Bill C-34

National Security Review of Investments Modernization Act

An Act to amend the Investment Canada Act

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.

National Security Review of Investments Modernization Act

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Mr. Speaker, it is always an honour to rise in this House as a representative for the amazing people and spectacular region of North Okanagan—Shuswap.

Before I speak to Bill C-34, I would like to acknowledge that this is Veterans Week. I also acknowledge the recent loss of a dedicated community volunteer, constituent and friend, Steve McInnis, a 37-year veteran with the Canadian Armed Forces, where he served with distinction. In 1988, the Nobel Peace Prize was awarded to UN peacekeepers, and Steve received this fitting recognition for his service in the cause for peace in the Sinai peninsula from 1977 to 1978. Steve served his country and community proudly and with distinction and will be deeply missed. I am confident Steve has reconnected with his long-time friend and fellow veteran Paul Shannon for beers, laughter and, of course, their famous shenanigans.

I say to Steve, Paul and indeed all veterans and Canadian Forces families that Canada appreciates their sacrifices and we will never forget.

I rise today to speak to Bill C-34, an act to amend the Investment Canada Act. The proposals of this bill seek to amend the Investment Canada Act's governance of acquisitions of Canadian companies by foreign entities. After eight years of Liberal inaction, this bill is long overdue. I will provide some examples of how overdue it is.

In 2017, six and a half years ago, red flags were raised and alarm bells sounded about the takeover of B.C. seniors homes by profiteers in Beijing. I will quote one of my Conservative colleagues at the time, the former MP for Kamloops—Thompson—Caribou, Cathy McLeod, who stated:

Our seniors are concerned about the quality of care, of food, and the credentials of the people caring for them. This transaction is clearly not about charity; it is about profit. Why would the Prime Minister put the care of our parents and grandparents at the mercy of profiteers pulling strings from Beijing?

The Liberals' response to Ms. McLeod's concern was dismissive and short-sighted. As the industry minister at the time, Navdeep Bains, said, “the additional financial resources will allow Cedar Tree the ability to expand, provide better service, and create more jobs.”

Despite the Liberal reassurances back then, services for B.C. seniors were neither expanded nor improved. To the sad contrary, services became worse. It was B.C. senior citizens who suffered when multiple Beijing-controlled senior care homes failed to achieve standards of care for some of our most vulnerable citizens. The Liberals ignored warnings from the Conservatives, and the result was a Beijing-controlled disaster that caused suffering for seniors in British Columbia, suffering the Liberal government was warned of, suffering it ignored and suffering it enabled. That was the first example of how the government's hesitance and delay in protecting Canada have hurt Canadians.

As another example of how overdue this bill is, I will reference a 2019 report from the Standing Committee on Fisheries and Oceans, entitled “West Coast Fisheries: Sharing Risks and Benefits”. The fisheries committee undertook this study in response to very serious concerns raised by Canadian fish harvesters and coastal communities who had seen their access to Canada's fisheries eroded by increasing levels of foreign control.

The committee's study was in response to alarm bells warning us about very significant portions of Canada's west coast fisheries being bought and owned by foreign buyers. Alarms were raised by Canadian fishers who were and continue to be very concerned about the loss of control of not only a valuable Canadian food source to foreign entities, but a source of culture, economies and well-being for our coastal communities. The Liberal government should have acted sooner in response to the testimony we heard during that study, which pleaded for the government to protect Canada's interests from foreign interests. One witness testified:

As for overseas investment, besides a few large companies, this is very hard to trace, but there are examples. For instance, you may have heard of the recent scandal with money laundering through gambling and real estate in B.C. We traced one company that has been investing in groundfish and now owns 5.9 million pounds of quota. The director of this company is the same overseas investor named in newspaper articles on money laundering through casinos and real estate in Vancouver.

This testimony was provided to Parliament over four years ago. What is even more troubling is that even though that report was tabled in this House back in May 2019, the same fisheries committee was recently provided an update on the Liberal government's progress in addressing foreign takeovers. That update exposed that the government has failed to prioritize and take actions required to prevent foreign ownership and the control of Canadian fisheries resources that Canadians and Canadian communities depend on.

One key recommendation from that 2019 report stated:

That based on the principle that fish in Canadian waters are a resource for Canadians (i.e. common property), no future sales of fishing quota and/or licences be to non-Canadian beneficial owners based on the consideration of issues of legal authority, and international agreement/trade impacts.

When the committee received an update on the Liberal government's response to that report recommendation, we learned that the Department of Fisheries and Oceans still had no way of knowing who owns what when it comes to west coast fishing licences and quota. The Liberals put out a botched survey to try to find out, but little else has been done to address the issue.

These are just two examples of how the Prime Minister and his government cannot be trusted to do what is right for Canadians' interests. I will say, though, that there are members of this House who can be trusted to provide improvements to legislation, even such as this bill, which was flawed as originally drafted. I would like to recognize and thank my colleague, the hon. member for South Shore—St. Margarets, for the work that he and other Conservative members of the Standing Committee on Industry and Technology have done on Bill C-34 to strengthen it and hopefully deliver some much-needed and overdue protections to Canadians.

At the committee stage, the member for South Shore—St. Margarets recognized the flaws in this bill and, by working with the other opposition parties, was able to get significant amendments passed to strengthen the bill and protect Canadians' interests. Some of those amendments included, number one, that for any state-owned enterprise from a country that does not have a bilateral trade relationship with Canada, the threshold for review by the Government of Canada would be zero dollars, and number two, that any transaction over zero dollars would be reviewed, compared to the threshold now, which is $512 million.

