National Security Review of Investments Modernization Act

An Act to amend the Investment Canada Act

Sponsor

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Investment Canada Act to, among other things,
(a) require notice of certain investments to be given prior to their implementation;
(b) authorize the Minister of Industry, after consultation with the Minister of Public Safety and Emergency Preparedness, to impose interim conditions in respect of investments in order to prevent injury to national security that could arise during the review;
(c) require, in certain cases, the Minister of Industry to make an order for the further review of investments under Part IV.1;
(d) allow written undertakings to be submitted to the Minister of Industry to address risks of injury to national security and allow that Minister, with the concurrence of the Minister of Public Safety and Emergency Preparedness, to complete consideration of an investment because of the undertakings;
(e) introduce rules for the protection of information in the course of judicial review proceedings in relation to decisions and orders under Part IV.1;
(f) authorize the Minister of Industry to disclose information that is otherwise privileged under the Act to foreign states for the purposes of foreign investment reviews;
(g) establish a penalty not exceeding the greater of $500,000 and any prescribed amount, for failure to give notice of, or file applications with respect to, certain investments; and
(h) increase the penalty for other contraventions of the Act or the regulations to the greater of $25,000 and any prescribed amount for each day of the contravention.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Nov. 20, 2023 Passed 3rd reading and adoption of Bill C-34, An Act to amend the Investment Canada Act
Nov. 7, 2023 Passed Concurrence at report stage of Bill C-34, An Act to amend the Investment Canada Act
Nov. 7, 2023 Failed Bill C-34, An Act to amend the Investment Canada Act (report stage amendment) (Motion 3)
Nov. 7, 2023 Passed Bill C-34, An Act to amend the Investment Canada Act (report stage amendment) (Motion 1)
Nov. 6, 2023 Passed Time allocation for Bill C-34, An Act to amend the Investment Canada Act
April 17, 2023 Passed 2nd reading of Bill C-34, An Act to amend the Investment Canada Act

Motions in AmendmentNational Security Review of Investments Modernization ActGovernment Orders

October 26th, 2023 / 1:35 p.m.


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Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Mr. Speaker, today, we are debating Bill 34, an act to amend the Investment Canada Act, at report stage. We are dealing with a new amendment to this bill from the Conservative side of the House, as well as some housekeeping amendments from the government side.

To make sure everybody watching understands what the Investment Canada Act is about, it deals with the acquisition of Canadian companies by foreign entities: companies and governments that come to Canada to try to acquire our businesses. There is a government process, through Investment Canada, that these entities need to go through with the Minister of Innovation, Science and Industry and cabinet. Through the bill before us, cabinet would be removed from the process. I will speak to this in a moment.

Wayne Gretzky, whom I know everybody here admires, said, “You miss 100% of the shots you don't take”, and this bill fits that description. While it would make administrative amendments and speed up the process a little, it missed the opportunity to look at what is happening in the Canadian economy and deal with the increasing acquisitions of assets and businesses of various sizes, from small businesses worth a few million dollars up to minerals rights and large corporations, by states that are hostile to us. As has been said before, it has been 14 years since the act was amended. A lot has changed in the world, in particular around the way that state-owned enterprises have become extraterritorial in taking over companies around the world for their own economic interests. The Conservatives' challenge with the bill is that it thinks small. It did not use this opportunity to take a shot on net and score a goal by recognizing the change in the global economy and what is happening with the outright sales of Canadian businesses and assets to hostile states.

The minister is the minister of broken bills, which is why we are having to make more amendments to this one. On his other bill, Bill C-27, after a year and a half, he has had to make amendments. Perhaps if he had spent more time here in Canada understanding what was going on, he might have produced better legislation. The Liberals missed the chance to think big and understand what is going on in our economy. What is going on in our economy is what I call the Chinese government cold war. We are in a new cold war. It is not one of bombs and the military in that sense; it is the silent takeover of the economic assets of other countries. This is how China is gaining influence all around the world. We all know about the election interference issues, but those things are perhaps a little more obvious than this is to Canadians, this creeping strategic control by the Communist Party of China of Canada's assets and those of other countries. Other countries have put mechanisms in place within their investment acts to recognize this and prevent it. The bill, as it was introduced in the House and debated at second reading, did not contain any of that.

