44th Parl. 1st Sess.
February 6, 2023 11:00AM
Madam Speaker, today I rise to speak to Bill C-34, an act to amend the Investment Canada Act.
Bill C-34 implements a set of amendments to improve the national security review process of foreign investments and modernize the Investment Canada Act. Collectively, these amendments represent the most significant legislative update of the ICA since 2009.
These amendments would also ensure that Canada's review process is consistent with those of our allies. This consistency is something that business owners and stakeholders within the riding of Waterloo have also spoken to me about. It is something that is important to them, as Canada is a trading nation and being aligned with our allies is something of importance.
Canada has a long-standing reputation for welcoming foreign investments and a strong framework to promote trade, while advancing Canadian interests. In fact, Canada has one of the earliest and most robust screening processes for foreign investments in the world.
For some history, the Investment Canada Act was enacted 38 years ago in 1985, to encourage investment in Canada that contributes to economic growth and employment opportunities. The act allows the government to review significant foreign investments to ensure that these benefits exist. The act was updated in 2009 to include a framework for a national security review of foreign direct investments. Since then, and for the longest time, the ICA has been one of the only pieces of legislation in the world that provides a reviewing mechanism for the net benefit and national security threats of foreign direct investments.
It is clear that the federal government has long played a leadership role in setting a framework for investment review that attracts needed positive foreign direct investments without compromising on national security. However, the world looks a lot different now than it did in 2009. The global market has rapidly changed along with shifting geopolitical threats. Canada is growing and our interactions with the rest of the world are changing.
The government has seen a rise in state-sponsored threat activities from hostile state and non-state actors. They are attracted by Canada's technologically advanced open economy and world-class research community. This is something we know very well in the riding and region of Waterloo.
The level of sophistication of these threats has also increased. Hostile state and non-state actors are deliberately pursuing strategies to acquire goods, technologies and intellectual property through foreign investments that could damage Canada's economy and undermine national security while possibly controlling the supply chains of critical goods. These concerns are real and are why debating and advancing legislation is necessary.
The COVID-19 pandemic has created additional vulnerabilities that could lead to opportunistic and potentially harmful investment behaviour by foreign investors. In response, the government has taken swift, concrete action to enhance scrutiny on inbound investments related to public health and critical goods and services. The government has again taken action recently by enhancing scrutiny on investments involved in sensitive goods and technology, such as critical minerals, critical infrastructure and sensitive personal data.
Through these investments, the government is prepared to once again take action to strengthen the national security review, while allowing for positive foreign investments. Canada is a trading nation and we work with international allies. The reality is that economic-based threats to national security are an area of increasing concern, not just for Canada but for our allies as well.
Other jurisdictions internationally are moving in response to the shifting geopolitical threats either by amending or by putting in place new investment screening regimes. Our action is needed to bring Canada into greater alignment with our international partners and allies. For example, I understand that Australia has updated its laws on foreign direct investment. It made a prominent change by introducing authorities to protect national security in January 2021. These include fresh powers for the Australian government to require mandatory notification for transactions involving a national security business before the transactions are closed.
Additionally, the United Kingdom introduced a new stand-alone regime on national security and investment in January 2021. The act creates, for the first time in the U.K., a mandatory obligation to secure clearance for transactions that acquire control of a business in around 17 specified and sensitive sectors before they are completed.
The U.K. has also introduced legislation that allows the government to impose interim orders while the review is being conducted, preventing foreign investors from obtaining confidential information or accessing sensitive sites or assets until the review is complete.
Our cousin to the south, the United States of America, overhauled its foreign direct investment laws in 2018. The amendments added new types of transactions subject to government review and, for the first time ever, mandated notification of transactions involved in critical technologies, certain critical infrastructures or sensitive personal data of American citizens. New regulations fully implementing the act took effect in February 2020.
The proposed amendments in Bill C-34 would address the concerns we have heard from Canadians and which have been echoed by our allies. The proposed amendments in Bill C-34 would address these concerns by introducing new preimplementation filing requirements for specified investments, as well as the power to implement interim conditions during national security review of the investment.