Chinese government-controlled and other foreign entities are buying a lot of assets through sales of under $512 million now, without review. The new threshold, should this bill pass, would be zero dollars to trigger a review. The same would apply for a new concept that was added, which is that all asset sales would need to be included in the test with a state-owned enterprise so that an investment to acquire, in whole or in part, the assets of an entity could be subject to a review.

As I close today in the final minutes of debate before we all return home to our communities to take part in Remembrance Day ceremonies, on behalf of my family and all the residents of North Okanagan—Shuswap, I would like to express my deepest gratitude to the brave members of our Canadian Armed Forces for their service, and express this gratitude to Canada's veterans, many of whom made the ultimate sacrifice for our freedom, and to their families. We will never forget.

[Dave Epp, Conservative, Chatham-Kent—Leamington, ON]

Mr. Speaker, I am going to be splitting my time with the member for North Okanagan—Shuswap.

It is always an honour to bring the voices of Chatham-Kent—Leamington into this chamber. Today, I look forward to addressing the third reading of Bill C-34, an act to amend the Investment Canada Act, with the aim of protecting Canada’s national security. That is the important part.

After eight years of the Prime Minister, numerous foreign state-owned enterprises have acquired interest and control in many Canadian companies, intellectual property, intangible assets and the data of our citizens. As usual, the government has done too little, too late, to fully protect our national economic and security interests.

While Conservatives are pleased that four of our amendments were passed at committee, we are a bit bewildered as to why the Liberal-NDP government would want to water this legislation down. It defeated 10 amendments that would have made Canadian interests more fully protected by having better legislation. Why?

One of the amendments defeated at committee would have modified the definition of a state-owned enterprise to include any company or entity headquartered in an authoritarian state, and of course, one of the main ones there is China.

The House of Commons Special Committee on Canada-China Relations presented an interim report to the last May that was entitled “A Threat to Canadian Sovereignty: National Security Dimensions of the Canada–People’s Republic of China Relationship”. This report offered an in-depth review of the national security implications related to the PRC’s actions. It addressed key national security topics, including the safeguarding of Canadians from foreign interference, preventing threats to Canada’s democratic institutions and elections, defending intellectual property and research, enhancing cybersecurity, combatting organized crime and money laundering, addressing global health governance threats and scrutinizing the PRC’s intentions in the Arctic. This report should serve as a warning. We need to align ourselves with our allies.

The U.S. has created a committee on foreign investment in the United States, or CFIUS, which is an inter-agency committee authorized to review certain transactions involving foreign investment in the U.S. and certain real estate transactions by foreign persons, to determine the effect of such transactions on the national security of the U.S.

Have we not learned our lessons, through COVID, by allowing critical elements of our economy to be put under foreign control? A recent CBC article said, “Casey Babb, an international fellow with the Glazer Centre for Israel-China Policy and an instructor at Carleton University in Ottawa, said China uses foreign investment as a strategic tool.”

I am going to quote him from the article: “They use foreign investment as a door, as an entry point, to gain access to markets, to gain access to government, to investors as well”.

He goes on to say, “It's a great way to sort of use licit means to carry out illicit, or even legal but injurious, activities.” Dr. Babb also said that “China is looking to tap into [Canada's] natural resources, including oil, critical minerals and fish.”

The government’s “soft on China” policy must end. One of the amendments it refused to pass sought to list specific sectors necessary to preserve Canada’s national security, rather than using a systematic approach.

Let me provide a personal example of a sector-specific area. On our own farm in Leamington, in the years prior to the Ukraine-Russian war, we actually used more Belarusian potash on the farm than our own Canadian Saskatchewan potash. Why? Sea freight is relatively cheaper than rail freight. Why is our rail freight so expensive? Because it is being tied up hauling crude oil to eastern refineries, rather having that oil flow through an energy east pipeline, which is lowering our rail capacity for moving potash and other goods that cannot move by pipeline. Supply and demand drives up the cost of freight.

In addition, 660,000 to 680,000 tonnes of nitrogen fertilizer, mainly urea, were imported pre-war into eastern and central Canada. Why is western natural gas not flowing through a pipeline to fertilizer manufacturing plants here in eastern Canada? Again, Russia's invasion of Ukraine should teach us a lesson. Where we have critical inputs in Canada, we should ensure that we have the infrastructure that could be used domestically so that we would have competitive prices vis-à-vis foreign options.

Another Conservative amendment that failed to pass would have exempted non-Canadian Five Eyes intelligence state-owned enterprises from this national security review process to prevent an overly broad review process. This, unfortunately, sends all the wrong signals to our Five Eyes partners with whom the Liberal government's policies have been at odds.

Canada needs to be seen as a reliable player in this partnership. Under the current government, this has not been the case. Canada needs to restore its trustworthy reputation with the U.K., the U.S., Australia and New Zealand so that critical intelligence information gathered by one member can be confidently shared with other members.

Again, the failure of this amendment to pass sends all the wrong signals to our allies.

Amendment 25.4(1.1) would have allowed the Government of Canada to maintain ownership of intangible assets that have been developed in whole or in part by taxpayer funding. An example of an intangible asset, which I learned in preparation for this speech, is a radio frequency filtering system for our Mounties. What is that? It is a filter circuit made up of capacitors, inductors and resistors that is used to filter the signal frequency in communication channels.

What is behind this? Let us think back to 2017 when the China-based Hytera acquired a telecom company from B.C. called Norsat. This company has significant Chinese government ownership, but it does not make any money. Does that not send a signal that this should be looked at? This company significantly lost money for six years.

We rightfully called for a full national security review, but the industry minister refused, and he approved the Chinese acquisition that provided the RCMP with telecom equipment. Incredibly, the federal procurement department awarded a $550,000 contract to Ontario-based Sinclair Technologies to build and maintain the radio frequency filtering system for the Mounties. By the way, Sinclair Technologies is the parent company of Norsat International.

