Probably but with how weak the Canadian dollar is you can probably just eat the cost (assuming you're Canadian selling to the US).
You're right though, with digital goods it's ambiguous. If the company has a US entity is that the importer? That's the scenario that popped into my (somewhat tired) head. Probably because Canada has been trying to impose taxes on US tech companies with a similar argument.
If you buy a good online in a separate country, where is the transaction made?