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ARTICLE · 03 MARCH 2022

Foreign Investment Review In Canada: Top Trends And Developments For 2022

Davies Ward Phillips & Vineberg LLP
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The past year generated substantial interest in the operation of the Investment Canada Act (ICA), especially the national security review process, against the backdrop of changes in government policy that purport to...

CanadaGovernment, Public Sector
Mark Katz
Mark Katz
Charles Tingley
Charles Tingley
Joshua Hollenberg
Joshua Hollenberg
Author LinkedIn connections

The past year generated substantial interest in the operation of the Investment Canada Act (ICA), especially the national security review process, against the backdrop of changes in government policy that purport to articulate a more expansive view of Canada's national security interests. We expect foreign investment review to remain an issue of public and political concern in 2022, with the prospect of amendments to the ICA regime on the horizon. These include proposed amendments to ICA regulations that would permit – and incentivize – foreign investors to report certain types of investments by non-Canadians that are not otherwise subject to mandatory notification.

As a companion piece to our annual review of top trends and developments in Canadian competition law, we discuss below what to expect for Canadian foreign investment review under the ICA in the coming year.

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