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 17th, 2023 / 10:10 a.m.


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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Mr. Speaker, I thank my colleague for his very good speech and all of the constructive work that he does on the Standing Committee on Finance. He is a really valuable member of the House.

The Bloc Québécois applauds this bill, but we do not think that it goes far enough. National security is important, but we are asking the government to go further and to address the issue of economic security so that we have better control over foreign investments in general and so that we can keep our head offices, our economic levers and control over our resources.

Last year, only 24 or 2% of the 1,255 foreign investment projects totalling $87 billion were considered to have national security implications. In our opinion, that is not enough. We need better oversight to preserve our economic interests.

What are my hon. colleague's thoughts on that?

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:10 a.m.


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Conservative

Adam Chambers Conservative Simcoe North, ON

Mr. Speaker, I have very much enjoyed getting to work with the member on the finance committee. He brings many insightful comments forward.

Of course, we think the thresholds the government is currently using to review transactions are likely too low. I would refer the government to recommendations from the previous industry committee. The member rightly recognizes that there are likely more transactions that ought to fall under greater scrutiny to ensure we protect our national interests and the interests of critical resources or materials. He was alluding to jobs and headquarters too, which I think are also a consideration for the government to make sure it is reviewing.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:10 a.m.


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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, this is about the question of trust. Since 2004, the NDP has been raising the issue of non-democratic governments owning Canadian companies. I have seen a number of them over the years, whether in the Harper administration or in Paul Martin's. It goes all the way to just last year, and we have seen takeovers.

This is not only with regard to strategic assets, and what we have called for is addressing consumer issues. There are good examples: when Best Buy bought Future Shop and closed it down, when Zellers was bought by Target and it was shut down and when Rona was bought by Lowe's. It is now a private equity firm.

How can we trust the Conservatives' intent on this? We have been raising the issue of private equity firms in kingdoms and other places that do not have the full disclosure the free market would have. Are we going to have the same standards for them? They are really important, especially private equity firms, because other governments own an interest in them.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:15 a.m.


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Conservative

Adam Chambers Conservative Simcoe North, ON

Mr. Speaker, my colleague may be happily surprised to hear Zellers is returning in a few locations. That may be some welcome news.

In any event, the world is different today. Geopolitics changes over time and regimes change. That is why we need principles under which to look at all transactions.

I agree about entities that are controlled by or influenced by a foreign power, for example, whether it is hostile or not. A hostile power today might not be a hostile power tomorrow, and one that is not today could be one tomorrow. Any time there is a lack of governance and transparency, the government should be on high alert and scrutinizing the transaction to the absolute highest degree.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:15 a.m.


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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, the minister is very pleased with this legislation, which would give him more power to extend the national security reviews of investments. By doing so, the power would be moved from the Governor in Council and would place the responsibility in the hands of two ministers: the Minister of Industry and the Minister of Public Safety.

Why should we trust the government to remove the accountability measure of putting these types of issues to cabinet? As we have seen over the last eight years, there is an incredible move toward putting more power within the hands of ministers and outside advisory councils with no accountability to this place.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:15 a.m.


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Conservative

Adam Chambers Conservative Simcoe North, ON

Mr. Speaker, that is an absolutely excellent question. I see that there are expanded powers for two ministers. I trust at least one of them. However, the Governor in Council provides a more fulsome review. Maybe even an external body that is removed from politics would be the right way to go.

As I have said, we never know whom we will end up having as a minister, and I think we should take a bit more power away from one individual and spread it out to a greater group.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:15 a.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, today we are talking about foreign investment in Canada: What are the benefits? What are the risks?

Canada is a large nation by geography, but a relatively small nation when measured by population or by economic power. We are a small contributor, relatively speaking, to the world economy, but we are punching above our weight class, and the only way we can do that is by being a trading nation. That means we have to sell what the world wants and buy what the world has to offer, but we also have to be open to foreign investment, to allow investors to contribute to our economy but also to make a good return on that investment.

This money is very mobile. A big hypothetical pension fund, for example, with a lot of money to invest, does not come to Canada because we are nice people or, as the Prime Minister says, because the world needs more Canada. That is just naive. Investment money goes where it can earn a rate of return. It is a very competitive market.

