Tax & Trade Blog

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TCC POWERLESS OVER CRA COLLECTIONS

CRA FREE TO GARNISH UNREMITTED GST/HST - EVEN WITH TCC APPEAL PENDING

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In the recent Tax Court of Canada (“TCC”) decision Harris v. The King, 2026 TCC 89 (“Harris”), a taxpayer assessed for unremitted GST/HST learned the hard way about the Canada Revenue Agency’s (“CRA”) extremely broad Collection Rights.

In this Tax Audits Series we review the Harris decision and the key differences it highlights between the CRA’s ability to collect GST/HST debts and Income Tax debts – and why it demonstrates that retaining Experienced Tax Counsel at the front-end of the audit process can help avoid harsh collections action later on.

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NEW CRA GUIDANCE ON PROVINCE OF SUPPLY

CRA’S POLICIES ON PROVINCE OF SUPPLY RULES NOW FOUND IN NEW D-MEMO SERIES

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Determining the province in which a supply occurs is a fundamental requirement for GST/HST compliance, because it dictates the applicable tax rate: 5% GST, 13% GST/HST in Ontario, 14% GST/HST in Nova Scotia, or 15% GST/HST in the remaining Atlantic provinces.

The rules for determining the provincial place of supply have not changed, but the Canada Revenue Agency (“CRA”) recently updated its applicable published guidance on these rules, meaning there are now new sources to be consulted when dealing with these issues.

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DIRECTORS’ LIABILITY FOR UNREMITTED GST/HST

RESIGNING AS DIRECTOR TO AVOID CORPORATE INDIRECT TAX LIABILITY A TRICKY TASK

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The GST/HST framework under the Excise Tax Act (“ETA”), as with other indirect tax regimes (like federal and provincial alcohol, tobacco and vaping taxes) includes “directors’ liability” provisions that are triggered when the corporation does not have the money to pay an assessed amount. Most of these systems have “statutory limitation rules” and “due diligence defences” which may limit liability, but these rules are extremely tricky to apply in practice.

We review these in a two-part series here, with reference to the helpful recent case Stevens v. The King, 2026 TCC 76 (“Stevens”), which revolves around this directors’ liability framework.

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THE DUE DILIGENCE DEFENCE & DIRECTORS’ LIABILITY

PROVING DUE DILIGENCE TO AVOID DIRECTORS’ GST/HST LIABILITY NO EASY FEAT!

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The GST/HST framework under the Excise Tax Act (“ETA”), as with other indirect tax regimes (like federal and provincial alcohol, tobacco and vaping taxes) includes “directors’ liability” provisions that are triggered when the corporation does not have the money to pay an assessed amount. Most of these systems have “due diligence defences” and “statutory limitation rules” which may limit a director’s liability, but these rules are tricky to apply in practice.

We review these rules in a two-part series, with reference to the recent case Stevens v. The King, 2026 TCC 76 (“Stevens”), which revolves around this directors’ liability framework.

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UNCLAIMED GST ITCs ALLOWED ON REASSESSMENT

TCC CONFIRMS CRA MUST ACCOUNT FOR UNCLAIMED CARRIED-FORWARD ITCs

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In a long-running GST/HST issue, the question has been whether the Minister’s obligation to “audit to net tax” requires CRA to take into account ALL unclaimed Input Tax Credits (“ITCs”) carried forward to a particular reporting period under audit. In the past, CRA maintained that its obligation under section 296(2) of the Excise Tax Act (“ETA”) only required it to allow unclaimed ITCs for the particular reporting period under audit and not any that may have then remained unclaimed from prior periods.

In a seismic decision of Justice Visser of the Tax Court of Canada ("TCC"), the TCC has now answered that question in favour of all Canadian GST registrants — a decision which we review below.

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SIMA 裁定：碳钢紧固件

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SIMA Ruling: Carbon Steel Fasteners

For the English Version of this Report, please click here.

2023年9月29日，加拿大边境服务署 (CBSA) 发布了一项 范围裁定， 认定 National Nail公司 的 隐藏式露台螺钉属于加拿大国际贸易法庭 (CITT) 发布的期终复审令所涵盖的货物范围。该复审令涉及来自中国及中国台北的某些碳钢紧固件的倾销，以及来自中国的某些碳钢紧固件的补贴。

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钢板桩用钢管反倾销措施期终复审！

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Steel Piling Pipe Expiry Review!

For the English Version of this Report, please click here.

