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 often publishes better independent summaries.

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

The House resumed from February 17 consideration of the motion that Bill C-34, An Act to amend the Investment Canada Act, be read the second time and referred to a committee.

Business of the HouseOral Questions

March 30th, 2023 / 3:20 p.m.
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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, let me join with my hon. colleague, the opposition House leader, in wishing everyone a joyous Easter. I hope that members who are celebrating Easter take time with their families. This is also a very busy time for many of our other faith communities as we recognize Vaisakhi. We are in the holy month of Ramadan right now and we have Passover. This is a time that is very rich, one when I know people will be visiting churches, mosques and temples in our communities to share with the rich faith traditions in our constituencies. I hope all members are able to profit from those opportunities to be with their constituents and families.

With respect to Bill C-11, I will simply state that I do not think there is any amount of time that would satisfy Conservatives. In fact, I would challenge the opposition House leader to indicate just how many days of debate he would like. I do not think there is any end. Conservatives have indicated they want to obstruct this bill. This bill has had more time in the Senate than any bill in history. It was in the last Parliament and it is in this Parliament. It is time our artists get compensated for their work and that the tech giants pay their fair share.

Tomorrow, we will start the second reading debate of Bill C-42, an act to amend the Canada Business Corporations Act, and then we are going to be switching to Bill C-34, the Investment Canada Act.

When we return, we will continue with the budget debate on Monday, Tuesday and Wednesday.

On Thursday, we will start the day with a ways and means vote relating to the budget implementation act. Following the vote, we will proceed to the debate on Bill C-27, the digital charter implementation act, 2022, followed by Bill C-42.

Finally, on Friday, we will commence debate on the budget bill.

March 28th, 2023 / 11:55 a.m.
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Liberal

Lena Metlege Diab Liberal Halifax West, NS

Thank you for sharing that. There's hope for women of all ages, which is wonderful, but we need to start at all levels. You're right.

You talked about national security being transferred to foreign countries. Under the Investment Canada Act, investments by foreign investors are subject to the ICA review, including sensitive sectors, which receive scrutiny. Bill C-34, which was introduced, updates the national security review process of the ICA, including a new requirement for pre-implementation filing.

The requirement is to prevent a company from closing its transaction before the review is completed. I want to seek your input and comments on the importance of this kind of review, and any other suggestions you may have.

If I have time, I'll ask that of the second witness.

Telecommunications ActGovernment Orders

March 23rd, 2023 / 4:15 p.m.
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Conservative

Ryan Williams Conservative Bay of Quinte, ON

Madam Speaker, these are the words spoken yesterday by President Xi of China to Vladimir Putin as they departed company in Moscow: “Change that hasn’t happened in 100 years is coming and we are driving this change together.” Their meeting, which took place under the shadow of Russia's onslaught in Ukraine, was one that the experts stated was a meeting to build Russia's and China's alignment against the U.S. and the west, “and a world order more suited to their more autocratic agendas”.

Before us is a very serious bill at a very serious time, and it also would work in coordination with a lot of other serious bills we have on the floor right now. Bill C-34 is on the Investment Act, which looks closely at what investments are security minded and good for Canada. Bill C-27 would enact the consumer privacy act and look at the protection of Canadians' privacy. We have stated all along that privacy for Canadians needs to be a fundamental human right. The bill on interoperability and the right to repair look at different ways in which we are dealing with our IP and technology in Canada.

Today at the science and research committee, we continued the study of IP commercialization, ensuring we can develop technology and hold technology in Canada. We lose a significant amount of our IP to the Americans, to other nations and to foreign entities.

We talk about the world order and what is happening in the world. Albert Einstein famously said that he was not sure what weapons would be used in World War III, but that the weapons of World War IV would be sticks and stones. The weapons being used right now are joysticks and software. We should make no mistake that, at this moment, we are already at war. We are not only talking about Ukraine. The member previous spoke about some of the attacks that are happening from a centre of cyber-attacks in Ukraine.