Small businesses in my riding, such as lobster buyers, are $2-million businesses being bought for $10 million by China. The Chinese government owns a number of lobster businesses in my riding. It is how it is getting control of our seafood assets behind the door. It is doing the same in agriculture. It is buying land and farms in western Canada and mineral rights in our land. It is buying more obvious things, which I will speak to. It is buying companies like the only producing lithium mine in Canada. Therefore, Bill 34 missed a lot and would just make small administrative changes.

The Communist Party of China cold war's being ignored in Canada might be out of incompetence, but it also could be the case, as we know, that the Prime Minister believes that China is his most admired country, so maybe it is more strategic. Let us take a look at the Liberal government's record on this issue.

In 2017, the Liberal government allowed a telecom company from B.C. called Norsat to be acquired by a company called Hytera, which is Chinese-based. Hytera does not make any money. Conservatives demanded, at the time, a full national security review. The Liberal minister of the day refused to do one and approved the acquisition. Lo and behold, in 2022, Hytera was charged with 21 counts of espionage in the United States and was banned from doing business there, but only eight months later, the RCMP in Canada, shockingly, bought telecommunications equipment from Hytera to put in its communications system. When I asked the RCMP, at the industry committee, because it was in all the newspapers, whether its members were aware that eight months before, Hytera had done this and been banned in the U.S., the RCMP, shockingly, said no.

I referred earlier to the Tanco mine, our only producing lithium mine, which was bought by the Sinomine Resource Group, a Chinese-owned mining company. Every ounce of that lithium in our critical minerals industry goes to China.

The record on this is very awkward for the government to hear, but it is a growing concern. It did not take those things into consideration in drafting the bill before us, As a responsible opposition to His Majesty, the Conservatives proposed a number of amendments in committee, and thanks to the support of the other two opposition parties amidst the objections of the Liberals, we made some significant amendments. Those amendments include that with 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 now be zero dollars. Any transaction over zero dollars would be reviewed, compared to the threshold now, which is $512 million. China is buying a lot of assets for under $512 million, and the threshold would now be zero. The same would apply for a new concept we added, which is that all asset sales would need to be included in that test with a state-owned enterprise.

Today, we are also taking this one step further by saying that the minister has made yet another error. That error was trying to consolidate all his power and ignore his cabinet colleagues. The bill would change the Investment Canada Act process that requires that at the beginning, when an acquisition is made, the minister take his recommendation on how far to go with a national security and net benefit review into a study. The bill before us says that he would not have to do that anymore and that he could decide on his own, that at the end of the process, whatever the results are, he would come back and say he will decide whether or not he goes to cabinet with the results.

Removing cabinet from the decision-making process would mean that we would not get the breadth of experience of people around the cabinet table and that we also would not get the breadth of experience from regional perspectives. For example, there have been companies bought in Quebec. If an industry minister is from Ontario and our public safety minister is from out west, they would make the decision on their own without any input from Quebec. I suspect that the Bloc Québécois would be opposed to that issue and would want to see Quebec representation in those decision-making processes, but the bill before us has the potential to eliminate that part of it.

We are proposing common sense Conservative amendments, as we did in committee. Thankfully we upped the ante of the bill and made it more than an administrative bill such that it would deal with the serious international challenges we had, through the four amendments that were accepted. By the way, there are two national tests in there. One is on national security and the other is on the net benefit to Canada. Conservatives in committee added a third: if a company has been convicted of bribery or corruption, the minister would now have to take that into consideration in deciding whether to approve the acquisition. It would add much benefit, but, for some reason, Liberals did not think it was worthy when they voted against it.

