Tax & Trade Blog

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CRA REQUESTS FOR INFORMATION

RFI ONE OF CRA'S MOST POWERFUL TOOLS – AND MAY SOON GET MORE POWERFUL

A Request for Information (RFI) is the Canada Revenue Agency’s (CRA) formal written request for answers and documents which it subsequently uses as the factual foundation of its Audit.

In the previous entry in our Tax Audits Series, we provided practical guidance on responding to initial communications from the CRA. In this entry, we dive deeper into RFIs specifically, which are one of CRA’s most powerful tools in the early stages of an Audit.

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SAFEGUARD INQUIRY: CANNED/FROZEN VEGGIES

 CITT TO DETERMINE WHETHER IMPORTS THREATEN CANADIAN PRODUCERS

On March 16, 2026, the Canadian International Trade Tribunal (“CITT”) issued a Notice of Commencement of Safeguard Inquiry under the Canadian International Trade Tribunal Act in respect of imports of certain canned and frozen vegetables (“Subject Goods”). The matter was referred to the CITT by the Government of Canada through an Order in Council on March 13, 2026, which was prompted by a formal request from the Canadian Association of Vegetable Growers and Processors.

The Subject Goods

The goods under investigation are more specifically described as:

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PROCEDURAL RULES TRUMP INDIGENOUS TAX RIGHTS?

FCA: BEFORE CONSTITUTIONAL RIGHTS ASSERTED, NORMAL PROCESS TO BE FOLLOWED

Our Indirect Tax Practice often involves the intersection of Indigenous Peoples’ rights, especially under sections 87-89 of the Indian Act, and tax legislation.

Below, we review Zachary v. Canada, 2026 FCA 55 (“Zachary”), a recent Federal Court of Appeal (“FCA”) decision ruling that despite the substantive rights afforded by the Indian Act and constitutionally to Canada’s Indigenous Peoples, Status Indians are still required to comply with all “procedural” requirements (e.g. time requirements, Notices of Constitutional Questions, etc.) in the applicable taxing legislation before asserting those substantive rights!

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CBSA INVESTIGATING UNARMOURED BUILDING CABLES

DUMPING OF UNARMOURED BUILDING CABLES FROM CHINA

On March 16, 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 unarmoured building cables from China. This investigation was prompted by a complaint filed by a manufacturer in Quebec.

The goods under investigation are more specifically described as:

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PRELIMINARY DETERMINATION: TRUCK BODIES

CBSA IMPOSES PROVISIONAL DUTIES ON TRUCK BODIES FROM CHINA

On March 6, 2026, the Canada Border Services Agency (“CBSA”) released a notice of its preliminary determination of dumping and subsidizing in respect of truck bodies 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 March 6, 2026.

Background Information

On October 24, 2025, the CBSA issued a Notice of Initiation of Investigation under the Special Import Measures Act (“SIMA”) in respect of the alleged dumping of the Subject Goods, which are defined as follows:

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CITT FINDING: CAST IRON SOIL PIPE

ANTI-DUMPING DUTIES OF 444% ON CAST IRON SOIL PIPE FROM CHINA

On February 6, 2026, the Canadian International Trade Tribunal (the “CITT”) announced its Finding in Inquiry NQ-2025-006 (the “Finding”) reporting that the dumping and subsidizing of cast iron soil pipe having a nominal outside diameter from 1.5 inches to 18 inches, originating in or exported from China (the “Subject Goods”) had caused injury to the domestic industry.

New Anti-Dumping Duties (“ADDs”) and Countervailing Duties (“CVDs”) now apply to cast iron soil pipe imported into Canada and released after February 6, 2026.

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CBSA TARGETTING CHEESE DOG TREATS

IMPORTERS OF DOG TREATS COULD FACE MASSIVE DUTY ADJUSTMENTS

The Canada Border Services Agency (“CBSA”) has listed verifying tariff classifications of cheese treats for dogs (“Cheese Treats”) as one of its compliance priorities for 2026. While it may sound niche, CBSA has identified Cheese Treats as a potential threat to Canada’s supply-managed dairy system, which is one of Canada’s most consequential – and sometimes controversial – trade barriers.

In this Customs & Trade Report, we explain what is behind this strange new CBSA effort, and why impacted importers could face significant financial risk.