Cyber-attacks are happening across the world, and they are happening right now in Canada. There has been a lot of different alarming statistics on cyber-attacks and malware attacks in Canada. We know the Canada Revenue Agency was attacked in August 2020, impacting nearly 13,000 Canadians, who were victims of that. There was also a hospital in Newfoundland in October 2020 where cybersecurity hackers stole personal information from health care employees and patients in all four health regions. That affected 2,500 people.

Black & McDonald, a major defence and security company and contractor, was hit with ransomware just two weeks ago. That is our security being hit by the very thing it is trying to protect us from. Global Affairs Canada was attacked in January 2022 right around the time Russia engaged in the illegal invasion of Ukraine. It was reported that it may have been Russian or Russian state-sponsored actions responsible for the cyber-attack on Global Affairs.

Most famously, there was a ransomware attack on critical infrastructure in the United States back in May 2021 where pipeline infrastructure was attacked. President Biden, who will be here tomorrow, issued at that time a state of emergency, and 17 states also issued states of emergency. It was very serious, which shows the capabilities of some of those cyber-threat actors. With ransomware, there are companies that attack companies and then demand a ransom or money before they return those computers or the networks back to the owners. It is now worth $20 billion. That is how much money ransomware is costing businesses. Back in 2016, it was only $5 billion.

The technology is rapidly advancing, and it is a war. It is a war that is affecting Canadians at this very moment, and it is something we have to be very serious and realistic about looking at what cybersecurity is, what it means and what we have to do as Canadians and as a Canadian government to combat attacks.

We know that the bill is something we support. We, of course, support the bill. Cybersecurity is very important, and as the member noted earlier, we have to make it right. We do not have time for a flawed bill or to race something through. Because of the advancements and because of the need to be very serious and realistic about cybersecurity, let us make sure we get the bill to committee and make sure then that we look at certain amendments that would get it right.

The question at this very moment is whether the government is taking this seriously enough. Despite a ban on Huawei announced by the government in May 2022, this week it was ascertained by the member for Dauphin—Swan River—Neepawa, as we were talking about IP commercialization in the science and research committee, that UBC is still working with Huawei after May 2022.

The minister assured us that Huawei was banned, that Huawei was done. Of course, there were reports months ago of a crackdown on IP being stolen and shared from Canadian universities. It has already been projected that 2023 will be the worst year for ransomware, for cybersecurity and, of course, for IP leaving Canada.

We have to take this seriously, and I know that members across the way have talked about it. Of course, this bill does that, but we need to be serious. We need to talk about cybersecurity, which means being realistic and bold in how we counter, and how we aid the west in winning, the war over cybersecurity.

There are amendments to the bill that we would like to see. Number one is to ensure that we protect and safeguard our national security and infrastructure. I know a member talked earlier about the different silos that exist. Probably the most important function is to ensure that silos in the government dealing with cybersecurity are talking to one another. The Americans deal with their cybersecurity concerns through the National Security Agency, the Department of Homeland Security, the Federal Bureau of Investigation and the Department of Defense. They all work alongside each other to enhance the cybersecurity establishment that was developed in 2018.

Similarly, Canada has the Communications Security Establishment, part of which is the Canadian Centre for Cyber Security, but as a member noted previously, is it talking to NSICOP and CSE? Are we making sure we are talking to the different departments? We know that the government is pretty large and unwieldy. We have to make sure that these departments are working together.

We also have to make sure we are looking after our businesses, as 40% of Canadian SMEs do not have any cybersecurity protection. It is going to be very costly for those businesses to implement that. As a business owner, I know the single biggest cost when it comes to cybersecurity is actually insurance. Insurance premiums just for cybersecurity attacks are going up and up. Every year they have increased by 20% to 30%. Of course, that is aligned with the $20 billion we are seeing from malware and ransomware across the world and the increase in cyber-attacks.

We have to make sure that we help our businesses, so perhaps we need to look at tax credits. One thing we can do is ensure that we share best practices and that businesses get support from the federal government to enhance their cybersecurity.

