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ARTICLE · 14 DECEMBER 2022

Canada Unveils Significant Changes To The Investment Canada Act

Borden Ladner Gervais LLP
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On Dec. 7, 2022, the Canadian Minister of Innovation, Science and Industry (Minister) unveiled a bill that he states will "modernize" the Investment Canada Act (ICA),...

CanadaGovernment, Public Sector

On Dec. 7, 2022, the Canadian Minister of Innovation, Science and Industry (Minister) unveiled a bill that he states will "modernize" the Investment Canada Act (ICA), marking the most significant changes to Canada's foreign direct investment law since 2009 (the Amendments). The changes impose significant new pre-closing filing requirements on certain proposed foreign investments, including non-controlling investments, and follows the GoC's recent announcement that it would increase scrutiny of investments into the Canadian critical minerals sector by foreign state-owned or state-influenced (SOE) investors. With the Amendments, the Government of Canada (GoC) states that it aims to increase its visibility into investments that could harm Canada's national security, enhance transparency, support greater investor certainty, and ensure that it has the appropriate enforcement tools.

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