in trade talks with Asian nations to replace TPP, commerce secretary says

South China Morning Post - June 20, 2017

U.S. Commerce Secretary Wilbur Ross says his country has started engaging in trade talks with multiple countries in Asia to figure out an alternative to the Trans-Pacific Partnership. Read more.


NAFTA talks could be done by 2019 election: Mulroney

CTV News - June 18, 2017

Former Canadian Prime Minister Brian Mulroney says although plenty of hurdles need to be climbed, NAFTA renegotiations could be completed in time for the 2019 federal election. Read more.


Canada’s NAFTA strategy: ‘Heads down and our mouths shut’

CNBC - June 16, 2017

Former Canadian Prime Minister Brian Mulroney says Canada’s winning strategy with NAFTA talks looming is to stay quiet, according to an article in CNBC. Read more.


Canada-EU trade deal’s July 1 target threatened by new cheese dispute

CBC News - June 14, 2017

A new dispute over who gets to import cheese into the EU may cause some problems for the planned implementation of Canada’s new trade deal with the EU (CETA) July 1. Read more.


NAFTA renegotiation could impact Canadian business

Law Times (video) - June 12, 2017

With the uncertainty surrounding the looming North American Free Trade Agreement renegotiations, companies “should anticipate potentially the worst” and re-evaluate their business strategies accordingly, Osler partner Riyaz Dattu tells the Law Times in a video interview. Read more.


Trump’s NAFTA plans stall Canadian private market investment: report

Global News - June 8, 2017

U.S. President Donald Trump’s rhetoric on international trade may be having an adverse impact on Canada’s economy, according to a report by research firm Pitchbook. Read more.


NAFTA trumps Comey for Premiers at meeting in D.C.

BNN - June 8, 2017

Premiers from eight of Canada’s provinces and territories are gathered in Washington to prepare for the future NAFTA renegotiations. Read more.


U.S. business lobby joins Canada and Mexico counterparts in call to uphold NAFTA

The Globe and Mail - June 7, 2017

A large business lobby based in the U.S. is teaming up with its Canadian and Mexican counterparts to try and persuade U.S. President Donald Trump to preserve NAFTA. Read more.


Global Affairs Canada seeks comments on NAFTA renegotiations

Osler, Hoskin & Harcourt LLP - June 6, 2017

On June 3, 2017, Global Affairs Canada published in the Canada Gazette a notice inviting submissions from the public on the renegotiation and modernization of the North American Free Trade Agreement (NAFTA). Read more.


America first and increased enforcement of U.S. trade laws

Osler, Hoskin & Harcourt LLP - June 6, 2017

On May 23, 2017, U.S. Commerce Secretary Wilbur Ross announced a $113.5-million funding request for the Commerce Department, which would include an additional $3.8 million to the Bureau of Industry and Security (BIS). Read more.


Trade Case Alert: U.S. global solar panels safeguard investigation

Osler, Hoskin & Harcourt LLP - June 6, 2017

The U.S. International Trade Commission notified the World Trade Organization’s Committee on Safeguards that it initiated an investigation into imports of crystalline silicon photovoltaic cells under Section 201 of the Trade Act of 1974. Read more.


Trade Case Alert: Termination of the NAFTA Chapter 19 panel review on gypsum board confirms anti-dumping import duties for Western Canada shipments

Osler, Hoskin & Harcourt LLP - June 6, 2017

The NAFTA Chapter 19 binational panel proceeding on certain gypsum board originating in or exported from the United States was terminated, as the complainants USG Corporation and CGC Inc. withdrew their request for panel review. Read more.


Ontario is ready for new NAFTA negotiations, Wynne says

The Toronto Star - June 5, 2017

Ontario Premier Kathleen Wynne says that the province is well positioned for NAFTA renegotiations with the Trump administration. Read more.


Canada seeks business input on NAFTA renegotiation priorities

Bloomberg BNA - June 5, 2017

Canadian businesses should take advantage of the opportunity to provide input on the Canadian government’s priorities during NAFTA renegotiations, Osler partner Riyaz Dattu tells Bloomberg BNARead more.


Canadian auto sector divided on approach to NAFTA

The Globe and Mail - June 4, 2017

Osler partner Riyaz Dattu says rules of origin for goods manufactured in North America — including auto parts — and government procurement will likely be at the forefront of the North American Free Trade Agreement (NAFTA) renegotiations, according to an article in The Globe and Mail. Read more.