This would provide Canada with the new governance capacity to address the increasingly complex threat landscape. Bill C-34 would also ensure that Canada's foreign direct investments screening regime remains world-leading.
As I have shared, Canada and our allies share similar national and economic security concerns. They are concerned with threat actors acting and operating in multiple jurisdictions to secure a monopoly in critical assets and technology.
It is becoming increasingly important to share information with allies and support national security assessments to prevent these threats from happening.
Previously, the minister had limited capacity to share case-specific information with international allies. Bill C-34 would introduce the authority for more threat information sharing by the minister with international counterparts for national security reviews.
This could help both Canada and our partners defend against an investor who may be active simultaneously in several jurisdictions and be seeking same sensitive technology or critical assets.
For example, the amendment would allow the minister to reach out to a foreign partner and disclose information about the investor to gain additional information and to support Canada's own national security assessment. That said, Canada would not be obligated to share such information where there are confidentiality or other concerns.
There is never a shortage of critics, but this legislation is about making sure that Canada welcomes foreign investment and trade that encourages economic growth, innovation and employment opportunities in Canada for Canadians.
I believe that this approach is pragmatic and principled, and provides a coherent and solid framework to address evolving geopolitical threats while allowing Canada's review regime to be more aligned with our international allies. If there are ways to make this legislation better, I believe we have the opportunity now to work together to make that happen.
We are currently at second reading. This legislation is being debated in the House. To see it go to committee where it can be further scrutinized, where witnesses can attend and appear and amendments can be made, would really allow for this legislation to work for more of the Canadian economy.
With Bill C-34, Canada would continue to encourage positive investments without compromising national security. I think it is really good that this legislation is being debated as a stand-alone piece of legislation, where we actually can get into the details of what would work better, because it is important we have legislation that promotes and supports foreign investment but also makes sure we do not compromise national security.
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Madam Speaker, I want to commend the speech given by the member opposite in support of Bill C‑34, which gives the Minister of Innovation, Science and Industry a little bit more power to review foreign investments. That in itself will be good for national security. However, I do not think we should limit ourselves to national security, but rather, I think other criteria should be added for reviewing an investment.
On the subject of investment review, my colleague across the aisle used to be a cabinet minister in this government, and I remember one particular case at that time, the sale of Rona, that required a government review. Before authorizing the sale, the net benefit had to be reviewed. It was not a matter of national security, but the net benefit still had to be reviewed.
We submitted an access to information request to find out the contents of that mysterious net benefit review. The response that came back was that there was no documentation that corresponded to our request.
I cannot help but wonder whether this government's reviews really are all that rigorous, or are they done based on the weather forecast or a coin toss.
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Madam Speaker, when I look at the legislation, I see the modernization of an act that would provide better transparency.
We have seen a great deal of investment over the years. The Minister of Innovation, Science and Industry talked about some significant investments in just the last number of weeks. The member referred to the battery industry and its potential growth, as well as how Canada is actually leading many other countries. I believe it is somewhere around number two or three in the world.
There are many investors who want to continue to come to Canada. Could the member reflect on the potential of some of those industries and why it is so important that we modernize the legislation to provide more clarity?
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Madam Speaker, I listened intently to my colleague's speech. He had a lot to say about China, and rightly so, in my opinion. I think we should all be concerned about China's actions and its investments, which do not always comply with our laws.
However, not all investment is from China. Many other countries invest. Under the Investment Canada Act, which is what we are debating today, when a major investment is made in Canada, the minister has to review it and determine whether it is of net benefit to Canada. There are both national security and net benefit to Canada considerations.
In 2021-22, over 1,200 notifications of investment were received, which is a lot. Only eight of those—less than 1%—were reviewed. The government has a rose-coloured view of the situation and is not doing its job.
What are my colleague's thoughts on that?
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Madam Speaker, I agree 100%. In my speech, I mentioned lowering the thresholds, and we should probably be looking at most investments.
