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7 Can.-U.S. L.J. 1 (1984)
Doing Business in Canada and the Judicial Review of Wrongful Government Statutory and Regulatory Action

handle is hein.journals/canusa7 and id is 7 raw text is: ARTICLES Doing Business in Canada and the Judicial Review of Wrongful Government Statutory and Regulatory Action by Gordon F. Henderson* and Emilio S. Binavincet I. INTRODUCTION n the context of United States-Canada trade relations, the variety of government regulatory constraints is a significant consideration in do- ing business in Canada. This is true whether or not the business activity is encompassed within the regulatory scheme of a United States-Canada treaty, convention or executive agreement. In Canada, an international agreement or treaty, does not directly establish rights and obligations of persons; only the statute implementing such treaty or agreement can alter or affect the private rights of persons. For this reason, the Canadian stat- utory or administrative rules are, in practice, more significant than the express guarantees found in the treaty, convention or agreement. These statutory or administrative rules, though often established as rules regulating internal municipal law problems, divorced from any gen- eral international law or treaty law considerations, also apply to the busi- ness or commercial activity of foreign nationals. In recent years, particu- larly in the last ten to fifteen years, statutory and administrative rules specifically directed to foreign business, particularly American, have been established. The large majority of these rules were established by the fed- eral government, and less significantly by the government of the prov- inces or municipalities. The impact of these rules upon the climate of foreign investment generally, and particularly upon the security of such investment, the eq- uitable return, and the ability of the investor to expatriate the earnings or * Partner, Gowling & Henderson, Ottawa; LL.M., Osgoode Hall (1937); B.A., University of Toronto (1934). t Partner, Gowling & Henderson, Ottawa; LL.M., Harvard (1962); LL.B. (1957), B.A. (1954), Manuel L. Quezon University, Philippines.

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