A more inclusive, multilateral approach to trade

Institute for Research on Public Policy - May 31, 2017

Canada needs a more inclusive trade policy agenda that promotes international connectivity, according to this article, which is in contrast to the protectionism espoused by the Trump administration in the U.S. Read more.


U.S. commerce chief Wilbur Ross says the hope is to finish NAFTA talks by early January

Financial Post - May 31, 2017

Wilbur Ross, U.S. Commerce Secretary, targeted early January as the timeframe within which he’d like to complete the renegotiation of the North American Free Trade Agreement. Read more.


Canada, Italy embrace EU trade deal as response to U.S. isolationism

CBC News - May 30, 2017

Canadian Prime Minister Justin Trudeau praised CETA as having the potential to create jobs and stimulate economic growth. Read more.


NAFTA renegotiations set in motion with President Trump’s final notice to Congress

Osler, Hoskin & Harcourt LLP - May 29, 2017

On May 18, U.S. Trade Representative Robert Lighthizer submitted to U.S. Congress the final notice outlining U.S. President Donald Trump’s intention to begin renegotiating NAFTA. What are the implications for cross-border trade and Canadian businesses? Read more.


Implementation of CETA is imminent: Are you ready?

Osler, Hoskin & Harcourt LLP - May 29, 2017

The federal legislation to implement Canada’s rights and commitments under the Canada-EU Comprehensive Economic and Trade Agreement (CETA) was granted Royal Assent on May 16. Provisional implementation is imminent. Is your organization prepared for the transition? Read more.


Trade Case Alert: Canadian anti-dumping duties imposed for certain fabricated industrial steel components from China, Korea and Spain

Osler, Hoskin & Harcourt LLP - May 29, 2017

On May 25, 2017, the Canadian International Trade Tribunal (CITT) announced the domestic industry had been injured due to certain dumped and subsidized fabricated industrial steel components exported from China, Korea and Spain. This will result in duties imposed on these products as of January 25, 2017 and for a period of five years, and possibly longer. Read more.


NAFTA’s defining feature may be at death’s door

Law360 - May 24, 2017

In this article, Osler partner Riyaz Dattu explains some of the U.S. government’s reservations over Chapter 19 of the North American Free Trade Agreement. Read more.


Canada dives deep into data to make case to U.S. on NAFTA, says Freeland

CBC News - May 23, 2017

The Canadian federal government is drawing on digital data to outline what it says are the benefits to the U.S. in trading with Canada, according to Foreign Affairs Minister Chrystia Freeland. Read more.


Chambers of Commerce looking for feedback on NAFTA renegotiation

Global News - May 23, 2017

U.S. President Donald Trump’s commitment to renegotiating NAFTA has left Chambers of Commerce across Canada scrambling to figure out the potential implications of any changes to the current deal. Read more.


U.S. carmaker lobby wants rules of origin left intact in NAFTA talks

Reuters - May 23, 2017

A U.S.-based automakers group says it favours keeping NAFTA’s rules of origin intact. Read more.


Canada, 10 other countries to move forward on new TPP after U.S. withdrawal

CTV News - May 21, 2017

Canada, along with 10 other countries, agreed to re-evaluate the Trans-Pacific Partnership, which had hit a major roadblock after the U.S. pulled out of the pact in January. Read more.


90 days and counting: What triggering the NAFTA talks means for Canada

National Post - May 18, 2017

Osler partner Riyaz Dattu speaks to the National Post, offering insight and analysis regarding five things you need to know about the 90-day NAFTA renegotiation countdown. Read more.


Trump administration writes Congress to officially trigger NAFTA renegotiation

CBC News - May 18, 2017

Canada’s Foreign Affairs Minister Chrystia Freeland responded to the Trump administration’s official calls to renegotiate NAFTA by saying Canada needs to “integrate progressive, free and fair approaches to trade and investment.” Read more.


Trump administration sends NAFTA renegotiation letter to Congress

CNBC - May 18, 2017

The Trump administration has sent a letter to Congress identifying its intent to begin the process of renegotiating the North American Free Trade Agreement. Read more.


Robert Lighthizer sworn in as the U.S. Trade Representative — What’s ahead?

