National Security Review of Investments Modernization Act

An Act to amend the Investment Canada Act

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Status

This bill has received Royal Assent and is now 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 / 6:25 p.m.

Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Madam Speaker, in studying the bill before us, the Liberals had an opportunity to reflect what actually is going on in the world rather than just putting in a fairly basic bill that just focused on time rather than on national security. I am wondering whether the member could comment on the lost opportunities the government had in introducing the bill without any substance.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 6:25 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, there was an opportunity to look at the recommendations that came from a subsequent committee and really take them to heart. A tremendous amount of study, time and energy went into those recommendations.

Further to that, my hon. colleagues at the committee brought forward numerous amendments. I know for certain that 10 of them were excellent, but they were rejected. They could have strengthened the bill. All those amendments were based on substantiated evidence that was brought forward by experts. Why would the government reject them? Why would it not want to make the bill the best it can be?

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 6:30 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Madam Speaker, this is a great opportunity to talk about foreign direct investment in Canada, why it is important and why this legislation is before us.

Our viewers might ask why foreign investment is so important to Canada. There are many reasons that we should be looking to attract foreign investment into our country. Foreign investment provides Canada with the capital it needs to develop its full potential and, yes, that includes our abundant natural resources, such as oil and gas. Foreign investment in Canada is also a source of innovation, allowing Canada to benefit from evolving technologies. As one of the most educated countries in the world, we also use that foreign investment in innovation to build our own technological capacity.

Intellectual property will drive our future prosperity. We had better ensure that this advantage is not squandered by failing to properly review foreign investments.

It goes without saying that foreign investment creates many jobs across our country. Invariably, when a foreign investor makes its investment in Canada, this creates new job opportunities for Canadians. Related to that is the fact that jobs created by foreign investment generate higher wages. At a time when the worst affordability crisis of a generation is raging, when many families are struggling to make ends meet and pay for groceries, schooling, gas and rent, it is important that the jobs that Canadians have available to them also have decent paycheques attached. Foreign direct investment also drives increased productivity, leading to greater prosperity for our country. When foreign investors commit to building our economy, they also increase our tax base, which of course allows governments at all levels to deliver the services that Canadians expect.

Unfortunately, for quite a number of years now, especially since the current Liberal government came to power, Canada's foreign direct investment performance has lagged far behind that of many of its OECD competitors. What I mean by this is that there is more investment flowing out of Canada and being invested in foreign jurisdictions than there is foreign investment flowing into Canada. We actually have a very significant deficit. Why has this happened?

There are many reasons. I will not go into them all, but I will begin with this: Canada is suffering from regulatory gridlock. In other words, regulatory and approval processes at all levels of government are so complex and reflect such an overreach that nobody wants to invest in Canada anymore. We have labour force challenges, heightened uncertainty, deteriorating public finances and increasingly unmanageable debt loads.

By the way, our system is not tax competitive. For years, we have been talking about tax reform, yet over the last eight years, no reform has materialized under the current Liberal government. As a result, it has become too expensive to do business in Canada.

Most recently, the Liberal government decided that not only would it maintain a punishing carbon tax on everything, but it would also quadruple the carbon tax on the necessities of life, the things that Canadians need to survive, such as home heating, natural gas and groceries. Prices have skyrocketed as the Prime Minister ratchets up his carbon tax. Putting gas in the car is becoming prohibitively expensive for many families. He plans to quadruple the carbon tax on fuel for our cars as well.

To make matters worse, while the Prime Minister recently announced that he would temporarily suspend the carbon tax on home heating oil for 3% of Canadians, the remaining 97% of Canadians will receive absolutely no break from the carbon tax on their own home heating costs. I thought he once said, “A Canadian is a Canadian is a Canadian”. It is another vacuous promise from a failed Prime Minister who seeks to divide Canadians and pit them against one another.

The bottom line is this: The world no longer sees Canada as a great place to invest. It is the government's policies, grounded in an ideology that disregards the importance of making Canada a welcome place for foreigners to invest, that is the basis of these problems. We have to get foreign direct investment into Canada right, because it can raise our standard of living and give Canadians, especially young Canadians, the hope that they can live out the Canadian dream.

