Cyndee Todgham Cherniak

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Cyndee Todgham Cherniak is the founding lawyer of LexSage, a boutique international trade law and sales tax firm in Toronto, Ontario. She has practiced for almost 20 years at Canada’s top Bay Street law firms.

Latest Articles

On October 25, 2019, the Canada Border Services Agency (“CBSA”) announced that they were modernizing NEXUS kiosks across Canada, starting with Vancouver airport, to use facial recognition technology.  Hidden in the announcement is the following significant NEXUS Program rule change: “It is also important to note that declarations will not be completed at the new kiosks. If you have something to declare you must do so verbally, to an officer, at a clearly marked area…
The original Canada-Israel Free Trade Agreement (known as the “CIFTA”) entered into effect on January 1, 1997.  It was a limited free trade agreement. The CIFTA was previously amended on July 5, 2002 and November 1, 2003.  On May 28, 2018, Canada and Israel again amended the CIFTA by signing the Canada-Israel Free Trade Amending Protocol 2018. On May 27, 2019, Bill C-85: An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and
The answer is “possibly”.  It is possible that the Canada Border Services Agency (“CBSA”) will confiscate your NEXUS membership if the Primary CBSA Officer or a Secondary CBSA Officer smells cannabis in your vehicle.  Even though cannabis can be sold legally in Canada and in many U.S. states, it is not legal to import cannabis into Canada unless you are a licensed producer (and they do not import cannabis in their cars). Even if you…
Persons who are registered with the Controlled Goods Directorate must notify the Minister of Public Services and Procurement of any actual or potential data breach within 3 days of discovery of the breach.  Since the requirement includes potential data breaches, Controlled Goods Registrants should report any hacking incidents, potential data breaches, employees taking company data, loss of USB keys with controlled information, etc.  Most companies know about reporting requirements under the Privacy Act, but do…
Yes, it is possible that the Canada Border Services Agency (“CBSA”) or the United States Customs and Border Protection (“USCBP”) will cancel your NEXUS membership for up to 6 years if you are the importer of counterfeit goods. As a result, you should be careful when ordering goods online. We are raising this issue now because many people have started their holiday shopping and buy goods online.  You must be careful and if a deal…
On October 29, 2019, the Canada Border Services Agency announced the start of the expiry review (Canada’s sunset review process) of the antidumping and countervailing duty order against carbon steel fasteners from China (AD/CVD) and Taiwan (only AD). The AD/CVD duties have been in effect since January 2005.  We were involved in the original investigation and the expiry reviews.  This is the third expiry review proceeding. The case is generally known to be against carbon…
On October 15, 2019, Global Affairs Canada informed reporters that new export permits of military equipment and technology and brokering permits in respect of goods destined for Turkey would not be approved.  There was not a formal Notice of Exporters (possibly because Canada’s federal election campaign was underway – election was held on October 21st). Canada also did not impose any formal restrictions under the Export and Import Permits Act or Special Economic Measures Act…
Canadian companies whose business operations involve Controlled Goods must report changes to their Controlled Goods Directorate registration before an acquisition. This means that companies and their in-house and outside lawyers must ensure that the closing checklist includes the Controlled Goods Directorate reporting requirement. The due diligence checklist should also include questions about Controlled Goods registrations so that the reporting requirement is included on the closing checklist. Subsection 9(2) of the Controlled Goods Regulations provides as…
The Canadian International Trade Tribunal (“CITT”) has changed their website and have added a page listing all the target dates for expiry reviews (5 year sunset reviews) of existing antidumping and countervailing duty orders. This is helpful to importers and foreign producers because Canada made changes to the Special Import Measures Act a few years ago.  It used to be easy to determine when the CITT Decision in an expiry review case would be issued…
On August 15, 2019, the Canada-United States Preclearance Agreement (officially known as the Agreement on Land, Rail, Marine and Air Transport Preclearance between the Government of Canada and the Government of the United States of America) entered into effect. The Canada-United States Preclearance Agreement was signed on March 16, 2015. Global Affairs Canada announced “New Canada-U.S. Preclearance Agreement comes into force, opening the door to enhanced travel and trade“.  The Canada-United States…