Most importantly, Canada needs to be proactive. We need to look at acquiring and attracting investments. We want investment in Canada. My speech focused on wanting Canadians and Canadian companies to benefit, and they do benefit from international investment. They benefit as long as there is investment in Canadian companies that will grow and stay in Canada and we protect the IP that is here.
Certainly, I agree with the member on lowering thresholds. We should look at almost all investments that come to Canada because we should be in control of those investments. If Canada is going to grow and prosper, we are also attracting investment in Canada. This means that we know where the investments need to go. It means making sure that those Canadian companies, that IP, stays in Canada and that Canadian companies are growing here in Canada.
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Madam Speaker, I am glad to see you back in the chair as well.
I want to start by thanking my constituents for giving me the great privilege of being able to rise in the House to speak on their behalf to the issues they are concerned with these days. To the constituents back home, the debate today is on Bill C-34, which is amendments to, although the government calls it the modernization of, the Investment Canada Act. The specific name given in the bill is the national security review of investments modernization act. For everything that is wonderful, it seems the government will always call it “modernization”.
Maybe I will take a different tack than other members have taken. I find that for every piece of legislation, whether it is Liberal, Conservative or a private member's bill, it is the moment it is tabled and the events that lead up to it that are important. This particular piece of legislation, let us to be serious, is about the People's Republic of China and state-owned investments being made in Canada, whether those are investments that contravene our national security interests or investments that, in the long term, are not in the interest of the Canadian economy or the Canadian worker.
We have seen the experience of other countries all across the world over the last two decades, since the People's Republic of China was allowed to enter the WTO, and that relationship has changed the world economy. I believe this is a response to the behaviours of the government of Beijing over the last two decades.
Madam Speaker, we were in the United Kingdom, in London recently, and we met with individuals who spoke about the general relationships the United Kingdom has. I had the great honour to return to the Palace of Westminster to hear from Alicia Kearns, chair of the foreign affairs committee in the United Kingdom. There was a long meeting held about the British business relationship with the People's Republic of China.
It was fascinating to hear experts in the field describe not only the pros, the cons, and the pitfalls for British businesses having to share their IP and technology, but also the footprint of their businesses and the exchange of workers that go and back. Some of these workers from the different provinces in China would eventually want to stay in the United Kingdom. They would be applying with and leaving to go to competitors. They talked about the long term, and the three stools of relationships, which are government to government, business to business, and people to people, and how all three are incredibly important.
In describing Canada's relationship, as the Canadian government, businesses in Canada and the people of Canada, I think our relationship with Beijing could be defined as broken at the government level, the business level and the people-to-people level.
I have a Yiddish proverb. Members know I really like them.
[Member spoke in Yiddish]
[English]
The proverb means, “The match was a success; they were broke inside of six months.”
Although the timeline is different in this particular situation, over the last six, seven, eight years, we have seen a broken relationship. There was an attempt by the Liberal government to negotiate a memorandum of understanding for a free trade deal with Beijing. That fell apart completely.
We basically had a freezing of the relationship while Canada dealt with the Meng Wanzhou case in Canada, and the Government of China held two of our citizens for no good cause. It was hostage diplomacy. One thing I heard repeatedly when I was in the United Kingdom, shared to me by both lords and ladies, and by members of their Parliament, was that it is also incumbent upon Beijing to watch the language that they use in international diplomacy.
It is not just incumbent upon us to raise issues of human rights, which are incredibly important to the people of Canada, and people in my riding as well, to that business relationship. There is an effect when politicians raise issues of human rights and that has a direct impact on business interest in China. I know in the case of Alberta, we export a lot of agricultural goods. Chinese companies are amazing purchasers of things such as canola, pork, lentils and other products that western farmers love to produce, and it is a great market for agricultural products. I do not represent an agricultural riding, but it has an impact on my riding as well, because many people who live in my riding have family members who continue to farm on their operations.
The events that have led to this today go beyond just the balloon drama that we have had over the last few days, and I know we all like to make jokes about it. We have all had enough puns.
