Canada: Government Of Canada Proposes Significant Amendments To The Investment Canada Act - Bennett Jones LLP

Canada: Government Of Canada Proposes Significant Amendments To The Investment Canada Act - Bennett Jones LLP



16 December 2022

Bennett Jones LLP







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On December 7, 2022, François-Philippe Champagne, the Minister of Innovation, Science and Industry (the Minister), announced several proposed amendments to the national security regime under the Investment Canada Act (ICA) through the introduction of Bill C-34: An Act to amend the Investment Canada Act. This new bill represents the most substantial update of the ICA since the introduction of the national security regime in 2009.


According to the Minister, the amendments are aimed at introducing new tools to ensure that Canada can "continue addressing changing threats that may arise from foreign investments." The amendments include:


  • A new pre-implementation filing requirement for investments in Canadian businesses engaged in prescribed business sectors, which have yet to be identified.

  • New ministerial authority to extend the national security review of investments.

  • New and increased fines for non-compliance with the ICA.

  • New ministerial authority to impose interim conditions during a national security review.

  • New ministerial authority to accept undertakings to mitigate national security risk.

  • The ability for the government to disclose specific information regarding national security reviews to foreign states.

  • New rules for the protection of information during the course of j ..

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