Another concern we have is how much power the minister will get, as the minister is supposed to get all the power. We have seen this with other bills. We have seen this in bills on the right to repair and interoperability. We have seen it in Bill C-27. Perhaps it is better to look at an ombudsman. We have talked about the Governor in Council and orders in council, but we want to hear from the security experts at committee to ascertain who exactly should be making these decisions instead of bringing them back to one minister. This bill right now could fit under the INDU committee and the industry minister, but it is going to the public safety committee, so already we have two different departments managing this bill. Why does one minister have to handle it? Why can it not be a broader process to ensure that we are seeing some congruence?

Privacy is something we talked about quite a bit. We will be debating Bill C-27 in the House tomorrow, and I certainly feel that privacy needs to be a fundamental human right. Part of this bill has different groups and organizations concerned about how we are protecting Canadians' right to privacy. When they lose their privacy, who is responsible for that? There will be a lot of different witnesses coming to committee. When we look at cybersecurity, we have to ensure we are protecting Canadians' fundamental right to privacy and ensure we are doing all we can so that if their privacy is breached, Canadians can find some relief.

We have talked about Bill C-27 and a tribunal, and maybe giving more powers to the Privacy Commissioner, who should have more power to look at whether we should go after criminals or organizations for breaches. We also have to look at the law and at what we are doing to go after criminals who are engaging in cyberwarfare and who continue to be a threat to Canadians.

Russia and China are very concerning right now, and there are a lot of different reasons for that. Russia is growing increasingly reliant on China as both an import market and an exporter of electronics. Both leaders are building a closer energy partnership on oil, gas, coal, electricity and nuclear energy. They are going to build the Power of Siberia 2 pipeline through the territory of Mongolia. This is important because Taiwan is coming up—

March 21st, 2023 / 12:55 p.m.
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Liberal

Valerie Bradford Liberal Kitchener South—Hespeler, ON

Okay. That's great.

The next question is for Dr. Singh.

National security and patents transferred to foreign countries have been raised previously. Under the Investment Canada Act, investments from foreign investors are subject to ICA review, including those in sensitive sectors, which receive enhanced scrutiny. Our government has introduced Bill C-34, which updates the national security review process of the ICA by including a new requirement for pre-implementation filing that would seek to prevent the transfer of IP and other sensitive information before a review is completed. This would prevent the company from closing a transaction before the review is completed and, therefore, stop any transfer of sensitive IP and other sensitive information.

Can you comment on the importance of this sort of review?

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 1:10 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

I will again remind everybody that we are speaking to Bill C-34. While we do give a lot of leeway on what we debate and discuss in this chamber, I would remind the member to come back to the bill at hand.

The hon. member for Saskatoon—University.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 1:10 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

I would remind all members that the topic at hand is Bill C-34.

The hon. member for Saskatoon—University.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 1:05 p.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, recommendation number one in the industry committee's report, which unfortunately did not get picked up in Bill C-34, is that the threshold for a takeover of assets, or of corporate chairs, by a state-owned enterprise should be set to zero. This would require a deep review of any such acquisition.

Could my colleague comment on whether that is a gap in the bill that should be fixed?

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 1 p.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Mr. Speaker, I thank my colleague for his speech. We know foreign investment is important in a globalized economy.

In 2001, which was before China became a member of the World Trade Organization, Jacques Parizeau wrote, “We do not condemn the rising tide; we build levees to protect ourselves.”

Unfortunately, weakening the Investment Canada Act has caused those levees to break. We agree that Bill C‑34 offers better protection, but it is not good enough.

I would like my colleague to comment on that.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 12:50 p.m.
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Conservative

Marc Dalton Conservative Pitt Meadows—Maple Ridge, BC

Mr. Speaker, what should the number one job of a federal government be? I have always told my constituents that it is national security, our safety and security.

Last night, as I was preparing my remarks, I asked Dr. Google what the top priority should be for a national government. Lo and behold, up pops a website for Canada's federal government, which states, under “National Security”, “The first priority of the Government of Canada is to protect the safety and security of Canadians both at home and abroad.” That made me feel pretty good at first. I thought to myself that I was on the right track, and I was glad that the Liberal government places safety and security as its top priority. That made me happy. Unfortunately, I then felt disturbed when I started to think about it, because, as we have seen so much with the Liberal government, rhetoric and words are one thing, and doing is another.