In 2022, Norsat was charged with 21 counts of espionage in the U.S., and President Biden banned it from the U.S. Just eight months later, the RCMP awarded China's Hytera subsidiary, Norsat, the contract to install telecom hardware in our RCMP communications systems.

When questioned at committee, the RCMP was asked if it knew whether Hytera was charged and banned from the U.S., and the answer was “no”. How can the Liberal government continue to let such enormous security breaches happen?

We all know how important lithium is for our economy. It is needed to make the batteries for our EV vehicles. In 2019, the Liberals approved the sale of Canada’s only lithium-producing mine to the China state-controlled Sinomine Resource.

Every ounce of lithium mined in Canada right now goes to China, while Canadians are unable to supply lithium to our own growing electric vehicle industry, which is putting our nation in a potentially vulnerable situation.

Again, in 2019, Conservatives demanded a full national security review. The “soft on China” Liberals ignored it. I guess this would explain why the NDP-Liberal coalition voted down amendment 25.3(1), which would have allowed the minister to go back and review past state-owned acquisitions through the national security review process, which would have allowed a more fulsome review.

Last week, the Prime Minister did show us that the Liberal government can go back, as it adjusted the carbon tax on home heating fuel in Atlantic Canada and in rural Canada. The government demonstrated it can reverse course after identifying a mistake. That, of course, was in response to polling, not in the interests of national security.

It is time for a common-sense government, a government that would allow our nation to prosper while at the same time protecting its citizens. Conservatives will continue to use our voices to ensure that both the prosperity and the protection of our citizens is defended.

[Branden Leslie, Conservative, Portage—Lisgar, MB]

Mr. Speaker, it is an honour to rise today to speak to Bill C-34, otherwise known as the national security review of investments modernization act.

With it being so close to Remembrance Day, I too would like to offer my appreciation for all those who have served and continue to serve, and all the families that support them. I would encourage everybody to make sure they attend a ceremony this Saturday to honour and respect veterans for all of the work they have done.

Speaking of our security, the NDP-Liberal coalition has, for far too long, not taken our national security seriously, so it is good to see some efforts being made through the legislation before us. Unfortunately, our reputation on the world stage has taken a beating over the past eight years. We have seen numerous diplomatic debacles over those years, and a Prime Minister who regularly embarrasses Canada on the world stage. It seems that every time I go on social media, another country's news broadcast is mocking the Prime Minister. It is one thing to embarrass oneself with a tickle trunk of outfits to wear to another country or by wearing blackface more times than one can remember, but the Prime Minister has forced our allied nations to lose confidence in us as a partner.

Just this past July, Dan Sullivan, a United States senator from Alaska, called out the Liberal government for consistently failing to meet NATO’s 2% GDP target for defence spending. What is worse is that the Liberals are cutting $1 billion from our defence budget this year. While the American ambassador played it nice a few weeks ago and said he is not yet worried about our failure to meet our NATO targets, we all know and can recognize how our allies feel about Canada these days. If we had been taking our national security seriously, perhaps Australia, the United Kingdom and the United States would not have separated off from the Five Eyes alliance and created their own strategic defence partnership without Canada.

With regular disruptions to our ports and railways, we are losing the perception of us as a reliable trading partner that can deliver the goods we produce here in Canada to market. With a changing climate, our adversaries see the north as an opportunity. They see a wealth of resources and future transportation routes, and we are increasingly unable to protect our own sovereignty in the north. The sad reality is that under the Liberal government, we have become a bit of a laughingstock on the world stage, and it is disappointing to admit that. However, I cannot think of a single nation around the world with which our relationship has improved over the past eight years.

Given all of the failures internationally, one would assume that perhaps we would want to take care of our domestic economic needs here at home, but we have not done that. Although we are taking a good step with this legislation, after eight years, foreign state-owned enterprises, particularly those connected with the Communist regime in China, have heightened their influence in Canada. I will provide a few examples. In 2017, the government allowed Hytera Communications, a firm with ties to China, to acquire B.C.-based satellite communications company Norsat International. In 2020, Nuctech, a company owned by the Chinese government and founded by the son of a former Chinese Communist Party secretary general, won a bid to, get this, provide security equipment to over 170 Canadian embassies around the world. Imagine that. The government was going to entrust the security of Canadians stationed abroad to technologies linked to the Chinese Communist Party.

I know there are a lot of examples like this, but I will end with one more. Just last year, the CBC revealed that in 2017, the CBSA began using radio equipment and technology from Hytera, the company I just referenced. It was quite literally using the technology at our borders while our main ally, the United States, was indicting the company for 21 espionage charges. It banned the company from operating and doing business because it posed an unnecessary risk to national security. At the same time as our border guards were using the equipment, our American counterparts and friends were kicking the company out of their country.

It seems as though often the current government is focused on political interests and not our national interests. We should not be surprised. We all remember when the Prime Minister alluded to his level of admiration for China's basic dictatorship. It is perhaps why the Liberals have given China so many passes and why they have allowed Chinese-linked companies and agencies to infiltrate our university campuses, co-opt our research and take our technologies that innovative Canadians, innovative students and innovative companies in Canada have been spearheading.

We could talk about all these failures all day, but I want to address specifically some pieces of Bill C-34. I was pleasantly surprised that the Liberals brought the legislation forward, because it is an important idea to try to always enhance our national security, particularly as things evolve and our competitors become our allies and our allies become our enemies in the global world.

