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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-34s:

C-34 (2021) Law Appropriation Act No. 3, 2021-22
C-34 (2016) An Act to amend the Public Service Labour Relations Act and other Acts
C-34 (2014) Law Tla'amin Final Agreement Act
C-34 (2012) Law Appropriation Act No. 4 2011-12

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

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-34 aims to modernize the Investment Canada Act by strengthening the government's ability to review foreign investments that may pose a threat to national security or economic interests. The bill introduces measures such as pre-implementation filing requirements, ministerial authority to impose interim conditions on investments, harsher penalties for non-compliance, and improved information sharing with international partners. While the bill has received broad support, concerns have been raised regarding the scope of the reviews and whether the bill goes far enough to protect Canadian assets, intellectual property, and economic sovereignty from hostile foreign actors.

Liberal

  • Modernizing Investment Canada Act: The Liberals support modernizing the Investment Canada Act to address changes such as technological advancements and foreign interference, especially concerning ownership of Canadian companies and assets. The aim is to protect Canadian industries and ensure investments align with Canada's best interests.
  • Protecting national security: The legislation is intended to allow rapid government intervention if foreign investment harms Canada's national security, adapting to the speed of innovation and addressing geopolitical risks. It aims to prevent hostile actors from exploiting Canada’s expertise and capacity for innovation.
  • Balancing economic growth: The Liberals aim to balance welcoming foreign investment with protecting Canada's economic interests and national security. The goal is to attract investment while safeguarding intangible assets like intellectual property and trade secrets, ensuring economic growth and job opportunities without compromising sovereignty.
  • Aligning with international partners: The amendments in Bill C-34 would better align Canada with international partners and allies by introducing requirements for prior notification of certain investments, the authority to impose interim conditions, and the ability to share case-specific information to support national security assessments.

Conservative

  • Inadequate to address threats: The Conservatives believe the bill does not go far enough to address acquisitions by hostile states. Members noted that it has been 14 years since the act was amended and that state-owned enterprises have become extraterritorial in taking over companies globally for their own economic interests. The Conservatives feel the bill is too limited in scope to address the new challenges of a globalized economy.
  • Missed opportunities identified: Conservatives believe the bill does not adequately protect Canadian assets, companies, and sovereignty. They proposed several amendments that were rejected, including modifying the definition of “state-owned enterprises”, listing specific sectors necessary to preserve Canada's national security, and exempting non-Canadian Five Eyes intelligence state-owned enterprises from the national security review process.
  • Cabinet decision-making is essential: The Conservatives are concerned about removing cabinet from the decision-making process, as it eliminates regional perspectives and the breadth of experience from various ministers. An amendment was proposed to ensure that cabinet continues to play an active role in major decisions about foreign investment.
  • Acknowledges positive amendments: Conservatives highlight some amendments that were adopted, including reducing the threshold to trigger a national security review to zero for any investment by a state-owned enterprise and ensuring that items reviewable include acquisitions of any assets by state-owned enterprises. They also included ensuring a review if a company had previously been convicted of corruption charges.

NDP

  • Supports updating the Act: The NDP supports updating the Investment Canada Act (ICA) to reflect changes since 2009. Members believe that the bill creates more tools to ensure foreign investments align with Canada's best interests and national security.
  • Focus on intellectual property: The NDP emphasizes the need to protect intellectual property in a knowledge-based economy, supporting amendments to capture potential investments or acquisitions by foreign actors. They argue that thresholds should consider the economic value of intellectual property to ensure sensitive IP is reviewed appropriately.
  • Weaknesses remain in legislation: NDP members express concerns about the government's willingness to prioritize corporate interests over Canadian interests, citing the Rogers-Shaw merger as an example. They suggest that changing the act is insufficient without the political will to conduct thorough reviews and reject investments that do not benefit Canada.
  • State-owned enterprises: The NDP argues that the act should mandate review of acquisitions by state-owned enterprises of companies previously reviewed by the ICA. They cite the example of Anbang's acquisition of Retirement Concepts and the subsequent seizure by the Chinese government as a reason.

