Thank you, Mr. Chair.
Thank you, everyone, for indulging me. I'll say a few words and then propose the study motion, which we can circulate now.
Section 2, the purpose section of the Investment Canada Act, states:
the purposes of this Act are to provide for the review of significant investments in Canada by non-Canadians in a manner that encourages investment, economic growth and employment opportunities in Canada and to provide for the review of investments in Canada by non-Canadians that could be injurious to national security.
Further, the same act, in section 25.2, states, “If the Minister has reasonable grounds to believe that an investment by a non-Canadian”—minister meaning the Minister of Industry—“could be injurious to national security, the Minister may, within the prescribed period, send to the non-Canadian a notice that an order for the review of the investment may be made” under that subsection.
The act further defines a “state-owned enterprise” as “an entity that is controlled or influenced, directly or indirectly, by a government or agency”.
How does this relate to contracting by the Royal Canadian Mounted Police to Sinclair Technologies of Aurora, Ontario, to provide the RCMP with radio frequency filters, winning the bid as the low-cost bidder by about $60,000 over a Quebec company? That's because Sinclair Technologies, formerly a Canadian-owned company, became a wholly owned subsidiary of Norsat International in 2011.
Norsat International was also a Canadian company and was founded and based in Richmond, B.C., but Norsat was acquired by Hytera Communications company in 2017. Hytera is headquartered in Shenzhen, China, and is partially owned by a People's Republic of China investment holding company. It is a major supplier of China's public security ministry.
The acquisition of Sinclair's parent company, Norsat, by a company based in China with partial state ownership was not subject to a full and formal national security review by the Minister of Innovation, Science and Technology under his authority granted by the Investment Canada Act.
The same year that Norsat was acquired by Hytera, the Chinese National People's Congress passed the National Intelligence Law of 2017. That law compels all Chinese nationals at home and abroad to collaborate with agents of the Chinese state on request to further the Chinese state's interests. Specifically, that law passed in 2017, and, in article 7, it states that all organizations and citizens shall support, assist and co-operate with national intelligence efforts in accordance with the law and shall protect national intelligence work secrets they are aware of.
Further, in article 10 in that National Intelligence Law, it states that, as necessary for their work, national intelligence work institutions are to use the necessary means, tactics and channels to carry out intelligence efforts domestically and abroad. That means that all Chinese-headquartered businesses are an extension of the Communist Party of China's intelligence and espionage network, as required by their domestic law.
In February of this year, the United States Department of Justice filed 21 charges against Hytera for stealing mobile radio telecommunications technology from Motorola. In November, President Joe Biden signed legislation to prevent Hytera and other Chinese companies such as Huawei Technologies, which have been deemed security threats, from receiving new equipment licences from U.S. regulators.
The U.S. public safety and homeland security bureau published a list of communications equipment and services that are deemed to pose unacceptable risks to the national security of the United States or to the security and safety of United States' persons. The U.S. FCC listed video surveillance and telecommunications equipment produced by Hytera Communications Corporation and used for the purpose of public safety, the security of government facilities, physical security surveillance of critical infrastructure and other national security purposes, including telecommunications or video surveillance services provided by such entity. Using such equipment from Hytera is banned in the United States.
That's all public information. It took me about five minutes to figure this stuff out and find it, yet the Liberal government did not use its authority under the Investment Canada Act to ban Hytera and its subsidiaries from bidding and receiving government contracts, nor have the Liberals conducted a full and formal national security review of Hytera's ownership of these Canadian assets.
To summarize, the RCMP awarded, to a company owned by Chinese government state interests, over a Quebec-based and owned company with Canadian technology, a contract to supply sensitive hardware for the communications systems of the RCMP, a company whose parent company has been blacklisted and charged with espionage and stealing secrets in the United States.
The Liberal Minister of Industry never conducted a formal national security review of the takeover of the parent company of Sinclair and Norsat by the Chinese-based company, Hytera. Let's remember that the Investment Canada Act defines a state-owned enterprise as “an entity that is controlled or influenced, directly or indirectly, by a government or agency”.
Clearly Norsat and, by extension, Sinclair meet that definition. Let's also remember that the act gives the minister the power, and I would argue the responsibility, to seek a formal, full, national security review of the takeover of a Canadian company by a state-owned enterprise, and in particular companies based in the telecommunications industry in Canada.
Again, the act says:
If the Minister has reasonable grounds to believe that an investment by a non-Canadian could be injurious to national security, the Minister may, within the prescribed period, send to the non-Canadian a notice that an order for the review of the investment may be made under subsection 25.3(1).
The minister did not do that.
Why did the government not do a full security review and reject the takeover of a Canadian telecommunications company by a state-owned enterprise of the Government of China?
This committee and the public need to know. Why has the Government of Canada not told every government department, every Crown corporation, board or agency of government that all acquisitions of Canadian companies by Chinese state-owned enterprises are subject to full national security reviews under the Investment Canada Act, particularly since the Government of China requires Chinese-based companies, under their law, to see corporations as an extension of the Chinese state, and that as such, to quote again from that law, “national intelligence work institutions are to use the necessary means, tactics, and channels to carry out intelligence efforts, domestically and abroad.”
Why are all bids by such entities for Canadian government needs not flagged for full security review under the Investment Canada Act before awarding? Why has the Minister of Industry been so lax in overseeing the Investment Canada Act and not doing a full national security review of Canadian assets, and supplying Canadian governments with services from state-owned enterprises from non-democratic countries?