We believe that Conservatives have improved the bill dramatically. We are trying to improve it again in the spirit of good public policy for Canada and protecting our economy against hostile interests, which the Liberals seem not to care about. I urge the House, including all members from the Bloc Québécois, the NDP and the government, to recognize that cabinet's decision-making process is essential to getting the full breadth of things, and I urge members to vote for our amendment.

Motions in AmendmentNational Security Review of Investments Modernization ActGovernment Orders

October 26th, 2023 / 1:20 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, we are debating Bill C-34. We were supposed to be debating it a few hours ago, but instead the Conservatives, in their reckless wisdom, thought it would be better to amplify their party's position on the Canada infrastructure bank, which, as I pointed out in my debate, is totally and absolutely bizarre.

Before I go on to the actual debate on the amendments, I have an observation and a plea for my Conservative friends.

Canadians were disappointed when the Conservatives flip-flopped on the price on pollution, a fairly significant flip-flop. I would encourage them to do another flip-flop on the Canada Infrastructure Bank. Canadians would benefit immensely if they were to do that, so I highly recommend that.

I am glad that we are finally on this debate. It is important to recognize that the last time the Investment Canada was amended was maybe 12 or 14 years ago, I believe. A great deal has taken place since then.

We can talk about things such as foreign interference. Foreign interference takes place in many different ways. One of those ways is through investments, significant investments.

When we think of investments, we have to think of it in two ways. There are those who will invest in Canada to get a rate of return. They are not necessarily a majority; they are not taking ownership, if I can put it that way.

Then there are investments in which ownership has taken over. I think most Canadians, including myself, have a great deal of concern when that takes place. Whether we are debating the amendments or the legislation itself, we have to be very careful to recognize that we are debating ways in which we can modernize the Investment Canada Act.

I want to focus on technological changes, such as the development of AI and the impact that this has on society.

We have incredible companies throughout the country. We have endless minerals and potential for development and extraction. Many minerals that are in exceptionally high demand can be found in Canada. We have companies that are leading the world in certain sectors, such as anything related to companies that are technologically advanced, AI being one of those.

As a government, we have been putting a great deal of focus on green jobs, recognizing the not millions, not even billions but close to a trillion dollars of investment around the world. We have to be very much aware of that. We have to realize that Canada has a role to play. We need to be in a position to protect our industries, the AI and the technological advancements that are taking place today. That is why we have things such as copyrights and patents.

We do not want a company from abroad coming into Canada, buying something and then taking it out of Canada. Canada loses out because of that leading technology that was part of a company.

This is why it is important we see this legislation pass. It would modernize the Investment Canada Act.

Let us think of this with respect to national security reviews, how we look at certain aspects of industries, anything from military weapons development to Internet or artificial intelligence being developed in Canada, to see if it is in Canada's best interest. It is not in Canada's best interest to accept all international investments coming into our country.

At times, as a government, we want to be in a position to put in some constraints, take specific actions that will protect Canadian industries and Canadians as a whole. It also ensures the type of growth we want to promote and encourage in certain sectors. In fact, we often provide incentives for those industries.

Canada, through the many trade agreements we have signed off on in the last number of years, has created opportunities, not only for investment outside of Canada but also for investment to come into the country. Canada, as a result of our many trade agreements and our reputation around the world, is a great place to invest.

Billions of dollars every year enter our country for a multitude of reasons. Let there be no doubt that a lot of it is because of Canada's reputation in the world as being a safe place to invest. At the end of the day, it's those and other investments that we have to be aware of with respect to how they impact Canadian jobs, not only for today, those good, hard-working middle class-type jobs, to ensure we protect them well into the future.

This legislation would empower the minister and different areas of the department to do just that. It would provide a higher sense of security and ensure that the best interests of Canadians are better served. That is what I like about the legislation, and it is very timely. As we continue to grow in commerce throughout the world, we have to ensure we have the regulations and laws in place to protect the population from a wide spectrum of things that could come about.

