Canada’s Special Import Measures Act (SIMA) and the Canadian International Trade Tribunal Act each contain provisions that create an offence for failure to comply with a confidentiality undertaking entered into under those statutes. Both offences include the maximum penalty of a fine of up to CAD 1 million if the person is tried on indictment (or a fine of up to CAD 100,000 upon summary conviction). Offences of this nature are initiated on the consent of the Attorney General of Canada and prosecuted by the Public Prosecution Service of Canada. Additionally, counsel who has breached a disclosure
undertaking may be ineligible to enter into future undertakings with the Canada Border Services Agency (CBSA) or the Canadian International Trade Tribunal (CITT), which would severely limit that person’s ability to represent clients in future cases before these bodies. In the normal course, one might expect the first procedure to emanate from a complaint or motion by the wronged party to the CITT or the CBSA, as the case may be.