Osler, Hoskin & Harcourt LLP - May 18, 2017

On Monday, May 15, 2017, Robert Lighthizer was sworn in as U.S. Trade Representative, after the U.S. Senate confirmed his nomination by President Donald Trump, following a lengthy process. What does this mean for NAFTA renegotiations? Read more.


Chinese semiconductors may be the next target of a national security probe

Osler, Hoskin & Harcourt LLP - May 18, 2017

U.S. Commerce Secretary Wilbur Ross recently suggested that a national security review of the importation of Chinese semiconductors may be launched under section 232(b) of the Trade Expansion Act of 1962. How will this affect the global semiconductor industry and users? Read more.


Trade Case Alert: Canadian anti-dumping and countervailing investigation initiated for silicon metal from Brazil, Kazakhstan, Malaysia, Norway and Thailand

Osler, Hoskin & Harcourt LLP - May 18, 2017

On February 20, 2017, the Canada Border Services Agency initiated anti-dumping and countervailing investigations, pursuant to the Special Import Measures Act related to allegations of dumping of silicon metal originating in or exported from Brazil, Kazakhstan, Lao People’s Democratic Republic, Malaysia, Norway and Thailand. Read more.


Chrystia Freeland heading to Mexico to talk NAFTA next week

Global News - May 17, 2017

Chrystia Freeland, Canada’s Foreign Minister, said she would travel to Mexico next week to talk about renegotiating the North American Free Trade Agreement, in the wake of U.S. President Donald Trump’s calls for major changes to the pact. Read more.


U.S. considering currency clause for NAFTA, trade deals: Wyden

The Globe and Mail - May 17, 2017

The Trump administration is considering a trade currency clause in NAFTA renegotiations that could serve as a template for future trade deals, according to U.S. Senator Ron Wyden. Read more.


Canada to remain ‘firm’ as Donald Trump eyes massive NAFTA changes

Global News - May 14, 2017

Canada’s Trade Minister Francois-Philippe Champagne says Canada will remain “firm” in the face of U.S. President Donald Trump’s vow to renegotiate the North American Free Trade Agreement. Read more.


Freeland expects U.S. to trigger NAFTA consultation period soon

CTV News - May 13, 2017

Chrystia Freeland, Canada’s Foreign Affairs Minister, expects to meet with U.S. Trade Representative Robert Lighthizer “very soon,” and she also expects the NAFTA pre-negotiation process to begin quickly. Read more.


U.S. withdrawal from NAFTA is back on table: Wilbur Ross

The Globe and Mail - May 9, 2017

U.S. Commerce Secretary Wilbur Ross says the Trump administration may tear up NAFTA in favour of separate deals with Canada and Mexico. Read more.


Dispute settlement and key improvements in the CFTA government procurement rules

Osler, Hoskin & Harcourt LLP - May 8, 2017

One of the major benefits that Canadian businesses should expect from the Canadian Free Trade Agreement (CFTA) is expanded business opportunities to supply federal, provincial and territorial governments. Will internal trade barriers be brought down? Read more.


SCOTUS rejects expropriation claim: The alternative of using BITs for investment protection

Osler, Hoskin & Harcourt LLP - May 8, 2017

The U.S. Supreme Court unanimously dismissed at an initial stage an expropriation claim by plaintiffs alleging the Venezuelan government had unlawfully expropriated the subsidiary’s oil rigs. Canadian companies should heed this landmark case. Read more.


Boeing launches trade remedies petition against Bombardier

Osler, Hoskin & Harcourt LLP - May 8, 2017

Boeing has submitted a trade remedies petition to the U.S. Department of Commerce seeking the imposition of antidumping and countervailing duties against Bombardier. The context of this petition could have widespread ramifications for Canadian industries beyond civil aircraft. Read more.


Trump calls it a ‘disaster,’ but top experts are saying TPP might still happen without him

CNBC - May 8, 2017

The other 11 members of the Trans-Pacific Partnership (TPP) trade deal appear set to revive the pact without the U.S., experts at the Institute of International Finance said. Read more.


Trudeau says he will work closely with French president-elect Macron to implement CETA

The Council of Canadians - May 7, 2017

Canadian Prime Minister Justin Trudeau says he will work closely with French President-elect Emmanuel Macron to implement the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). Read more.


