Madam Speaker, I am pleased to have an opportunity to speak to a bill that Conservatives believe is critical to the safety and security of Canadians.
At face value, Bill C-34 would amend the Investment Canada Act with the intent to bolster Canada’s foreign investment review process and increase penalties for certain instances of malpractice or contraventions of the act. Canadians could consider this bill an attempt by the Liberals to take threats posed by some cases of foreign investment seriously. However, we live in an increasingly volatile world and, as we have seen over these past few months, Canada is not immune to infiltration and manipulation from abroad.
In the past, Liberals have failed to thoroughly review transactions involving Chinese state-owned enterprises. This pattern is repeating itself through Bill C-34. Namely, clause 15 would remove the obligation for any foreign investment to be subject to a mandatory consultation with cabinet.
On this side of the floor, we believe that Canada’s economic and security interests are paramount and this bill would not go far enough to protect them. That is why we put forward 14 very reasonable amendments at committee that would have intensified the review process of business acquisitions from foreign state-owned entities. Unfortunately, the Liberals and the NDP rejected all but four of them. They are nonetheless critical to improving the bill, so I will touch on each of them.
First, the government was prepared to pass a bill that would have given carte blanche access to investment from state-owned enterprises, no matter their relationship with Canada. There were no provisions that would require any investment by a state-owned enterprise to be subject to an automatic national security review when the government introduced this bill. Our amendment reduced the threshold to trigger a review from $512 million to zero dollars, meaning that all state-owned enterprise investments in Canada must undergo a national security review.
Second, Conservatives introduced an amendment which would ensure that the acquisition of any assets by a state-owned enterprise would be subject to review under the national security review process. It would guarantee that not only new business establishments, acquisitions and share purchases would be considered under the review but also that all assets are included in this process, which is another very good amendment to the bill.
Third, when the government introduced the bill, it failed to address concerns regarding companies that have previously been convicted of corruption charges. This makes no sense to me at all. The Conservative amendment now, fortunately, would require an automatic national security review to be conducted whenever a company with a past conviction is involved.
Finally, the government would have been happy to pass a bill that gives more authority and discretion to the minister, despite multiple blunders over the past eight years to take seriously the real threats posed by some foreign investments. The original bill would have left it to the minister to decide whether to trigger a national security review when the threshold was met. The Conservative amendment addresses this oversight and would make a review mandatory, rather than optional, when the $1.9-billion threshold is met.
I do not understand why the government would not have automatically included this in the bill. It concerns me that so many pieces of legislation from the government are giving more and more authority to individual ministers and not to those beyond them to make sure that, within cabinet and the oversight of the House, those things are truly transparent and that sober thought has been applied.
These amendments, the four that I mentioned, are crucial elements to strengthening this bill, but the Liberal-NDP government also denied Canadians further protections by rejecting some other key improvements that Conservatives really do feel should have been there.
Witnesses at the committee stressed that many Chinese enterprises operating internationally are indentured to requests from the CCP, even if they are privately owned. That almost seems like an oxymoron, does it not? Instead of taking sensitive transactions seriously, the Liberals and the NDP rejected our amendment to modify the definition of a state-owned enterprise to include companies headquartered in an authoritarian state, such as China.
In addition, the coalition chose to not provide exemptions to Five Eyes intelligence state-owned enterprises. Conservatives proposed an exemption to prevent an overly broad review process, which the Liberals and NDP rejected. Rather than focusing on real and serious threats to safety, the government would rather utilize its time and resources on scrutinizing our most trusted security partners.
This makes no sense. Clearly, the government has struggled to get things done in a timely manner, and this would have been an opportunity for it to be far more efficient and to also show an improving relationship with our Five Eyes partners and allies.
Lastly, rather than supporting our amendment to create a list of sectors considered strategic to national security, the Liberals and the NDP chose to leave the process up to regulation and put it at risk of becoming a political exercise, which Canadians are very concerned about when it comes to the government, where stakeholders may invoke national security concerns to protect their own economic interests. Clearly the government has failed over and over again to show it is truly operating in the best interests of Canadians.
