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Industry committee  We are a group of approximately 11 people, and we work, as provided for under the act, in consultation with other federal departments and provincial departments as applicable, depending on the specifics of the given transaction. We also call on our colleagues from the Department of Justice.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  As I've indicated before, there are only six factors under the act. Those are the factors that are considered part of the review process. That being said, on your point about non-compliance, to the extent—and I'm not talking case-specific—that an investor had a number of plans that were supplemented by undertakings and ultimately received approval to proceed with the transaction, and they then exhibit behaviour after a certain period of time while those undertakings are still valid such that they are non-compliant with one of those undertakings, sections 39 and 40 kick in.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  Yes, that's right.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  We do have that information. We would be happy to send it to you.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  We have that information. The value of the investments is reviewed every year. So we can provide cumulative information.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  No, the Canada Investment Act is for transactions by foreign firms that want to acquire Canadian firms.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  For the opposite situation, the laws of the other countries would apply. We have no role to play in that regard.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  ...American officials.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  As I said earlier, the purpose of my appearance is to explain the act as it now stands in its present form.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  I'm not here to propose possible changes.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  I will say first that I administer the act. So I work with the tool that I am given to administer. That being said, I would like to clarify one point, that the $312 million is still the threshold in effect.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  It hasn't changed yet, it is still the threshold in effect. In terms of what might happen, it is difficult to predict the level of activity exactly since it varies a lot from year to year. So we can't predict exactly and with certainty how many transactions would have a enterprise value above the threshold at that point.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  The threshold does not apply under part IV.1.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  They can be both.

February 17th, 2011Committee meeting

Marie-Josée Thivierge

Industry committee  That's correct.

February 17th, 2011Committee meeting

Marie-Josée Thivierge