Bloc

  • Supports bill overall: Bloc Québécois supports Bill C-34, which amends the Investment Canada Act to strengthen the government's ability to monitor foreign investments that could compromise Canada's national security. They see it as a necessary first step in an increasingly interconnected world.
  • Protecting Quebec's economy: The Bloc emphasizes the importance of protecting Quebec's economy from potentially detrimental foreign interests. They are concerned about the impact of foreign investment on Quebec's aerospace industry and intellectual property.
  • Coordination with U.S.: The Bloc recognizes that Bill C-34 aligns Canadian security policies with those of the United States. This alignment is essential for Canada to be included in the U.S. industrial modernization strategy.
  • Review threshold too high: The Bloc believes that the bill is incomplete and that the government needs to go further in scrutinizing foreign investment. They advocate for lowering the review threshold so that more investment projects are subject to review.
  • Need economic security: While national security is important, the Bloc emphasizes the need for economic security and long-term prosperity. They caution against the harmful effects of ill-advised foreign investments on the Canadian economy.

Green

  • Bill C-34 concerns: The speaker regrets the limited opportunity for the Green Party to participate in the debate on Bill C-34. There are concerns that cabinet decision-making is too discretionary and worries about foreign investments affecting national security and sovereignty.
  • Aecon takeover concern: The speaker raised concerns about the proposed takeover of Aecon, a large Canadian engineering firm, by a company from the People's Republic of China. They questioned the need for a national security review and highlighted the implications of the Foreign Investment Promotion and Protection Agreement (FIPA) with China.
  • Paper Excellence worries: The speaker is alarmed by the takeover of Canada's pulp and paper production by Paper Excellence, owned by an Indonesian billionaire. They question whether this poses a national security threat and express concern that the acquisition happened without a foreign investment review.
Was this summary helpful and accurate?

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:40 p.m.

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji. I can see some work has been done on this legislation and that there were amendments made at committee. I see an amendment to clause 7 regarding the review of proposed investments to be made by a foreign entity, and I see that this review would only happen as long as the minister had recommended it to the Governor in Council.

I wonder if the member agrees and if he could share with us whether he thinks this process is sufficient, given the great concerns he shared regarding reviews.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:40 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, I appreciate the member's honest, thorough, well-thought-out question.

This is something I raised in my speech, which is whether the responsibility for conducting the necessary reviews regarding protecting the integrity of our country from foreign influence and outside investment that would not promote the safety and security of Canadians should not be held by cabinet or, in other words, Governor in Council. It absolutely should be, but it only would if it were to get referenced there by the minister.

That is why, through this bill, a lot of the power would be shuffled over into the seat of one individual, whoever the minister of industry, science and trade would be. The member appropriately identified an area of concern here, which is that this should be a Governor in Council decision and not just a ministerial decision.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:40 p.m.

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Madam Speaker, I want to ask my colleague if he had anything he wanted to finish up with at the end of his speech. I am pretty sure my colleague would agree with me that, regardless of who the U.S. president is, Canada is in a much better trading relationship to have them as any ally with what is happening in China right now.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:40 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, the hon. member for Brandon—Souris does a tremendous job for his constituents in the western part of the province of Manitoba. They are very well represented. He operates with a lot of integrity and gives a lot of insight into all the issues being considered by the House. I want to commend him for the good work he is doing here.

In so far as answering the question goes, I will talk a little more about the negative impacts the carbon tax has had. It affects investment here in Canada, because it increases the cost of everything. It is not like GST, which is only applied to the end-user once. The carbon tax is applied to the producer, the transporter, the manufacturer, the transporter again, the distributor, the transporter again and finally the retail outlet, which then serves the consumer, Canadian constituents. Those are the people who pay quadruple in carbon taxes, and it is wrong.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:40 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, it is an honour to rise in this place to speak to Bill C-34, which has been before the House for some time. I must state my great regret that time allocation has been applied to it before any member of the Green Party has been allowed to speak to it.

People know that when someone rises on the government's side and says it has had 20 speakers, 20 witnesses and so on, it sounds exhaustive. However, the rules in this place are intended to allow a proper debate of every bill that involves all members with an interest in it. Members will know that I have long decried, as mentioned earlier in this debate, the use of written speeches. This allows more members to speak to a bill who have a strong interest or background in the subject matter.

I think in this case we have the reverse. We have a really important piece of legislation that got all the way through second reading without any speakers from my party, and then it got into committee, where we are not allowed to be members. Then amendments were made, and here we are at report stage already and I have a lot of concerns. Without further pause to reflect on my regret that this is the first time I have been given a speaking opportunity in this place, let me speak to the Investment Canada Act and to the revisions that are made in Bill C-34.