I look to my colleagues across. Instead of filibustering the legislation by doing what they did earlier, we could have been debating this. I could have been giving this speech over three hours ago. It would have been nice to have seen this legislation possibly pass before question period, as we are at report stage; it still has to go through third reading. We know that is not going to happen now because they were successful with their three-hour filibuster. However, they were the ones who made with that decision.

I hope members across the way will see the value of the legislation for what it is. It is about ensuring that Canada is well positioned, from a worldwide perspective, on investments, so we are able to better create and promote industries in Canada, thereby keeping the jobs we have and growing our economy well into the future by providing well-quality jobs for our middle class.

Speaker's RulingNational Security Review of Investments Modernization ActGovernment Orders

October 26th, 2023 / 1:15 p.m.


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The Acting Speaker John Nater

There are three motions in amendment standing on the Notice Paper for report stage of Bill C-34. Motions Nos. 1 to 3 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1 to 3 to the House.

National Security Review of Investments Modernization ActGovernment Orders

October 26th, 2023 / 1:15 p.m.


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The Acting Speaker John Nater

I wish to inform the House that, due to an administrative error, there is a portion of text missing in the printed version of the Notice Paper for report stage of Motion No. 1 in relation to Bill C-34, an act to amend the Investment Canada Act.

The missing text should appear at the beginning of part (b) of the motion. The text appears correctly in the electronic version, which is published on our website. A corrected printed version of the Order Paper and Notice Paper is available at the table.

I regret any inconvenience this may have caused hon. members.

The House proceeded to the consideration of Bill C-34, An Act to amend the Investment Canada Act, as reported (with amendments) from the committee.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

October 26th, 2023 / 10:40 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, at the end of the day, we need to look at what the Conservative Party is saying about the Canada Infrastructure Bank. We have now had two of its members say they want to abolish it. They are making it clear and reinforcing that fact. They believe that the Canada Infrastructure Bank is a bad idea.

Members are saying, “Yes, it is.” That is what I mean about their being so reckless when it comes to what the interests of Canadians really are. Do Conservatives have any idea that we are talking about 46 projects all over Canada? The government has committed just under $10 billion, and the Conservatives are going to throw it away. They say it is garbage and it is not necessary.

Do members know that the $9.7 billion has now accessed an additional $20 billion from the private sector? That is an incredible amount of money. The Conservatives say there are no projects, or they will qualify it and say there are no projects that have been completed. When we spend billions of dollars on projects, they do not necessarily happen overnight, but there are 46 projects well under way, including projects in the home provinces of the two people who rose to speak on the concurrence report. The projects are going to make a huge difference, but the Conservatives want to get rid of the Canada Infrastructure Bank.

This goes back to Stephen Harper, who never really believed in investing in Canada's infrastructure, nowhere near to the same degree the government has. From day one, the government has been focused on Canada's middle class and those aspiring to be a part of it, and on supporting individuals in need. Part of recognizing how we are going to do that is by investing in our economy through the creation of jobs, through the development of trade agreements and through bringing forward a higher standard for infrastructure spending. No government in the history of Canada has spent more money on infrastructure, because we recognize that to have a strong Canada, we need to invest in infrastructure.

With the billions of dollars we spent and invested in infrastructure, we also had an add-on with the Canada Infrastructure Bank, which the Conservatives across the way like to mock. They now say they want to abolish it completely. Even in my home province of Manitoba, there are infrastructure dollars from the bank going toward the Internet to modernize and to make sure that rural Manitoba is connected. On the one hand, the Conservatives are critical, saying we are not doing enough on rural connectivity, even though we are doing more than Harper did. Then, when it comes time to invest in the infrastructure, they are saying they do not want that infrastructure and they are going to cancel the Infrastructure Bank.

