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The Government of Canada has launched a new safeguard inquiry into imports of certain frozen and canned vegetables—a trade remedy proceeding that could result in the imposition of surtaxes or quotas on these products. A separate inquiry into certain wood furniture and flooring products may also be on the horizon.
In this article, the Gowling WLG international trade team explains what a safeguard inquiry entails, and outlines the potential implications for Canadian importers.
Announcement of the safeguard inquiry
On March 13, 2026, Canada’s Minister of Finance and National Revenue announced that the Government of Canada has directed the Canadian International Trade Tribunal (CITT) to conduct a safeguard inquiry into global imports of frozen and canned vegetables (Inquiry No. GC-2025-001 re Certain Vegetable Goods). The CITT issued its formal Notice of Commencement of the Safeguard Inquiry on 16 March 2026.
The scope of the inquiry covers a broad range of frozen and canned vegetable goods—whether they are packaged for retail, food service, industrial or other use—including:
- Corn
- Peas
- Green beans
- Wax beans
- Mixes of peas and carrots
- Mixed vegetables
- White, black, red or pinto beans
- Chickpeas
Goods excluded from the inquiry include:
- Fresh or dried vegetables
- Ready-to-eat meals or entrées where vegetables are not the primary component
- Vegetable goods substantially altered into purées, powders, juices, spreads, dips or pastes
The Order in Council issued by the Government directing this inquiry notes that certain vegetable goods are being imported into Canada in increased quantities, and the Government believes this to be the result of obligations, including tariff concessions, incurred by Canada under the World Trade Organization (WTO) Agreement, as well as unforeseen restrictive measures taken by other WTO members that appear to have caused significant trade diversion into Canada.
In parallel, the Government has indicated that it is also assessing an urgent, separate request for a safeguard inquiry on wood cabinets and vanities, hardwood flooring, and engineered wood storage furniture. Importers of these wood products should therefore be prepared for a potential second safeguard inquiry in the coming weeks.
What is a safeguard inquiry?
A safeguard inquiry is a trade remedy proceeding conducted by the CITT to determine whether increased imports of specific categories of goods (“the subject goods”) into Canada are causing or are threatening to cause serious injury to domestic Canadian producers of like or directly competitive goods.
Safeguard inquiries may be initiated by the CITT following a properly documented complaint of domestic producers, or by order of the government, as in the case of the current inquiry into imports of certain vegetable goods.
Unlike other trade remedy investigations, it is not necessary for imports to have been dumped or subsidized for a safeguard inquiry to take place. Rather, it concerns increased volumes of fairly traded imports from all sources, and the impacts of this on domestic producers.
The CITT must consider whether increased imports are a “principal cause” of “serious injury” or threatened serious injury to domestic producers, and if so, the most appropriate remedy.
Safeguard inquiries operate under strict timelines. The Tribunal has 180 days to conduct the inquiry and must report to the Minister by 9 September 2026.
Potential implications for importers
If the CITT determines that increased imports are a principal cause of either serious injury, or a threat thereof, to domestic producers, the Tribunal will recommend the most appropriate remedy to address the injury.
In the inquiry into certain vegetable goods, the CITT has been directed to recommend the most appropriate remedy to address any injury or threat of injury over a period of three years, in accordance with Canada’s rights and obligations under international trade agreements. The remedy can be extended, subject to certain conditions, up to a maximum of eight years.
In the inquiry into certain vegetable goods, the Tribunal has been specifically directed to consider the effect of any remedy on the affordability for consumers of certain vegetable goods and food security.
Available potential remedies include the following:
- An import surtax (i.e. tariff): this is an exceptional additional rate of duty applicable to the value of the subject goods on import, in addition to any rate of customs duty otherwise applicable.
- An import quota: This is an absolute limit on the volume of the subject goods that can be imported during a specified time period.
- A tariff-rate quota: This is a combination of an import quota and a surtax. An import surtax would become applicable to subject goods imported during a specified time period after the import quota for that period were exceeded.
The practical effect of any of these measures, if imposed, could be substantial. Importers of the subject vegetable goods could face significant additional costs on import, or their ability to import goods into Canada may be restricted through quotas. This could have a material impact on supply chains, pricing and business planning for any company that imports the subject frozen or canned vegetables into Canada.
Importers have a right to participate in the inquiry process and to make submissions to the Tribunal. Participation can include filing written case briefs and evidence, responding to Tribunal questionnaires, and presenting testimony and argument at the hearing. Importantly, however, only external legal counsel who have filed the requisite confidentiality undertakings are able to access the confidential information on the record, which is often needed to build an effective case.
Read the original article on GowlingWLG.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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