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GATHERING DOCUMENTS BEFORE AN AUDIT

 KNOWING WHAT TO PROVIDE IS KEY - BUT MAY REQUIRE EXPERT LEGAL GUIDANCE

Businesses often respond to the initial communications from the Canada Revenue Agency (“CRA”) without much thought. In the early stage of an Audit, the whole process can seem deceptively casual. Handling things this way can be a huge mistake. Knowing what one is – and is not – required to provide the CRA is often critical to how the Audit progress, especially for large businesses.

In this Tax Audits blog, we review some of the more common hazards for taxpayers during this preliminary, seemingly simple stage of the Audit, and illuminate why the information gathering process can be hugely consequential.

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PROVISIONAL DUTIES ON FIBRE TABLEWARE

CBSA IMPOSES PROVISIONAL DUTIES ON THERMOFORMED MOLDED FIBRE TABLEWARE

On February 27, 2026, the Canada Border Services Agency (“CBSA”) released a notice of its preliminary determination of dumping and subsidizing in respect of thermoformed molded fibre tableware originating in or exported from China (the “Subject Goods”).

Provisional duties are now imposed on imports of the Subject Goods released by the CBSA on or after February 27, 2026!

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DIRECT SELLING & CONSUMER PROTECTION

REGULAR REVIEW FOR COMPLIANCE WITH PROVINCIAL RULES RECOMMENDED

Provinces and Territories across Canada have consumer protection laws in place to protect consumers purchasing elsewhere than at a traditional retail store. Among other things, these laws set out certain informational disclosure requirements in sales contracts/order forms of direct selling companies (“DS Contracts”).

Recently there has been an uptick in enforcement action by provincial regulators concerned about DS Contracts which don’t comply with their laws. It is advisable for businesses to review their own contracts for compliance before the regulators come knocking!

Failure to comply with these requirements may grant consumers increased cancellation rights or may result in the regulator imposing fines against the business!

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OECD ADAPTS TO REMOTE WORK ECONOMY

HOME OFFICES AS POTENTIAL PERMANENT ESTABLISHMENTS IN REMOTE WORK ERA

On November 19, 2025, the Organization for Economic Co-operation and Development (“OECD”) released an update to the OECD Model Tax Convention on Income and on Capital (the “2025 Update”).

Among the changes are important clarifications to the Commentary on Article 5, dealing with the meaning of Permanent Establishment (“PE”) – and more specifically directed at helping determine when an individual’s home office may constitute a PE of the enterprise engaging the worker.

In a world increasingly shaped by remote work, changes like these are timely and likely only the beginning of further developments – and tax audits!

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GROWING GST RISK FOR COMMERCIAL BUILDERS?

PRESSURE TO GRANT GST REBATES NOW A HARBINGER OF AUDIT ISSUES TO COME

A good friend who’s a lawyer in the thick of things in the commercial building space recently prognosticated that with all of the pressure on Commercial Builders to close new home and (particularly) condo deals, they have been granting GST/HST New Housing Rebate credits that may not ultimately pass muster.

We review the latent liability risk that may be facing Commercial Builders below.

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BEST PRACTICES FOR FORCED LABOUR REPORTING

CANADA PUBLISHED BEST PRACTICES ADVICE FOR FORCED LABOUR REPORTING

As we wrote here, Canada joined the United Kingdom and Australia last year in adopting a joint global reporting template for forced labour and child labour disclosures. The new template consolidates the legislative reporting requirements of all three countries and is intended to simplify reporting for organizations operating across multiple jurisdictions.

In practice, Canadian reporting entities often face challenges in producing properly scoped reports that align with Public Safety Canada’s expectations. In response, Public Safety Canada (“PSC”) has published "Best Practices" tips and updated resources, aimed at improving report quality and supporting ongoing compliance under the Supply Chains Act.

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SALE OF MIXED USE REAL PROPERTY PROBLEMATIC

ONTARIO COURT IDENTIFIES CHALLENGES OF SELLING RESIDENTIAL / COMMERCIAL PROPERTY

Most real property owners in Canada are aware that their tax obligations may differ depending on whether a property is used for residential (such as renting as a home or apartment) or for commercial purposes (such as renting for business use).