Trump’s NAFTA threats push Mexico to play catchup on innovation

Bloomberg Politics - May 4, 2017

U.S. President Donald Trump’s threats to pull his country out of the North American Free Trade Agreement are giving Mexico an incentive to build businesses that create value through research and design. Read more.


Watchdog calls CETA economic boon to Canada

Baystreet.ca - May 3, 2017

Canada’s budget watchdog says the Canada-European Union Comprehensive Economic and Trade Agreement will produce “modest” economic gains for the country. Read more.


Canada has less leverage than Mexico in a possible NAFTA renegotiation, experts warn

National Post - May 2, 2017

Canada’s position going into U.S. President Donald Trump’s proposed NAFTA renegotiations is less advantageous than that of Mexico, according to experts. Read more.


Trans-Pacific Partnership salvage talks face a tall order as its 11 nations converge on Canada

Financial Post - May 2, 2017

Senior trade officials and negotiators from 11 Pacific Rim nations converged in Toronto to discuss the possibility of salvaging the Trans-Pacific Partnership in the wake of the U.S. pulling out of the proposed deal. Read more.


Canada goods exports to jump by 6% this year, agency says, downplaying threat to NAFTA

Financial Post - May 2, 2017

Strong commodity prices mean the value of Canadian goods exports will jump 6% in 2017 after a drop last year, Canada’s export credit agency said on Tuesday, playing down possible disruption to NAFTA. Read more.


Donald Trump’s trade war kicks off fresh doubts over the future of NAFTA

The Telegraph - May 1, 2017

After the U.S. Department of Commerce announced softwood lumber tariffs on Canadian companies last week, speculation is mounting about the future of the North American Free Trade Agreement. Read more.


International trade brief: The impact of softwood lumber tariffs on Canadian companies

Osler, Hoskin & Harcourt LLP - April 28, 2017

In this brief, we discuss the U.S. Department of Commerce announcing the imposition of preliminary countervailing duties on allegedly subsidized softwood lumber imports from Canada. Read more.


The Trump administration’s investigation of the impact of steel imports on U.S. national security grounds

Osler, Hoskin & Harcourt LLP - April 28, 2017

We talk about U.S. President Donald Trump signing an executive memorandum directing the Secretary of Commerce, Wilbur Ross, to use a rarely invoked U.S. trade law provision to investigate whether steel imports pose a threat to U.S. national security. Read more.


Trump rules out swift NAFTA exit in favour of renegotiation

Bloomberg - April 27, 2017

U.S. President Donald Trump said he won’t pull the United States out of the North American Free Trade Agreement at this time, and instead talked about ways to renegotiate the deal. Read more.


Donald Trump may be considering pulling out of NAFTA: reports

Toronto Star - April 26, 2017

According to media reports, U.S. President Donald Trump is considering pulling out of the North American Free Trade Agreement entirely. Read more.


Trump’s ‘Buy American, Hire American’ has trade lawyers and clients contemplating next move

Legal Feeds - April 25, 2017

U.S. President Donald Trump’s “Buy American, Hire American” executive order is leaving many Canadian companies with cross-border business ties questioning what’s next. Osler partner Riyaz Dattu comments. Read more.


Trump team signals broader renegotiation of NAFTA

Toronto Sun - April 25, 2017

U.S. President Donald Trump’s complaints against Canada’s dairy and lumber industries over the past several days could signal a wider NAFTA renegotiation is on the horizon. Read more.


Canada braces for ‘tough times’ in U.S. lumber dispute

Toronto Star - April 25, 2017

Canada’s Natural Resources Minister Jim Carr said that Canadian job losses are likely in the wake of the U.S. administration’s announcement it will impose significant duties of up to 24% on lumber imports. The federal government says it will support workers in the lumber industry as the latest flare-up in the trade skirmish with the U.S. escalates. Read more.


'Another bad act on the part of the Canadians’: Trump administration launches punitive tariffs on Canadian lumber

The Washington Post - April 25, 2017

U.S. President Donald Trump’s administration announced it will impose a 20% tariff on Canadian softwood lumber, in the administration’s first major trade action against Canada. Read more.


Donald Trump says what Canada has ‘done to our dairy farmers is a disgrace’

The Toronto Star - April 20, 2017

U.S. President Donald Trump said Canada was “taking advantage” of U.S. workers, and denounced the North American Free Trade Agreement as a “disaster.” Read more.