The goal in the legislation of amending the Investment Canada Act to protect our national security is not a bad one at all, but I really thought that for once, the Liberals had come up with their own idea. However, looking back to our 2021 platform, I noticed we had pledged to do the same thing: “Canada's Conservatives will: Protect Canadian intellectual property with a strengthened Investment Canada Act”. As the old proverb goes, imitation is the highest form of flattery, and there has been a lot of mimicking going on lately. My first speech in the House was just last month, about the affordable housing and groceries act, which was plagiarism, effectively, of two Conservative bills, Bill C-356 and Bill C-339. Of course we also saw, just last week, a climb-down on the carbon tax for home heating for some Canadians in some parts of the country.

Not all mimicking is bad, but at the end of the day, as my fellow Manitoban colleague from Selkirk—Interlake—Eastman said, “The Liberals are tired, they are weary and they do not have anything else to bring forward”. This seems to be the case. While I would prefer an election so we can put forward a strong platform that will include enhancements to the Investment Canada Act, among many other things, I do hope the current Liberal-NDP coalition keeps copying a few of our ideas. It can start with axing the carbon tax in its entirety, but I am not going to hold out a lot of hope.

Overall, Bill C-34 needs to go further. It does not go far enough to address the risks faced by Canadians. By and large, the largest threat we have to investments here in critical services is by state-owned or state-connected enterprises from authoritarian regimes like China and Russia. Canadians are rightly concerned about this problem. Foreign direct investment is a good thing. We should want to draw investment dollars into our communities. However, we should also want to maintain our sovereignty and our national interests. The reality is that we have become a place where people do not want to do business. Investments in our natural resource sectors, among many others, are flooding out. Our counterpart, the United States, which does not have a carbon tax, is more appealing to do business with. Companies would rather go just south of the border, south of my riding, and set up business there.

The bill does not include the ability for the government to create a list of authoritarian countries that are prohibited from owning Canadian companies or assets, which I think it should do. The Conservative team, at the committee stage, did a great job of bringing forward common-sense recommendations for changes to the legislation. Not as many were adopted as should have been, but Conservatives did work hard to fix some of the flaws.

One last issue that is becoming increasingly important and visible, particularly in my area in the Prairies, is the increased buying of farmland by Chinese-linked companies and organizations. Not only does this threaten our long-term food security but it also significantly increases prices for young farmers who are trying to enter an already very difficult industry to get into. It is important that we enable the Investment Canada Act to be broad enough and flexible enough to have cabinet be able to make important decisions on whether a takeover or change in ownership is in the best interest of Canadians. This seems like common sense to me. We know it is something only Conservatives can provide.

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Mr. Speaker, the Bloc Québécois thinks that Bill C-34 does not go far enough in protecting our economic flagships, our head offices, and the innovative efforts of SMEs, which are being bought up by foreign entities. Often, they come up with important innovations that become profitable abroad. We do not think that enough transactions are being reviewed.

I would like my colleague to elaborate on that. Does he think that we need to do more to protect our head offices and innovative small businesses?

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Mr. Speaker, yes, I was going to get there, so I appreciate that.

I will take this opportunity to let the table know that I will be splitting my time with my colleague, the new and very capable member from Manitoba, the member for Portage—Lisgar. He came in with big shoes to fill, maybe not big in size, but big shoes to fill in terms of his predecessor, the Hon. Candice Bergen. I look forward to splitting my time with him.

Getting back to the substance of Bill C-34, we have before us a bill that addresses aspects of what has become an increasingly problematic circumstance globally at a time when there are specific demands associated with the global investment climate that have put many of our supply chains at risk.

Of course, we saw the practical workings of this during COVID, with respect to supply chains and things that many Canadians took for granted. We always expected to be able to see things like toilet paper on grocery store shelves, yet we saw during COVID that the supply chain system and the numerous aspects of that were challenged. There were pressures that resulted in things like grocery store shelves being empty.

We saw things like a shortage of microchips. This meant there was a shortage of a whole host of things that many people would not have associated with microchips, from vehicle manufacturing to other things.

This has a specific relevance to Bill C-34. When it comes to foreign investment, we have to ensure that, as a nation, as a G7 country, we get it right in all aspects of how we permit, specifically, state-owned enterprises in the larger context of foreign investment happening in our country. I do not think anybody in the House would argue that there certainly is investment needed and that Canada should be a destination to invest, a destination for capital. We have seen that over the course of our history.

Certainly, I look back to the time when Stephen Harper was prime minister. The predictable business environment that existed within this country was one that was envied around the world. We saw in the midst of incredibly challenging global economic circumstances that Canada was a beacon of hope and predictability, where people could invest and see some certainty.

Over the course of the challenges that we have seen over the last number of years, whether that be in relation to the COVID pandemic, whether that be in relation to the host of concerns surrounding supply chains, the fact is that over the last decade or so, there has been a radical shift in the geopolitical objectives of certain state players around the world.

I would notably say that the People's Republic of China would be at the top of that list, although it is not limited to it. Certainly, its objectives have changed the global investment climate dramatically.

I have heard a lot of members from the party opposite criticize the past record. I believe it was the parliamentary secretary from Winnipeg who referenced that the Harper government had done some preliminary work on CETA. I am proud that it was Conservatives that negotiated the deal. The Liberals almost screwed it up, but they were able to, with support from Conservatives, actually get that across the finish line.

Over the last decade, there have been radical shifts that have taken place. Of course, that has to be addressed in our legislative frameworks governing some of these things. We need to ensure that they are responsive to that.

We have seen over the last number of years, specifically the last eight years that this Prime Minister has been in power, an erosion of trust, as I have talked about often. This includes the investment climate in our country.

We are dealing with significant advancements in things like technology. We are seeing a demand for things like critical minerals. We are seeing food supply chains being put at risk. We are seeing the need to ensure that we have tight parameters and an understanding, so that not only does this protect Canadians first and foremost, but that it also ensures there is that investment certainty in our country, including for folks here at home investing.