2023年3月13日，加拿大国际贸易法庭（CITT）发布 通告，称其正对原产于或出口自中国的某些钢板桩管启动期终复审。任何希望参与该期终复审的人，必须在 2023年3月28日前提交参与通知！

国内生产商和出口商均应考虑参与该期终复审，因为对于未取得正常价值的货物，目前的反倾销税 (ADDs) 为 96.4%，反补贴税 (CVD) 为每公吨 641.35 元人民币！

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CANADA EXTENDING SURTAX REGIMES

DOF CONFIRMS EXTENSIONS INCOMING ON STEEL SURTAXES & RELATED RELIEF

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A recent Department of Finance Canada (“DOF”) news release has confirmed that Canada will be extending certain steel surtaxes and horizontal tariff relief for imported steel goods. The putative aim behind these extensions is to “defend steel workers and industry against steel trade diversion” and “provide producers and importers with greater business predictability and longer-term certainty”.

In this Steel Industry Report, we review which surtaxes and remission categories are set to be extended in the near future.

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WILFUL BLINDNESS: SAME AS ACTUAL KNOWLEDGE

TO TAXPAYER'S CHAGRIN, "SHOULD HAVE KNOWN" SAME AS KNOWLEDGE

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In over 35 years of tax practice, we have had more than a few inquiries from taxpayers facing CRA Audits and Assessments maintaining that they did not actually know they were non-compliant with their tax obligations. The doctrine of “wilful blindness” is something that these taxpayers would have benefitted from understanding: that is the ability that Canada Revenue Agency (“CRA”) and the Tax Court of Canada (“TCC”) have to equate “knowledge” with “information that the taxpayer should have known but was perhaps ‘wilfully blind’ to”.

In this Tax Audit Series Report, we discuss the doctrine of “wilful blindness” and a recent TCC decision that upheld some $1.3 million in penalties and interest, on the basis that the taxpayer was wilfully blind to his tax non-compliance.

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PROVISIONAL DUTIES ON FORGED GRINDING MEDIA

CBSA ISSUES PRELIMINARY DETERMINATION ON FORGED GRINDING MEDIA FROM CHINA

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On May 25, 2026, the Canada Border Services Agency (“CBSA”) released a notice of its preliminary determination of dumping and subsidizing in respect of forged grinding media originating in or exported from the People’s Republic of China (the “Subject Goods”). Provisional duties are now imposed on imports of the Subject Goods released from the CBSA on or after May 25, 2026.

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GST 201: BAD DEBT GST RECOVERY HAS STRICT RULES

SEVERAL CONDITIONS MUST BE MET TO RECOVER TAX PAID ON UNCOLLECTIBLE DEBT

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For businesses dealing with unpaid invoices, section 231 of the Excise Tax Act (ETA) offers a vital form of relief: the ability to recover GST/HST previously remitted on debts that have become uncollectible. However, as the recent Tax Court of Canada (TCC) decision Heydary Green Professional Corporation v. The King, 2026 TCC 69 (“Heydary”) demonstrates, this relief is only available to those who strictly adhere to the ETA’s technical requirements.

In this GST 201 Series blog, we review section 231 and the statutory rules for bad debts, as well as what Heydary shows about the process that must be followed to benefit from this section.

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CITT FINDING: DUMPING OF OCTG – AGAIN!

OCTG FROM MEXICO, THE PHILIPPINES, TÜRKIYE, SOUTH KOREA & USA

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On April 21, 2026, the Canadian International Trade Tribunal (the “CITT”) announced its Finding in Inquiry NQ-2025-007 (the “Finding”) reporting that the dumping of Oil Country Tubular Goods (“OCTG”) originating in or exported from the United Mexican States, Republic of the Philippines, and originating in the following countries (the “Subject Goods”):

• the Republic of Türkiye (by or on behalf of Borusan Mannesmann Boru Sanayi ve Ticaret A.Ş.);
• the Republic of Korea (by or on behalf of Hyundai Steel Company); and
• the United States of America (by or on behalf of Tenaris S.A).

New Anti-Dumping Duties (“ADDs”) now apply to the Subject Goods imported into Canada and released after April 21, 2026.

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AUDIT WAIVERS: GENERALLY A BAD IDEA?

AGREEING TO WAIVING AN AUDIT LIMITATION PERIOD COMES WITH SEVERAL RISKS

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When it comes to Tax Audits, most Tax Auditors — whether the federal Canada Revenue Agency (CRA) or its counterparts auditing for tobacco, fuel or other provincial compliance matters — are operating with one particular deadline in mind: a three or four-year limitation period governing what the Auditor can review and assess.

When Tax Audits are conducted late in that period, Tax Auditors will typically request Audit Waivers to provide themselves with additional time to complete their audits and issue assessments.

In this Tax Audits Series Report, we review what Audit Waivers are, how they operate, and why they can often be a very bad idea for the taxpayers and businesses agreeing to them.

