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ARTICLE · 24 SEPTEMBER 2014

CETA Will Create A Two-Tiered System For Investment Canada Act Reviews

McCarthy Tétrault
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The text of the Canada and European Union (EU) Comprehensive Economic and Trade Agreement (CETA) is due to be released soon.

CanadaInternational Law
Oliver J. Borgers
Oliver J. Borgers
John Boscariol
John Boscariol
Robert Glasgow
Robert Glasgow
Shea Small
Shea Small
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The text of the Canada and European Union (EU) Comprehensive Economic and Trade Agreement (CETA) is due to be released soon, but it remains to be seen if the Canadian government will clarify which countries, in addition to those in the EU, will benefit from the higher $1.5-billion threshold for review under the Investment Canada Act (ICA).

On October 29, 2013, the Canadian government released the Technical Summary of Final Negotiated Outcomes of CETA, in which it indicated that the ICA threshold would be raised to $1.5 billion for EU investors and that investors from Canada's other free trade agreement (FTA) partners would also benefit as a result of the most-favoured nation (MFN) commitments in those FTAs. Investors from other countries would continue to be subject to the lower threshold (which itself is expected to be increased to $1 billion by 2016 as per previously announced proposed amendments).

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