Education

University of Toronto, BA (Honours) International Relations, 2007, with distinction Queen's University, JD, 2012 

Bar Admissions

Ontario, 2013

Jessica B. Horwitz

Partner

T: 416.777.6517 / E: horwitzj@bennettjones.com

Toronto


Jessica Horwitz is an advocate and business advisor for Canadian and international clients on complex and high-stakes matters relating to international trade, customs, import and export regulation and economic sanctions.


Jessica works with clients across a broad range of industries to creatively solve problems and resolve disputes concerning imports, exports and international investments. She has expertise in Canadian customs law, trade remedies (anti-dumping and countervailing duties and safeguard measures), cross-border excise taxes (GST/HST) and duties, bilateral and regional free trade agreements and WTO law, Canadian product regulation and labelling, export controlled goods and technology, national defence contracting and the Controlled Goods Program, Canadian economic sanctions, anti-money laundering, anti-terrorist financing and anti-corruption laws, forced labour compliance and supply chain integrity, and other cross-border issues.

Jessica appears regularly before the Canadian International Trade Tribunal (CITT) and the Federal Courts in customs appeals and trade remedy proceedings, and represents clients in trade verifications and enforcement matters involving the Canada Border Services Agency (CBSA), Global Affairs Canada, the Canadian Food Inspection Agency, the Royal Canadian Mounted Police, and other domestic and foreign regulatory and law enforcement agencies. She helps businesses to design and implement effective trade compliance programs and internal controls, and to conduct risk assessments, reviews and investigations related to trade, sanctions and anti-corruption compliance.

Jessica is ranked as Band 4 by Chambers Global in the area of International Trade/WTO Law, a Key Lawyer in International Trade by Legal 500 Canada, a Lexpert Leading Lawyer 'Repeatedly Recommended' for Commodity Tax/Customs and for International Trade Regulation, and One to Watch in International Trade and Finance Law by Best Lawyers in Canada. In 2024, Jessica received the Lexpert Rising Star Award honouring leading lawyers under 40 in Canada. She is an active member of legal organizations including the Canadian Bar Association and Ontario Bar Association International Law Sections, the American Bar Association Section of International Law and the Fellows of the American Bar Foundation, the Organization of Women in International Trade, and the Inter-American Bar Association. Jessica is on the board of directors of the Organization of Women in International Trade (OWIT), Toronto chapter, and I.E. Canada (the Canadian Association of Importers and Exporters). She is also a past chair of the OBA International Law Section and a past co-chair of the ABA Section of International Law International Trade Committee and International Transportation Committee. Jessica is the recipient of an Arbor Award from the University of Toronto, the highest honour granted by the university to its volunteers.

Jessica is fluent in English and has working proficiency in French and Spanish.

Select Experience

  • TriWest in its indirect investment through its affiliates of a majority equity interest in Alta West Mortgage Capital
  • G2S2 Capital, under its banner Armco Alberta, in its acquisition of Bow Valley Square, an iconic four-tower, LEED Platinum-certified office complex in the heart of downtown Calgary
  • Park Lawn Corporation, a funeral, cremation and cemetery provider, in its C$1.2-billion going private transaction involving Viridian Acquisition
  • Siemens Gamesa Renewable Energy Limited, in successfully obtaining a regional exclusion in an anti-dumping and countervailing injury inquiry before the Canadian International Trade Tribunal concerning wind towers originating in or exported from the People's Republic of China
  • Volkswagen AG and its subsidiary PowerCo SE, in its selection process for development of a $7B flagship "gigafactory" North American EV battery manufacturing facility
  • Amalgamated Dairies Limited before the Federal Court (Trial Division) in a judicial review application of a decision by the Canada Border Services Agency concerning the duties relief program
  • Capvest Partners in its acquisition of Recochem, a Quebec based manufacturer of aftermarket transportation and household fluids
  • An International Furniture Company and its related Chinese exporters in an expedited review of normal values, export prices and amounts of subsidy in connection with trade remedies
  • The Retail Council of Canada, in a Canadian International Trade Tribunal inquiry into dumping and subsidization of upholstered seating for domestic purposes originating in or exported from China and Vietnam
  • Scentsy Canada Enterprises, Canadian International Trade Tribunal customs valuation appeal
  • G-III Apparel Canada, in a Canadian International Trade Tribunal customs valuation appeal
  • Asante Gold Corporation in its US$225-Million share purchase agreement with Kinross Gold Corporation to acquire Kinross’ 90% interest in the Chirano Gold Mine
  • The Watermill Group, in its acquisition of Weston Forest Products Inc., a leading distributor and remanufacturer of softwood and hardwood lumber and specialty panel products across North America. 
  • Stone Canyon Industries Holdings LLC and Kissner Group Holdings, as Canadian counsel, in their US$3.2-billion agreement to acquire K+S Aktiengesellschaft's North and South American salt business, including Morton Salt and Windsor Salt
  • Cenovus Energy Inc., in its $23.6-billion proposed acquisition of Husky Energy Inc.
  • Lithion Power Group, in its acquisition of Aved Electronics
  • Kissner Group Holdings LP, completed its acquisition of NSC Minerals Ltd., a market-leading provider of salt products in Western Canada and the North Central United States, from an investor group led by Altas Partners
  • Rio Tinto Alcan, Rio Tinto Procurement Singapore, Sica New Materials (Thailand) Inc., and the Government of Thailand, CBSA investigation and CITT inquiry into dumping/subsidization and injury relating to silicon metal imported from Thailand, Laos, Malaysia, Norway, Kazakhstan, Brazil, and Russia, and related judicial review proceedings before the Federal Court of Appeal
  • Byelorussian Steel Works (BMZ), Bel Kap Steel LLC, the Government of the Republic of Belarus, Ferrostaal Steel GmbH, and Shiu Wing Steel Limited, Canada Border Services Agency investigation and re-investigation into dumping relating to certain steel reinforcing bar (rebar) imported from the Republic of Belarus, including an investigation into the market economy status of the Belarusian rebar industry
  • Nippon Steel and Sumitomo Metals Corp. and Sumitomo Corporation, Canada Border Services Agency and Canadian International Trade Tribunal investigations into dumping and injury relating to large diameter line pipe imported from Japan
  • Turkish Steel Exporters Association, Canadian International Trade Tribunal inquiry into dumping and subsidization of oil country tubular goods imported from Chinese Taipei, India, Indonesia, Philippines, Republic of Korea, Thailand, Turkey, Ukraine and Vietnam
  • Frugi Venta (the Dutch Fruit and Vegetables Trade Association), Canada Border Services Agency expiry review in relation to anti-dumping duties on greenhouse bell peppers imported from the Netherlands
  • A Canadian manufacturer, independent internal investigation into violations of Iran economic sanctions, voluntary disclosures to Canadian and U.S. authorities, and implementation of internal compliance controls and training in the context of an acquisition by a U.S. multinational corporation
  • A Canadian technology company, internal investigation into bribery and fraud allegations by a whistleblower at an Asian subsidiary
  • Multinational Oil & Gas Services companies, compliance with economic sanctions on Russia and Ukraine in various proposed sales, service contracts, and financial transactions
  • A multinational agri-food company, in implementing internal policies, procedures and controls for export controls and economic sanctions compliance
  • Numerous international retail apparel brands, Canada Border Services Agency trade verifications relating to customs valuation, tariff classification, and origin issues, and appealing customs decisions
  • A defense contractor, voluntary disclosure to the Controlled Goods Directorate, the Export Controls Division of Global Affairs Canada, and Canada Border Services Agency of exports of controlled military goods without required export permits

Recent Recognitions

  • Lexpert Rising Stars

    Recognized as one of Canada's leading lawyers under 40

  • The Legal 500 Canada
    Key Lawyer, International Trade
  • Best Lawyers in Canada
    Ones to Watch, International Trade and Finance Law
  • Chambers Canada
    Ranked, Band 3, International Trade/WTO
  • Canadian Legal Lexpert Directory
    Consistently Recommended, Commodity Tax/Customs; International Trade Regulation
  • Chambers Global
    Band 3, International Trade/WTO