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EMPLOYER HEALTH TAX: RELATED PARTY RULES

INCOME TAX RULES REIGN, BUT AS INTERPRETED BY ONTARIO?

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Ontario’s Employer Health Tax Act (the “Act” and the “EHT”) regime contains important associated-employer and related-party rules impacting things like EHT Exemptions and the calculation of payroll thresholds, as well as ultimate EHT liability. While the rules borrow heavily from Income Tax Act (“ITA”) definitions and concepts, the application of the rules in the EHT context is not always straight-forward and often influenced by administrative interpretation.

In this Indirect Tax Report, we review the EHT associated-employer variation of these rules and highlight practical difficulties arising when income tax concepts are applied for provincial purposes.

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LEGAL QUESTION – SHOOULD YOU ASK AN AI?

PITFALLS ASSOCIATED WITH USING AI TOOLS FOR "LEGAL SERVICES"

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The use of Large Language Model tools (commonly referred to as “AI”) such as ChatGPT and Claude, is becoming quite common in Canada. But what are the ramifications of using such tools for legal issues, such as legal research, legal advice, and the drafting of legal documents such a contracts, pleadings, or legal submissions?

In this report, we review some of the risks associated with relying on AI tools as a replacement for legal professionals.

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加拿大对中国钢制货架进行调查

反倾销调查或导致加征额外关税

CBSA Investigating Steel Racks from China

Anti-Dumping Investigation Could Impose Additional Duties

For the English Version of this Report, please click here.

2026年4月20日，加拿大边境服务署（CBSA）根据《特别进口措施法》(SIMA) 发布 立案通知 ， 就从中国进口的钢制货架涉嫌倾销行为展开调查。本次调查系由加拿大钢制货架生产商提出的投诉所引发。

本次调查所涉及的货物具体描述如下：

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CBSA INVESTIGATING STEEL RACKS FROM CHINA

ANTI-DUMPING INVESTIGATION COULD IMPOSE ADDITIONAL DUTIES

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On April 20, 2026, the Canada Border Services Agency (“CBSA”) issued a Notice of Initiation of Investigation under the Special Import Measures Act (“SIMA”) in respect of the alleged dumping of steel racks from China. This investigation was prompted by a complaint filed by producers of steel racks in Canada.

Contextual Background

The goods under investigation are more specifically described as:

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GOVERNMENT PROCUREMENT CHALLENGES

REQUIREMENT TO BE LIBERAL PARTY MEMBER, NOT ENOUGH TO TRIGGER SUCCESS?

Yes, this is a bit of clickbait title above – the government contract in question had a requirement that the successful bidder be a member of the Canadian Roofing Contractors Association (“CRCA” and the “Membership Requirement”), and our point is that it could well have required membership in any other organization, even a political one! BUT the Canadian International Trade Tribunal's (“CITT”) refusal to provide relief here is the interesting part.

We review this case below and the tricky nature of challenging government procurement decisions.

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SAFEGUARD INQUIRY: CERTAIN WOOD GOODS

CITT TO DETERMINE WHETHER IMPORTS THREATEN CANADIAN PRODUCERS

On April 21, 2026, the Canadian International Trade Tribunal (“CITT”) issued a Notice of Commencement of Safeguard Inquiry (the “Notice”) under the Canadian International Trade Tribunal Act in respect of imports of certain wood goods (“Subject Goods”). The matter was referred to the CITT by the Government of Canada through an Order in Council on April 20, 2026, which was prompted by a formal request from the Canadian Wood Products Alliance.

Contextual Background

It is worth noting that one potential catalyst for the CITT’s safeguard inquiry into the Subject Goods is the fact that United States (“US”) has placed 25% tariffs on similar wooden products (i.e., upholstered wooden furniture, kitchen cabinets and vanities, etc.) since October 14, 2025, through a Presidential Proclamation. It is possible, if not likely, that many of these products destined for the US market have been diverted to the Canadian market to avoid the US tariffs.

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加拿大对中国钢铁和铝产品征收附加税

加拿大公布最终商品清单！

Canadian Surtax on Chinese Steel/Aluminum

Canada Releases Final List of Goods Subject to 25% Surtax!

For the English Version of this Report, please click here.

2024年10月1日，加拿大政府公布了最终清单，明确哪些商品将被征收针对来自中华人民共和国的钢铁和铝产品的25%附加关税，该措施将于2024年10月22日生效（最终清单)。

该最终清单涵盖的产品范围很广，包括多种由钢铁或铝制成的可被不同行业制造商使用的产品，例如钢锭、平轧卷材、棒材和杆材、挤压型材及型材制品，以及管材管道和空心型材等。