It is very important that we, in 2023, take a new lens and look at what we mean by foreign investments of concern and what that means for national security and national sovereignty. I am concerned that the bill leaves cabinet decision-making more as a discretionary matter and that there will not have to be a cabinet decision unless there is a recommendation from the minister.

Triggering a foreign investment review has never been easy in this country. Let me just reflect for a moment on two specific cases. I think one will be better with the changes made under Bill C-34, but I hate to say that, even at this late hour, I am not certain this bill would improve the situation on a more complicated matter.

Let me speak to the first one. It was a few years ago that a takeover was proposed for one of Canada's largest engineering firms, Aecon. It had gone quite far. It was reported in the business pages that Aecon was to be purchased, after being approved by Aecon shareholders, by a People's Republic of China company, CCCI. It was moving along without concern.

It was in 2018 that I was the first member of Parliament to raise on the floor of the House of Commons a concern: Did we not need a national security review before one of the largest engineering companies in Canada became the property of a company based in the People's Republic of China? It has been a particular concern of mine for some time because, back in the Harper years, a decision was taken by cabinet alone with no vote. I want to repeat that for new members of Parliament, as it will be shocking to them. We never had a vote in the House of Commons on the approval of the foreign investment promotion and protection agreement, otherwise known as a FIPA, between the People's Republic of China and Canada.

It gives corporations and state-owned enterprises from within the People's Republic of China superior rights, if they are a Canadian company, to complain of changes made by regulation, complain of court decisions or complain of any number of matters where a corporation feels that its expectation of profits has been somehow reduced. This originally emerged as an investor-state provision in chapter 11 of NAFTA back in the day when it was NAFTA. Ironically, this investor-state provision has been removed from CUSMA, but it has been transplanted into bilateral trade agreements. However, they are not even trade agreements, as in the case of the FIPA with China. There is no trade deal between the People's Republic of China and Canada. Thanks to former prime minister Stephen Harper, there are investment protections for corporations from the People's Republic of China that Canadian corporations cannot access.

Even worse, the FIPA with China keeps any complaints from the People's Republic of China or its state-owned enterprises completely secret. The complaint process is secret. We would only find out about it if it went to the end, to an arbitration. That would be reported.

I do not have enough time in the time I have to speak to Bill C-34 to fully explain why we must have a very different lens when looking at the takeover of Canadian enterprises by any foreign entity. If that foreign entity has the benefit of an investor protection agreement that gives a corporation superior rights to a domestic Canadian corporation, it is very concerning.

I think I had to raise it two or three times in the House before a few other MPs began to say that they were also concerned about Aecon, and in the end, the minister triggered a foreign national security review. It was turned down. The decision was made by the Government of Canada, I think appropriately, to stop the takeover of Aecon by a corporation in the People's Republic of China.

More complicated and recent is the takeover of virtually all of Canada's pulp and paper production by a corporation owned by one man. It is not a limited corporation. It does not appear on the stock exchanges of any country. The name of this corporation is Paper Excellence. It is owned by one human being, one sole person who is a billionaire from Indonesia.

Some of the media coverage, which thank goodness has been intensive, is quite belated. Basically, Paper Excellence had already bought up Domtar, already bought up Catalyst Paper and already bought up Resolute, and after purchasing Northern Pulp of Pictou, Nova Scotia, suddenly Paper Excellence, which has a registered headquarters in Vancouver but is no more Canadian than the Indonesian billionaire who owns it, has bought up virtually all of the pulp and paper processing across Canada.

This is alarming. Is it a national security threat? The question was never asked. No one really saw it coming. It was only seen through the media investigations subsequent to this Indonesian billionaire-owned enterprise called Paper Excellence becoming the owner of all the pulp and paper mills.

The acquisition of Resolute Forest Products had a major impact in Quebec. Many people, including members of the Bloc Québécois, are very concerned since Resolute is an important player in Quebec's pulp and paper industry.

It is also very important in British Columbia, where Catalyst Paper is based. The mill in Crofton and the mill in Powell River were purchased initially from Catalyst Paper and suddenly became owned by a very mysterious Indonesian billionaire. Should this have had a review? Media coverage has managed to unearth that the buying spree of Paper Excellence was likely, although we do not know for sure, financed by loans from the state investment bank of the People's Republic of China.