International trade brief: Trump’s "Buy American, Hire American" Executive Order, the transition towards CFTA and more

Osler, Hoskin & Harcourt LLP - April 20, 2017

In this brief, we discuss the CFTA’s forward-looking initiatives, U.S. President Donald Trump’s “Buy American, Hire American” Executive Order, and more. Read more.


Trump’s latest Buy American order mostly rhetoric but could harm Canadian businesses: experts

National Post - April 18, 2017

U.S. President Donald Trump’s new Buy American policies could hurt Canadian businesses, according to some experts. Read more.


Donald Trump signs ‘Buy American, Hire American’ order

Financial Times - April 18, 2017

U.S. President Donald Trump signed an executive order aimed at forcing U.S. government agencies to buy more domestically produced products. Read more.


Trump targets ‘unfair’ Canadian dairy rules in fiery trade speech

CBC - April 18, 2017

While promoting his “Buy American, Hire American” policies, U.S. President Donald Trump took aim at Canadian dairy regulations, saying that NAFTA trade rules between the U.S. and Canada are a “total disaster” for the U.S. Read more.


International trade brief: The Canadian Free Trade Agreement, the U.S.-China 100-day plan and more

Osler, Hoskin & Harcourt LLP - April 17, 2017

In this brief, we discuss the new Canadian Free Trade Agreement, comprehensive trade dialogue between the U.S. and China, and how the now defunct TPP provisions could find their way into the NAFTA renegotiations. Read more.


Canada open to digital trade adds in NAFTA renegotiation

Bloomberg - April 14, 2017

Canada is open to adding digital commerce to NAFTA and using data provisions already negotiated as a starting point. Read more.


Meeting with U.S. NAFTA point man Ross ‘reassuring’: Ambrose

The Globe and Mail - April 11, 2017

Canada’s Opposition leader Rona Ambrose says she is feeling reassured after discussing the Canada-U.S. business relationship with U.S. President Donald Trump’s trade point man and Commerce Secretary Wilbur Ross. Read more.


Trump team frustrated by go-slow approach on NAFTA by U.S. Congress

CTV News - April 9, 2017

U.S. Commerce Secretary Wilbur Ross says he wants U.S. lawmakers to pick up the pace in launching the NAFTA renegotiation process. Read more.


International trade brief: Trump administration takes aim at Chapter 19 of NAFTA, U.S. wish list for NAFTA renegotiations and more

Osler, Hoskin & Harcourt LLP - April 6, 2017

In this week’s brief, we look at the U.S. administration’s wish list for NAFTA renegotiations — along with the draft notice and its parallels to the Trans-Pacific Partnership — the Trump administration taking aim at Chapter 19 of NAFTA, the U.S. border tax proposal, as well as the NAFTA Rules of Origin. Read more.


International trade brief: President Trump’s trade enforcement budget, Lighthizer’s confirmation hearing as U.S. Trade Representative and more

Osler, Hoskin & Harcourt LLP - March 29, 2017

We look at President Trump’s trade enforcement budget, how Robert Lighthizer’s confirmation as U.S. Trade Representative will impact cross-border trade, and Canada’s NAFTA chapter 11 win. Read more.


Liberal green light for Chinese takeover deal a turning point for Canada: experts

The Globe and Mail - Mar 28, 2017

Peter Glossop, a partner in Osler’s competition and foreign investment group, tells The Globe and Mail that Prime Minister Justin Trudeau’s government appears willing to consider investments by firms with ties to China. Read more.


OFAC fines China-based ZTE $1.2 billion: Implications for Canadian companies

Osler, Hoskin & Harcourt LLP - March 27, 2017

On March 7, 2017, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a record-breaking fine against Chinese telecommunications giant ZTE Corp. and its subsidiaries as part of a settlement following a five-year joint investigation by the Departments of Treasury, Commerce, and Justice. Canadian companies, whether in the financial sector or other sectors that have links to the U.S., that incorporate U.S. components or technology in their products, or use U.S. currency in their transactions, can be subject to investigation and possibly enforcement action under several U.S. trade and anti-terrorism laws. Read more.