Recent Insights, News & Events

  • Canada Unveils Sweeping New Russia Sanctions Targeting Trade, Sanctions Evasion and Key Industries
    Blog / June 20, 2025
    On June 13, 2025, the Government of Canada registered three significant packages of amendments to the Special Economic Measures (Russia) Regulations (the Regulations) under SOR/2025-141, SOR/2025-142, and SOR/2025-143. Officially announced by the Minister of Foreign Affairs on June 17, 2025, following the G7 Leaders’ Summit in Kananaskis, Alberta, these measures represent a major escalation in Canada's economic pressure campaign against the Russian Federation.
  • From Retaliation to Negotiation: How Canada’s US Trade Strategy is Shifting Under Carney
    Speaking Engagements / June 07, 2025
    Jessica Horwitz speaks with The Globe and Mail about how Canada’s countertariffs continue to hurt many importers, with recent clarifications further narrowing the eligibility for exemptions. Whatever happens next, as Mr. Carney and his team weigh the pros and cons of fighting back against Mr. Trump or playing nice, she said the government needs to get better at communicating.
  • 2025 ICPA Canada Conference
    Event / June 01, 2025
    We are excited to be attending the ICPA Canada Conference in Toronto where professionals in the world of supply chain and import/export compliance, security and government relations will meet, learn and network together.
  • How Do I Get Out of This? New Guidance on Eligibility for Tariff Remissions and Support Programs for Canadian Businesses
    Blog / May 22, 2025
    It has been a tumultuous spring for businesses involved in trade between Canada and the United States. This blog rounds up the latest frequently asked questions on Canada-US tariffs, including revised guidance issued on May 20, 2025 by the Canada Border Services Agency (CBSA) that clarifies the agency's interpretation of the exemptions from surtaxes on importations of US goods.
  • Jessica Horwitz Discusses Trade Policy at ABA International Conference
    Speaking Engagements / April 28, 2025
    Jessica Horwitz spoke at the 2025 ABA International Law Section Annual Conference in New York on the panel Understanding the America First Trade Policy and Its Implications for Global Supply Chains.
  • Canadian Government Financing for Large Enterprises Impacted by US Tariffs and Canadian Countermeasures
    Blog / April 25, 2025
    LETL Facility Announced. Canada Development Investment Corp. ("CDEV") has announced the launch of the Large Enterprise Tariff Loan ("LETL") facility, a new government-backed loan facility to support large Canadian enterprises affected by actual and potential new US tariffs and associated Canadian import countermeasures and which face challenges accessing traditional sources of market financing.
  • Canada Imposes 25% Retaliatory Surtax on Certain US Goods
    Blog / March 05, 2025
    On February 1, 2025, US President Donald Trump issued an Executive Order announcing a 25% tariff on imports of most Canadian goods and a 10% tariff on Canadian energy products in addition to any tariffs currently in place. The stated justification for the measures was an alleged national security emergency caused by illegal fentanyl imports and migrant entry across the Canadian border. The tariffs were originally announced for Tuesday, February 4, 2025, but the United States delayed their entry into force for a month. The tariffs came into effect on March 4, 2025.
  • Chambers Global Ranks Bennett Jones Lawyers in 2025 Guide
    Announcements / February 13, 2025
    Bennett Jones has been recognized in the Chambers Global Guide 2025, with 49 lawyers ranked across 19 practice areas. Clients in Canada and around the world trust us to navigate their most complex legal matters. Our inclusion in Chambers Global Guide 2025 highlights our commitment to an exceptional client experience, deep industry knowledge and long-standing client relationships.
  • Beyond Succession: Navigating United States Tariffs and Key Strategies for Canadian Family Enterprises
    Podcast / February 12, 2025
    How do United States (US) tariffs and Canadian countermeasures affect Canadian businesses, and what can family enterprises do to prepare? In this timely episode of Beyond Succession, host Leah Tolton sits down with leading international trade lawyer Jessica Horwitz to explore strategies for navigating an uncertain trade environment. The discussion delves into the latest US tariff policies, unpacking their economic and legal implications for family enterprises in Canada. From supply chain disruptions to workforce impacts and recessionary concerns, the episode highlights practical steps to mitigate these challenges. Topics include adapting contracts, market diversification, and capitalizing on free trade agreements outside the US.
  • Duty Calls: Preparing for US and Canadian Tariffs
    Blog / January 17, 2025
    The re-election of President Trump signals a renewed era of trade disruption and volatility in the form of US import tariffs on goods from Canada and other countries. After weeks of speculation, President Trump is expected to unveil new tariffs or other trade restrictive measures on or shortly after his January 20, 2025, inauguration. Working with the provincial governments to develop a ‘Canada First’ collaborative response, the Government of Canada has vowed to impose retaliatory tariffs targeting US imports into Canada and is exploring other and novel ways to respond to the expected US measures. The announcement of the Canadian response is expected to follow soon after the announcement of the US measures.
  • A Trifecta of Legal Excellence: Sophie Virji, Ilan Ishai and Jessica Horwitz are Lexpert Rising Stars
    Announcements / November 20, 2024
    Bennett Jones lawyers Sophie Virji, Ilan Ishai and Jessica Horwitz are winners of the prestigious Lexpert Rising Stars awards for 2024. This distinguished honour celebrates leading Canadian lawyers 40 and under who have made outstanding contributions to their organizations, communities and the legal profession.
  • Canada Consults on Changes to Strengthen Canada's Forced Labour Import Ban
    Blog / October 28, 2024
    Canada has opened a 30-day consultation period on potential measures to increase the effectiveness of its existing import prohibition on all goods mined, manufactured or produced, wholly or in part, by forced labour from being imported in Canada. Submissions are due by November 15, 2024.
  • G2S2 Capital Inc. Acquires Bow Valley Square in Calgary
    Client Work / October 21, 2024
    G2S2 Capital Inc., under its banner Armco Alberta, has announced the acquisition of Bow Valley Square, an iconic four-tower, LEED Platinum-certified office complex in the heart of downtown Calgary. Bennett Jones is acting as legal counsel to G2S2 Capital Inc. 
  • Bennett Jones Top Ranked in Chambers Canada 2025
    Announcements / September 26, 2024
    Bennett Jones is proud to have once again been recognized as one of Canada’s leading law firms across 41 practice areas, with 135 lawyer rankings in Chambers Canada 2025. These rankings reflect the deep trust our clients place in us to solve their most complex legal matters and underscore our lawyers' extensive understanding of their industries and businesses, enabling us to consistently deliver an exceptional experience. In this year's guide, Bennett Jones has 10 Band 1 practice rankings, 20 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Class Action Law Firm of the Year and was a finalist for Real Estate Law Firm of the Year. 
  • Canada Responds to China's Electric Vehicle, Steel and Aluminum Overcapacity
    Blog / September 06, 2024
    On August 23 and 26, 2024, Canada announced a series of measures to address the threat of increased imports of Chinese electric vehicles, and steel and aluminum products and promised additional consultations on the imposition of surtaxes on a broader range of imports. 
  • Canada Seeks Business Input on CUSMA Ahead of 2026 Joint Review
    Blog / August 26, 2024
    On August 17, 2024, the Government of Canada initiated a public consultation on the operation of the Canada–United States–Mexico Agreement (CUSMA or the Agreement). The Government is seeking views on what is working well with CUSMA and on potential areas for improvement, in advance of the first joint review of CUSMA in 2026. Businesses and other stakeholders have until October 31, 2024, to submit their views.
  • Canada's Crack-down on Sanctions Evasion
    Blog / August 23, 2024
    On June 20, 2024, Bill C-59, the Fall Economic Statement Implementation Act received royal assent. Division 8 of this legislation introduced various amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SC 2000, c 17 and the Criminal Code to support the Canadian Government's ongoing efforts to combat financial crime and prevent sanctions evasion.
  • Amendments to Canada’s Export Control List: Addition of Quantum Computing and Advanced Semiconductors
    Blog / July 23, 2024
    On July 20, 2024, an Order Amending Canada’s Export Control List (ECL) (SOR/2024-112, or the Order) came into effect. This amendment adds five new controls under Item 5506 of the ECL, extending Canada's export regulation of certain advanced semiconductors and quantum computing technology.
  • 2024 ICPA Canada Conference
    Event / July 08, 2024
    We are excited to be attending the ICPA Canada Conference in Toronto where professionals in the world of supply chain and import/export compliance, security and government relations will meet, learn and network together.
  • Bill C-282 and an Update on Canada-U.K. Bilateral Trade Negotiations: Implications for the Dairy, Meat and Automotive Sectors
    Blog / May 14, 2024
    On April 16, 2024, Bill C-282 passed second reading in the Senate of Canada. If adopted, this legislation would restrict Canada's trade negotiators from conceding further market access for products in the dairy, poultry, and egg supply-managed industries in future free trade negotiations. The progress of Bill C-282 is relevant to Canada's trade negotiations with the United Kingdom (U.K.), which were temporarily suspended in January 2024, though technically remain ongoing. Negotiations have been in progress for more than two years to establish bilateral trade terms to replace those that Canada and the U.K. previously enjoyed under the Canada-EU Comprehensive Economic and Trade Agreement before "Brexit". Reports indicate that concerns with Canadian-produced beef and pork and access to Canada’s cheese market, among other issues, caused the U.K. to walk away from the negotiating table.
  • A New Chapter in Canada Ukraine Free Trade Opens with Modernized CUFTA
    Blog / May 02, 2024