Quite often when we talk about things like investment, it gets lost on many folks who are not trading stocks on a regular basis or not staying in tune with the financial markets. They may see a headline that the TSX is up or down, or something like that.

The reason this has such particular relevance is that every single Canadian is, in fact, an investor. If one has ever paid into a pension fund, whether that be the CPP or otherwise, that individual is an investor. We need to ensure that we have that predictable investment climate.

Specifically, we were disappointed at committee that the Liberals were not more responsive to some of the very practical amendments the Conservatives brought forward on this bill. Those amendments would have ensured that a threshold, for example, to trigger a national security review was reduced so that for Canadian resources, including intellectual property, there was a safer and more secure environment. It would ensure that those things could not fall into the wrong hands, as we have seen, unfortunately, has been the case over the last number of years.

In fact, if one could believe it, there were 10 amendments that the Conservatives brought forward. They were practical things, things that we heard from testimony at committee that would have helped address some of what we believe are ways the bill could have been improved.

As I come down to the last minute or so of my speech, we have a need in this country to ensure that our investment climate responds to the demands of a modern supply chain. We need to ensure that we have everything that is required, whether it be the critical minerals that are so essential for the manufacturing of things like our cellphones, or whether it be a host of other things that go into the economy of today, and the economy that is being built for tomorrow. It is absolutely essential that we get this right.

I would make this point in terms of the larger conversation and not just in relation to Bill C-34. We have to take seriously the national security implications when it comes to foreign investment in Canada, and not only when it comes to big multinational mergers and whatnot, which may make headlines.

We heard at committee, and we have heard throughout the course of debate, that there is a host of peripheral discussions that are required when it comes to strategic investments that may serve the geopolitical interests of a foreign state, some of which are hostile to our national interest. If we do not take these things seriously, we can see a diminishment of Canada being able to have a secure economy for our people, and also a secure investment environment for capital, which is so very essential.

As we continue the debate on Bill C-34, I hope we can take seriously how important this bill is, not only in terms of the issues it is purported to address, but also in terms of the host of concerns surrounding foreign investment. We have to ensure that we get it right so that Canadians can depend on a predictable environment for their capital, where Canadians can benefit on the home front most important of all.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Mr. Speaker, as always, it is an honour to stand in this place and debate the important issues faced by Canadians, specifically, those good people who sent me here from the beautiful constituency of Battle River—Crowfoot in east-central Alberta.

If I could, since this is the last sitting day prior to Remembrance Day, I would like to quickly reference a couple of things. I hope I have the latitude to do so.

Today, I met with Harold and Mike, who are members of Persian Gulf Veterans of Canada. It was an interesting meeting, where I had the opportunity to hear from these two distinguished retired servicemen about how they are not considered to have fought in a war in their time in service to our country. I wanted to acknowledge this specifically here today; an appropriate commemoration, truly, would be to ensure that those who served in our country's armed forces, especially during times of conflict, are acknowledged accordingly. I wanted to acknowledge that before I get into the substance on Bill C-34, because I do not think I will have a chance to do so otherwise before Remembrance Day. Of course, all of us in this place honour the sacrifice made by so many.

We join into debate here on Bill C-34, which is a bill of seven parts that addresses a host of issues in relation to amendments to the Investment Canada Act. In particular, I would like to highlight a few things today.

I listened with great interest this morning, and to previous debates, and I have participated in previous discussions related to the bill. I wanted to ensure that aspects of this are—

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

[Chris Bittle, Liberal, St. Catharines, ON]

Mr. Speaker, I was really getting into it. It was an exciting moment. There was some enthusiasm on the other side, which I think led to further confusion. It is a fault across the board, and we can all take a little blame. I am in the winding-up phase of my speech, and I apologize for any confusion.

To conclude, the collaborative efforts during the industry committee have ensured that we woudl meet these goals, which is why I believe that this bill, as amended, should be adopted and referred to the other place. We are confident that, with Bill C-34, Canada would encourage positive investment without having to compromise on our national security, getting the best of both worlds.

I thank the INDU committee for all of its work. All of the committee members did outstanding work to get us to a place where, I think, we will have all-party support when we finally vote on this bill.

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Housing]

Mr. Speaker, before I begin, I would like to advise that I will be splitting my time with the very hon. member for Brampton North.

I am pleased to rise today to speak to the bold moves taken by the government to address economic and national security threats to Canada through Bill C-34, an act to amend the Investment Canada Act. I would also like to highlight the great collaborative work done during the committee's study to make the bill even stronger.

Bill C-34 sets out a series of amendments to improve the national security review process of foreign investments and modernize the Investment Canada Act. Collectively, these amendments are the most significant legislative update of the act since 2009. These amendments also represent one of the multiple steps the government has taken to ensure we can defend our economic interests, contribute to the resiliency of the global supply chain and protect our national security. This, in turn, helps us to attract stronger partnerships with our allies and to foster economic growth, a strong foreign investment regime and good beneficial investments in Canada, ones that will create high-quality jobs and opportunities for Canadians.

Defending our economic interests and protecting our national security are issues of critical importance, especially since our current climate of rapidly shifting geopolitical threats. This issue is a non-partisan one. During the six sitting days that Bill C-34 was debated, the House repeatedly stressed the need to modernize the Investment Canada Act to achieve those objectives. The House ultimately decided in a unanimous vote to refer the bill to study because we all recognized how important it was to get these amendments right so we could protect national security while ensuring we are not chilling useful and good investments.