Canada’s NAFTA arbitration victory is a win for sovereignty and fair trade

Osler, Hoskin & Harcourt LLP - March 23, 2017

Proponents of sovereignty and fair trade can finally breathe a sigh of relief. Last week, the Canadian Government emerged victorious in its five-year battle with Lilly. With over $15 million in legal bills between the parties, a NAFTA tribunal found no merit to Lilly’s claims and awarded approximately $5 million in costs to Canada. The good news is that we no longer need to worry that trade tribunals will become supranational courts of appeal over domestic property law disputes. Read more.


International trade brief: Timing for NAFTA renegotiations, the TPP summit in Chile and the U.S. border tax

Osler, Hoskin & Harcourt LLP - March 22, 2017

We look at the Canadian government’s response to NAFTA renegotiations, how TPP provisions could shape NAFTA renegotiations, and the issues with the proposed U.S. border tax. Read more.


With CETA, Canada and the EU face protectionism as strategic partners

The Globe and Mail - March 19, 2017

The Comprehensive Economic and Trade Agreement is an ambitious deal that helps Canada and the EU face the threat of rising protectionism in global trade pacts. Read more.


International trade brief: President Trump’s trade policy agenda, “tweaking” Canada-U.S. bilateral relationship and more

Osler, Hoskin & Harcourt LLP - March 16, 2017

We look at the Trump administration’s recently released trade policy agenda document, the administration’s indication that it will ignore international trade rules and rulings it disagrees with, and the next steps for “tweaking” the Canada-U.S. bilateral relationship in the NAFTA renegotiations. Read more.


Trans-Pacific Partnership members look for ‘progressive’ way forward

The Globe and Mail - March 15, 2017

The remaining members of the TPP are seeking ways to move forward on the trade pact in the wake of the U.S. pulling out of the deal. Read more.


NAFTA renegotiations: Key issues to consider

Osler, Hoskin & Harcourt LLP - March 14, 2017

There are several key issues Canadian businesses who engage in cross-border commerce need to consider with respect to potential amendments to NAFTA. The following is a list of some of these issues. Read more.


The Canada-Europe Free Trade Agreement: Advantages for Canadian and European businesses

Osler, Hoskin & Harcourt LLP - Feb 27, 2017

After some difficult last minute negotiations, the Canada-European Union Comprehensive Economic and Trade Agreement (CETA or the Agreement) is now awaiting final implementation. CETA presents important business opportunities for Canadian and EU businesses. CETA will confer significant tariff and non-tariff trading advantages over competitors in countries who are not entitled to the benefits of CETA. In addition, CETA can also potentially benefit EU and non-EU companies who invest in Canada and then use Canada as a “gateway” to conduct business on a free trade basis in both North America (using the North American Free Trade Agreement or NAFTA) and the EU (using CETA). Read more.


Freeland’s statement standing by Mexico on NAFTA suggests politeness not policy, says Trade expert

Financial Post - February 22, 2017

Chrystia Freeland, Canada’s Foreign Affairs Minister, said that Canada won’t negotiate with U.S. President Donald Trump on NAFTA without Mexico, but some experts say that may just be posturing. Read more.


Without TPP, Canada looks for new Asian trade deal

Global News - February 22, 2017

Canada is looking for a new “coalition of the willing” for trade links in Asia after U.S. President Donald Trump decided to kill the Trans-Pacific Partnership. Read more.


CETA to cost average working Canadian $2,460 in lost income: report

The Huffington Post - February 21, 2017

A new report says the Comprehensive Economic and Trade Agreement (CETA) was made on the basis of unrealistically optimistic economic models. Read more.


Against all odds, CETA, Canada’s trade deal with Europe, moves forward. Now what?

The Globe and Mail - February 15, 2017

The Comprehensive Economic and Trade Agreement (CETA) passed its last major hurdle and was approved by the European Parliament. Read more.


CETA: EU approves trade deal with Canada

Global News - February 15, 2017

The European Union’s parliament approved the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), and the free-trade pact is now pending approval in Canada. CETA would reduce and ultimately eliminate tariffs between Canada and the EU. Read more.


Trump says NAFTA deal with Canada will only be 'tweaked'

CTV News - February 13, 2017

After his first official meeting with Canadian Prime Minister Justin Trudeau in February, U.S. President Donald Trump said he would only “tweak” NAFTA with Canada but that he had more extensive changes to make with Mexico. Read more.