A recent Ontario Superior Court decision identifies problems that can arise from poorly drafted Agreements for Purchase and Sale (“APS”) and highlights the need to obtain proper GST/HST advice before signing such agreements.

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TRUMP'S NEW TARIFFS - NOT HURTING CANADA?

TRUMP TARIFFS DO NOT APPLY TO CUSMA GOODS

Much of the current commentary surrounding the new US tariff measures has overlooked a central point – namely, that broad-based US tariff actions do NOT apply to Canadian-origin goods that properly qualify under CUSMA.

There are certainly some exceptions like in militarily strategic sectors (like steel and aluminum) and in sensitive economic sectors (like automotives and lumber) but the wider narrative suggesting sweeping tariff exposure for Canadian exports to the US is probably overstated. We provide additional insight below.

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BC EXTENDS PST TO NEW SERVICES

PROVINCE ANNOUNCES EXPANSION OF SALES TAX TO PROFESSIONAL SERVICES

British Columbia has recently announced a further expansion of its Provincial Sales Tax (“PST”) base – a move that will not surprise those who have watched the province’s post-HST trajectory.

BC briefly participated in Canada’s Harmonized Sales Tax (“HST”) system in 2010, only to exit following a 2011 referendum and revert to its standalone PST system in April 2013. Since returning to a traditional retail sales tax model, the defining feature of PST policy has been base expansion – likely to help address recent provincial fiscal commitments and infrastructure projects.

We review the latest plan below.

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BATTLE WON BUT TRADE WAR NOT OVER?

US SUPREME COURT RULES INITIAL ROUND OF IEEPA TARIFFS UNLAWFUL

In a major development of the Canada-US Trade War (the “Trade War”), the Supreme Court of the United States (“SCOTUS”) in its decision of Learning Resources, Inc. et al. v. Trump, No. 24–1287 (“Learning Resources”), ruled that President Trump’s initial round of tariffs under the International Emergency Economic Powers Act (“IEEPA”) targeting Canada, Mexico and China are unlawful.

In this report, we provide a brief review of SCOTUS’ decision in Learning Resources, along with some implications for the Trade War moving forward, including President Trump’s potential response.

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AUTOMOTIVE REPORT: TARIFF CHAPTER 87

CBSA'S VERIFICATION AUDITS TARGET VEHICLE TIRES

For many in the automotive industry, there is a temptation to import foreign-made goods (i.e., non-USMCA-qualifying) for use in production processes or as parts and sub-components for vehicles and automotive systems. They are often less costly.

At the same time, many of these imports attract significantly higher duty rates, which can create pressures to classify them under potentially alternative tariff headings with lower rates of duty.

Our recent file experience has demonstrated that this is often a short-lived strategy, as the CBSA’s verification procedures will eventually put these classification decisions to the ultimate test.

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DEVELOPING BIAS DOCTRINE IN CANADA

ONTARIO COURT OF APPEAL: IF BIAS SHOWN, DECISION MUST BE OVERTURNED!

As we have written here before, proving bias tends to be an uphill battle. Because of that, this ground of complaint is rarely pursued in tax or trade appeals. That may be changing, given a recent ruling of the Ontario Court of Appeal (“ONCA”) in a trade remedy case, which confirmed that if a complainant can prove a “reasonable apprehension of bias” in the decision-making process, the entire decision must be overturned!

In this Tax Appeals Series blog, we review that decision and examine the potentially HUGE consequences that can follow.

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NO ITCS FOR CREDIT CARD LOYALTY EXPENSES - FOR BANKS

FCA SKATES FINE LINE: CONCLUDES ITCS FOR PC BANK BUT NOT FOR AMEX!

In a long running tax issue in Canada, the question has been whether Financial Institutions like banks and credit card companies are entitled to take Input Tax Credits (“ITCs”) when incurring Goods and Services Tax (“GST”) on expenses related to associated loyalty point programs. The Tax Court of Canada (“TCC”) has been fairly consistent on this question (answering it in the negative) but the Federal Court of Appeal (“FCA”) has now come to opposite conclusions in two decisions involving PC Bank and Amex points cards.

In its more recent decision in Amex, the FCA seems to have signalled that ITCs are not going to be available where the primary motivation is driving its own credit card business!