National Security Review of Investments Modernization Act

An Act to amend the Investment Canada Act

Sponsor

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Investment Canada Act to, among other things,
(a) require notice of certain investments to be given prior to their implementation;
(b) authorize the Minister of Industry, after consultation with the Minister of Public Safety and Emergency Preparedness, to impose interim conditions in respect of investments in order to prevent injury to national security that could arise during the review;
(c) require, in certain cases, the Minister of Industry to make an order for the further review of investments under Part IV.1;
(d) allow written undertakings to be submitted to the Minister of Industry to address risks of injury to national security and allow that Minister, with the concurrence of the Minister of Public Safety and Emergency Preparedness, to complete consideration of an investment because of the undertakings;
(e) introduce rules for the protection of information in the course of judicial review proceedings in relation to decisions and orders under Part IV.1;
(f) authorize the Minister of Industry to disclose information that is otherwise privileged under the Act to foreign states for the purposes of foreign investment reviews;
(g) establish a penalty not exceeding the greater of $500,000 and any prescribed amount, for failure to give notice of, or file applications with respect to, certain investments; and
(h) increase the penalty for other contraventions of the Act or the regulations to the greater of $25,000 and any prescribed amount for each day of the contravention.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Nov. 20, 2023 Passed 3rd reading and adoption of Bill C-34, An Act to amend the Investment Canada Act
Nov. 7, 2023 Passed Concurrence at report stage of Bill C-34, An Act to amend the Investment Canada Act
Nov. 7, 2023 Failed Bill C-34, An Act to amend the Investment Canada Act (report stage amendment) (Motion 3)
Nov. 7, 2023 Passed Bill C-34, An Act to amend the Investment Canada Act (report stage amendment) (Motion 1)
Nov. 6, 2023 Passed Time allocation for Bill C-34, An Act to amend the Investment Canada Act
April 17, 2023 Passed 2nd reading of Bill C-34, An Act to amend the Investment Canada Act

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:10 p.m.


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Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, I want to acknowledge my colleague, the member for Halifax, who is also the Parliamentary Secretary to the Minister of Innovation, Science and Industry. It is all well and good to use figures that suit the government. We are used to that with the Liberal government.

My colleague mentioned that Canada is ranked second among G20 countries for foreign investment. That is excellent. We attract companies, but we do not invest. Canada is ranked last among G20 countries for investment in business research and development. I also want to remind my colleague that Canada is the only G7 country that has reduced its investment in research and development in the past 20 years.

It is fine to present figures that look good. However, does he agree that Canada has one of the worst records when it comes to investment in business? Even the magazine Science says that researchers do not want to come to Canada because the scientific ecosystem is lacking and there is not enough funding.

What does my colleague have to say about that?

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:10 p.m.


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Liberal

Andy Fillmore Liberal Halifax, NS

Madam Speaker, I want to thank my colleague for his good question.

We have conflated two issues in this question. One is the issue of domestic investment in research. I agree with my colleague that we can always do better by investing more in Canadian research. That is a very serious pet project of mine, and I work on it weekly.

Coming back to the question of foreign investment, the ranking in the G20 is, in fact, a global ranking. That is something that the government has managed to shift and bring us from the back of the pack up to a very promising place. These seeds that are being planted by the minister through his work will grow and bloom. We will see tremendous foreign investment that will elevate research and productivity, it will create jobs in manufacturing and help us into a just transition.

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:10 p.m.


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NDP

Lindsay Mathyssen NDP London—Fanshawe, ON

Madam Speaker, New Democrats support the modernization and improvements to the Investment Canada Act. One of the things we are looking for, of course, is the prevention and loss of publicly funded research dollars and development dollars when that money is transferred out of the country.

I reference specifically a case in London, Ontario, where the Conservative government, in 2008, provided funds not only through tax cuts but also research and development dollars to Electro-Motive Canada. Caterpillar bought out the company, moved it to the States and took all that money with it. There was no repayment. There were no consequences, and many Londoners lost their good-paying jobs.

I ask the parliamentary secretary if—

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:10 p.m.


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The Assistant Deputy Speaker Carol Hughes

We have really run out of time.

The hon. parliamentary secretary, give a brief answer, please.

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:10 p.m.


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Liberal

Andy Fillmore Liberal Halifax, NS

Madam Speaker, I will repeat something I said during my remarks. Economic security is national security. The purpose of Bill C-34 and modernizing the ICA is to not only protect Canada's national security but to ensure that any foreign investments bring a net economic benefit into the country.

That answer with my previous answer, I hope, would satisfy the member.

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:15 p.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, I am going to share my time with the member for Abbotsford.

Conservatives have been calling for changes to this act for years. For nearly eight years, the government has ignored the growing role of state-owned and state-controlled enterprises in Canada’s economy. For nearly eight years, the government has failed to take seriously the threat posed by the government of Beijing.