    On March 19, 2024, Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine (the New CUFTA) received royal assent, introducing a modernized version of the Canada-Ukraine Free Trade Agreement. Negotiated against the backdrop of the ongoing Russian invasion of  Ukraine, the New CUFTA aims to strengthen economic relations between Canada and Ukraine and create opportunities for economic development by further reducing barriers to reciprocal trade in goods and services. The updated Agreement will come into force on the first day of the second month after both parties have completed the necessary procedures to ratify, which will likely occur in 2024.
  • Safe Food for Canadians Act and Regulations—Under Review
    Blog / May 02, 2024
    The Minister of Agriculture and Agri-Food and the Minister of Health recently announced the launch of a five-year review of the Safe Food for Canadians Act (SFCA) and the Safe Food for Canadians Regulations, which came fully into force on January 15, 2019. The SFCA covers a broad range of aspects relating to food and beverage safety, including grade standards, labeling and advertising, import/export and inter-provincial trade, inspection and licencing requirements for specific activities.
  • HOC Global Solutions Presents Navigating Canada's Supply Chains Act to Fight Against Forced and Child Labour
    Event / April 16, 2024
    Bennett Jones' Jessica Horwitz and HOC Global Solutions are hosting an informative session designed to shed light on the critical aspects of the Bill S-211, which looks to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff. This serves as a significant milestone in the fight against forced labour and child labour within Canadian supply chains.
  • Clarity and Confusion: Updates to Canada's Guidance on Forced Labour Reporting Requirements
    Blog / April 10, 2024
    As businesses finalize their reports under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Act) in advance of the May 31, 2024, statutory deadline, Public Safety Canada has updated its administrative guidance to clarify certain technical requirements, while also sowing confusion in respect of the basic question of which entities have reporting obligations under the Act. Public Safety Canada revised its guidance for Entities, originally issued in December 2023, on March 5, and March 20, 2024, and also added a page for answers to top questions and other amendments on March 5. A separate section was also added to the guidance website on March 13, 2024, to address the reporting obligations of government institutions.
  • GHY Presents Navigating Canada's Supply Chains Act to Fight Against Forced and Child Labour
    Event / March 27, 2024
    In our continued effort to support businesses in adhering to ethical practices, Bennett Jones, in partnership with GHY, is thrilled to present a comprehensive webinar focused on the nuances of Bill S-211—also known as the Fighting Against Forced Labour and Child Labour in Supply Chains Act—and its subsequent amendments to the Customs Tariff. This legislation marks a pivotal advancement in eradicating forced and child labour from Canadian supply chains, and our session aims to guide stakeholders through its key components.
  • 2024 Annual ICPA Conference
    Event / March 20, 2024
    We are excited to be attending the ICPA Annual Conference in Orlando where professionals in the magical world of supply chain and import/export compliance, security and government relations will meet, learn and network together.
  • The Canadian Institute’s Canadian Forum on Global Economic Sanctions
    Speaking Engagements / March 06, 2024
    Jessica Horwitz participated as a panelist at The Canadian Institute’s Canadian Forum on Global Economic Sanctions. The forum provided a platform for in-depth discussions on global economic sanctions and their implications for businesses and regulatory frameworks. Jessica focused on providing an update on Canada’s Asset Seizure and Forfeiture Regime, with a particular emphasis on identifying opportunities and addressing practical challenges associated with the regime.
  • Navigating Canada’s Anti-Forced Labour Act
    Event / February 20, 2024
    Members of our International Trade & Investment and Sustainability & ESG groupsinvestigated the transformative implications of Canada's Fighting Against Forced Labour and Child Labour in Supply Chains Act (formerly Bill S-211). With the first reporting deadline on May 31, 2024, this webinar explored how to fulfill the reporting obligations affecting corporations, trusts, partnerships and other organizations linked to Canada's import and distribution activities.
  • Chambers Global Ranks Bennett Jones Lawyers in 2024 Edition
    Announcements / February 15, 2024
    Bennett Jones has 49 lawyer rankings across 19 practice areas in Chambers Global 2024. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering 49 detailed rankings and insight into the world's leading lawyers. 
  • Much-Anticipated Guidance Released on Canada's Forced Labour Reporting Requirements
    Blog / January 15, 2024
    On December 20, 2023, Public Safety Canada issued long-awaited guidance that provides details on the reporting requirements introduced in the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Supply Chains Act). Public Safety Canada also hosted a public information webinar on January 11, 2024 to further discuss the guidance.
  • The Evolution of Canadian Customs Valuation: Insights from Delta Galil, G-III Apparel and Scentsy
    Articles / December 18, 2023
    Customs valuation is crucial in international trade for determining import duties and taxes, primarily using the Transaction Value Method (TVM) as outlined in Canada's Customs Act. This method, reflecting Canada's WTO obligations, focuses on the price in a "sale for export to Canada," including a specific requirement for a "purchaser in Canada." Quentin Vander Schueren, Darrel Pearson and Jessica Horwitz write in the Taxnet Pro's Customs & International Trade Newsletter on how recent case law has shaped the understanding of "sale for export." 
  • The Geopolitics of International Trade: Strategies for Building Business Resilience
    Speaking Engagements / December 05, 2023
    Bennett Jones was proud to host the OWIT event, The Geopolitics of International Trade: Strategies for Building Business Resilience. Jessica Horwitz moderated an all-women panel featuring a former Ontario Minister of International Trade, the current Canada Director of Department of Business and International Trade from the United Kingdom consulate in Toronto, and Regional Director of Export Development Canada.
  • Sanctions Developments and Current Compliance Challenges
    Speaking Engagements / November 28, 2023
    Jessica Horwitz spoke on "Sanctions Developments and Current Compliance Challenges" at the Canadian Association of Importers and Exporters (I.E. Canada) Annual Summit in Ottawa. The event explored key policy areas such as Forced Labour and Child Labour reporting—Bill S211, Canada's Indo-Pacific Strategy, Sanctions, Global Trade and Border policies, CBSA and U.S. CBP border policy, workshops and more.
  • OWIT Annual Awards Luncheon "In Praise of OWIT"
    Speaking Engagements / November 16, 2023
    Jessica Horwitz participated in the OWIT Board Members Career discussion panel at the IN PRAISE OF OWIT WOMEN: OWIT-Toronto Export Awards. This event celebrated three outstanding women—an export champion, an exporter of the year, and a student of international trade, and featured a fireside chat with dynamic OWIT board members who shared their experiences in international trade.
  • Canada Wants To Give a Russian Plane It Seized To Ukraine. Is That Legal?
    In The News / November 09, 2023
    Jessica Horwitz comments in the Washington Post on Canada's federal government using new asset seizure and forfeiture rules to transfer Volga-Dnepr Airlines’ massive Antonov-124 cargo jet to Ukraine. The move is being watched closely by other countries. Ottawa says it wants to work with Kyiv to use the aircraft to compensate victims of human rights abuses, restore international peace and security or rebuild Ukraine.
  • Wilson Canada-United States Legal Issues Symposium
    Speaking Engagements / November 06, 2023
    Jessica Horwitz spoke on a panel at the inaugural Wilson Canada-United States Legal Issues Symposium, hosted in partnership with the Canada-United States Law Institute. The symposium focused on economic sanctions enforcement and compliance in Canada and the United States. Panelists discussed new and novel sanctions mechanisms in Canada and the United States, with a focus on challenges of compliance for firms operating in both countries.
  • International Wood Products Association: "Bennett Jones LLP Webinar on Canada's Fighting Against Forced Labour and Child Labour in Supply Chains Act"
    Speaking Engagements / November 02, 2023
    Jessica Horwitz spoke on a webinar presented by the International Wood Products Association on Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act, which is expected to come into force on January 1, 2024. 
  • The Osgoode Certificate Program in Managing Legal and Business Risk in the Supply Chain—Module 2: International Trade, Customs and Compliance
    Speaking Engagements / October 31, 2023
    Jessica Horwitz led a session on Sanctions and Export Controls as part of Module 2 in the Osgoode Certificate Program in Managing Legal and Business Risk in the Supply Chain. This module focused on trade agreements and customs that affect Canada and Canadian businesses, including non‑tariff barriers, sanctions and export controls, and risk mitigation practices in international trade.
  • Bennett Jones Top Ranked in Chambers Canada 2024
    Announcements / September 28, 2023
    Bennett Jones has been recognized as one of Canada’s leading law firms across 39 practice areas, with 124 lawyer rankings in Chambers Canada 2024. In this year's guide, Bennett Jones has 11 Band 1 practice rankings, 21 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Real Estate Law Firm of the Year and was a finalist in Projects and Energy Law Firm of the Year.
  • CUSMA Small and Medium Enterprise Dialogue
    Speaking Engagements / September 21, 2023
    Jessica Horwitz spoke as part of the official Canadian Delegation at the annual CUSMA SME Dialogue, hosted by the Ministry of Economy of Mexico in Mexico City on September 21, 2023. Jessica provided her Top 10 Tips for SME Importers and Exporters to/from Canada.
  • Bennett Jones Lawyers Recognized in Best Lawyers in Canada 2024
    Announcements / August 24, 2023
    104 Bennett Jones lawyers have been recognized across 46 practice areas in the 2024 edition of Best Lawyers in Canada. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