Members might ask why. It is because I feel that so much of what the Liberal government and the Prime Minister do actually undermines the safety, security and protection of Canadians at home, within our borders.

The Liberals are weakening our justice system by removing mandatory minimums. There was a report recently in Vancouver that 40 or so criminals have done 6,000 crimes. That is the Liberal method, to catch and release. That is okay, I suppose, for fishing stocks, to catch a fish and let it go, but it is not good when it comes to criminals, when we have increased problems on transit with random attacks on people, and when a killer who is out on bail murders a police officer. This is not right. Canadians are not feeling protected at home by their justice system. It is a shame and a disgrace. It is not fulfilling the government's priority with respect to our security.

With respect to our national security, we have let our hair grow. Maybe that was okay back in the 1960s, but we have just let it go. We are thousands of troops short. We have obsolete equipment. The Liberal government said that it was not going to buy the F-35 fighter jets and instead decided to buy older planes, the F-18s, from the Australian air force. It has now decided that this is not working out so well and it had better get some new equipment. The Minister of National Defence has let things go with respect to our military.

I was also watching reports on Twitter and, big deal, Canada sent one tank to Ukraine. That was brought up in the House and the response was that it was actually four tanks, because three more are on the way. Meanwhile, the Ukrainians are losing hundreds of tanks over there, but Canada does not have much to send because our cupboards are bare.

This is personal for me, because I was raised in a Royal Canadian Air Force family. I was born in Germany and lived in bases all throughout Canada. Even from a young age, my mind was on the military and our national defence. I also served in the military after finishing high school.

Our national defence is not a priority. I will say that categorically.

Bill C-34 is an attempt to address an important national security risk, namely identifying and responding to economic security threats from foreign investments. I think this is good. The Conservatives will be supporting its moving to second reading because it needs a lot more teeth.

Much of what we have seen, and what I have seen since being elected in 2019, is just rhetoric. It is smoke and mirrors to make it look like the Liberals are doing something when they are not.

November 9, 1989, is a day that I remember well, along with the months and years that followed. What happened? The Berlin Wall that separated East and West Germany began to be dismantled. Numerous countries had been under communist regimes. Many are now part of NATO. There have been great changes. It was quite amazing. People were set free from communism without shots being fired in Europe. There was euphoria. It seemed miraculous, and maybe it was.

I found, as I have gone in my communities and talked to people, that those who are most concerned about what is happening in Canada in terms of freedom and security are those from eastern Europe who used to be under communist regimes. They are very concerned about what they see. They can see through the bluster of the Liberal government.

The United States became the only undisputed superpower. Western countries, including Canada, let our militaries go to pot. However, the world has changed in the past 30 years. Russia has armed itself to the teeth, and we have seen an invasion. We are coming to the first anniversary of the Russian invasion of Ukraine, and Conservatives support the efforts to oppose it, as do the other parties.

There is even more of a danger happening, and this has emerged in Communist China. China is an economic and military superpower that wants to extend its economic, military and political power and influence. It is threatening its neighbours. It is expanding control.

I have been to China, and it is a beautiful country, but its autocratic communist government is suppressing its own population. There is a lot of concern worldwide and among our military partners, whether it be Five Eyes, the United States, the U.K. or other countries, about what we are doing in Canada.

China has a larger navy than the United States. Our military partners are wondering why we are giving a country, a military and economic superpower like China, full access to secrets, our people and surveillance. It is a problem. My other colleagues have mentioned some of the problems we have had, such as Huawei, which actually used technology from Nortel, a Canadian company.

It is a big concern. This just came out a few hours ago in The Globe and Mail. It said, “China employed a sophisticated strategy to disrupt Canada's democracy in the 2021 federal election campaign as Chinese diplomats and their proxies backed the re-election of Justin Trudeau's Liberals...and worked to defeat Conservative politicians”.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 12:35 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, it is always a pleasure to rise on behalf of my constituents from Kelowna—Lake Country.

I am here today to speak on Bill C-34. Since Confederation, people from all over the world have believed in Canada as a place worth investing in, but an open-door policy for investment will only improve the public good if we keep our eyes wide open to see who comes through our door.

