Mr. Speaker, I want to thank my colleague from Don Valley West for detailing the historical basics, which are vital to understanding the important actions taken in terms of the Investment Canada Act the other evening.
The changes the government introduced have not just been tinkering, as some might suggest. We have taken a targeted approach and that is, quite honestly, the responsible way for us to remain effective in the face of evolving foreign investment trends, not only in this country but in others around the world. We know that Canada is a bit of a target because of its strong economic position over the last number of years that got us through the economic downturn.
In 2007, our government introduced guidelines on investments by state-owned enterprises. In 2009, we introduced national security provisions into the ICA, as well as amendments to increase the threshold for net benefit reviews and to remove sector-specific restrictions on investments. In the most recent federal budget, we introduced targeted measures intended to improve transparency and enhance enforcement.
In 2006, we recognized that investments by foreign state-owned enterprises represented a unique challenge to Canada as these investment opportunities seem to be growing, as I mentioned earlier. There is a concern that state-owned enterprises may not be commercially oriented, which could affect their operations in Canada. Guidelines on state-owned enterprises first enunciated in 2007 place significant focus on whether the Canadian businesses being acquired could operate with commercial orientation. Since that time, Canada has seen a significant increase in investment by state-owned enterprises.
As we see Canadian businesses and opportunities growing, state-owned enterprises are taking a large interest and that interest is growing. Hence, the need for the guidelines that were brought forward the other night. The Prime Minister did that on Friday evening. The revised guidelines will be applied to proposed transactions.
I will highlight the guidelines that have been mentioned time and again, and in fact, today in the House of Commons during question period. The Minister of Industry will consider among other factors: the degree of control or influence a state-owned enterprise would likely exert on the Canadian business that is being acquired; the degree of control or influence that a state-owned enterprise would likely exert on the industry in which the Canadian business operates; and the extent to which the foreign government in question is likely to exercise control or influence over the state-owned enterprise acquiring the Canadian business.
The national security provisions have also been raised a number of times. In 2008, the Competition Policy Review Panel, led by Mr. Wilson, in its final report called “Compete to Win”, recommended that the government introduce national security provisions in the ICA. It is amazing, quite honestly, that it was not until 2008 that Canada had a consideration for national security provisions within its ICA. In 2009, that recognition was given.
Under the national security review provisions, the Minister of Industry, in consultation with the Minister of Public Safety, is required to review all transactions, regardless of value, for national security concerns. In cases of concern, if it does show up at varying degrees of severity, a more in-depth review is undertaken and the minister may present the matter to cabinet for consideration. Cabinet is given broad powers to protect Canada's national security interests under the act, which are similar to protections in peer countries.
As we all know, the Prime Minister announced plans to permit the extension of national security reviews in the exceptional cases where it is necessary to do so. This will ensure that the government has the time it needs to thoroughly examine the complex cases that come before it. There is no more solemn duty of the government than protecting Canada's national security. In adding a national security review process, this government brought Canada's investment review regime into line with the practices of countries around the world.
We have heard a lot in the discussions in the House about net benefit review and those thresholds. The government also accepted another recommendation of the Competition Policy Review Panel. The government has taken steps to increase the net benefit review threshold from the existing $330 million to $1 billion. The purpose here is both to limit the role of the government in the private sector and to permit a focus on only the most significant transactions.
Additionally, the government accepted the panel's recommendation to shift the basis for calculating the review threshold from asset value to enterprise value. The government followed this recommendation in recognition of the fact that the business world has changed. Intellectual property, such as patents and trademarks, are of growing importance to business. Yet intellectual property is undervalued when considered on the basis of asset value. Enterprise value does a better job of more accurately capturing the value of a going concern business, including its intellectual property.
Members will recall that the Prime Minister announced that the increase in the net benefit review threshold will go forward for private businesses. However, and this is important, the higher threshold will not apply to transactions proposed by state-owned enterprises. Investments by state-owned enterprises will still be subject to a net benefit review at the lower threshold of $330 million. This will ensure these transactions are closely monitored.
When we look at transparency and enforcement, the Investment Canada Act contains strong confidentiality protections, which are necessary to ensure that investors willingly provide the sort of information that is required to conduct net benefit reviews. Under the Jobs, Growth and Long-term Prosperity Act, the ICA was amended. These are changes that will address the concerns of the opposition. The changes permit the disclosure of more information about the review process while still preserving commercial confidences. Specifically, the minister may disclose the fact he has sent preliminary notice to an investor that he is not satisfied that the investment is likely to be of net benefit to Canada. He may also explain his reasons for sending the notice, so long as it would not prejudice the Canadian business or the investor. At the same time, the ICA was amended to assist the government in obtaining investor compliance with undertakings.
In conclusion, our government has demonstrated over and over again that it needs to act and has acted to ensure that Canada's investment regime protects Canada's interests and is relevant to the global economic reality, which is a moving target. The Prime Minister's announcement of changes to the foreign investment review framework on Friday night were welcomed, not only by our caucus but by people around the world.