Mr. Chair, the subclause 20(1) amendment adds clarifying language to note that, if the foreign investor “has failed to give notice in accordance with section 12 or file an application in accordance with section 17,” the minister may send a demand letter requiring the foreign investor to stop the contravention, remedy the situation or show why there is no contravention, or—in the case of undertaking this—justify the non-compliance.
In subclause 20(2), the amendment to paragraph 39(1)(b) reflects the changes made to section 12 and provides that a breach in the pre-implementation filing requirement will allow the minister to send a demand letter to the foreign investor requiring them to “cease the contravention, remedy the default or show cause why there is no contravention of” the Investment Canada Act. We would note that the demand letter is not required to proceed to an application for court order for contravening the pre-implementation filing requirement, as set out in proposed subsection 40(1) and reflected in clause 21.
On subclause 20(3), the amendment reflects the changes made in section 25.3 and provides that the minister may send a demand letter to a foreign investor who does not comply with their written undertakings “referred to in paragraphs 25.3(6)(c) or 25.31(a)” or the minister's “order made under section 25.3”. The demand letter will require the foreign investor to “cease the contravention, remedy the default or show cause why there is no contravention of” the Investment Canada Act, or—in the case of undertakings—justify any non-compliance.
Finally, Mr. Chair, for subclause 20(4), the change in paragraph 39(2)(a) reflects the changes made to section 25.12—