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  • Article

    Notification Obligations Under The Investment Canada Act For Foreign Lenders

    Until 2009, such transactions were entirely exempt from the Act.
    CanadaGovernment, Public Sector
    Fasken
    Fasken
  • Article

    Significant National Security Amendments Coming To The Investment Canada Act

    Canada's Minister of Innovation, Science and Industry (the Minister) recently announced significant legislative reforms to the Investment Canada Act (the Act) to bolster national security reviews.
    CanadaGovernment, Public Sector
    Torys
    Torys
  • Article

    Strengthening Canada's National Security Review Regime

    Foreign investment review in Canada, like in many other jurisdictions, is increasingly emphasizing national security considerations, including economic security.
    CanadaGovernment, Public Sector
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Canada May Be One Of The Best Investment Bets For EU Members

    Although many countries have opted for protectionism, Canada has shown a growing interest in attracting foreign direct investment.
    CanadaInternational Law
    TMF Group BV
    TMF Group BV
  • Article

    Investment Canada Act and Foreign Investment Review Policies

    A number of commentators have noted that Canadian restrictions on foreign investments may in fact be hampering Canada’s growth. It would appear that the federal government agrees, and plans to take action accordingly.
    CanadaInternational Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Dealing With Non-Resident Companies

    The strength and stability of Canada’s economy continues to attract foreign investment, including our commercial and residential real estate sectors.
    CanadaReal Estate and Construction
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Modest Steps To Reform Canada’s Foreign Investment Review Process

    On March 30 of this year, in response to a question about whether the Canadian government would permit a takeover of Blackberry maker Research In Motion
    CanadaStrategy
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Unfinished Business: Industry Minister Heralds Higher Review Threshold For Foreign Investments

    The Canadian Government is again addressing "unfinished business" relating to the Investment Canada Act (the ICA) following closely on the heels of its announcement last month of amendments permitting the disclosure of notices of, and reasons for, provisional rejections of foreign investments as well as security for payment of penalties for failure to comply with undertakings.
    CanadaStrategy
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Proposed Regulations Make It Easier For Controlled Entities Of Foreign Governments To Access The Benefits Of Section 892 Of The Code

    On November 3, 2011 the U.S. Internal Revenue Service (the "Service") published proposed regulations (the "Proposed Regulations") under Section 892 of the U.S. Internal Revenue Code (the "Code"). Section 892 of the Code generally exempts foreign governments and their controlled entities
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Income Trusts—A Maturing Capital Markets Sector

    In the past two years, the income trust has developed into an extremely widespread and versatile vehicle for acquiring and repackaging an increasingly diverse range of businesses in an effort to maximize value. A widely cited statistic for 2002 is that almost 90% of Canadian initial public offerings in that year were made through income trusts, with roughly 45 businesses effectively being sold to the public through income trust offerings. As of early September, 2003, activity remained strong, wi
    CanadaCorporate/Commercial Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Canadian Government's Proposed Extension Of Time Limits Has Implications For ICA's National Security Review Process

    The federal government has published a draft legislative proposal that would allow for the extension of certain legislative time limits and other periods due to COVID-19.
    CanadaGovernment, Public Sector
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Canadian Government Provides Information On Use Of National Security Review Power In Connection With Foreign Investments

    On August 4, 2016, as part of its annual report on the Investment Canada Act for fiscal year 2015–16, the Canadian government disclosed, for the first time, high level information on its use of the Act's national security...
    CanadaGovernment, Public Sector
    Gowling WLG
    Gowling WLG
  • Article

    Proposed Amendments To The Investment Canada Act's National Security Provisions

    On December 7, 2022, the Canadian government tabled Bill C-34: An Act to amend the Investment Canada Act (the "Proposed Amendments"), which would mark the first significant legislative changes...
    CanadaGovernment, Public Sector
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Voluntary National Security Notifications Now Permitted Under The Investment Canada Act

    On August 2, 2022, the Canadian government amended the National Security Review of Investments Regulations (the "National Security Regulations") under the Investment Canada Act (the "Act") to...
    CanadaGovernment, Public Sector
    Burnet, Duckworth & Palmer LLP
    Burnet, Duckworth & Palmer LLP
  • Article

    Direct Investment In Canadian Real Estate

    A U.S. taxpayer (UST) making an investment in Canadian real estate is faced with the decision of direct ownership (or through a U.S. entity) or interposing a Canadian entity. Direct ownership can, in some instances, provide certain Canadian tax advantages as outlined below, compared to using a Canadian corporation.
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Canada Bets On New Tax Proposals To Generate Investment: Go Big Or Go North

    Canada's Prime Minister Mark Carney has unveiled the "Productivity Mega Deduction," a permanent tax measure providing immediate 100% write-offs for approximately 65% of business assets, positioning Canada's marginal effective tax rate on new business investment at 6.4% - the lowest among major economies. Alongside this initiative, the Canada Revenue Agency will now prioritize advance income tax rulings for investments exceeding $1 billion, aiming to deliver decisions within 90 business days to accelerate ma
    CanadaTax
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    The Deferral of the Gain!!! Article XIII(8) of the Canada-U.S. Tax Convention What It Was Then And What It Is Now

    In 2005, foreign direct investment in Canada rose $10.0 billion to $398.4 billion at the end of the fourth quarter. This increase came mostly from acquisitions of Canadian firms by foreign investors and largely from overseas countries.
    CanadaTax
    Gowling WLG
    Gowling WLG
  • Article

    Canadian Competition Law And Foreign Investment: Top 5 Things To Watch For In 2019

    A new Commissioner of Competition (Commissioner) is expected to be appointed in the first half of 2019.
    CanadaAntitrust/Competition Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Competition Bureau Challenges B.C .Landfill Merger

    Yesterday, the Commissioner of Competition challenged the completed acquisition by CCS Corporation (CCS) of Complete Environmental Inc. (Complete).
    CanadaAntitrust/Competition Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Competition Bureau Continues Enforcement Against Restrictive Covenants In Grocery Leases

    The Competition Bureau announced yesterday that it has entered into an agreement with Empire Company (the parent company of Sobeys, IGA and others grocery chains) to remove a ‘property control.x
    CanadaAntitrust/Competition Law
    Goodmans LLP
    Goodmans LLP

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