44th Parl. 1st Sess.
November 6, 2023 11:00AM
Madam Speaker, I rise today to take part in the debate on Bill C-34, an act to amend the Investment Canada Act. Bill C-34 attempts to update and strengthen the Investment Canada Act through seven significant amendments. Mainly, these changes to the act aim to protect Canada's national security with stricter regulations and higher penalties. Why does the government feel we need this bill? Here is a little background and some timelines.
In the Prime Minister's December 2021 mandate letter to the industry minister, he asked the minister to:
Contribute to broader efforts to promote economic security and combat foreign interference by reviewing and modernizing the Investment Canada Act to strengthen the national security review process and better identify and mitigate economic security threats from foreign investment.
In essence, this bill would give the industry minister more time and authority to assess foreign transactions that might compromise national security by removing the Governor in Council from the initial process while also making penalties more severe for violating the Investment Canada Act.
Why, again, is this bill needed? Well, in 2017, the minister of industry failed to request a full national security review of the acquisition of B.C.-based telecommunications company Norsat International and its subsidiary Sinclair Technologies by China-based Hytera Communications, which is partially owned by the People's Republic of China. In 2020, the Department of Foreign Affairs awarded a contract to China-based Nuctech, founded by the son of a former Chinese Communist Party secretary general, to supply X-ray equipment to 170 of Canada's embassies and consulates.
In response to some of these failures, in March 2021, the industry minister updated and enhanced guidelines for national security reviews for transactions involving critical minerals and state-owned enterprises. However, in January 2022, the same minister failed to follow his own guidelines when he fast-tracked the takeover of Canadian lithium company Neo Lithium Corp. by Chinese state-owned Zijin Mining without a national security review. In November 2022, the minister then ordered three Chinese companies to divest their ownership of three critical mineral firms, but not included was the previously approved acquisition of Neo Lithium. One cannot make this stuff up.
In December 2022, the RCMP awarded a contract to supply sensitive hardware for its communications system to Sinclair Technologies, formerly a Canadian-owned company, which is a wholly owned subsidiary of Norsat International. Norsat, founded and based in Richmond, B.C., itself was acquired by Hytera Communications. Hytera, headquartered in Shenzhen, China, is partially owned by the People's Republic of China and is a major supplier to China's public security ministry. It was also revealed in December 2022 that in 2017 the Canada Border Services Agency had been using communications equipment and technology from Hytera Communications, which worked with Canadian company Canquest Communications to supply the Hytera equipment.
Hytera has been charged with 21 counts of espionage in the U.S. and banned by President Biden from doing business in the U.S. When and if this bill passes, the government would need to come forward with regulations to identify the prescribed business sectors in which enhanced review processes would take place. These sensitive business sectors would be decided upon through regulation. However, it is expected these sectors would feature aerospace, defence, artificial intelligence, biotechnology, energy generation and medical technology.
After eight years of this Liberal Prime Minister, numerous foreign state-owned enterprises have acquired interest and control in many Canadian companies, intellectual property and intangible assets, and the data of our citizens. The government is doing little, too late to protect our national economic and security interests with this bill. Liberals do not take sensitive transactions seriously and have failed to fully review transactions involving Chinese state-owned enterprises, putting the security and material interests of Canadians and the government at risk while Conservatives have continually pressed the government to ensure that appropriate national security reviews are conducted on Chinese state enterprises. While we do agree with the general principle of this bill, we have also flagged issues in which this bill does not go far enough to address the risks faced by Canadians.
That is why at committee, Conservatives found opportunities to strengthen this bill. We actually found 14 opportunities. We put forward 14 amendments aimed at providing a far more rigorous review process of acquisitions and investments involving foreign state-owned enterprises. Unfortunately, the NDP-Liberal government rejected 10 notable Conservative improvements to this legislation, but we still managed to fight hard to get four amendments passed.
The four Conservative amendments that passed accomplished some changes. We reduced the threshold to trigger a national security review for all state-owned enterprises from $512 million in asset value to zero and, for countries not listed as trade agreement investors, we ensured all investments made by state-owned enterprises would be reviewable. We also implemented a requirement for the minister to review any investments or acquisitions made in Canada that exceed $1.9 billion in enterprise value instead of being an option.
These changes would be positive for Canadian industry, Canadian workers and our national interest, but Conservatives still see room for improvement in this bill. We will continue to work to improve Bill C-34 even further by working to delete clause 15, which would remove the mandatory consultations with cabinet in determining whether an investment is a threat to Canada's national security. This change would be problematic, given the number of state-owned enterprises made in Canada over the past eight years that have not undergone a security review as a result of decisions made by past industry ministers.
By removing cabinet from the process, decisions over whether an investment is considered injurious would receive less debate and scrutiny. By removing clause 15 from the bill, the language would revert to the act's current text, thus making all security review decisions reviewable by cabinet and not just by the ministers of industry and public safety.
After eight years of the Liberal government, numerous foreign state-owned enterprises have acquired interest and control in many Canadian companies, intellectual property, intangible assets and the data of our citizens, all under their watch. More needs to be done to protect Canadian interests and Conservatives will continue to work hard to achieve this.
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Madam Speaker, during the whole committee process of reviewing the bill, and this is why we are debating it at report stage, my Conservative colleagues on the committee proposed 14 amendments to improve this legislation, to improve the security and scrutiny that takes place with foreign-controlled enterprises that are looking to take over Canadian companies and the impact it has on workers in this country. Unfortunately, only four of those amendments passed.
Conservatives are looking to create situations where we can improve this legislation. We are hopeful that we can get additional changes made, including the removal of clause 15 to ensure mandatory consultations with cabinet in determining whether an investment is a threat to Canada's national security.
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Madam Speaker, my understanding is that the amendment we proposed at committee would have allowed for a takeover by any foreign hostile country to be reviewed immediately. That would have been looked at.
It is again the whole notion of removing the mandatory cabinet review on national security issues. Does the member not feel that those members from the Quebec caucus who are members of cabinet should not have the right to review such sensitive information and sensitive matters when those decisions are being made in Canada?
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Madam Speaker, I agree with the member's comments. On this side of the House, we are disappointed in the government for bringing forward time allocation.
There are chances to improve this legislation. We put 14 amendments forward, and only four were accepted. We still have concerns that we would like addressed to ensure that this bill is better, better for all Canadians. That should be the priority of everyone in the House.
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