I think the last review for the Investment Canada Act was around 2009, but let us look at the behaviour of the Government of Beijing. Right now, 47 of the most prominent pro-democracy activists, legislators and people who are interested in protecting the civic institutions of the city of Hong Kong, are on trial. The largest trial of democracy activists in Hong Kong's history is being held right now, and it does not look very positive for them. I hope the trial will go their way, but I am not very confident.
We have an amazing relationship with the people and the Government of Taiwan. The senior Taiwanese opposition leader, the vice-chairman of the Kuomintang, or the KMT, Andrew Hsia, is right now leading a delegation to Beijing's office dealing with Taiwan relations. That is happening as we speak.
In the United Kingdom, there is a semiconductor company called IQE, which is the acronym for its name. It happens to be in Wales, and as the Speaker would know, we were in Cardiff as well. The company is informing the government that, because of the delays in reaching a strategy on semiconductors in the United Kingdom, it might move out.
That is not unheard of. It is something that is happening across all western economies right now as businesses are seeking opportunities from foreign investors to help build a plant, finance their operations and manufacture goods. They are having to review where the funding is coming from and what kinds of strings are attached to it. That is what I see in this piece of legislation.
Although different members have mentioned that there are shortcomings, and the member for South Shore—St. Margarets itemized a list of concerns that Conservatives have with this particular piece of legislation, I think there are opportunities. Reuters very recently noted the fact that this Parliament has now called for the resettlement of Uighurs, particularly those who are facing a genocide in China, perpetrated by the Government of Beijing in the Xinjiang region, which will now be resettling them.
That will also have an impact on the business-to-business relationships, because the government in Beijing considers any mention of it, by any parliament or government, as worthy of retribution. Typically, it is business retribution. I am sure that, if I applied today for a business or tourist visa to go to mainland China, I would very likely have it refused, and I accept that.
Bloomberg recently reported that aluminum products that are entering the United States are being detained at the border because they are suspected of being connected to forced labour in the Xinjiang province.
Just last week, the member for Dufferin—Caledon had an Order Paper question come back to him from the Government of Canada saying that it has seized zero products in Canada related to forced labour in one particular province in the People's Republic of China, while the United States' government has been seizing hundreds of millions of dollars' worth of goods because it has evidence they were produced illegally using forced labour.
Another recent event I will bring up is that President Xi has called for more efforts to accelerate the establishment of a new pattern of development. This has been reported by the Xinhua state news agency. Its focus is on dual circulation, security and self-reliance.
With respect to the piece of legislation we are considering here, and I support sending it to committee to do further reviews, I do not think we should kid ourselves. This is indeed about the People's Republic of China. It is about the Government of Beijing, its behaviour in other countries, and what it might intend to do in Canada or has done in the past.
In the last election, at a minimum, we called for the automatic review of transactions that involved sensitive security sectors, such as defence, artificial intelligence and rare earth minerals. That is what a committee of Parliament should do, review what other sectors or economies should be reviewed. I think that, with respect to all state-owned entities that come from mainland China, we should set the bar at zero. They should automatically be reviewed. I am not worried about state-owned companies from the Republic of France or the Republic of Poland, but I am concerned about the People's Republic of China and its direct control of state-owned companies.
While we have a broken relationship, as I referred to in my Yiddish proverb, there is a relationship that we have brought to this point. That is not entirely the fault of the Canadian government. The Government of Beijing held two of our citizens hostage, and there are consequences to every action. I consider Bill C-34 part of the consequences that must be put on that government for the genocide of the Uighurs; the bad relationship it has developed with our people, our government and our businesses; and lastly, for engaging in hostile diplomacy and holding the two Michaels hostage.
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Madam Speaker, I have had the opportunity to get to know the minister over the last number of years, and I know the NDP's critic referred to the NDP having a series of amendments. My suggestion to the member and the NDP would be that they sit down with the minister or the minister's staff and share with them what their concerns are to see if in fact some of those perceived or real loopholes can be addressed.