We recognize that Bill C-34 has undergone a rigorous, robust study that spanned 11 meetings. During those meetings, the committee heard from a variety of legal and subject matter experts who testified about the benefits of foreign direct investment on Canadian business, the importance of protecting Canada's hard-earned intellectual property and the need to ensure our regime is capable of tackling the emerging national security challenges that Canada and our security partners are facing. We have engaged meaningfully with opposition members to discuss their perspectives and concerns and have worked collaboratively to bring new amendments that further strengthen the bill. We worked together to ensure that Canada's foreign investment regime continues to be the gold standard. The bill would not only provide us with better tools to protect our national security, but also help bring Canada into greater alignment with our international partners and allies.

The industry committee heard from witnesses about how important it is for Canada to have a regime comparable to its allies. Having a comparable regime would help to address common threats and maximize our collective effectiveness. One example of how we have aligned our regime closely with our allies through Bill C-34 is the new requirement for prior notification of certain investments. The United States, the United Kingdom and Australia all have introduced something similar within the past two years, either through recent amendments or stand-alone regimes.

The United States amended its foreign direct investment laws and added new types of transactions for government review. For the first time ever, it mandated notifications in transactions involving critical technologies, certain critical infrastructure or the sensitive personal data of American citizens. These regulations came into effect in February 2020.

Australia updated its law on foreign direct investment in January 2021. It introduced authorities to protect national security, including powers for the Australian government to require mandatory notification for transactions involving a national security business before the transactions are implemented.

The United Kingdom introduced a new regime for national security and investments in 2021. The U.K. legislation created a mandatory obligation to secure clearance for transactions that would acquire control of a business in 17 sensitive sectors before the transaction is completed.

The new pre-implementation filing requirement for Bill C-34 would allow Canada to have even better and earlier oversight over investments in certain sensitive sectors, especially when they give investors material access to assets and non-public technical information upon closing, such as cutting-edge intellectual property and trade secrets.

This amendment would enable the government to prevent irreparable harm through the loss of these intangible assets. Investors would now be required to file notification in time periods set out by regulation.

I want to emphasize that this amendment is a targeted approach limited to only certain business sectors. Across the board, a pre-implementation filing requirement would have an unnecessarily burdensome impact on businesses and investors without improvements to national security protection. Our targeted approach would provide greater certainty and transparency to businesses and investors.

Another example of Bill C-34 better aligning Canada's regime with those of its allies is its introducing the authority for the Minister of Innovation, Science and Industry, after consultation with the Minister of Public Safety, to impose interim conditions on an investment. This would reduce the risk of national security injury taking place during the course of the review itself, such as through the possible transfer of assets, intellectual property or trade secrets before the review is complete. This amendment is similar to the U.K.'s new power that allows its government to impose interim orders while the review is being conducted, preventing foreign investors from obtaining confidential information or accessing sensitive assets or sites until after the review is complete.

Finally, Bill C-34 introduces the authority for more direct information sharing by the minister with international counterparts for national security reviews to help common security interests. Previously, the minister had a limited capability to share case-specific information with their international allies. We know that Canada and our allies share similar national and economic security concerns. Our allies are concerned with threat actors operating in multiple jurisdictions to secure a monopoly in critical assets and technology. It is becoming increasingly more important to share information with allies to support national security assessments to prevent these threats from happening. This new information-sharing authority strengthens co-operation between Canada and other like-minded countries to defend against investors that may be active in several jurisdictions seeking the same technology. That said, Canada would not be obligated to share such information where there are confidentiality or other concerns.

I thank esteemed colleagues for their attention today. I can assure members that our approach is pragmatic, principled and provides a solid framework.

[Gerald Soroka, Conservative, Yellowhead, AB]

Mr. Speaker, I rise today to speak to Bill C-34, a bill that attempts to strengthen the Investment Canada Act with significant amendments.

As we approach the discussion on Bill C-34, a critical examination is warranted. It comes after an extensive period where our national interests have been left vulnerable to foreign entities.

After eight long years under the Liberal government, the urgency to safeguard our economic and security interests seems to have taken a back seat, as it has taken us this long to look at protecting Canada's economy.

The core concern here is the significant presence of state-owned enterprises, particularly from the People's Republic of China, the PRC, within the Canadian economic landscape. This is not a matter of casting doubt on foreign investment as a whole, which has long been a source of innovation and growth within our economy. However, there is a distinction to be made when such investments are linked to foreign governments with agendas that do not align with Canadian values or interests.

Bill C-34 proposes to strengthen the Investment Canada Act, yet one cannot help but ponder whether the measures are sufficiently robust.

This bill does introduce mechanisms that might allow us to better scrutinize these investments. Indeed, the imposition of stringent penalties and the elevation of national security reviews are steps in the right direction. However, the specifics with which we address the challenge posed by the PRC are lacking.

It is imperative to understand that the issue at hand is not one of mere procedural delays or legislative enhancements. It is a matter of national sovereignty and the integrity of our economic and security infrastructure.

The amendments within Bill C-34 would grant the minister enhanced powers to investigate and intervene, yet there remains an imperative to want to question the thoroughness of this approach.

Have we provided a framework robust enough to contend with the sophisticated strategies employed by state-owned enterprises, particularly those backed by the government in Beijing? The PRC has demonstrated its capacity and inclination to wield economic leverage as a tool of broader geopolitical strategy. The foresight is to anticipate the sectors of our economy that may be targeted for acquisition, and control is crucial.

The legislation mentions the creation of a list of sensitive sectors that would warrant automatic review, yet it does not preclude the possibility of loopholes being exploited.

Let us turn our attention to the particulars of Bill C-34, where we must sift through the substance of proposed reforms.

The bill, as it stands, attempts to pre-emptively secure investments that might pose a risk to national security by instituting a mandatory filing requirement. This is indeed a prudent move, but how we define specified investments and the criteria for such pre-emptive measures must be crystal clear to avoid any grey areas that could be exploited.