The Conservatives have no idea what they are talking about. It is almost as if they walk into their back room, talk to their leader, who gets a bright idea, and then make the decision that common sense says infrastructure is bad. Why is it bad? They need to explain that to me. We invest and see $27 billion going toward Canada's infrastructure on projects that will have a profoundly positive impact, yet common sense, according to the Conservative ideology, says it is bad. That is why I was talking about the Homer Simpson award. It is incredible. I do not understand it.

When I first found out we were going to be talking about another concurrence report, the first thing that came across my mind was not necessarily to talk about the subject matter; it was to talk about “Here we go again with the Conservative Party's trying to filibuster legislation.”

It is legislation that is so critically important, yet they always use concurrence motions to prevent legislative debate. Let me give members an example. The day before yesterday we were talking about trade agreements. There is a lot of infrastructure necessary in Ukraine. It is a very important deal. It is infrastructure that Canada has a great deal of experience with, and it is part of that trade agreement.

Let us talk about the two days of solid hours of debate that takes place, something we all support, although maybe not. I should not say that. Do members remember when the member for Cumberland—Colchester said that Canada is taking advantage of Ukraine at a time of war and asked why we even have this piece of legislation? He even described it as being “woke legislation”.

This was after the President of Ukraine came to Canada to sign an agreement, which has so much power with economic ties and messaging on the war, and a huge part of it is dealing with infrastructure. I do not know why, but Conservatives are once again trying to be mischievous. On the one hand they say they support Ukraine, and then they do something like this. I asked if we could pass it by Christmas, and they waffle. Now we are on another piece of legislation, and they are using that tactic again.

When I came here I was not expecting to talk about the Infrastructure Bank, although I have a lot more to say on it. Rather, I was expecting to speak to legislation dealing with the Investment Canada Act, Bill C-34, which is very important. When we think of infrastructure, we have to recognize that it is so badly needed in many of our communities. Having the Infrastructure Bank is, at least in good part, meeting many of those demands and getting things to market.

We are supposed to be talking about foreign investment coming into Canada today, a modernization of the act from 2009, because a lot has changed since then. We are supposed to be talking about ensuring that the minister has a national security review of the transactions that are taking place. Today, AI is something that is very serious. When we take that into consideration with international investment, I always thought Conservatives would be concerned about that. However, once again today we see, through the moving of this concurrence motion, that they are saying no. They are not being sensitive to issues such as technological advancements, AI and the impact it is having on international investments into Canada. Canada welcomes international investment, but we have to make sure that we have things in place to modernize the act, whether it is in respect to the minister or other processes, to protect the technology and our industries. That is what we are supposed to be talking about today.

Instead, Conservatives have brought forward a motion on the Infrastructure Bank. Given their position on the Infrastructure Bank, I hope that either the Bloc or New Democrats will bring forward an opposition day motion to seek clarification. I would like to see the leader of the Conservative Party backtrack on the issue of the Canada Infrastructure Bank. If he really believes in building a stronger or healthier Canada, this reckless policy of getting rid of the Canada Infrastructure Bank is the wrong way to go.

The Leader of the Opposition needs to understand that investments in infrastructure matter. I could go through the 46 projects there, even though the Conservatives want to spread inaccurate information. We can read what they have said in their speeches, just in the introduction. They tried to give the false impression that the Canada Infrastructure Bank is doing nothing, that there are no jobs because none of the projects are actually completed.

What about the hundreds, potentially thousands, of jobs, both direct and indirect, that are already in place, with people working today, because there are 46 projects under way? Some will be completed sooner than others. Some will make a huge difference for the environment.

I am thinking about the community of Brampton. A number of months ago, when I was looking at the Canada Infrastructure Bank, there was talk of an investment to electrify the public transit buses. I do not know exactly where that is today, but I can assure the House that it is making progress. That is not the only public transit in Canada that has accessed the Canada Infrastructure Bank, and that is a good thing.