  • UPDATED Canadian Sanctions Targeting Russia, Belarus and Separatist Territories in Ukraine Expanded in Response to the Russian Invasion of Ukraine
    Blog / August 08, 2023
    This blog was originally published on February 25, 2022, and has been updated to reflect further developments. Canada has banned all investments and related financial transactions, trade in goods, tourism and related financial transactions, the docking of cruise ships licensed or registered in Canada (except in emergency situations), and the provision of technical assistance to the regions of Ukraine controlled by the self-declared Donetsk People's Republic and Luhansk People's Republic, and since September 29, 2022, the Russian-occupied areas of the Kherson oblast and Zaporizhzhia oblast. These restrictions are in addition to the restrictions that apply to the Crimea region of Ukraine, which have been in place since 2015. 
  • Tackling Foreign Regulatory Barriers—International Avenues
    Blog / July 12, 2023
    Canadian exporters in various sectors sometimes face barriers created by foreign laws, regulations or their interpretation. The vast majority of impediments take the form of product regulatory requirements such as product labelling or technical specifications, and for agricultural products such as meats and grains, food safety rules. These barriers may be contrary to the importing country’s obligations under international trade agreements, particularly where they vary from internationally- accepted standards. However, litigating locally may be costly, and state-to-state dispute settlement must be launched by the government, is time consuming, and may not lead to a binding result. 
  • Emerging Regulation: What Companies Doing Business in/with China Should Know about Forced Labour in Supply Chains
    Speaking Engagements / June 28, 2023
    Jessica Horwitz and Sabrina A. Bandali spoke on a panel moderated by Stephen Bowman, entitled Emerging Regulation: What Companies Doing Business in/with China Should Know about Forced Labour in Supply Chains. This event was co-hosted by Bennett Jones and the Canada China Business Council.
  • New Canadian Economic Sanctions "Deemed Ownership" Rule Now in Force
    Blog / June 27, 2023
    On June 22, 2023, Budget Implementation Act, 2023, No. 1 (formerly Bill C-47) received Royal Assent. Among the various other measures in this omnibus bill, the Act made significant amendments to Canada's autonomous sanctions statutes, the Special Economic Measures Act (the SEMA) and the Justice for Victims of Corrupt Foreign Officials Act (the Magnitsky Law), to clarify "ownership" and "control" rules for purposes of sanctions imposed under the SEMA and the Magnitsky Law.
  • 2023 ICPA Canada Conference
    Event / June 13, 2023
    We are excited to be attending the ICPA Canada Conference in Toronto where professionals in the world of supply chain and import/export compliance, security and government relations will meet, learn and network together.
  • How to Prepare for New Canada, Mexico, and U.S. Forced Labour and Supply Chain Due Diligence Laws
    Event / June 07, 2023
    Importers that do business in North America will need to ensure that they are aware of and comply with the applicable forced labour and supply chain due diligence requirements in these countries. In this webinar, Jessica Horwitz of Bennett Jones, Eduardo Sotelo Cauduro of Sanchez Devanny, and Angela Santos of ArentFox Schiff discussed the requirements in the USMCA region and best practices for a practical and effective supply chain diligence and compliance program.
  • Mexico and Canada Not as Aggressive on Forced Labor Bans but Expect More
    Speaking Engagements / June 07, 2023
    International Trade Today reported on a recent webinar featuring Jessica Horwitz, where she spoke with Eduardo Sotelo Cauduro of Sanchez Devanny, and Angela Santos of ArentFox Schiff, on forced labour compliance, requirements in the USMCA region and best practices for a practical and effective supply chain diligence and compliance program.
  • CBSA Proposes "Last Sale" Rule for Customs Valuation
    Blog / May 30, 2023
    The Canada Border Services Agency is proposing to fundamentally change Canadian customs valuation rules in draft amendments to the Valuation for Duty Regulations, (SOR/86-792) published on May 27, 2023. While the stated purpose of the draft amendments targets the valuation of goods by non-resident importers by valuing goods based on the "last sale" in a series of transactions resulting in the importation of goods into Canada, as drafted, the amendments will also affect Canadian resident importers.
  • New Formaldehyde Standards on Composite Wood Products Imported into, Sold or Manufactured in Canada
    Blog / May 11, 2023
    The Formaldehyde Emissions from Composite Wood Products Regulations, which came into force on January 7, 2023, impose requirements on manufacturers, importers and sellers of composite wood products relating to emissions testing and limits, certification, labelling, reporting and record keeping. 
  • Canadian Government Introduces Legislation to Add Sanctions 50% Rule and Update Rules on Ownership and Control
    Blog / May 04, 2023
    On April 20, 2023, Canada's federal government introduced Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023. Among the numerous legislative changes contained in this omnibus budget bill are some potentially significant amendments to certain Canadian economic sanctions legislation, namely the Special Economic Measures Act (SEMA) and the Justice for Victims of Corrupt Foreign Officials Act (Magnitsky Law). 
  • Canada Introduces Mandatory Forced Labour Prevention Reporting Legislation
    Blog / May 03, 2023
    Today, the House of Commons passed Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (the Act). The Act introduces a public reporting requirement that will apply to many government institutions and private sector entities.
  • Jessica Horwitz on the Future of Nearshoring
    Speaking Engagements / April 21, 2023
    Jessica Horwitz co-presented on the topic of Nearshoring at the 1st ANADE Trinational Seminar—Mexico-United States-Canada.
  • Volkswagen AG Subsidiary, PowerCo SE, Invests in $7B EV Gigafactory in Canada
    Announcements / April 21, 2023
    Bennett Jones is advising Volkswagen AG and its battery subsidiary, PowerCo SE, in the establishment of its first battery cell manufacturing plant in North America—and its first outside of Europe. The gigafactory will be built in St. Thomas, Ontario.
  • United States Signs Landmark WTO Agreement Curbing Harmful Fisheries Subsidies
    Blog / April 19, 2023
    In June 2022, the World Trade Organization concluded negotiations on the Fisheries Subsidies Agreement (FSA), an important multilateral pact addressing state-sponsored subsidies that are a key factor in the widespread depletion of the world’s fish stocks. The FSA will make fishing more sustainable by prohibiting subsidies to fishing overfished stocks, to subsidies that contribute to illegal, unreported and unregulated fishing, and to subsidies provided to fishing on the unregulated high seas. 
  • What Canada’s New Forced Labour Reporting Law Means For Mining Companies
    Articles / April 14, 2023
    Sharon Singh, Sabrina Bandali and Jessica Horwitz write in Canadian Mining Journal on how Canada may soon have a new public reporting regime that will have immediate implications for mining companies. Bill S-211, an act to enact the fighting against forced labour and child labour in supply chains act and to amend the customs tariff, is poised to imminently pass third reading in the House of Commons. 
  • 2023 Annual ICPA Conference
    Event / March 12, 2023
    We are excited to be attending the ICPA Annual Conference in Orlando where professionals in the magical world of supply chain and import/export compliance, security and government relations will meet, learn and network together.
  • Chambers Global Ranks Bennett Jones Lawyers in 2023 Edition
    Announcements / March 06, 2023
    Bennett Jones has 50 lawyer rankings across 19 practice areas in Chambers Global 2023. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers.
  • What Canada's New Forced Labour Reporting Law (Bill S-211) Means for Businesses
    Blog / February 06, 2023
    After several stalled efforts in recent years, Parliament is poised to pass a supply chain transparency law aimed at preventing and reducing the risk of forced labour and child labour in supply chains. Private members Bill S-211, "An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff", is expected to pass third reading in the House of Commons shortly and will have immediate implications for Canadian business and importers.
  • ICPA: 2022 Canadian Customs Duty Savings
    Speaking Engagements / December 06, 2022
    Jessica Horwitz, Sabrina Bandali and George Reid presented at an International Compliance Professionals Association webinar entitled 2022 Canadian Customs Duty Savings. 
  • NYSBA London Global Conference: All the World is Trade
    Speaking Engagements / November 22, 2022
    Jessica Horwitz joins a panel entitled All the World is Trade at the New York State Bar Association International Section 2022 London Global Conference. Jessica presents on the hot trade issues of the moment, including sanctions, labour restrictions and Brexit that affect individuals and businesses of all sizes.
  • Bennett Jones Shines In Legal 500 Canada Rankings
    Announcements / November 09, 2022
    Bennett Jones has been recognized as a top-tier firm in five practice areas in the 2023 Legal 500 Canada guide: Aviation, Cannabis, Dispute Resolution: Alberta, Environment and Oil and Gas.
  • Is Canada Playing Fair? Supply Management for Dairy Products and Tariff-Rate Quota Administration
    Speaking Engagements / October 27, 2022
    Jessica Horwitz is a featured speaker at the Canadian Council for International Law's 51st Annual Conference, held in Ottawa, Ontario. Jessica is joined by other industry experts as she discussed Canada’s system of supply management for dairy products and the tariff rate quotas.
  • Navigating Trade Sanctions
    Speaking Engagements / October 20, 2022
    Jessica Horwitz is a featured speaker at the CLE British Columbia's 2022 Corporate Governance Conference, focused on manoeuvring the corporate minefield. The conference provides practical analysis of current trends and key issues in corporate governance law and the implications on corporate clients. Jessica's presentation outlines sanctions, enforcement and compliance, with a specific overview of the Cuba Blocking Statute and country-specific sanctions programs.