I am glad to say that the amendments we were able to pass turned a minor process bill into a major shift in our nation’s approach to foreign takeovers of Canadian companies, but there is still more that could be done to improve it. As it currently written, the bill would give the Minister of Industry and the Minister of Public Safety near sole authority to bypass cabinet and approve projects coming into Canada.
Given past precedent, Conservatives have been sounding the alarm for years on why this would be a critical mistake. I am reminded of when the former minister neglected to conduct a full national security review of partially China-owned Hytera Communications’ purchase of B.C.’s Norsat International in 2017.
Twenty-one counts of espionage later, the United States Federal Communications Commission blacklisted Hytera in 2021 due to “an unacceptable risk to the national security of the United States”. However, it was not until 2022 that the then minister was left scrambling when the RCMP suspended its contract with Norsat for radio frequency equipment.
Shockingly, Public Services and Procurement Canada confirmed that security concerns were not taken into consideration during the bidding process for the equipment. This, of course, raises alarms. The Liberals also failed to consult Canada’s own Communications Security Establishment on the contract. Instead, the contract was merely awarded to the lowest bidder. This is also interesting because, quite often, it seems we are hearing of funds being shared by the government with organizations that simply do not do anything for Canadians with the money they are given.
Why was this allowed to happen? Why was a piece of technology meant to ensure secure communications within Canada’s national police force contracted out to a company accused of compromising national security around the world, as well as serving as a major supplier to China’s Ministry of Public Security?
Let us go back to 2020, when the government was prepared to award Nuctech with a $6.8-million deal to provide Canada’s embassies and consulates with X-ray equipment. Nuctech is, again, Chinese-based and founded by the son of a former secretary general of the CCP.
Deloitte Canada reviewed the offer and made a staggering recommendation to the government that it should only install security equipment in Canadian embassies if it originates from companies with national security clearances. Deloitte found that Nuctech’s hardware and software had advanced beyond the government’s existing security requirements to the point that its X-ray machines are capable of gathering information and accessing information networks. This raises huge alarm bells.
Global Affairs Canada did not review Nuctech for risks to national security during its procurement process, nor was the Canadian Centre for Cyber Security asked to conduct its own review. The government often says it will do better and can do better, but these things are happening over and over again. However, all this might have been too little too late, as the government has awarded four additional CBSA contracts to Nuctech since 2017. The government’s laissez-faire attitude to national security is simply beyond comprehension.
It does not end there. The government also cannot be trusted to safeguard the security of Canadians because it cannot even follow its own rules. In March of 2021, the minister updated guidelines for national security reviews for transactions involving state-owned enterprises and Canada’s critical minerals. Less than a year later, the same minister violated his own rules by expediting the takeover of the Canadian Neo Lithium Corporation by Chinese state-owned Zijin Mining. Once again, this was done without a national security review.
To make matters worse, the minister defended his decision by refusing to order them to divest from Neo Lithium while ordering three other Chinese companies to divest their ownership of three other critical minerals firms. It is confusing to me that the government would be so inconsistent. The hypocrisy is astounding. The government is once again picking winners and losers, and it is disconcerting who they are choosing to be winners. This time, national security is on the table. This cannot be allowed to continue.
We have seen a pattern of missteps by the government on how programs and projects are approved. Over the last eight years, there has been an unacceptable shift toward putting more power within the hands of ministers and outside advisory councils, with little to no accountability to this place. We certainly see that, and Canadians see it, too. There is less and less of a sense of responsibility in this place to Canadians. It is as though the government can simply go ahead and provide its ministers with legislation that gives them a carte blanche ability to do things, along with organizations and advisory councils that are outside of this place and do not have the proper oversight that the House of Commons, which reflects Canadians, certainly should have.
Often, we find that appointed advisory councils are established at the minister’s discretion prior to a bill even being signed into law. That just shows the incredible lack of respect of the Liberal government to due process in this place.
Other times, we see that the Liberals just cannot seem to pick a lane. With Bill C-27, for instance, the Privacy Commissioner’s new powers to investigate contraventions of the Consumer Privacy Protection Act were diminished by a personal information and data tribunal. In this tribunal, only three of its six members were required to have experience in information and privacy law—
