Category Archives: NAFTA

Canadian Trade, Mrs. Clinton & the Democrats

Here is the link to a commentary of mine in the Globe & Mail Report on Business, 27 September 2016. It was written following the first presidential debate. http://bit.ly/2cKBfph In it, I say Canadians must not be naive to think our trade relations will be all sweetness and light under a Democratic administration. The protectionist mood… Read More »

BC’s Non-Resident Home Purchase Taxes and International Trade

Comments have been made in some quarters about the recently-announced 15% tax imposed by the BC government on non-resident purchases of residential property to the effect the measure might offend Canada’s obligations under the NAFTA. These come as a surprise, since few would have thought that an internal measure like this would even remotely involve… Read More »

Private Rule-Making & International Trade

Recent episodes such as the Earls Restaurant issue over so-called “humane beef” illustrate the impact of private sector standards, rules and best practices on international trade, outside the realm of governments and free-trade agreements. These industry-driven rules and “regulations” are having an increasing impact on international business. See my commentary, 13 May 2016, in the… Read More »

Canada and Investment Disputes-Tallying the Numbers

Canada Pays Out The federal government just announced that it was paying Mobil Investments and Murphy Oil some $19 million to satisfy a decision of a NAFTA investment arbitration panel last year. The tribunal found that certain guidelines of the Canada-Newfoundland Offshore Petroleum Board were discriminatory and thereby breached Canada’s NAFTA obligations. Although the government… Read More »

ISDS Redux: Canada Loses – But Very Little

It’s been reported that a NAFTA investment dispute panel has ordered Canada to pay $17 million in compensation to Exxon-Mobil and Murphy Oil due to changes to the  to the Canada-Newfoundland Offshore Petroleum Board Guidelines governing offshore oil and gas development on the continental shelf off Newfoundland and Labrador. The award isn’t public as yet, but… Read More »