  • CBSA Releases Updated Trade Compliance Verification Priorities – July 2022
    Blog / July 19, 2022
    The Canada Border Services Agency has released an updated list of trade compliance verification priorities for July 2022. Verification priorities are established throughout the year and reflect the CBSA’s assessment of non-compliance risk with customs rules for categories of imported goods.
  • The Cullen Commission Releases Its Final Report on Money Laundering in British Columbia—Key Takeaways
    Blog / June 17, 2022
    On June 15th, 2022, the Commission of Inquiry into Money Laundering in British Columbia (Commission or Cullen Commission) released its highly anticipated final report (the Report) which comes after years of work and a review of extensive evidence, including testimony from nearly 200 witnesses. Led by B.C. Supreme Court Justice Austin Cullen, the Commission was established to inquire and report on the extent of money laundering in British Columbia, the role and effectiveness of regulatory authorities and barriers to law enforcement.
  • Geopolitics and Geoeconomics: Trade and Investment Disruptions and Implications
    Updates / June 16, 2022
    International trade and investment is a crucial channel through which economies and individual businesses specialize, innovate, become more productive, and grow incomes, output and employment while also containing input costs and inflationary pressures through competitive supply.
  • Jessica Horwitz Speaks at the ICPA Summer Conference 2022
    Speaking Engagements / June 15, 2022
    Jessica Horwitz speaks at the ICPA Summer Conference 2022 in the "Update on Canadian Trade Issues" and "Ask the Legal Eagles" sessions.
  • Jessica Horwitz Speaks at the NYSBA International Section Conference
    Speaking Engagements / June 15, 2022
    Jessica Horwitz speaks at the New York State Bar Association International Section Conference on current trade topics such as sanctions, forced labor import restrictions, transfer pricing, Brexit and others that are affecting clients now and will be for the foreseeable future.
  • Canada Expands Import and Export Bans on Russia
    Blog / May 31, 2022
    On Friday May 20, 2022, Canada announced amendments to the Special Economic Measures (Russia) Regulations, which were registered and entered into force on May 18, 2022. Notably, these amendments substantially expand the scope of purchase and sale restrictions imposed on Russia to broader categories of goods and new industries. A detailed summary of current sanctions related to the Russia/Ukraine conflict can be found in our insight, "Canadian Sanctions Targeting Russia, Belarus and Separatist Territories in Ukraine Expanded in Response to the Russian Invasion of Ukraine."
  • Canada's Federal Budget 2022 and Canadian Sanctions Implications
    Blog / May 12, 2022
    As explained in our recent insight on the 2022 Canadian Federal Budget, on April 7, 2022, the Federal Government of Canada released Budget 2022: A Plan to Grow Our Economy and Make Life More Affordable. The Budget sets the fundamental groundwork of the Federal Government's goals for national economic development, promising continued investment in economic growth and innovation in Canada. Among the changes introduced in Bill C-19, titled the Budget Implementation Act, 2022, No. 1 (Budget Implementation Act, 2022), are significant amendments to the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) as well as corresponding changes to the Seized Property Management Act.
  • American Bar Association International Law Section's Annual Conference on Collateral Damage
    Speaking Engagements / May 04, 2022
    Jessica Horwitz speaks at the American Bar Association International Law Section's Annual Conference in Washington, DC on "Collateral Damage: New U.S.-China and U.S.-Russia Trade and Financial Measures and their Impact on Third Countries."
  • Asante Gold Announces Purchase of Chirano Gold Mine for US$225 Million
    Client Work / April 26, 2022
    Bennett Jones is acting for Asante Gold Corporation in its share purchase agreement with Kinross Gold Corporation to acquire Kinross’ 90% interest in the Chirano Gold Mine for a total consideration of US$225 million. 
  • IFG Webinar on International Sanctions Targeting Russia, Belarus and Separatist Territories in Ukraine
    Speaking Engagements / March 30, 2022
    Maureen Ward moderates a panel of experts, including Jessica Horwitz, for the International Fraud Group webinar, "Update on Sanctions – International Sanctions Targeting Russia, Belarus and Separatist Territories In Ukraine."
  • Russia Will Challenge Economic Sanctions at the WTO
    Blog / March 22, 2022
    Russia is facing unprecedented economic sanctions imposed by numerous countries in response to Russia’s invasion of Ukraine. Russia has announced that it will challenge those sanctions under the WTO dispute settlement system, arguing that they violate international trade obligations. A successful challenge would mean that the measures would have to be withdrawn and could lead to retaliation by Russia in the form of high tariffs on Canadian exports as well as Canadian services suppliers being shut out of the Russian market.
  • Continuing the Conversation—The Trade Environment: Evolving Context and Canadian Priorities
    Event / February 16, 2022
    In December 2021, Bennett Jones presented our Fall Economic Outlook which focused on the Canadian and global economic recovery that continues amid supply chain disruptions, trade friction, labour shortages and changes in the workplace. We invite you to continue the conversation and to join us in taking a deeper and more practical look at the trade challenges Canada faces. We encourage you to share this invitation with others in your organization who would find this topic of interest.
  • CBSA Clarifies Documentary Requirements to Establish that Imported Goods Are Not Produced with Forced Labour
    Blog / February 04, 2022
    On January 20, 2022, the Canada Border Services Agency (CBSA) updated its policy document, Memorandum D9-1-6, titled Goods manufactured or produced wholly or in part by prison labour (the D-Memo), to provide guidance to importers about the evidence they will be expected to produce if their goods are detained because the CBSA suspects that the goods were produced by prison or forced labour.
  • Canada and NATO Allies Develop Plans for Sweeping New Sanctions if Russia Invades Ukraine
    Blog / February 02, 2022
    With the recent escalation of military tensions between Russia and Ukraine, the governments of NATO states (including Canada, the United States, UK and the EU) have made statements in recent weeks confirming their intentions to impose sweeping new economic sanctions against Russia in the event that Russia proceeds with a military invasion of Ukraine. 
  • Jessica Horwitz on Updated Sanctions Compliance Blueprint Workshop
    Speaking Engagements / January 25, 2022
    Jessica Horwitz presents a pre-conference workshop for the Canadian Institute's U.S. Export and Re-Export Compliance For Canadian Operations virtual conference. 
  • First State-to-State Dispute Under CUSMA on Dairy Quotas—Good News for Distributors and Consumers?
    Blog / January 12, 2022
    The Panel Report in Canada—Dairy TRQ Allocation Measures, released on January 4, 2022, resolved the first State-to-State dispute under the Canada-United States-Mexico Agreement or "CUSMA" (also known as USMCA). The Report is significant on a number of fronts.
  • The ‘Three Amigos’ Summit: Takeaways for Canadian Business
    Blog / November 23, 2021
    The first North American Leaders’ Summit in five years brought together Prime Minister Trudeau, U.S. President Biden and Mexican President López Obrador in Washington, DC on November 18, 2021. The outcome carries important lessons for Canadian businesses going forward.
  • Jessica Horwitz in APFC's Women-Only Virtual Business Mission to Australia and New Zealand Training Session
    Speaking Engagements / November 23, 2021
    On November 23, 2021, Jessica led the Legal and Regulatory Discussion at the pre-mission market overview and training session for participants in the Asia Pacific Foundation of Canada's first Canadian Women-only Virtual Business Mission to Australia and New Zealand.
  • Canada Seizes Imported Goods Alleged to be Produced with Forced Labour
    Blog / November 18, 2021
    On November 15, 2021, the Globe and Mail reported the first seizure under the Canadian prohibition on the importation of goods "mined, manufactured or produced wholly or in part by forced labour." According to the CBSA, customs officials seized a shipment of women's and children's clothing imported into Quebec from China. This is the first reported seizure or enforcement action against goods produced with forced labour that has been publicly reported in Canada.
  • Bennett Jones Lawyers in OBA Institute Series
    Speaking Engagements / November 09, 2021
    Stephen Bowman, Sabrina A. Bandali, Ian Michael, Sharon Singh, Jason Berall and Jessica Horwitz speak and moderate various panels at the Ontario Bar Association's Institute Series. 
  • Bennett Jones: "Top Tier" in Chambers Canada 2022
    Announcements / September 16, 2021
    Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 111 lawyer rankings in Chambers Canada 2022. Bennett Jones has 8 Band 1 practice rankings and 14 Band 1 lawyer rankings in this year's guide.
  • Canada Joins Mexico in CUSMA Chapter 31 Dispute Over Auto Rules of Origin With the U.S.
    Blog / September 13, 2021
    On August 20, 2021, Mexico filed a request for consultations with the United States under the dispute settlement provisions of Chapter 31 of the Canada-United States-Mexico Agreement (CUSMA, also known as the USMCA) to resolve disagreements between the parties about certain rules of origin related to automotive parts and vehicles.
  • Bennett Jones' Best Lawyers in Canada 2022
    Announcements / August 26, 2021
    146 Bennett Jones lawyers have been recognized across 48 practice areas in the Best Lawyers in Canada 2022 edition, with 44 lawyers having earned recognition in multiple practice areas. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
  • Amendments to Canada's Export Control List Take Effect July 23, 2021
    Blog / July 23, 2021
    The updated version of A Guide to Canada's Export Control List (the Guide) will come into force on July 23, 2021, replacing the previous December 2018 version of the Guide. Amendments to the Export Control List (ECL) published in the June 23, 2021 edition of the Canada Gazette Part II incorporate the updated version of the Guide by reference.
  • Jessica Horwitz Appointed to ABA International Law Section's International Trade Committee