However, not all investments are necessarily in Canada's best interests. There are benevolent investments that benefit Canada's economy, and then there are investments that are being made by malevolent actors around the world who simply want to take advantage of Canada. As we consider which investments fall into each of these two categories, it is absolutely critical that we make the determination that we are going to focus on Canada's net benefit, on defending our sovereignty and protecting our national security. That is why we are discussing this legislation today.

Bill C-34 simply attempts to update the Investment Canada Act, an act that is quite a number of years old now, but it has not kept up with the changing conditions on the ground, in a rapidly evolving global environment. I would mention that, after eight years, the government has been unable to put in place the kinds of policies and regulations that would actually protect Canadians against their key industries and companies being bought out.

I will give an example. Hytera and its associated company Sinclair Technologies have been charged with 21 counts of espionage in the United States. In fact, President Biden has banned the company from doing business in the U.S. However, in 2017, the Liberal industry minister, Navdeep Bains, refused to conduct a full national security review on the sale of a B.C.-based telecoms company, Norsat International to China-based Hytera, which is banned from doing business in the United States. It was here in Canada buying up one of our companies.

The RCMP awarded a contract to Hytera to supply sensitive hardware for its communications systems. The Canada Border Services Agency has also been using communications technology from Hytera. Members may recall that a few years ago, the industry minister set up some rules about making sure that key Canadian companies, especially within the critical minerals space, would not be bought up by foreign hostile actors, yet that is exactly what happened.

In 2022, the Liberal government fast-tracked the takeover of Canadian lithium mining company Neo Lithium by Chinese state-owned Zijin Mining without a national security review. Every single citizen in China, every single company, whether a state-owned enterprise or otherwise, has a responsibility to report to the government any information it asks for with respect to the business that they carry on.

We want to make sure that this bill does what it is supposed to do. Briefly, this bill would streamline the minister's ability to investigate national security reviews of these foreign investments. It would strengthen penalties for failure to comply with the Investment Canada Act's review provisions. It would create a new power to generate a list of sensitive industries. It would improve coordination with our international partners. It would also vest power to the minister, rather than allowing cabinet to make these kinds of decisions in the first instance.

Would it not be better, instead of having two eyes on this kind of transaction, to have all the eyes of cabinet focusing on whether an investment is in Canada's net benefit or whether it represents a risk to our national security? The bottom line is we tried to get some amendments. To their credit, some members of the committee agreed with us and we actually got four critical amendments passed. However, there were seven other amendments we tried to make, some of which were contained in a unanimous report from the industry committee, and guess what? The Liberals on the committee voted them down.

We can do better, but this is a start.

National Security Review of Investments Modernization ActGovernment Orders

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

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I heard the member reference that some countries are taking advantage of Canada. When he said that, I could not help but reflect on when I heard the member for Cumberland—Colchester suggest that Canada was taking advantage of Ukraine. Does the member believe that Canada is taking advantage of Ukraine?

National Security Review of Investments Modernization ActGovernment Orders

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

Conservative

Ed Fast Conservative Abbotsford, BC

Madam Speaker, we are talking about the Investment Canada Act. We are not talking about the Canada-Ukraine free trade agreement.

I will say this, to complete my thoughts. The Investment Canada Act is there to protect Canadians against investments that are not in Canada's national interests. This act would be a small step forward—

National Security Review of Investments Modernization ActGovernment Orders

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

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

We are going to other questions and comments.

The hon. member for South Shore—St. Margarets.

National Security Review of Investments Modernization ActGovernment Orders

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

Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Madam Speaker, I will do something unusual and ask a question about the bill, unlike the Liberal members, who seem to want to talk about everything but the bill.

The bill is about returning cabinet decision-making to the Investment Canada Act process. I know the hon. member is a former international trade minister and knows more than probably anyone on the government side in the House about cabinet decision-making and the role and importance of it. Without it, we have had poor decisions by the now VP for Rogers, former member Navdeep Bains of the government, who basically said that anything China wanted to buy China could have without a national security review.

I wonder if the member would enlighten the House as to the proper way a cabinet decision-making process should be when a hostile state like China is trying to acquire the assets of our country.

