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 July 10, 2019, Bill C-21 “An Act to amend the Customs Act” entered into effect. On July 10, 2019, the Governor in Council published in the Canada Gazette, Part II, SI-2019-44 “Order Fixing the day on which this Order is made as the day on which that Act comes into Force” (PC-2019-904) and fixed the date of entry into force as the date of the Order. The Government of Canada issued an announcement…
The Government of Canada is consulting with stakeholders concerning the allocation and administration of tariff rate quotas (TRQs) for dairy (e.g., cheese, milk, butter), eggs and poultry (e.g., chicken, turkey). Canada’s dairy, poultry and egg TRQs are implemented and administered by Global Affairs Canada in accordance with the Export and Import Permits Act and its associated regulations, and ministerial policies set out in Notices to Importers.  Stakeholders have until 11:59 p.m. (Pacific Time) on August…
On July 8, 2019, the Canada Border Services Agency (“CBSA”) issued Customs Notice 19-14 “Mandatory electronic export reporting for exporters” in which it announced paper reporting will end on June 30, 2020.  Canadian exporters will not longer be able to file Form B13A to report exports. As of June 30, 2020, it will be mandatory for all exporters and their service providers to file export declarations electronically.  There will be two electronic reporting methods available…
On July 3, 2019, the Globe & Mail reported in an article entitled “Ottawa recommends RCMP investigate Canadian lobby firm representing Sudanese military” that the Royal Canadian Mounted Police (“RCMP”) has opened an investigation into whether Dickens & Madson (Canada) Inc. had violated Canada’s economic sanctions against Sudan.  Globe & Mail reporting and an Amnesty International letter prompted the investigation. Canada does not normally publicly announce criminal investigations.  Usually, no information is released until the…
On June 21, 2019, the Government of Canada announced that it was implementing/imposing economic sanctions against nine Nicaraguan officials in response to ongoing gross and systematic human rights violations by the Government of Nicaragua. The economic sanctions and trade restrictions were imposed under the Special Economic Measures Act.  Similar sanctions were imposed by the United States. On June 21, 2019, the Special Economic Measures (Nicaragua) Regulations were published in the Canada Gazette.  The economic…
Yes, there is a legal mechanism to appeal a currency seizure by the Canada Border Services Agency (“CBSA”).  You have a legal obligation to report any import and/or export of currency and/or monetary instruments of more than $Canadian 10,000 (including the equivalent in other currencies). We say “more than $Canadian 10,000”, we mean the combined value of all the currency and monetary instruments.  We do not mean each type of monetary instrument separately. When you…
On May 28, 2019, the Federal Court of Canada released its decision in Sharanek v. Minister of Public Safety and Emergency Preparedness, 2019 FC 751. Justice Pentney denied Mr. Sharanek’s judicial review because “he did not make submissions on the merits when offered the opportunity to do so”. The Canada Border Services Agency (“CBSA”) seized Mr. Sharanek’s currency. Mr. Sharanek was stopped by the CBSA as he boarded a flight to Germany and found…
The Canada Border Services Agency (“CBSA”) is granted the power to examine goods imported by travelers and returning residents.  Section 99 of the Customs Act gives CBSA officers the power to examine your suitcase, your purse, your backpack, your briefcase and your electronic devices. The word “goods” is defined in subsection 2(1) of the Customs Act to include “…any document in any form”. This means that the CBSA officers may examine electronic devices (including computers,…