    Announcements / July 07, 2021
    Jessica Horwitz is appointed to her third year as co-chair of the American Bar Association International Law Section's International Trade Committee in FY 2021-22.
  • Notable Amendments to Canada’s Anti-Money Laundering Regime
    Blog / June 04, 2021
    In recent years, Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its regulations have been amended with a view to strengthening Canada’s anti-money laundering (AML) regime. On June 1, 2021, additional amendments aimed at further strengthening that regime came into force, as did related guidance from the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).
  • CBSA Updates its Guidance on the Enforcement of the Import Prohibition on Goods Produced with Forced Labour
    Blog / May 18, 2021
    On May 7, 2021, the Canada Border Services Agency (CBSA) published an updated version of its policy, Memorandum D9-1-6, titled "Goods manufactured or produced wholly or in part by prison labour" (the "D-Memo"), in which the CBSA provides updated information concerning the enforcement of the recent prohibition on the importation into Canada of goods manufactured or produced by forced labour, which entered into force on July 1, 2020.
  • Trade Implications of Budget 2021 in Canadian Lawyer
    In The News / May 13, 2021
    Canadian Lawyer writes on the most significant potential impacts of Canada's federal Budget 2021 on Canadian and non-resident businesses participating in international and interprovincial trade activity. The [...]
  • Canada's Federal Budget 2021 and International Trade Implications
    Blog / April 21, 2021
    On April 19, 2021, the Federal Government of Canada unveiled its first budget in two years, promising over $100 billion in new spending intended to propel Canada's economic recovery from the COVID-19 pandemic. Part of the government's recovery plan involves a number of legislative amendments that will affect international trade and domestic trade within Canada.
  • Jessica Horwitz on Increased Customs Enforcements and Its Impact
    Speaking Engagements / April 15, 2021
    Jessica Horwitz spoke at the ILS 2021 Virtual Meeting on Increased Customs Enforcement and How it Impacts International Trade and USMCA. She shared her insights on customs enforcement trends and USMCA (CUSMA) implementation in Canada.
  • Jessica Horwitz on Chinese Sanctions and Market Access for Canada
    In The News / April 12, 2021
    Jessica Horwitz comments in Export Compliance Daily on the Chinese government's decision to place retaliatory sanctions on Canadian officials and entities for their criticism of the alleged human rights abuses in the country's Xinjiang region.
  • Canada Imposes New Sanctions on Russian and Ukrainian Entities and Officials
    Blog / April 05, 2021
    On March 24, 2021, Canada imposed new economic sanctions against nine Russian government officials ("listed person(s)") implicated in what the Government of Canada believes were "gross and systematic" violations of human rights. These sanctions reflect concern by the Government of Canada in respect of actions Canada believes were taken by Russian government officials in connection with the poisoning of Russian opposition leader and anti-corruption activist Alexey Navalny, his subsequent detention and prosecution, and measures taken against Russian citizens who protested his treatment. In a press release, Canada described the actions of these individuals as a "continuing pattern that targets opposition voices and those it deems threatening."
  • Canada Imposes Economic Sanctions Against China
    Blog / March 23, 2021
    On March 22, 2021, Canada imposed new economic sanctions against four officials and one entity under the new Special Economic Measures (People’s Republic of China) Regulations, based on Canada's assessment of their participation in gross and systematic human rights violations in the Xinjiang Uyghur Autonomous Region (XUAR) affecting Uyghurs and other Muslim ethnic minorities.
  • Bennett Jones Welcomes Nine New Partners
    Announcements / March 08, 2021
    Bennett Jones is pleased to announce that nine lawyers have been admitted to the partnership. They serve clients from our offices throughout the firm and represent a cross section of our practice areas, [...]
  • Bennett Jones in Chambers Global 2021
    Announcements / February 21, 2021
    Bennett Jones has 51 lawyer rankings in 18 practice areas in Chambers Global 2021. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers.
  • How Businesses Can Risk Manage the USMCA: Anti-Corruption
    Blog / October 29, 2020
    A new anti-corruption chapter is included in the USMCA, under which the parties undertake to ensure that their domestic laws and enforcement meet certain agreed standards. Of particular note are recent legal reforms in Mexico that have introduced a sweeping new anti-corruption statutory regime.
  • How Businesses Can Risk Manage the USMCA: Labour
    Blog / October 28, 2020
    The recent Bennett Jones USMCA panel characterized labour measures as both "novel and potent" under the USMCA, citing in particular a new "Facility-Specific Rapid-Response Labour Mechanism" for expedited dispute settlement of labour obligations. Under the new process, a party may request an investigation into allegations of labour relations violations by an independent tribunal of labour experts.
  • How Businesses Can Risk Manage the USMCA: Trade and Customs
    Blog / October 27, 2020
    Although the USMCA maintains the duty-free market access for most goods enjoyed under the NAFTA, the USMCA does little to mitigate the risk of extraordinary tariffs owing to the broader scope of the national security exemption available to governments.
  • Jessica Horwitz on the Key Features of CUSMA
    Speaking Engagements / October 14, 2020
    Jessica Horwitz speaks at the Ontario Bar Association's International Law Program's panel on CUSMA: A Look at Key Features of the New Agreement. The panel will engage in a wide-ranging discussion on CUSMA, [...]
  • Bennett Jones Advises on $3.2-Billion Agreement to Acquire K+S Americas Salt Business, Including Morton Salt and Windsor Salt
    Client Work / October 04, 2020
    Bennett Jones served as Canadian counsel to Stone Canyon Industries Holdings LLC (SCIH) and Kissner Group Holdings in their agreement to acquire K+S Aktiengesellschaft's North and South American salt [...]
  • Canada Imposes Sanctions Against Belarusian Government Officials
    Blog / September 30, 2020
    On September 29, 2020, Canada imposed economic sanctions against 11 Belarusian government officials implicated in state-sponsored violence and human rights violations. These sanctions reflect concern by the Government of Canada over actions taken by Belarusian President Aleksandr Lukashenko and certain officials in his administration to suppress public protests and opposition groups after Belarus' contested presidential election on August 9, 2020.
  • Applying the USMCA Auto Rules of Origin in the Canadian Market
    Event / September 22, 2020
    The Bennett Jones International Trade and Investment group hosted a special presentation focused on understanding and applying the new USMCA rules and discussing their effect on operational decisions and commercial strategies for the automotive parts supply chain.
  • Bennett Jones is Recognized in Chambers Canada 2021
    Announcements / September 10, 2020
    Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 115 lawyer rankings in Chambers Canada 2021.
  • Canada Obliged to Retaliate Again to U.S. Tariffs on Aluminum
    Blog / August 14, 2020
    On August 6, 2020, the United States announced import tariffs of 10 percent on imports of raw aluminum products from Canada, effective August 16, 2020. The tariffs on unprocessed aluminum from Canada are to be assessed under American national security threat provisions contained in Section 232 of the U.S. Trade Expansion Act of 1962. These tariffs represent a resumption of similar tariffs imposed on Canadian aluminum exports by the U.S. administration from June 1, 2018, to May 17, 2019. The announcement was made just over one month after the entry into force of the Canada-U.S.-Mexico Agreement (CUSMA).
  • Jessica Horwitz on How CUSMA Differs From NAFTA
    Speaking Engagements / July 21, 2020
    Jessica Horwitz will speak at the DC Bar's webinar, Understanding the Canada-United States-Mexico Agreement (CUSMA) and How It Differs from NAFTA. Significant differences between the two agreements include [...]
  • Understanding the CUSMA/USMCA: A Look at the Uniform Regulations and New Canadian Guidance
    Blog / July 09, 2020
    After months of anticipation by the Canadian trading community, and just days before the agreement's entry into force on July 1, implementation details were published for the Canada-United States-Mexico Agreement (CUSMA, also known as the USMCA or T-MEC). Companies with North American supply chains will now need to consider this guidance to determine how to leverage the opportunities presented by the new Agreement.
  • Trade Tribunal Ruling Confirms that Blanket Refund Requests are "Filed" on their Application Date, not the Date of CBSA Approval
    Blog / June 17, 2020
    Under subsection 74(1) of the Customs Act, importers have four years to ask the Canada Border Services Agency (CBSA) for a refund of customs duties. Importers have the option of doing so through a "blanket" request that covers all transactions in issue to avoid unnecessarily bureaucratic and duplicative individual requests for each entry. On March 12, 2020, the Canadian International Trade Tribunal released its decision in Tenneco Automotive Operating Company Inc. v The President of the Canada Border Services Agency (Appeal No. AP-2019-019), providing welcome news to Canadian importers on the time deadlines for filing blanket requests.
  • Amendments to Canada's Export Control List Take Effect May 1, 2020
    Blog / May 01, 2020
    On April 1, 2020, Global Affairs Canada published an Order Amending the Export Control List, SOR/2020-48. The Order updated the Export Control List, SOR/89-202 to incorporate by reference an updated version of A Guide to Canada’s Export Control List. The Order adds, removes, or clarifies items listed on the ECL, and came into legal effect on May 1, 2020.
  • Trade Implications of COVID-19 from a Canadian Perspective
    Blog / April 02, 2020
    The COVID-19 pandemic has already had, and will continue to have, far-reaching effects on international trade, and given its heavy reliance on trade, on the Canadian economy. In the three months that have followed the initial outbreak in China, a variety of legal, administrative and regulatory issues have emerged as the novel coronavirus has spread and public health efforts have been initiated to "flatten the curve". These issues will impact international trade, and create uncertainty for businesses.