The LNG sector in Canada is a very good example of that. LNG Canada is building a large export terminal near Kitimat, British Columbia, for shipping clean, ethical liquid natural gas to world markets, to our trading partners, so they can replace dirtier burning coal. This is a partnership among some very large international corporations, such as Shell Canada, Korea Gas Corporation and Mitsubishi Corporation, and there are a lot of foreign investment dollars involved here.

This is what the world needs more of: more Canadian, clean, ethical liquid natural gas to help our trading partners get off coal. Unfortunately, this is not according to our Prime Minister, who just recently told the German chancellor that there is no business case to be made for Canada supplying Europe with liquid natural gas so that Europe can reduce or get rid of its dependency on Russia. Investors need to hear that kind of talk only once from our Prime Minister and they head for the exits.

Happily, for the investors, there is a place for them to go. Late last year, the White House announced that it will work with the industry to ensure that U.S. liquid natural gas is available to replace Russian natural gas in the European market. Apparently there is a business case to be made, after all. The world smiles at Canada's naïveté.

That is where we are after eight years of Liberal mismanagement of our economy. The fundamental problem with the way the Liberal government has been managing, or rather mismanaging, our economy is that it does not look to the fundamental economic principles.

Take, for example, our economic productivity metrics. Canada lags, in a significant way, behind our largest trading partner, the United States. For every dollar that American workers pump into their GDP, their Canadian counterparts add 75¢ to our national economy. This does not mean that we are not working as hard as the Americans. We may be working harder than the Americans. It is just that we do not have the tools. We do not have the best tools available. We are lagging in investing in our tech sector and we are not investing aggressively in growth industries.

Also, there is too much red tape, too much useless bureaucracy, which just gets in the way of hard-working Canadians using their ingenuity to grow our economy. This is what our leader, the member for Carleton, calls “gatekeepers”, who are just standing in the way. Let us get rid of them.

Economists recognize that this productivity lag is a big, significant problem for Canada. Even our current Minister of Finance mentions this in her 2022 budget report and in her fall economic statement. She calls it “Canada's Achilles heel”. She understands the problem, but it is too bad that her boss does not seem to be paying attention to that.

The former minister of finance actually underlines that. He agrees with the current Minister of Finance. In his recent book, he says this: “productivity improvement is the most important issue on our agenda”. It is not “one of the most important” but “the most important”. However, in his words, “neither the PM nor the Prime Minister’s Office saw the need to address our anemic growth”.

That is where we are. After eight years of Liberal mismanagement, everything seems broken, including our economy. What Canada needs is a strong Conservative government that understands the basic principles of economics and how to grow the economy for the benefit of all, and that means working with foreign investors to attract investment money to Canada.

When we are talking about foreign investment, it is important, in my opinion, to reflect on where we are today in relation to where we were 50 years ago.

In 1974, when the Investment Canada Act's predecessor, the Foreign Investment Review Act, was the law, intangible assets, which are things that cannot be picked up with a forklift, ideas in our head like intellectual property, copyrights, trademarks and patents, accounted for only 17% of the S&P 500's assets by dollar value.

If we fast-forward a decade, when the old act was replaced with the current Investment Canada Act, which we are talking about today, the intangible assets ratio had doubled to 32%. After that, it just accelerated. Today, it stands at roughly 90% of the S&P 500's total assets by dollar value.

Let us move a little closer to home, to the Toronto Stock Exchange, a less technology-driven exchange. There, the comparable number is 70%. The European comparable number is 77%. This is hard data that Canada lags in developing our knowledge-based economy, and that is part of the reason why our productivity numbers are lagging.

Where are we after eight years of a Liberal government? We have low productivity numbers, a lack of investor confidence in Canada and a lack of focus on our knowledge-based economy. It really is time for a change at the top.

Today, we are talking about Bill C-34, an act to amend the Investment Canada Act. The parliamentary Committee on Industry, Science and Technology studied this a couple of years ago. It is too bad that the minister did not pick up on all the recommendations. That report highlights the need for foreign investment in the tech industry, but it also points out some of the challenges and risks.