At the end of the day, I like to think that the people coming from abroad to invest in Canada are being watched over, at least in good part, so that Canada is a net beneficiary of that investment.
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Madam Speaker, this is important legislation. It gives us a chance to talk about the way in which so-called investors in Canada have an impact on our economy.
We saw foreign direct investment take off back in 2006, believe it or not. It was 2006 when Stephen Harper broke his promise that there would never be taxes on investor trusts. That ended up having the effect of causing a lot of foreign takeovers of Canadian companies. Then investment trusts got taxed and a lot of Canadian investors lost out. A lot of them still remember that change in election promise.
I mention that because when we speak of investors, quite often they are mercenary. They are coming in and buying up Canadian companies when they get the chance, and what they increasingly bring to Canada are security threats. That is in relation to the takeover of many Canadian enterprises by companies controlled by the People's Republic of China. They are protected by another move in the Harper era: the Foreign Investment Promotion and Protection Agreement with the People's Republic of China. It did not expand to trade for Canada into China. It just protected Chinese investors in Canada from regulations they would not like.
All of that is to say that this is important legislation, but does the parliamentary secretary not think it is time to think about more investment by Canadians in Canadian enterprises and not being so very welcoming to foreign investors?
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Madam Speaker, Canada has billions of dollars' worth of foreign investment coming into the country, and the member would know full well that billions of dollars leave Canada to be invested around the world. I would like to think that given the billions of dollars leaving the country, maybe we could revisit the issue and look at investing here in Canada.
At the end of the day, I truly believe that we need to modernize legislation, which the minister proposed in Bill C-34. It should allow for not only more investment but a healthier system. A healthier system that provides more stability not only would attract more foreign investment, but would, I would like to think, keep a lot of the dollars already in Canada invested in Canada.
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Madam Speaker, I noted that during his speech, the member talked about the security of our economy. Right now, under the legislation, foreign investment review is triggered only when the assets of a Canadian corporation are at least $454 million.
I wonder if the member would agree that, given the nature of security threats and foreign acquisitions by hostile governments, it would be better to have that threshold at zero dollars.
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Madam Speaker, I congratulate my colleague from Louis‑Saint‑Laurent on his excellent speech. It was quite interesting and very intellectually stimulating. It is a pleasure to listen to that kind of speech.
I would like to go back to the issue of the net benefit analysis. I think my colleague mentioned this in his speech. In the Investment Canada Act, there is a review threshold that seems to go up almost like clockwork each year, sometimes even faster than inflation.
For example, in 2015, the review threshold was $369 million. If we look at this year's figures, we see that the review threshold for countries with which we do not have an economic agreement, to use the lowest figure, hit $1.3 billion. This means that the government does not even look at the file when a company is purchased for less than $1.3 billion. These transactions are just rubber-stamped.
Let me name a few companies that are in this situation. Héroux-Devtek has a market value of $560 million. Lassonde Industries has a market value of $800 million, which means it still passes under the radar. Cascades has a market value of $909 million, and TC Transcontinental has a market value of $1.3 billion, which puts it right on the edge of passing under the radar. No one knows for sure. Resolute Forest Products, which has a market value of $1.6 billion, would fall below the second threshold, which is $1.9 billion for countries with which there is a trade agreement.
I would like to know if my colleague from Louis-Hébert thinks it is acceptable that the thresholds are so high, and that companies that are so important to our economy are not even subject to a review in the event of an acquisition.
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Madam Speaker, I listened to the speech given by my Liberal colleague. He said that it was important to give the minister more powers to review foreign investments. I concur. More powers and further review are necessary, but I wonder what the government is doing with this power once acquired.
I clearly remember a case, in 2016, because it happened in my riding. Rona, a very important Quebec-based chain, was sold for $3.2 billon. We filed an access to information request to determine the rationale for the government's review under the Investment Canada Act. There were no documents, no studies, nothing.
Can the member opposite explain why the government, which wants new powers, is not using the powers it has and is not fulfilling its role when it reviews potential investments?
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