  • Introducing Incoterms 2020
    Blog / January 21, 2020
    On January 1, 2020, the most recent edition of Incoterms® came into effect. Among the changes are a new set of rules, DPU (described below), new carriage security obligations, cost clarifications, and changes to insurance requirements and buyer and seller obligations. Parties using Incoterms® in their contracts should be aware of, and where possible take the benefit of, these changes. Unless the applicable Incoterms® rules are otherwise specified, contracts entered into effective from January 1, 2020 that refer to Incoterms® rules, will likely be assumed to be using the 2020 rules.
  • NAFTA "2.1"—The Amended and Final Canada-United States-Mexico Agreement
    Blog / December 17, 2019
    On December 10, 2019, Canada, the United States and Mexico signed an Amending Protocol that revises the Canada-United States-Mexico Agreement (CUSMA) and steers its path toward ratification.  Also [...]
  • Jessica Horwitz on AALA Trade Webinar
    Speaking Engagements / October 23, 2019
    Jessica Horwitz  presents "The USMCA and the US-Canada Trade Relationship" on the American Agricultural Law Association webinar: Tough Times in Farm Country: Taking the Pulse of the Agricultural Trade Climate. 
  • Canada Implements New Export Brokering Controls to Join the UN Arms Trade Treaty
    Blog / September 18, 2019
    On September 17, 2019, Canada formally became a party to the United Nations Arms Trade Treaty (ATT), an international treaty that aims to regulate trade of conventional arms, including small arms, battle [...]
  • Canada Seeks Input on New Members for the CPTPP Agreement
    Blog / August 06, 2019
    The Government of Canada has invited members of the public to submit views on the potential admission of additional members to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, [...]
  • Jessica Horwitz on Bill C-101 in Law Times
    In The News / August 06, 2019
    Jessica Horwitz comments in Law Times on Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act. 
  • Sanctions Round-Up: Nicaragua, Venezuela, Ukraine and Yemen; White Supremacist Groups Added to Anti-Terrorism List
    Blog / July 31, 2019
    The Government of Canada made a number of changes last month to its economic sanctions and anti-terrorism regimes.
  • Dawn Doesn't Break Without Women in Trade
    Blog / June 21, 2019
    The Japanese proverb "dawn doesn't break without a woman" refers to the Shinto sun goddess Amaterasu. Revered as “the great divinity illuminating heaven,” Amaterasu once blocked herself in [...]
  • Trade Roundup: What's New in Steel Safeguards, U.S. Surtaxes and CUSMA
    Blog / June 12, 2019
    There have been a number of developments in recent weeks affecting Canada's surtaxes on imports of certain steel, aluminum, and other goods to Canada. This post summarizes the recent changes. 1. Final [...]
  • Bennett Jones Sponsors the 2019 ICPA Canada Conference in Toronto
    Event / May 16, 2019
    Protect your goods and your interests when doing business in Canada by starting on the right foot. Meet Canadian customs and international trade law leaders from Bennett Jones at this year's ICPA Conference in Toronto.
  • Canada Ends Surtax on Certain Steel Imports but Launches Consultations on Other Protection
    Updates / April 29, 2019
    Effective Monday, April 29, 2019, the Government of Canada discontinued its 25% provisional safeguard surtax imposed since October 25, 2018, on imports of concrete reinforcing bar, energy tubular products, hot-rolled sheet, pre-painted steel and wire. The Government also confirmed in a news release on April 26, 2019, that it will implement definitive safeguard measures on imports of heavy plate and stainless steel wire that the Canadian International Trade Tribunal found on April 3, 2019, to have caused or threaten injury to domestic steel producers.
  • Canadians to Face U.S. Liability under Helms-Burton as of May 2, 2019
    Blog / April 17, 2019
    In a reversal of long-standing U.S. policy, any person or entity with business operations or relationships in Cuba may soon face civil liability in the United States. On April 17, 2019, the Trump administration [...]
  • New Russia Sanctions Designations
    Blog / March 16, 2019
    On Friday, March 15, 2019, the Government of Canada amended its Russia economic sanctions regulations to add a number of new individuals and entities to the restricted party list. See Regulations Amending [...]
  • The Safe Food for Canadians Act: What AgriFood and Beverage Businesses Need to Know
    Blog / February 22, 2019
    The new Safe Food for Canadians Act (SFCA) and the Safe Food for Canadians Regulations (SFCR) came into force on January 15, 2019. These new laws modernize and streamline the food safety regime administered [...]
  • Canada Increases Steel Quota for Mexico and Drops Surtax on Re-Imported Canadian Steel
    Updates / February 15, 2019
    Without fanfare or announcement, the Government of Canada made two important amendments to the provisional surtaxes on steel products imported into Canada.
  • Jessica Horwitz in Law Times on CPTPP Coming Into Force
    In The News / December 11, 2018
    Jessica Horwitz is featured in Law Times look at the coming into force of the Comprehensive and Progressive Trans Pacific Partnership. She explains the effect of the shortened year-one phase out in the CPTPP, tariff elimination under the agreement, the impact of CPTPP for Canadian exporters to Mexico, and the overall advantages of free trade for the Canadian economy. 
  • Kingston Economic Development on USMCA CPTPP and Manufacturing
    Speaking Engagements / December 10, 2018
    Jessica Horwitz spoke to the Kingston Economic Development Corporation as it presented the findings of a Business Retention and Expansion survey that engaged local manufacturing companies. 
  • Canada to Impose Provisional Steel Safeguards Effective October 25
    Updates / October 15, 2018
    Effective October 25, 2018, provisional safeguard measures apply to seven categories of steel products imported into Canada from most countries. These provisional safeguard measures take the form of tariff rate quotas (TRQs), with a 25% over access surtax that will apply to imports for 200 days from October 25, 2018, to May 13, 2019.
  • Introducing the U.S.-Mexico-Canada Agreement (USMCA)
    Updates / October 04, 2018
    After 13 months of negotiations, the United States, Mexico and Canada have concluded the United States-Mexico-Canada Agreement (USMCA). The USMCA is designed to replace the quarter-century-old North American Free Trade Agreement (NAFTA). The new agreement, reached on September 30, 2018, should temper the uncertainty that has hung over access for Canadian goods and services to the U.S. market and improve business confidence in Canada. However, the USMCA will not come into force until it is ratified, which may not occur before early 2019.
  • Jessica Horwitz on Strategies for Business in Canada/U.S. Trade
    In The News / August 06, 2018
    Jessica Horwitz comments in Law Times on why Canadian businesses should examine their products and consider available government assistance programs to weather the uncertainty of the ongoing trade battle between Canada and the United States over steel and aluminum products. Jessica says that companies may want to consider: Writing into their contracts that they will only purchase goods not made in the United States; and Splitting the surtaxes with the vendor or writing clauses that will allow for them to adjust prices based on what happens in the futur.e  “This area of law is changing fairly quickly and is very politically driven,” Jessica says. “Things could change with very little notice.”
  • Jessica Horwitz on Canada-U.S. Trade Disputes
    In The News / July 20, 2018
    Jessica Horwitz comments in Yahoo Finance on the impact of Canada’s surtaxes on U.S. originating goods. These countermeasures were in response to U.S. tariffs on Canadian steel and aluminum. Jessica says the impact of the surtax will depend largely on the importance of the import: “If a Canadian company gets all of its supply of the goods that it sells or the goods that it uses as input to manufacture other goods in Canada from the U.S., and those goods are of U.S. origin, that’s going to be a big problem for the company. The company would then need to find an alternative source of supply or products, or see whether they qualify for any exemption or programs that reduce the impact of the surtax.” As far as how consumers might be affected, Jessica says it will depend on whether or not companies want to pass down new costs. “Some companies might make the decision to absorb the cost because they don’t want to lose sales. That could affect the performance of the company but not necessarily consumers.”
  • Countering the Countermeasures Mitigation Strategies for Importers
    Blog / July 18, 2018
    Since July 1, 2018, Canada has imposed 25% and 10% ad valorem surtaxes on the importation of a wide variety of U.S. "originating" goods. Canadian and non-resident importers have been wondering what they [...]
  • 2017 International Transportation Law Year in Review
    Articles / July 10, 2018
    Jessica Horwitz is the co-author of "International Transportation Law" published in The 2017 Year in Review: An Annual Publication of the ABA/Section of International Law. 
  • Canada Counters U.S. Tariffs with Measures of its Own
    Blog / June 30, 2018
    The Government of Canada has released its updated list of U.S. products that will be subject to a surtax when imported into Canada as of July 1, 2018. The final list targets approximately $16.6-billion [...]
  • Canada Retaliates to U.S. Tariffs on Steel and Aluminum
    Blog / June 05, 2018
    As of midnight on May 31, the Trump administration revoked the exemptions to the U.S. ad valorem tariffs on imports of steel and aluminum previously granted to Canada, the EU, and Mexico. In a swift response [...]
  • ICPA Conference
    Event / May 07, 2018
    Protect your goods and your interests when doing business in Canada by starting on the right foot. Meet Canadian customs and international trade law leaders from Bennett Jones at this year's ICPA Conference [...]
  • Facilitation Payments Declared Illegal Under Canadian International Corruption Law
    Blog / October 31, 2017
    The government of Canada announced on October 30 that the exception allowing for facilitation payments under the Corruption of Foreign Public Officials Act (CFPOA) will be eliminated effective October [...]