National Security Review of Investments Modernization ActGovernment Orders

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

Conservative

Ed Fast Conservative Abbotsford, BC

Madam Speaker, that kind of decision takes a lot of thought. It takes a lot of due diligence. It is much better to have cabinet review, through a cabinet process, a national security-related matter or an investment when we are trying to determine what the net benefit to Canada is.

In cabinet, there may be 15, 20 or 25 people around the table. Everyone is asked to review all of the relevant documentation, and at the end of the day, they are able to discern whether something is in Canada's national interests. If we leave that decision with one minister, there is a huge risk that the minister will be co-opted by special interests within our country or outside of our country and a decision will be made that is contrary to our national interests.

National Security Review of Investments Modernization ActGovernment Orders

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

Liberal

Heath MacDonald Liberal Malpeque, PE

Madam Speaker, I want to go back a little to when the hon. member was a minister. The deal signed at that time was the Nexen deal. It was signed by selling off Nexen to a Chinese national offshore company for over $15 billion. The deal was signed in Russia in secret by former prime minister Stephen Harper. Does the member have any comments on that?

National Security Review of Investments Modernization ActGovernment Orders

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

Conservative

Ed Fast Conservative Abbotsford, BC

Madam Speaker, at least this question relates, although obliquely, to the Investment Canada Act.

With respect to the Nexen transaction, prior to that point in time, Canada had absolutely no rules about how state-owned enterprises could invest in Canada or if they even should be investing in Canada. When that transaction came forward and cabinet had to review it, we said to hold it because with this transaction, there were no rules for us to be guided by. Therefore, Stephen Harper at that time articulated a clear set of rules for when countries like China or state-owned enterprises from countries like China, Russia and Iran, which are hostile actors, want to invest in Canada. We established the first set of rules for that, and of course, that—

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 6:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The hon. member for Rivière-du-Nord.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 6:45 p.m.

Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, Bill C‑34 will increase oversight and improve our international reputation. I wonder how much that might help us with our main financial partner, the United States, if we pass Bill C‑34 in its current form.

What does my colleague think of that?

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 6:45 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Madam Speaker, as we know, this bill would not measurably impact investments coming from the United States, because we have special carve-outs for our free trade partners.

Having said that, it is important that we do have an act like that and that, from time to time, we review it—

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 6:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Resuming debate, the hon. member for Selkirk—Interlake—Eastman.

National Security Review of Investments Modernization ActGovernment Orders

November 6th, 2023 / 6:45 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, it is my pleasure to rise and close off debate today on Bill C-34, the amendments to the Investment Canada Act.

I just want to say that, earlier today, I was very disappointed that, when we had our vote on the carbon tax, on taking it off constituents in my riding who have to pay the carbon tax on home heating, as we were asking for the same type of consideration for Manitoba as was given by the Liberal government to those in Atlantic Canada, the government would not extend those considerations to people across the Prairies.

After eight long years of this government, Canadians from coast to coast to coast have had enough of this Prime Minister and his punitive carbon tax that continues to penalize Canadians, especially those low-income Canadians who are seeing everything up go in value. The cost of inflation is eating away at their paycheques. Their buying power in the grocery store, as well as in the housing market, continues to erode.

I do have some concerns with Bill C-34, which I had hoped would have been addressed through amendments that were brought forward by the Conservatives.

I just have to thank my colleague, the shadow minister of investment and industry, for the work that he has done on Bill C-34 in trying to strengthen it and make it better. It has been 14 long years since this bill was updated, eight of them under this Liberal government.

I think all of us have concerns that the government has not taken issues around foreign investment and how it impacts things like national security very seriously. We know that it has not protected our critical infrastructure, which is at risk here if it falls under the control of foreign entities, especially those that are owned and controlled by their states.

What we witnessed, right across this country, is that critical minerals continue to get bought by foreign entities and that those state-controlled operations, first and foremost, are beholden to the despots and dictators who control their countries, rather than produce those critical minerals for our supply chains here.

Speaking of supply chains, this foreign investment act fails to address our economic sovereignty and how that relates to our overall national defence.

If one looks at making sure that supply chains are protected, although Canada is a smaller economy compared to our allies, we still need to make sure that we are getting critical supplies to build everything within our—