Trump withdraws from TPP, but offers Canada hope on NAFTA

The Globe and Mail - January 23, 2017

U.S. President Donald Trump made good on his campaign promise, officially pulling the United States out of the 12-country Trans Pacific Partnership in January. Read more.


‘We want an open market’: Why it’s time for Canada to tear down its (dry)walls

Osler, Hoskin & Harcourt LLP - January 20, 2017

Having anti-dumping measures in place between Canada and the United States is “one of the failures of” the North American Free Trade Agreement (NAFTA), Osler international trade law expert Riyaz Dattu tells Financial Post. Read more.


Auto sector gears up for potential changes to NAFTA’s rules of origin

Osler, Hoskin & Harcourt LLP - January 18, 2017
Changes to the rules of origin under the North American Free Trade Agreement (NAFTA) could “wreak havoc on supply chains,” especially in the auto sector, Osler international trade law expert Riyaz Dattu tells The Globe and Mail. Read more.


Trump names China critic Lighthizer as U.S. trade representative

Reuters - January 3, 2017
U.S. President Donald Trump named Robert Lighthizer, who is a critic of China’s trade practices, as the chief trade representative for the U.S. Read more.


A note on the impact of the Trump presidency on cross-border businesses

Osler, Hoskin & Harcourt LLP - November 10, 2016

The election of Donald Trump as U.S. President could have a profound impact on both U.S. and domestic foreign policy. One of the areas where we anticipate profound and early refocusing is tax policy. With republicans controlling the House of Representatives and the Senate, as well as the White House, the prospects for meaningful domestic and international tax reform are strong. Here we analyze the impact on Trump’s presidency on cross-border business. Read more.


Trumpism doesn't play in Canada, which just eased foreign takeover rules — Bloomberg

Osler, Hoskin & Harcourt LLP - November 4, 2016

Prime Minister Justin Trudeau’s plan to ease foreign takeover rules signals Canada is opening its doors to more foreign direct investment, according to an article in Bloomberg. Osler partner Peter Glossop comments on the implications for Canadian business. Read more.


Investment court plan gets mixed reviews

Osler, Hoskin & Harcourt LLP - April 12, 2016

A recent article by Luis Millan in The Lawyers Weekly examines the pros and cons of the new court-like system that has been introduced for settling disputes between investors and states under the European Union-Canada Comprehensive Economic and Trade Agreement (CETA). Osler’s Riyaz Dattu offers his insight. Read more.


TPP and CETA: Landmark trade deals that Canadian businesses need to understand

Osler, Hoskin & Harcourt LLP - December 9, 2015

The Canada-EU Comprehensive Economic and Trade Agreement (CETA), which was entered into in 2014, is part of the previous federal government’s Global Market Action Plan to diversify Canada’s international trade and investment relationships. Osler’s Riyaz Dattu and Nathaniel Lipkus offer in-depth analysis. Read more.


Osler IP expert discusses the intellectual property provisions of TPP

Osler, Hoskin & Harcourt LLP - November 17, 2015

Osler partner Nathaniel Lipkus provides commentary on the intellectual property provisions of the Trans-Pacific Partnership, a multilateral agreement covering 40 % of the global economy. Read more.


Analysis of the Canada-EU Comprehensive Economic and Trade Agreement: A call for revising strategic business plans

Osler, Hoskin & Harcourt LLP - November 2013

Businesses looking to fully and effectively compete in the global marketplace need to monitor ever-changing trade rules and incorporate these rules into their strategic business plans. Few, if any, major Canadian businesses can avoid being buffeted by the rising and shifting tides of global trade, including NAFTA and CETA. Read more.


Landmark Canada/EU trade agreement could have major implications for miners

Osler, Hoskin & Harcourt LLP - October 23, 2013

A major trade agreement between Canada and Europe could provide significant protection from expropriation, among other things, to Canadian companies investing in Europe and vice versa. Probably the most significant development in the Comprehensive Economic and Trade Agreement (CETA) for miners on both sides of the Atlantic is the inclusion of an investor-state provision that, in practice, ensures foreign companies a process to recoup damages in cases of expropriation or instances where political process is grossly discriminatory against a foreign company. Read more.


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Key Contacts

Riyaz Dattu

Riyaz Dattu
rdattu@osler.com
tel: 416.862.6569

Peter Glossop

Peter Glossop
pglossop@osler.com
tel: 416.862.6554

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