  • American Bar Association International Law Fall Meeting 2017 - Opportunities and Challenges of Doing Business in and with the New Cuba
    Speaking Engagements / October 26, 2017
    Jessica Horwitz presented at the American Bar Association on Opportunities and Challenges of Doing Business in and with the New Cuba.  Panel description: In 2016, the Obama Administration took numerous actions to make permanent improvements to relations between the U.S. and Cuba, including some commercial ones. However, various key aspects of the long-standing U.S. embargo against Cuba remain in place and cannot be eliminated absent legislation, which neither Congress nor President Trump seem intent on seeking. Complicating things further, Canada and the European Union (EU) have blocking regulations that prohibit entities subject to their jurisdiction from complying with the U.S. embargo against Cuba. During this interactive program, a panel comprised of government officials, in-house counsel, and private practitioners from the U.S., EU, and Canada will analyze several hypothetical transactions to demonstrate the opportunities and challenges that exist for companies that seek to do business in or with the new Cuba. In addition, the panelists will discuss best practices for complying with U.S., EU, and Canadian laws relating to Cuba.
  • American Bar Association Fall Conference Miami, Florida
    Speaking Engagements / October 26, 2017
    Darrel Pearson, together with Jessica Horwitz, recently attended the American Bar Association’s (ABA) Fall Conference from October 25-26 in Miami, Florida. Darrel appeared as the Moderator and Jessica appeared as the Panel Chair for a presentation regarding “The OECD’s Base Erosion and Profit Sharing (BEPS) Project: Impact on Multinational Doing Business in the Americas (Customs and Tax).
  • American Bar Association International Law Fall Meeting 2017 - Due Diligence in International MA Transactions in a New Protectionist Era
    Speaking Engagements / October 25, 2017
    Jessica Horwitz presented at the American Bar Association on Due Diligence in International M&A Transactions in a New Protectionist Era (Business Law). Panel description: Since winning the 2016 election, President Trump has sought to implement a number of protectionist measures that he believes will help to fulfill his “Make America Great Again” campaign pledge. Conversely, a number of countries, including Brazil, have taken actions to open their markets. These developments are making it very challenging for companies engaging in international merger and acquisitions (M&A) and the lawyers who advise them on such deals. During this lively program, a panel comprised of in-house counsel and private practitioners from the U.S., Canada, and Latin America will analyze several hypothetical transactions to demonstrate the opportunities and challenges that exist for companies seeking to pursue international M&A deals in this new era. They also will discuss recent enforcement developments where U.S. authorities have relied on the successor liability doctrine to impose penalties on acquirers for violations of U.S. export controls and economic sanctions committed by the target company prior to the acquisition. In addition, the panelists will offer recommendations for effectively complying with U.S., Canadian, and Brazilian trade and investment laws when pursuing international M&A deals.
  • Jessica Horwitz in Panama City at Inter-American Bar Association Conference
    Speaking Engagements / June 29, 2017
    Jessica Horwitz spoke on a panel at the 53rd Inter-American Bar Association Conference in Panama City on "International Trade Agreements and the Practice of Law". T?he IABA represents a permanent forum for the exchange of professional views and information for lawyers to promote the Rule of Law and protect the democratic institutions in the Americas.
  • Jessica Horwitz on LAWYERED on International Trade Law
    In The News / June 28, 2017
    Jessica Horwitz appears on LAWYERED for an in-depth discussion about the legal issues that impact Canada’s trade abroad. She shares her insights on trade remedies, the CETA and foreign corruption legislation. LAWYERED is a bi-weekly, independent podcast series that takes a critical look at current Canadian legal issues. 
  • Trade Remedies in the Age of Trump: Impact on Canadian Businesses
    Blog / June 13, 2017
    The election of U.S. President Donald Trump has heralded a new protectionist era of international trade. Since Trump's inauguration, the U.S. has withdrawn from the Trans-Pacific Partnership agreement, [...]
  • Changes to Canada's Iran Sanctions - Your Questions Answered (and a Flowchart)
    Blog / February 11, 2016
    On February 5, 2016, the Government of Canada amended its economic sanctions on Iran to significantly ease restrictions on doing business. The changes were in response to Iran's compliance with its the [...]
  • Canada Eases Iran Sanctions and Opens Trade for Key Industrial Sectors
    Blog / February 05, 2016
    The Government of Canada today announced important amendments that loosen its economic sanctions against Iran. The amendments follow on the successful implementation of the Joint Comprehensive Plan of [...]
  • Implementation Day for the P5+1 Iran Nuclear Agreement: What It Means for Canadian and International Businesses
    Blog / January 18, 2016
    January 16, 2016, marked "Implementation Day" for the Joint Comprehensive Plan of Action (JCPOA), the historic nuclear non-proliferation and sanctions reduction agreement reached between the "P5+1" countries [...]
  • Implementation Day for the P5+1 Iran Nuclear Agreement: What it Means for Canadian and International Businesses
    Articles / January 16, 2016
    January 16, 2016, marked “Implementation Day” for the Joint Comprehensive Plan of Action (JCPOA), the historic nuclear non-proliferation and sanctions reduction agreement reached between the “P5+1” countries (the United States, the United Kingdom, China, Russia, France and Germany), the European Union (EU), and the Government of Iran on July 14, 2015. Canada was not party to the JCPOA agreement. View full article here: Implementation Day for the P5+1 Iran Nuclear Agreement: What it Means for Canadian and International Businesses.
  • Canada Announces Free Trade Agreement with the Ukraine
    Blog / July 16, 2015
    On July 14, at a ceremony near Ottawa, Prime Minister Stephen Harper and Ukrainian Prime Minister Arseniy Yatsenyuk announced the conclusion of negotiations on a Canada-Ukraine Free Trade Agreement (CUFTA). The [...]
  • Canada Expands Sanctions on Russia and the Crimea Region of the Ukraine
    Blog / July 03, 2015
    On Monday, June 29, 2015, the Canadian government expanded its economic sanctions against Russia and the Crimea region of the Ukraine. Three additional individuals and 14 entities were added to the list [...]
  • Additional Insights on APO Practice and Procedure in Anti-dumping and Countervailing Duty Proceedings in Canada, Mexico and the United States
    Articles / April 20, 2015
    Canada's Special Import Measures Act (SIMA) and the Canadian International Trade Tribunal Act each contain provisions that create an offence for failure to comply with a confidentiality undertaking entered into under those statutes. Both offences include the maximum penalty of a fine of up to CAD 1 million if the person is tried on indictment (or a fine of up to CAD 100,000 upon summary conviction). Offences of this nature are initiated on the consent of the Attorney General of Canada and prosecuted by the Public Prosecution Service of Canada. Additionally, counsel who has breached a disclosureundertaking may be ineligible to enter into future undertakings with the Canada Border Services Agency (CBSA) or the Canadian International Trade Tribunal (CITT), which would severely limit that person's ability to represent clients in future cases before these bodies. In the normal course, one might expect the first procedure to emanate from a complaint or motion by the wronged party to the CITT or the CBSA, as the case may be. Written by Darrel H. Pearson and Jessica B. Horwitz, and published Volume 10 of Global Trade and Customs Journal, Issue 4, pp. 161–170.
  • Canada Imposes New Trade Restrictions on Russia's Oil Exploration and Extraction Sector
    Blog / December 20, 2014
    On Friday, December 19, 2014, the Government of Canada announced amendments to the Special Economic Measures (Russia) Regulations to impose product-specific restrictions on the supply of certain goods [...]
  • International Anti-Corruption Day
    Blog / December 09, 2014
    Today is International Anti-Corruption Day. This occasion is a good opportunity to think about whether your organization has sufficient systems, policies and controls in place to ensure ethical and responsible [...]
  • Canada and the EU Complete Trade Treaty Negotiations
    Updates / August 12, 2014
    On August 5, 2014, Canada and the European Union (EU) announced that they have completed negotiation of the Comprehensive Economic and Trade Agreement (CETA). Canadian businesses interested in entering the EU market or expanding their presence there, and EU businesses interested in doing the same in Canada, should start to plan how best to take advantage of the substantial opportunities the CETA will create.
  • Canada's Economic Sanctions Against Ukraine and Russia Extended to Additional Individuals and Entities; Oil & Gas Technology Sanctions Expected Soon
    Blog / August 06, 2014
    On August 6, 2014, Canada amended the Special Economic Measures (Ukraine) Regulations and Special Economic Measures (Russia) Regulations to further expand the list of "designated persons", both individuals [...]
  • Administrative Protective Orders: Protection of Confidential Information in Canadian Trade Remedy Proceedings
    Articles / July 24, 2014
    Trade remedy disputes require parties to adduce evidence that includes commercially sensitive business information and strategies. Canada's trade remedy system seeks to strike a balance between the interests of parties in preventing harmful disclosure of confidential information and the public's need for transparent and expedient administration of justice. This paper provides an overview of the mechanisms and procedures available in Canada for the treatment and disclosure of confidential information in the context of trade remedy disputes and judicial review of those decisions, and includes a discussion of existing challenges and areas of concern in the Canadian context. Written by Darrel H. Pearson and Jessica B. Horwitz, and published in Volume 9 of Global Trade and Customs Journal, Issue 7/8, pp. 290–297.