In simplifying the process for the minister to act on national security reviews, we are placing significant trust in the judgment and efficacy of a single point of failure. While streamlining may expedite action, it also bypasses layers of scrutiny that can be vital in making balanced decisions. In the hands of one, the decision may be swift, but the question remains, will it be thorough?

Strengthening penalties for non-compliance sends a clear signal. It communicates the seriousness with which we take these matters. However, the deterrent effect of these penalties lies in their enforcement. Without a track record of rigorous enforcement, penalties on paper may not translate into a meaningful deterrent in practice. We must not just increase fines; we must demonstrate that we will impose them.

Also, granting the minister authority to impose conditions and accept undertakings opens the door to inconsistencies and influence of which we must be wary. When we consider the removal of the Governor in Council's involvement in the initial stages of a national security review, we must ask if we are centralizing power to the point of vulnerability. Oversight is not an enemy of deficiency, but a bedrock of democracy.

In continuing discussion, we must bear in mind the history that brings us to this juncture. We are not operating in a vacuum, but against a backdrop of past decisions and actions that have left us questioning the robustness of our investment review process. As we proceed with this dialogue, it is crucial to reflect on past actions that serve as a backdrop to today's discussions on Bill C-34.

We cannot ignore instances where our review mechanisms seem to falter, where foreign acquisitions proceeded with what some would argue was insufficient scrutiny. The case of Norsat International and subsequent dealings involving sensitive technology raises an eyebrow to the effectiveness of our past reviews.

This is not about pointing fingers, but about understanding the gravity of what is at stake. The acquisition of Neo Lithium Corp. by Zijin Mining and the Canada Border Services Agency's use of Hytera Communications equipment, despite espionage charges against Hytera in another allied nation, illustrates a pattern we cannot afford to ignore.

Our legislative framework should not only close the doors to such occurrences in the future, but also serve as a deterrent. Moreover, the pace of global change does not afford us the luxury of reactive policy. We need proactive measures that ensure the safety and security of our nation's interests. This includes comprehensive reviews of state-owned enterprises' acquisitions, regardless of size, especially when countries with aggressive postures on the global stage are involved.

As we bring these concerns into the present context, the urgency to address them becomes clear. We are at a crossroads where the discussions we make today may shape our economic and national security for years to come.

Bill C-34 is a step, but there is concern that it does not go far enough. We must ask ourselves, is this legislation merely a reaction to the past oversights, or is it a visionary move to secure our future?

While it makes strides in certain areas, it falls short in terms of automatic reviews and clarity in defining strategic sectors. In the ideal world, every investment would bring mutual benefits without compromising our national interests, yet we know the world is far from ideal, and the bill in its current form does not fully rise to the complex challenges we face.

Part of our duty is to ensure the security of Canada's future. Our duty is to enact legislation that does not just respond to yesterday's challenges, but anticipates tomorrow's threats. While Bill C-34 moves to tighten the reins on foreign investment and strengthen our defences, we must ensure it is not a case of too little, too late.

This is not just about adjusting the mechanism of the Investment Canada Act. It is about safeguarding the heart of Canadian innovation and security. Our vigilance in reviewing and improving this bill will demonstrate our unyielding commitment to the prosperity and security of Canada.

Let us ensure that this legislation is more than a response to past oversights. Let it be a steadfast guideline of our future economic sovereignty. This is our duty and it is one we must undertake with the utmost seriousness and dedication.

I appreciate the opportunity to address these crucial issues. Let us proceed with a clear vision and a firm resolve to protect the interests of Canada. I look forward to taking questions.

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

Mr. Speaker, my colleague's statements are kind of out there.

He does seem to think the Bloc Québécois is pretty important. That is interesting. He says the Bloc Québécois is responsible for removing the tax on heating oil in the Maritimes. Can he tell us which motion or act the Bloc Québécois voted for that made that happen, when that decision is solely within the purview of the current government? That is a question I would like to ask my colleague.

Anyway, I do want to add something about the bill we are debating today because it is easy to get off topic. The Bloc Québécois's criticism of Bill C‑34 relates to the thresholds that trigger a review. If we look at all the foreign investment proposals from 2022, the new measures would require a review of only about 10 of those 1,200 proposals. That is barely 2%.

I would like to hear my colleague's thoughts on that. Security of investments really is important, but what is being done to implement better mechanisms to broaden the foreign investment security review process?

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, as shadow minister, the member has done a great job looking after Bill C-34. The Conservatives put through several amendments. We had a page filled with amendments, but only had three or four passed. A number of them failed because there was a Bloc and Liberal conspiracy against the Conservatives. With what has happened here recently, as we have seen with the fuel pumps and everything happening in the Maritimes, now we know why the Bloc has partnered with the Liberals on this bill. There is 3% of Canadians who are affected in the Maritimes with the energy and 97% are shut out, but now we see why the Bloc has joined the Liberals in this bill.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, what has been done is that the authority has been taken away from cabinet. It would rely on one minister. That minister could come from Quebec. That minister might come from who knows where in the country. Obviously that one minister might have a bias toward maybe his or her own riding or province. That is one reason we are a little upset with this. It has to go through cabinet. The more eyes that see this, the better. Only having one set of eyes looking at it is a major concern I see in Bill C-34.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, it is a pleasure to stand in the House today and talk about Bill C-34, which is the Liberals' attempt at increasing security on foreign investments in this country.

Before I get under way, I would like to announce that I am going to share my time this afternoon with the hon. member for Yellowhead.