I understand some members in the Conservative Party do not necessarily care about the electrification of vehicles. I suspect that includes buses. Rather, they are trying to play up the myth that we are going to see cars blowing up or catching on fire because we have too many electric vehicles, and it is such a small percentage overall of the population. It is that whole tin hat syndrome, which they tend to have.

It is something—

Business of the HouseOral Questions

October 19th, 2023 / 3:20 p.m.


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Burlington Ontario

Liberal

Karina Gould LiberalLeader of the Government in the House of Commons

Mr. Speaker, I think the hon. member will be very happy with my answer.

I hope that happiness will result in him supporting Bill C‑56 and not just giving a speech about it. The bill is good for Quebeckers and Canadians.

Tomorrow, we will begin second reading debate of Bill C-38, which deals with new registration entitlements. I am sure my colleague is very interested to hear that, on Monday, we will debate Bill C-56, the affordable housing and groceries act. On Tuesday and Wednesday, we will call Bill C-57, the Canada-Ukraine free trade agreement implementation act, which was introduced earlier this week.

Thursday, we will proceed with report stage and third reading of Bill C-34, concerning the Investment Canada Act. I assume that my hon. colleague is very happy with this news, and I look forward to hearing his speech on Monday.

Industry and TechnologyCommittees of the HouseRoutine Proceedings

September 28th, 2023 / 10:05 a.m.


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Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Mr. Speaker, I have the honour to present, in both official languages, the 17th report of the Standing Committee on Industry and Technology in relation to Bill C-34, An Act to amend the Investment Canada Act.

The committee has studied the bill and has decided to report the bill back to the House with amendments.

Brian Masse NDP Windsor West, ON

Yes, so we have 13 meetings. I guess this is what I want to clarify, and I don't want to spend more of the time.... The point of order was on that.

Minister, you can, at the last minute, table specific amendments, but aside from that right now.... I like a lot of what you said here, and there's a ton of things I would like to know, but we don't have a copy of your speech. Is it the intent, then, of the government to have all those meetings and to have all those witnesses come to testify to us about the legislation that you have tabled, which is real, and then the concept is that they have to respond to your testimony here today?

We have asked all those groups to present us with their amendments before they sit down at this table, so my concern is that, if we don't have these specific legal amendments, we then have to go on the speculative assumption of what you said in the last several minutes to weed out all their concerns.

I think we have a huge firestorm that's going to be created here, because I know my phone is going to be ringing off the hook. How do they give a response to the ideas you've promised when we don't have the actual amendments? If we had those amendments right now, those groups and organizations that give us good testimony....

Just for the record, even on Bill C-34, we had to have several time outs because we had to deal with amendments that nobody quite understood the consequences of. Is that the plan? I really appreciate what you have come here with. There are specific things that you have said.... I couldn't even write them down; you talk as quickly as I do. Pat Martin used to say that there are no periods in my Hansards.

What I'm really worried about right here is how we go forward and when we are going to get these specific amendments, because we have to have our legal teams go through them—the Library of Parliament, our analysts and everyone else like that. How do we do that if we don't have anything more than ideas?

The Chair Liberal Joël Lightbound

Colleagues, I call this meeting to order.

I know there's a lot of excitement. Most of you didn't expect to see each other so soon.

Welcome to meeting number 85 of the House of Commons Standing Committee on Industry and Technology. Today's meeting is taking place in a hybrid format, pursuant to the Standing Orders.

Pursuant to the order of reference of Monday, April 17, 2023, the committee is briefly resuming its study of Bill C-34, an act to amend the Investment Canada Act.

At the meeting on Tuesday, September 19, the committee completed its clause-by-clause study of Bill C-34, an act to amend the Investment Canada Act. After the meeting was adjourned, a situation was brought to my attention that merits clarification from the committee in order to dispel any confusion for the subsequent stages of the study of the bill.

During the debate on amendment NDP-2, creating a new clause, clause 8.1, MP Gaheer proposed the subamendment with the reference number 12546585, when his intention was to propose subamendment 12549163, as distributed to the members of the committee on Tuesday morning at 10:19 a.m.