If we are attracting money from non-friendly, non-democratic countries, they may profit more from that than we do. One example is a state-owned enterprise funding a research chair at a world-class Canadian university. At the end of the whole process, after a lot of contributions by Canadian brainpower into new intellectual property, the foreign company ends up owning it. That is a big risk. I am happy to see that the federal government has finally zeroed in on that.

One of the recommendations, recommendation 1, as my colleague mentioned already, was not picked up by the minister when he drafted Bill C-34. That recommendation would require that the valuation threshold for prospective acquisitions of control of Canadian assets or shares by state-owned or state-controlled enterprises must be reduced to zero. That being said, every proposed transaction that would transfer direct or indirect control of a Canadian corporation or assets to a foreign-owned enterprise would be scrutinized. I agree with that. It is too bad it was not picked up in the bill.

We will be supporting Bill C-34 at second reading, in principle, so that it can go to committee, where hopefully it will pick up recommendation 1. We will work diligently at committee to make sure that Bill C-34 comes back better for third reading.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:25 a.m.


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Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Mr. Speaker, I listened intently to my colleague's excellent speech. In fact, the last two speeches have been superb speeches on Bill C-34.

The member raised an issue around recommendation 1 from the industry committee report on state-owned enterprises. I would like to ask him something along a similar vein. The Minister of Innovation, Science and Industry was at the House of Commons industry committee this week. I asked him about the acquisition of the Tanco lithium mine in Manitoba, the only lithium-producing mine in Canada, by the Chinese government in 2015, and why he had not included that in his divestiture request of Chinese state-owned enterprises a few months ago. He said that he could not do it, that he could not go back far enough.

There is nothing in this bill that will allow, when a regime changes, for the minister to go back and revisit a transaction when a regime becomes less co-operative as part of the world framework. I wonder if the member could comment on whether or not there should be changes to the bill to allow for that kind of review to go back further.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:25 a.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, yes, I mentioned only one flaw in this legislation because we were pressed for time, but this is definitely another one.

The Canada Investment Act has not been reviewed in a long time. Its predecessor, the Foreign Investment Review Act, was with us for many years. It was drafted at a time when we were concerned about international corporations taking over our energy sector. Today, the world is different. Unfortunately, Bill C-34 does not pick up on all of these things.

I am confident that the industry committee will look at this thoroughly in its line-by-line review and the bill will come back in a much better shape than it is today.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:25 a.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, my question for the hon. member is about the increasing number of foreign investments we see in the health sector, where for-profit companies from abroad see Canada as a place to make profits off the health care needs of Canadians. I am thinking of Anbang, which bought up Retirement Concepts. It owns 20 retirement homes in British Columbia and is the largest source of substantiated complaints about care in the province.

Does the member believe that this version of the bill will provide adequate protection against for-profit companies trying to invade the health care sector?

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:25 a.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, that is a good question. I am not familiar with that particular file, so I will have a conversation with my colleague about that afterwards, but no, I do not think this bill provides adequate coverage for that. This is another one of the missed opportunities in redrafting the Investment Canada Act, so it is definitely something the committee should look at.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:25 a.m.


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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Mr. Speaker, I thank my colleague for his speech.

With the pandemic, we saw how fragile the global economy is when it comes to supply chains. I really expected the government to propose quicker, more constructive solutions than what it is proposing, which is almost nothing at all.

According to my colleague, will Bill C‑34 help to address the supply chain issue? If not, what does the government—

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:30 a.m.


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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, on a point of order, there is no translation.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:30 a.m.


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The Deputy Speaker Chris d'Entremont

It is working now.

The hon. member for Joliette can repeat his question.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:30 a.m.


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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Mr. Speaker, what I was saying is that with the pandemic, we saw the fragility of global supply chains.

Honestly, I expected the government to come up with strategies quickly to help the industries in the Canadian economy overcome this problem. To my knowledge, nothing or practically nothing has been done to help these companies.

Does my hon. colleague believe that Bill C‑34 addresses that a little bit or not at all? What should the government do to promote the economy here as it pertains to the supply chain problem?