Do Paper Excellence mills have access to the FIPA with China to complain if we make changes in any way, like provincial changes in Quebec or British Columbia, where these mills are based? They would have access to the FIPA if they can make the case that they are operations of the People's Republic of China. We do not know if this investment is from the People's Republic of China.

Even with the changes made in Bill C-34, I am not reassured that we would have caught what was going on with Paper Excellence. Would we have had an opportunity to have a foreign investment review before this single Indonesian billionaire began buying up all our pulp and paper mills? I wish I had had an opportunity at committee. I wish I had had an opportunity to be in debate at second reading. I know the hon. member for Timmins—James Bay raised some of these issues at the time. He is also concerned about Paper Excellence.

With the time remaining, I will say I think it is unfortunate that we have time allocation now and these issues are rushed. It is unfortunate that we will not adequately debate the amendments that have come forward at report stage, such as the ones I have heard mentioned by the member for South Shore—St. Margarets. I close here and hope we have not missed too much.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:55 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I certainly always enjoy listening to the comments from the member for Saanich—Gulf Islands.

She must admit, though, that she is aware of the fact that there are a lot of procedural games that go on in the House, which puts the government in a position that, in order to be able to do anything, unfortunately, the reality is that time allocation has to be brought in on certain bills. I think of the Canadian free trade agreement with Ukraine. Every time the bill is scheduled to come up, Conservatives put forward a concurrence motion that is preventing us from being able to let it. If we left it to the Conservatives to always dictate, and I know that Conservatives are heckling me right now and we are not even discussing that bill, we would never even get to the opportunity to pass that very important piece of legislation for Ukraine.

I am wondering whether she could at least acknowledge the fact that she understands the position we are in and that we have to do this from time to time.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:55 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, of course, I empathize, but I cannot understand.

I do not like our rules' being abused constantly to bring in forced closure on debate to speed things along. The hon. member for Kingston and the Islands will know that I think the solution lies in applying all of our rules. It is against our rules in this place, as it is against the rules of the Parliament of Westminster in the U.K., to read a written speech. If we did not have written speeches handed out to members, we would have fewer speeches about every bill, because fewer members of Parliament would be prepared to speak from rough notes without somebody else putting the words in their mouth. That would speed things up. I understand and I empathize, but I plead with the government not to keep doing this, because too many members are going to assume that this is the way it is done.

No matter who is sitting in the Prime Minister's chair, we continue to see democracy eroded in Parliament.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:55 p.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Madam Speaker, I rise on a point of order. Due to multiple technical issues, I was unable to vote in the vote that took place after question period. I would like to seek unanimous consent to have my vote counted as yea.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:55 p.m.

The Assistant Deputy Speaker Carol Hughes

Is it agreed?

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:55 p.m.

An hon. member

No.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:55 p.m.

The Assistant Deputy Speaker Carol Hughes

Questions and comments, the hon. member for Nunavut.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:55 p.m.

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I see that amendments were made to the ICA by the committee. An amendment was made to clause 19, which would expand transparency and disclosure by the minister regarding reviews and orders that are issued. The minister would be required to report on those reviews.

I wonder whether the member could share her thoughts on whether this is sufficient to make sure that her concerns are being addressed.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 4:55 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I do not think so. The difficulty is that, yes, there would be improved transparency once one has a review, but what would trigger a review in an issue like that of Paper Excellence, which I have referenced? How wide is the net cast, and when could we take concerns forward?

I wish we had more time. I will vote for Bill C-34; let me make that clear. It is an improvement and would modernize the Investment Canada Act. I think I would like to also vote for one of the Conservative amendments, to ensure that cabinet would retain control in the reviews. In any case, I will vote for it, but I am very concerned, because the innovative ways in which Canadian corporations are taken over by foreign interests do not trigger the usual notion of national security but can be very significant for national sovereignty. That is my concern.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 5 p.m.

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Madam Speaker, I want to ask my colleague a question on a point she just made with regard to cabinet's having authority over the movement of this type of development in our trade security systems. Can she elaborate on her thoughts regarding why that is so important?

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 5 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, it is not to denigrate any individual minister, but the reality is that ministers would have pressures on them that might be regional. They might be specific to the concerns that are shared within the region they represent or the sector that has their ear most frequently. On a matter of turning down the purchase of a Canadian corporation by a foreign interest, it is traditionally a cabinet-level decision, and I think it should remain that way.