For nearly eight years, the government has sat back passively while Beijing has used ostensibly private corporations as proxies to project its government's power and influence into the Canadian economy. After eight years, the government has finally tabled legislation to strengthen the Investment Canada Act, which is a good thing, but it is something that should have been done years ago.

To assess the government's credibility on the issue, it is important that we examine its track record on protecting Canadians from investment by authoritarian regimes in the Canadian economy. This is a government that, in 2017, failed to conduct a national security review when Beijing-owned Hytera Communications bought Norsat.

The former minister Navdeep Bains and the Prime Minister falsely claimed that a review was done, obfuscating the mandatory 45-day waiting period for approval with an actual, fulsome national security review as defined in the existing act. Even Tom Mulcair, the former leader of the NDP, criticized the government for rubber stamping the Hytera deal.

This takeover had serious consequences for Canada’s credibility with our allies. Norsat was an American defence contractor, and Canada allowed this takeover without a proper security review. Such a review was an option, and is an option, for the government under the existing Investment Canada Act, and that option was not undertaken on the Hytera deal.

Since then, Hytera has been banned from doing business in the United States and faces 21 espionage charges. This is the company that the government let into Canada without a national security review on the Norsat deal. The same company then received a contract to supply radio communications work to the RCMP. The same company had a contract with the Canada Border Services Agency for X-ray equipment.

This is the same government that also failed to stop Anbang from buying a chain of seniors homes, as we heard earlier from the NDP. Anbang also bought other buildings, which raised concerns not only about the substandard care that subsequently occurred in the seniors homes it took over, but also about corporate espionage in other buildings that were part of that deal.

This is a government that contracted with a company, whose founder was connected to the very top echelons of the PRC, to supply X-ray equipment to 170 embassies. This is a government that took years to finally ban Huawei from being a supplier of infrastructure to Canada’s 5G network, despite the obvious national security concerns. This reluctance has compromised Canada’s credibility with our Five Eyes intelligence partners. The government’s current industry minister approved the Neo Lithium takeover without a national security review

The opposition has spent years raising important questions about cracks and loopholes in existing laws, while the government claimed that there was no need to change the law until now, and it falsely claimed that it was using the tools available to it to help keep Canadians safe. It did this with such arrogance. It claimed that the opposition was simply playing politics whenever we raised a question about national security.

This is what the Liberals do. They dig in, when they find themselves on the wrong side of an issue, then finally flip while ignoring their past intransigence. This sudden flip, like what we are seeing right now with Bill C-34, on the need to address investment by autocratic, state-owned enterprises, is just like last week’s flip on Bill C-21 when they attempted to ban hunting rifles and shotguns.

Did they admit that the opposition was right all along? No. Did they thank the opposition for raising a point that they made a mistake that needed to be fixed? Did they admit that they were misleading Canadians for months? Did they admit that they were falsely claiming that the opposition was lying about the consequences of their amendment? Did the Minister of Public Safety admit that he was wrong and that he had misled Canadians? Did he apologize for attacking the opposition's motives? No, of course not. That is not what they do.

What they do is attack the motives of those who criticize them. When it becomes absolutely clear, like it is on this issue today of investment by autocratic state-owned enterprises, they might backpedal, but they do not take responsibility. They do not apologize or admit they were wrong.

As the opposition, we are just doing our job when we raise questions about public policy concerns, identify mistakes the government has made and identify shortcomings in existing laws or potential consequences of new laws or policies. The opposition has an ancient and sacred obligation to force the government to try to be better, and I just wish that it would listen from time to time, especially when it comes to national security.

Liberals and Conservatives are probably not very far apart from each other on the role of government when it comes to national security. I would hope that we are not far apart. This is not an ideological difference. We all care about our national security. With that in mind, I have some suggestions and points for Parliament to consider and hopefully also for the government to consider.

The bill would give the minister significantly more power but not necessarily a pathway to the best decisions. One thing this bill would do is shift power from cabinet, from order in council, to direct ministerial decision-making. This may result in faster decision-making but not necessarily better decisions.

I am concerned that the lack of a clear, strong definition of a state-owned enterprise may harm foreign investment in Canada overall without protecting Canadians from hostile foreign governments. The Canadian economy relies on direct foreign investment, and the parliamentary secretary talked about that. We need foreign, private capital from reciprocating open economies, and we have to be careful about what signals the bill sends to global capital markets.

I am disappointed that the bill does not simply allow the government to ban governments of autocratic and hostile regimes, such as Russia, Iran, North Korea or the People's Republic of China, through a simple list. This might be the easiest way to deal with the small number of countries seeking to exert power and influence within the Canadian economy through state-owned enterprises.

I am concerned that the bill does not appear to capture transactions where, rather than shares, a Canadian company sells assets, such as mines, farms, intellectual property and data, to a foreign state-owned enterprise.

