All foreign investments in Canada, regardless of dollar value,
are subject to the national security provisions of the
Investment Canada Act (the
"ICA"), including greenfield
investments.
On March 25, 2021, the Minister of Innovation, Science and
Industry, François-Philippe Champagne, released updated
guidelines for national security reviews of foreign investments in
Canada. It is the first time that the Guidelines on the National Security Review of
Investments (the "Guidelines")
have been updated since being introduced in 2016.
The Guidelines provide helpful insight into the factors that are
considered when evaluating whether a proposed investment warrants a
national security review. Further, the Guidelines also set
out procedures that will be followed should a national security
review be initiated.