Remember, state-owned enterprises from China are heavily subsidized by their government, enabling them to bid at below cost for government projects, which for-profit Canadian companies cannot do. That is how they are winning bids in Canada. Hytera loses money every year, so a firm that is owned by an undemocratic government that loses money most years, by bidding below cost for work, obviously must have other motivations and purposes.
The committee needs to examine the failure of the government to do its duty under the Investment Canada Act and to protect Canadians and Canadian businesses from the injurious national security harm that these entities pose to Canada. Canada's security is a serious and urgent concern when it comes to the established pattern of the government issuing sensitive contracts to Chinese state-owned enterprises, as it did in 2021, when the Liberal Global Affairs minister awarded another Chinese state-owned enterprise a contract for providing sensitive security equipment to all of Canada's missions abroad.
This follows the Liberal government's issues around China's access to Canada's sensitive biological lab work in Winnipeg, and its exclusive contract at the beginning of the COVID pandemic to acquire only COVID vaccines from the Chinese government company called CanSino, which this committee has done some study on.
This committee needs to understand why the minister and this government did not exercise their responsibilities under the Investment Canada Act in consideration of a state-owned enterprise and a sensitive Canadian telecommunications company. The committee needs to examine why the RCMP, our senior law enforcement agency in Canada, was not advised by the Minister of Industry, the Minister of Public Safety and the Minister of Procurement to not utilize these Communist Party of China-controlled companies for their needs.
This is an urgent matter. It's why I have brought forward the motion, which we have just distributed, for immediate hearings on the RCMP contracting with a company that is compelled under China's National Intelligence Law to use every tool they can to spy on foreign nationals and acquire information, data and technology for the People's Republic of China government. That the Minister of Industry has not utilized his power and responsibility under the Investment Canada Act to prevent Canadians from injurious harm bears examination.
With that, Mr. Chair, I have a really long motion, but if you will, I'll read the motion, as follows:
That the Committee, pursuant to Standing Order 108(2), undertake a study concerning the contract awarded to Sinclair Technologies, which is owned by Norsat International, a subsidiary of Chinese telecommunications firm Hytera, a partly state-owned enterprise by the Communist Party Government of the People’s Republic of China, to build and maintain a radio frequency filtering system for the Royal Canadian Mounted Police. Whereas, China’s people’s National Congress passed the National Intelligence Law in 2017 to compel all Chinese nationals, at home and abroad, to collaborate with agents of the Chinese state on request, to further Chinese state interests by purloining confidential data and engaging in compromise of infrastructure around the world; and Whereas a Quebec firm with Canadian technology was not selected in the bidding process by the RCMP; and whereas the acquisition of Norsat by Hytera in 2017 did not undergo a national security review and section 2 of the Canada Investment Act requiring the protection of Canada’s national security was ignored by the Government; and whereas the Canada Investment Act further defines a State-owned enterprise as an entity that is controlled or influenced, directly or indirectly, by a government or agency; and whereas,
(a) the Committee hold the necessary number of meetings to examine in detail how the Canada Investment Act process failed national security, that this study is prioritized by the committee and the first meeting takes place on Tuesday December 13 and Wednesday December 14, 2022
(b) the Committee invite
(i) the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry,
(ii) the Honourable Marco Mendicino, Minister of Public Safety,
(iii) the Honourable Helena Jaczek, Minister of Public Services and Procurement,
(iv) the Honourable Carla Qualtrough, former Minister of Public Services and Procurement and Accessibility,
(v) Royal Canadian Mounted Police Commissioner Brenda Lucki,
(vi) Royal Canadian Mounted Police Assistant Commissioner Rhonda Blackmore,
(vii) Jody Thomas, National Security and Intelligence Advisor to the Prime Minister,
(viii) senior officials of the Communications Security Establishment,
(ix) senior officials of the Canadian Security Intelligence Service, and
(x) Aimee Chan, President and Chief Executive Officer, Sinclair Technologies;
(c) the Committee order the production of all relevant briefing notes, memorandums and documents which are in the possession of the Department of Industry, the Department of Public Works and Government Services, the Department of Public Safety and Emergency Preparedness, the Royal Canadian Mounted Police, the Communications Security Establishment and the Canadian Security Intelligence Service, provided that
(i) these documents shall be deposited with the Office of the Law Clerk and Parliamentary Counsel, in both official languages, within four weeks of the adoption of this Order,
(ii) a copy of these documents shall also be deposited with the Office of the Law Clerk and Parliamentary Counsel, in both official languages, within four weeks of the adoption of this Order, with any proposed redaction of information which, in the government’s opinion, could reasonably be expected to compromise national security,
(iii) the Office of the Law Clerk and Parliamentary Counsel shall promptly thereafter notify the Chair whether it is satisfied the requested documents were produced as ordered, and, if not, the Chair shall be instructed to present forthwith, on behalf of the Committee, a report to the House outlining the material facts of the situation,
(iv) the Office of the Law Clerk and Parliamentary Counsel shall provide the documents, as redacted pursuant to subparagraph (ii), to the Clerk of the Committee who shall distribute them to the members of the Committee and publish them on the Committee’s website forthwith,
(v) the Office of the Law Clerk and Parliamentary Counsel shall discuss with the Committee, at an in camera meeting, within two weeks of the redacted documents being distributed pursuant to subparagraph (iv), whether they agree with the redactions proposed by the government pursuant to subparagraph (ii), and
(vi) the Committee may, after hearing from the Office of the Law Clerk and Parliamentary Counsel, pursuant to subparagraph (v), accept the proposed redactions, or reject some or all the proposed redactions and request the production of those unredacted documents in the manner to be determined by the Committee.