After listening to the meeting again, it seems obvious to me that the discussions and the vote of the members concern the content of subamendment 12549163 and not subamendment 12546585, which rather refers to clause 12.

In order to clear up any misunderstanding and avoid problems with subsequent stages of the legislative process, it would be appropriate for the committee to clarify the vote on the subamendment. I therefore ask the committee for unanimous consent for the following motion:

That notwithstanding the Committee's decision of September 19 to adopt the amendment with reference number 12546585, that this decision be rescinded and that the Committee adopt subamendment 12549163.

Do I have unanimous consent for the motion just stated?

Go ahead, Mr. Perkins.

The Chair Liberal Joël Lightbound

Thank you, everyone.

That concludes our meeting. We've completed our study of Bill C‑34 on time and on budget, which is wonderful.

Thanks to everyone. Have a great evening. We will see you next week.

The meeting is adjourned.

The Chair Liberal Joël Lightbound

We were off to a good start, Mr. Perkins. I'm going to assume that it is your French courses that are playing tricks on you and that in fact you meant to say yes.

Thank you, everyone. This concludes our study of Bill C‑34.

Thanks to the officials for being with us.

Thanks to the Conservatives, who allowed us to bring it back to start this session, because we could have ended it in the spring.

Go ahead, Mr. Perkins.

Rick Perkins Conservative South Shore—St. Margarets, NS

Thank you, Mr. Chair and committee members.

I'll refer you back to the motion. I don't mean to prolong it, because I know we're getting a little short on time.

With Bill C-34, while the current legislative framework already enables the federal government to examine strategic industries, witnesses like Professor Patrick Leblond from the University of Ottawa have argued that letting the federal government choose to systematically review investments creates an issue in which investments are reviewed individually, rather than through a sector-wide approach. According to testimony from Professor Leblond in the 2021 INDU report on the Investment Canada Act, not listing specific industries necessary for national security would prevent the review system from:

...devolving into an entirely political exercise in which stakeholders representing different regions and sectors of activity evoke national security concerns to protect their own economic interest. This would include stakeholders perhaps testifying (perhaps wrongly) that an asset or sector is not critical to Canada's national security in order to attract and facilitate foreign investments.

The summary of our change is that the amendment seeks to rectify this issue by responding to recommendation 4 of the 2021 INDU report—which I believe was unanimous, and many of the members here were on that committee—on the Investment Canada Act by listing specific sectors necessary to preserve Canada's national security, rather than applying the systematic approach. We've listed in that amendment “high-technology, health care, pharmaceutical, agri-food, natural resources and energy industries”.

Obviously, if there are other committee members who feel that some industries should be specifically listed under these terms, we'd be open to that.

Rick Perkins Conservative South Shore—St. Margarets, NS

It was last week.

Bill C-34 does not provide exceptions for the national security review for Canadian allies. The rationale is that several witnesses expressed concerns that a national security review process could harm legitimate foreign direct investments. Specifically, witnesses like Subrata Bhattacharjee highlighted the impact that an overly broad review process could have of holding up important acquisitions and potentially scaring off legitimate investors. The concern becomes more prevalent if some of our other amendments succeed, specifically some of those that seek to broaden the national security review process.

Because Canada's national security interests are aligned with those of members of the Five Eyes intelligence alliance, there is no need to impose additional regulatory burdens on allied state-owned enterprises for purposes of national security. Further, consideration should be given to the considerable economic ties between Canada and its allies and the impact the review process could have on trade.

In light of these concerns, this amendment seeks to provide an exemption to national security review processes for state-owned enterprises from the Five Eyes intelligence alliance countries.

The Chair Liberal Joël Lightbound

Given that we've had two months away from the House and from the joys of Bill C-34, I will grant a very short pause because I believe some of these discussions could have happened before the committee.

I'll briefly suspend for two minutes.