Evidence of meeting #74 for Industry, Science and Technology in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was investors.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Subrata Bhattacharjee  Partner and National Chair, Competition and Foreign Investment Review Group, Borden Ladner Gervais LLP, As an Individual
Chris Hersh  Partner, Norton Rose Fulbright Canada LLP, As an Individual
Navin Joneja  Partner and Co-Chair, Competition, Antitrust and Foreign Investment Group, Blake, Cassels and Graydon LLP, As an Individual
Joshua Krane  Partner, Competition, Antitrust and Foreign Investment, McMillan LLP

4:35 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

Specifically which countries.

4:35 p.m.

Partner, Competition, Antitrust and Foreign Investment, McMillan LLP

Joshua Krane

They're from China, from Korea, from Norway—many countries.

4:35 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

Okay.

Have you represented foreign technology or biopharmaceutical companies acquiring Canadian companies that did not trigger an Investment Canada Act review?

Go ahead, Mr. Bhattacharjee.

4:40 p.m.

Partner and National Chair, Competition and Foreign Investment Review Group, Borden Ladner Gervais LLP, As an Individual

Subrata Bhattacharjee

I'm sorry. Could you repeat the question, please?

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

Have you represented foreign technology or biopharmaceutical companies acquiring Canadian companies that did not trigger an Investment Canada Act review?

4:40 p.m.

Partner and National Chair, Competition and Foreign Investment Review Group, Borden Ladner Gervais LLP, As an Individual

Subrata Bhattacharjee

I've advised foreign technology companies on transactions that were not subject to the Investment Canada Act and some that were.

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

How many were not?

4:40 p.m.

Partner and National Chair, Competition and Foreign Investment Review Group, Borden Ladner Gervais LLP, As an Individual

Subrata Bhattacharjee

I cannot say right now. I don't know.

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

Mr. Hersh.

4:40 p.m.

Partner, Norton Rose Fulbright Canada LLP, As an Individual

Chris Hersh

I have the same response as Mr. Bhattacharjee.

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

You have but you can't recall.

4:40 p.m.

Partner, Norton Rose Fulbright Canada LLP, As an Individual

Chris Hersh

Yes. Basically, I don't keep count.

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

Mr. Joneja.

4:40 p.m.

Partner and Co-Chair, Competition, Antitrust and Foreign Investment Group, Blake, Cassels and Graydon LLP, As an Individual

Navin Joneja

Yes. It's the same.

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

I see that you all have the same counsel.

Mr. Krane.

4:40 p.m.

Partner, Competition, Antitrust and Foreign Investment, McMillan LLP

Joshua Krane

I've worked on dozens of transactions, Mr. Green. I can't remember them all offhand.

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

Okay.

We're trying to get a sense of this. You've all stated that you're here as individuals, but obviously you're representing clients. Obviously there are client interests in the framework of the act, for which we're trying to find adequate amendments. I'm just trying to get a sense, as I embark on this, of who you are speaking for in terms of your experience.

Did any of the companies that were acquired receive government funding for research and development or license Canadian universities' intellectual property?

Go ahead, Mr. Bhattacharjee.

4:40 p.m.

Partner and National Chair, Competition and Foreign Investment Review Group, Borden Ladner Gervais LLP, As an Individual

Subrata Bhattacharjee

The first thing I'll say is I'm not here on behalf of any client interests, Mr. Green—

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

No, I understand that. I'm—

4:40 p.m.

Partner and National Chair, Competition and Foreign Investment Review Group, Borden Ladner Gervais LLP, As an Individual

Subrata Bhattacharjee

The answer to your second question is that I don't know.

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

You don't know.

Mr. Hersh.

4:40 p.m.

Partner, Norton Rose Fulbright Canada LLP, As an Individual

Chris Hersh

I have no idea.

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

Mr. Joneja.

4:40 p.m.

Partner and Co-Chair, Competition, Antitrust and Foreign Investment Group, Blake, Cassels and Graydon LLP, As an Individual

Navin Joneja

I also don't recall, and want to emphasize that I am here as an individual—

4:40 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

Mr. Krane.