In this, the Liberals have proven far too lax and have been asleep for eight years. It is a different time than it was generations ago and different than even eight years ago. A business that leaves its door open and unattended would swiftly go broke. So, too, would a country that does not recognize the difference between an investing free market ally and untrustworthy regimes.

I am glad, in the name of improving our economic and national security, that this legislation has been put forward in this bill before us today to strengthen the Investment Canada Act, but I cannot hide my disappointment that the Liberals have dragged their feet for eight years to do so and still provide legislation that, if I am being honest, is really only half-finished.

What we have before us is a bill that asks Parliament to protect the security of foreign investment by granting more power to the very ministers who ignored foreign investment threats. Traditionally, when the security guard falls asleep, he does not get a promotion the next day. The laundry list of these instances runs quite long in the eight years of the Liberals in power, so I will only provide a few examples of the government's negligence in the name of time today.

In 2017, the Minister of Industry failed to request a full national security review of the acquisition of B.C.-based telecommunications company Norsat International and its subsidiary, Sinclair Technologies by the China-based Hytera Communications.

In 2019, that minister failed again to request a full national security review when the Chinese Sinomine Resources purchased the Manitoba-based Tantalum Mining Corporation, one of Canada's largest lithium producers.

In 2020, the Minister of Foreign Affairs approved another China-based company in Nuctech to supply security equipment to 170 Canadian embassies and consulates.

In 2022, that same foreign affairs minister then became the Minister of Industry and approved the takeover of Canada's Neo Lithium Corp. by a Chinese state-owned enterprise with no national security review.

To talk about this one for a moment, this undermined Canada's supply chain opportunities. Lithium is classified as a critical mineral in Canada, which Ottawa says are critical to Canada's economy and imperative to battery storage, in particular for the electric vehicle industry. The regime of China is establishing global dominance on securing critical mineral assets and intellectual property, which are imperative to high-tech manufacturing, including electric vehicles. This is a prime example of when the subjective authority is given to one person, a minister, as opposed to having solid laws and policies.

Just last month it was discovered that the Minister of Public Safety allowed the RCMP and the Canada Border Services Agency to sign equipment deals with Hytera Communications despite the United States having banned them from doing business after charging them with 21 counts of espionage. Communications technologies, security equipment and lithium mining are integral parts of Canadian national security and the security of our allies.

Lithium mining and the export of other critical minerals are vital to breaking western reliance on Chinese-made electronics. We are blessed in Canada with some of the continent's greatest quantities of minable minerals. Still, as I have outlined today, the Liberal government has been more receptive to providing access to our natural resources to our foes than to our friends. State-owned enterprises are not operating separately from the interests of their centralized autocratic governments.

Sadly, it has taken until year eight of the Liberal government to realize that. It has also taken it eight years to develop a critical minerals strategy, leaving us behind in supplying ourselves and our allies. I will mention that the Liberal strategy on critical minerals really is not a comprehensive strategy.

The International Energy Agency forecasts that by 2030, the production of electric vehicles could reach 43 million units per year, with production valued at more than $567 billion U.S.

Robin Goad, president and chief executive officer of Fortune Minerals Limited, said that his company has been speaking with the federal government about critical minerals for more than five years but has yet to see substantive action. Their proposed mine would supply Canada with minerals like cobalt, gold and copper, and provide much-needed employment to Canadians in the Northwest Territories. Mr. Goad put it best when he said of the government, on critical minerals, that “it's all smoke and mirrors right now” and “It's time we stop talking about this and actually [start] doing something.”

Mined-in-Canada cobalt, graphite, lithium and nickel could become made-in-Canada batteries supplying our allies' electric needs while improving our environment. Instead, the Liberals chose to drag their feet on clean, green prosperity for Canadians. A Conservative government will do something. We will recognize that our natural resources are Canadians' opportunities for prosperity, not bureaucracy.

I previously sat on the industry committee and some of this work has been done on previous studies, including the critical minerals study and the study on the acquisition of Neo Lithium. The witness testimony during the Neo Lithium study brought out how the discretionary nature of the current legislation has left Canada vulnerable. The informal decision-making process has had little transparency and accountability. As well, testimony stated how having a government department lead a national security review process, instead of those who are security experts, was concerning on how this could protect Canada's assets.

