Category: Foreign Investment

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TPP and Foreign Investment Review: Canada Agrees to Increase ICA Threshold to C$1.5-Billion

November 9, 2015

The Trans-Pacific Partnership (TPP) was concluded on October 5, 2015, and the text was released to the public on November 5, 2015. The TPP is an ambitious free trade agreement between 12 countries in the Asia-Pacific region including Canada, the United States, Australia, Brunei Darussalam, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. Among its 30 chapters, the…

Canada’s New Political Landscape: Implications for Competition Law and Foreign Investment Review

October 20, 2015

“We are always open to global investment in a way that respects and defends Canadian interests, and that is the approach we will take on foreign trade and foreign investments.” — Prime Minister-designate Justin Trudeau, 2015 After an unprecedented 78-day election campaign, the Canadian federal election results were announced late in the night of October 19. Canadians awoke to a new prime minister-designate and…

2015 Federal Budget Highlights Recent Changes to Competition and Foreign Investment Policy

April 22, 2015

Finance Minister Joe Oliver tabled the 2015 federal budget before the House of Commons on April 21, 2015. The budget highlighted recent policy changes in competition law and foreign investment review, including new powers for the Competition Bureau to investigate cross-border price gaps and new thresholds for World Trade Organization (WTO) investors under the Investment Canada Act. INVESTIGATING CROSS-BORDER PRICE…

New Investment Canada Act Thresholds and National Security Review Periods

March 26, 2015

The Canadian government has adopted new regulations and implementing orders that: significantly alter the existing review thresholds under the Investment Canada Act (ICA) for most investors require additional information in ICA notification and application forms extend the potential time periods for a national security review under the ICA. The first two noted amendments will come into effect on April 24,…

Merger Notification and Foreign Investment Review Thresholds Revised Upward for 2015

February 2, 2015

On February 2, 2015, the Competition Bureau announced an increase in the notifiable transaction-size threshold to C$86-million, a modest increase from the 2014 C$82-million threshold. The pre-merger notification transaction-size threshold is reviewed annually in accordance with the indexing mechanism set out in the CanadianCompetition Act to reflect changes in Canada’s gross domestic product. This new threshold for 2015 will come…

Foreign Investment in Canada: Lessons from the U.S. Steel Case

December 15, 2011

​Foreign investors often have to give undertakings or binding commitments to the Canadian federal government when they acquire a Canadian business in order to secure regulatory approval under the Investment Canada Act (ICA). These undertakings can include maintaining employment and production levels and commitments to future capital expenditures, among other assurances. A recently concluded case, United States Steel Corporation v….

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