This is an important issue in the country, and it is an important bill, Bill C-34, that we are facing here today. We cannot simply allow authoritarian regimes whose values and goals are fundamentally opposed to ours here in Canada to control important infrastructure or resources in this country. We must protect Canada's national economic and security interests. However, after eight years in power and two years after the industry committee presented this report on the issue, the government is finally trying to take action on the file. I want to acknowledge the work done in the committee both on the initial study and on improving the legislation before us. I think further improvements definitely can be made, but I will get into that a little later.

The world, as we know, is changing every day. Quite frankly, we all know this is kind of a dangerous time right now. National security needs to be top priority, even though the government has decided to take $1 billion out of the national defence fund at this time. It is unreal that the Liberals would even think of doing such a thing. Internationally, we have seen conflicts sprouting up almost every month. We have the Russian invasion of Ukraine as a perfect example of an authoritarian dictator willing to do whatever he wants to get whatever he wants. We look at the resources involved and ultimately how Russia will use violence to violate the sovereignty of its neighbour next door.

Domestically, we are seeing what countries will do to increase their influence and control where they cannot simply invade. Russia and Beijing are actively interfering in our elections, which we know is a fact. Kenny Chiu, whom I sat with in the last Parliament, is not here, because of the interference from Beijing. Also, foreign state-owned enterprises have acquired interest and control in many Canadian companies, intellectual property and other assets. They are gathering data daily on our citizens and they are exploiting that data. Just today, on the front page of the national newspaper, The Globe and Mail, the headline reads “Huawei still filing patents tied to work done with Canadian universities after Ottawa's restrictions.” It goes on to say that “The Chinese tech company Huawei Technologies is still seeking patents for research it conducted in partnership with publicly funded universities in Canada, more than two years after Ottawa began restricting funding for academic collaborations with connections to foreign states considered national security risks”.

Huawei has filed patent applications for research on 5G wireless; artificial intelligence, which has been brought up in the House in the last hour; semiconductors; and the optical communications done in collaboration with academics and investors at the University of Toronto. We have see it at Queen's University, the University of B.C., Western University and McMaster University. All those universities, they say, are fulfilling pre-existing contractual partnership agreements. However, let us make no mistake: All of the commercial rights to this property, which has been invented by Canadians and funded by Canadians, are now owned exclusively by Huawei. This is what we are talking about in Bill C-34. I have more to say on Huawei and what it has done in my province of Saskatchewan. I will come to that.

The end goal, obviously, is to take over as much of Canada's economy as possible in order to make us beholden to foreign powers that have no interest at all in democracy, freedom and the rule of law. We can see this happening all over this country. We see Chinese state-owned enterprises buying up farms, fisheries, mines and other things.

Even in my province of Saskatchewan, when I drive around, I will see signs in the ditch saying that if people want to sell land, they should call a certain 1-800 number. If they call that number, it could be a third party. Indirectly, what is happening is that somebody in Beijing or China is wanting to buy Saskatchewan farmland. Saskatchewan farmland, as we all know, has gone up considerably over a number of years because, in my province, we are proud of it. We want to feed the world. This is what we are seeing in this country in ditches everywhere. I mentioned Saskatchewan, and I have been to Manitoba, Alberta and elsewhere, and I know there are signs in ditches saying that that if people want to sell land, they should call a 1-800 number. When they do, they get a third party talking on behalf of probably China or other countries.

We are in a situation where people need to be able to trust that their Parliament and their federal government are protecting them and their country. Unfortunately, this is another example of the Liberal government's doing something too late with Bill C-34. The bill would not go far enough to address the risks faced by all 40 million of us Canadians. Given recent events, it needs to be much stronger.

I can recollect that in 2021, the industry committee studied the act and put out a report explaining how the act could be improved. Clearly, the government mostly ignored that report, because in Bill C-34, the government addressed only two of the nine recommendations that the committee put forward at that time. Let us fast-forward to this year at the industry committee, meeting once again. My Conservative colleagues were able to make some modifications to improve the bill and address some of the gaps, including important amendments that would ensure a more rigorous review process of investments and acquisitions by foreign state-owned enterprises. Those amendments were to lower the threshold for national security reviews of foreign purchases by state-owned enterprises, make it mandatory for the minister to conduct a national security review when that threshold is met and, finally, create an automatic national security review whenever a company has been convicted of corruption charges. These were important and necessary improvements to the bill. I am very glad that the committee saw the common sense of these amendments and adopted them.

However, the legislation still would not go far enough. The NDP-Liberal government rejected amendments that would have further improved the legislation and properly and fully protected Canadians. One of the rejected amendments, one which I think is crucially important, would have modified the definition of a state-owned enterprise to cover companies or entities headquartered in an authoritarian state like China. I understand the potential concerns with such an amendment; the nationality of the company should not usually be sufficient to label it a state-owned enterprise.

This is where I was going to get to Huawei and the reaction of the industry minister, a couple of years ago, in not making a decision on Huawei. I think it has cost my province of Saskatchewan $200 million. The province was invested into Huawei for 4G in the province of Saskatchewan. It was waiting for the minister of industry to make a decision on Huawei. It took him months. Finally, he made the decision, but the province of Saskatchewan was into Huawei for over $200 million, so it had to put on the brakes and then reinvent itself. This has cost Saskatchewan and others in this country millions of dollars. This is something that our allies in the Five Eyes alerted Canada about long before the minister made the change, and it has cost Canadians a lot of money.

I just wanted to make those points. I am concerned about Huawei, as it is taking information from the five universities still today, when actually Huawei should have been out of this country long ago.

[The Deputy Speaker, Conservative, Chris d'Entremont]

We are descending into debate, and debate that is not necessarily on Bill C-34, which we are supposed to be discussing.

The hon. member for Barrie—Innisfil.