Similarly, Conservatives at the industry committee are prepared to do the hard work in amending this legislation to enforce the precautions the Liberal ministers consistently forgot to take.

To summarize, on these changes to the Investment Canada Act, it is a very difficult world right now, with unstable regimes in the world. The Liberals have been asleep for eight years, and this has left us vulnerable. This has been partially studied already at the industry committee, of which I was formerly a member.

Under the Prime Minister, Canada has failed to conduct full security reviews on acquisitions within Canada by Chinese regime state-owned enterprises. This is at the same time when the Prime Minister cannot find a business case for LNG while Germany and Japan are begging for it.

Conservatives will work hard to create jobs, bolster our allies and protect Canada's intellectual and resource assets. Conservatives want to ensure that this long-overdue update of the Investment Canada Act legislation features an automatic review system, as well as a net benefit analysis of any investment by a state-owned enterprise. This is just plain common sense. We would not wish to allow the entry of foreign state competitors into critical areas of Canada's security and economy.

Similarly, Conservatives will seek to allow the government to list and completely prohibit state-owned enterprises from countries with which Canada should not be doing business at this time. I am sure no constituent of mine would wish to see a Putin-backed enterprise buying into any Canadian company.

Let us ensure that this bill can draw that red line. We cannot have the uncertainty that would be created by selling off our critical mineral assets when we need these minerals for our modern world, including for electric batteries.

After eight years of blindfolds from the government on foreign acquisition of Canadian companies, intellectual property, intangible assets and the data of Canadians, Conservatives at the industry committee will do what we can to ensure that this bill fully protects our economic and national security interests from nations that do not wish us well. We need to encourage investment, while at the same time protecting Canadian interests.

The House resumed consideration of the motion that Bill C-34, An Act to amend the Investment Canada Act, be read the second time and referred to a committee.

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:55 a.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, I have a question about foreign corporations and state-owned corporations funding research chairs at our world-class leading universities and, at the end of the process, being the owners of the intellectual property that has been produced by Canadian brain power.

Does he think there should be controls or regulations around that? Does Bill C-34 address that?

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:55 a.m.
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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Mr. Speaker, I listen to my colleague's discussion on Bill C-34, and I cannot help but think of some of the incredible investments we have seen just recently in a neighbouring area to where our ridings are. In particular, in Hastings—Lennox and Addington, I think of the incredible work the Minister of Innovation, Science and Industry did in attracting Umicore, a multi-billion dollar operation to build electric vehicle batteries right in a neighbouring riding to both of ours.

Would he not agree that the types of investments we can see through the modernization of this act would continue to benefit not just our ridings but Canada as a whole?

National Security Review of Investments Modernization ActGovernment Orders

February 17th, 2023 / 10:50 a.m.
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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Mr. Speaker, I will apologize and not resign. I am glad I gave the member for Kingston and the Islands something to do today. I am pleased to have accomplished that today.

Like I said, it has to hurt Bill Morneau to be referred to as a random Liberal. I certainly hope the next Prime Minister of Canada does not refer to me, or any member of our caucus, as a random Conservative, or worse, a random Liberal, I suppose.

When I get into the substance of Bill C-34, the challenge is not directional. Directionally, it is on the right path. The government is trying to at least take the steps it needs to in order to protect domestic assets, corporations and intellectual property from foreign actors.

The challenge is that it is not particularly well drafted, at least in my opinion and in the opinions of many other experts, and that it does not go far enough. We heard my colleagues talk specifically about some things that should be in there. For the record, I will reiterate what they said.

First, we need to have not only sales of shares but also sales of assets. One can buy the actual corporation, which is buying the vessel, but one can also buy everything within that vessel. There are many different ways smart lawyers and accountants can avoid that, and this legislation is not smart enough, at least not yet, to catch those.

We need to have automatic triggers, regardless of the amounts of sales, in certain sectors and also with respect to certain state-owned enterprises.

While Conservatives acknowledge this is a step in the right direction, we are very hopeful we can have a robust conversation in committee and improve Bill C-34, because it certainly needs it.