Preparing for U.S. tariffs

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The Trump administration’s planned tariffs on Canada are set to have local and global repercussions. Whether you’re an importer or an exporter, this situation brings its share of uncertainties and challenges. Having the support of experienced lawyers is crucial to tackling the current situation with confidence.

Our multidisciplinary team has the skills and strategic insight needed to help your business navigate and adapt to the situation.

We're here to help you tackle these challenges

Businesses will need to work closely with their customs brokers to fully leverage their expertise and address the anticipated impact of tariffs. Our tax team can then carry out in-depth analyses of your product classification under the applicable tariff categories. They can also assist with reviewing your corporate structure to optimize your tax efficiency while considering the impact of tariffs on your products.

Our Corporate and Commercial law group can support you with:

  • Contractual agreements and indemnifications:
    • Non-performance and force majeure
    • Price adjustment
    • Tariff cost sharing
    • Contract termination
  • Debt refinancing
  • Capital injection
  • Business reorganization
  • Compliance with applicable tariff regulations

Recommended reading: New U.S. tariffs: key legal and business considerations for Québec businesses

Our team has leading-edge expertise in litigation and arbitration involving private international law issues and can provide you with strategic advice should a dispute arise.

To enhance predictability and stability in their business relationships with U.S. partners, Québec businesses would benefit from considering the following contract clauses—or revising the terms in an existing one. These clauses would allow the parties to specify the governing law of their contract and whether disputes would be heard before a court or by an arbitrator:

  • Choice of forum and arbitration clauses
  • Applicable law clause

Recommended reading: Commercial contracts: clauses to help create certainty in uncertain times

Employers across Canada are assessing the impact of tariff changes. Our seasoned Labour and Employment team is here to support you navigate sensitive issues, such as:

  • Restructuring work teams
  • Group terminations
  • Reopening collective agreements
  • Managing unionization requests
  • Union pressure tactics
  • Performance or absenteeism issues linked to the climate of uncertainty
  • Support for employee-related government measures
  • Market positioning and employee communications
  • Transitional measures to avoid or delay the impact on:
    • Employees (team structure, temporary layoffs, reduced working hours or reorganization of work to develop new markets)
    • Your tendering and bidding processes

Our Insolvency and Restructuring team works closely with you to anticipate and address financial challenges, mitigate risk and implement solutions tailored to your business needs. Our approach includes:

  • Identifying risk factors and determining the measures to take to protect yourself or lessen the impact
  • Negotiating financing structures or bank deferrals
  • Financial and debt restructuring
  • Corporate restructuring
  • Identifying strategies to mitigate the impact of tariffs

Key contacts

Publications
March 6th, 2025

New U.S. tariffs: Key legal and business considerations for Québec businesses
On March 4, 2025, the U.S. government reaffirmed the enforcement of tariffs on Canadian exports, tough with some subsequent temporary exceptions. This is an evolving situation. February 1, 2025, U.S. President Donald Trump officially signed an executive order imposing new tariffs on Canada, Mexico, and China. These protectionist measures include a 25% tariff on most Canadian goods and a 10% tariff on Canadian energy imports. Originally set to come into effect on February 4, 2025, the implementation of these new tariffs was delayed by 30 days. In response, the Canadian government has announced retaliatory tariffs on U.S. goods.
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Publications
February 10th, 2025

Commercial contracts: Clauses to help create certainty in uncertain times
The current unpredictability of business relationships between Canada and the United States has caused concern for several Québec companies. To ensure greater certainty and stability when dealing with US business partners, commercial contracts can include clauses stipulating how and where eventual disputes will be resolved.
Read more