I am especially concerned that maintaining the existing $400-million threshold for a mandatory government approval of a foreign takeover leaves the door wide open for the growing concern of Beijing-affiliated entities buying up farms, fishing enterprises, wharves and airport cargo facilities. These enterprises may have diverse ownership, but in aggregate, they have the potential to distort markets for important commodities, such as food. If the buyer of a Canadian company is the Government of China, the threshold for a national security review should be zero dollars, and every transaction of the foreign enterprises owned by the state should be captured.

In short, I do agree that the bill is an attempt to address serious and important policy concerns, and I will support the motion that is before the House to send the bill to committee. My opposition colleagues and I are committed to working with other parliamentarians to make the bill better.

No party has a monopoly on good ideas. This is a great opportunity to show Canadians that parliamentarians can work together and that the result of Parliament's adversarial process is that the best ideas will prevail through debate. As we debate the bill and study it at committee, we can co-operate, get beyond past mistakes and get serious about protecting Canadians from property theft, espionage, intellectual property theft, market distortions and other harms that result when foreign governments that are hostile to Canada's way of life take advantage of our open society and open economy. We are talking about transactions that are not fuelled by the market but by the raw power of a state to exert its influence on the Canadian economy.

Therefore, I will vote for the bill, but it is weak and needs a lot of work.

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:25 p.m.


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Liberal

Ruby Sahota Liberal Brampton North, ON

Madam Speaker, I need further clarification of some of the comments made later in the member's speech about there being a zero threshold. I think that might not be the most effective use of everyone's time if we are chasing every dollar investment that is made in Canada. Does the member find that would be time well spent in our system?

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:25 p.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, I think I was quite careful and precise in what I said, but I will repeat it. I said that if the foreign buyer is a Chinese state-owned enterprise, the threshold should be zero. The threshold for the dollar amount of a transaction by a Chinese state-owned enterprise should be zero.

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:25 p.m.


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Bloc

Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC

Madam Speaker, I found my Conservative colleague's speech very enlightening. I find it interesting that he pointed out that there have been cases in the past, which were investigated after the fact, where there was an obligation to conduct a national security review. The government does not seem to have done the work it was required to do and analyze whether the investment was a good idea or not.

The bill under consideration, Bill C‑34, is intended to provide a bit more authority. At the end of the day, if the requirement is the same, if the government is not doing its job any more than it is now, does my colleague think that anything will change?

I find it peculiar because he talked about a case. In my riding, there was a case where there was also an obligation to review. Thanks to an access to information request, it was discovered that there had been no review. It seems that the government is systematically delinquent when it comes to its own obligations. How does that happen?

Does that not worry my colleague?

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:25 p.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, that is an excellent point, which I did touch on, but it bears repeating. The government failed to use the existing tools under this act in the past, so here we are, debating the creation of new tools and stronger tools with a government that would not use the tools that already existed. Its credibility on this issue is a problem, and we need to get really serious about this, not just through new laws but also through implementation of laws, both existing and new, as contemplated in Bill C-34.

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:25 p.m.


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NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, the Harper government increased the threshold above which foreign takeover of a Canadian firm is reviewed from $330 million to $1 billion. I am wondering if the member stands by that decision or if he supports reducing the current threshold to zero so every prospective transaction by either state-owned or state-controlled enterprises triggers a review.

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:25 p.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, as I said both in my speech and in my remarks to the government deputy whip, if the buyer is a state-owned enterprise of an autocratic regime like the People's Republic of China, the threshold should be zero.

With respect to the preamble to her question regarding the increase to the threshold in general, I think that was made to be compliant with regulation under the WTO. I was not a member of that government, but that is my understanding of why that decision was made quite a number of years ago.

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:25 p.m.


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Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Madam Speaker, there seems to be some confusion on the Liberal side about this issue of zero state-owned enterprises. In the last quarter, four lobster-buying businesses in my riding were acquired by a Chinese state-owned enterprise. It controls the price at the dock. It paid five times the value of the business. It is taking that over. That is why, from my view, I support what the member said, but I wonder if the member could expand on that a little more to educate the folks on the government side so they will accept some amendments.

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:25 p.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, that is what this is all about: debate to get the best ideas out there. That is why it is important to go to a zero-dollar threshold when we are talking about a state-owned enterprise from the People's Republic of China. They buy a series of small businesses that in aggregate can actually distort markets. Buying a single fishing boat or buying a single wharf is perhaps not going to distort the market, but when a whole series of transactions below a threshold are combined, it will have the effect of a much larger transaction.

National Security Review of Investments Modernization ActGovernment Orders

February 8th, 2023 / 6:30 p.m.


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Conservative

Ed Fast Conservative Abbotsford, BC

Madam Speaker, it is a pleasure to talk about foreign investment, because as members may recall, in a past life in the Harper government, when we had a robust trade and investment agenda, I had the opportunity to be the trade minister. I travelled around the world to many different countries promoting Canadian investment. That is a two-way street, of course. We can talk about Canadians investing abroad, which we do, but there are also foreign companies—