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House Hansard - 250

44th Parl. 1st Sess.
November 9, 2023 10:00AM
  • Nov/9/23 10:38:35 a.m.
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  • Re: Bill C-34 
moved that Bill C-34, an act to amend the Investment Canada Act, be read the third time and passed.
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  • Nov/9/23 10:38:35 a.m.
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  • Re: Bill C-34 
Madam Speaker, it is great to take the floor in the most honourable House to speak to a very important topic, Bill C-34, the Investment Canada Act modernization. Before I get into my formal remarks, perhaps it is a coincidence, although I do not think so, that this morning the OECD released its foreign direct investment numbers, and Bill C-34 deals with foreign entities investing in Canada, Canadians and our communities. Canada came third in the OECD ranking for the first half of 2023. First is the United States, then Brazil, ourselves and Mexico. I think that speaks not only to the confidence of foreign entities, companies and corporations investing in Canada, creating jobs, wealth and great futures for Canadians, but also to what I would say is the idea that confident governments invest in their people and their communities. That is something we, as a government, have done since 2015 with respect to the Canada child benefit, the Canada workers benefit, the implementation of an early learning and national day care plan, the support for students by eliminating interest on student debt, and the two middle-income tax cuts: the first in 2015 from 22% to 20.5%, with roughly $3 billion to $4 billion a year, depending on tax filings, in savings for Canadians, and raising the basic personal expenditure amount to $15,000, which in the fiscal year 2024-25 will deliver over $6 billion in savings for Canadians from coast to coast to coast. Confident governments invest in Canadians and Canadian communities. I am grateful to hon. members, my esteemed colleagues, for giving me the opportunity to speak to Bill C-34, an act to amend the Investment Canada Act. So far, the House of Commons has voted unanimously in favour of these objectives. The bill has been thoroughly studied by the members of the Standing Committee on Industry and Technology. We encourage the House to send this bill to the Senate for consideration. Everyone already knows that this legislation plays an important role in our economy and helps make Canada a destination of choice for foreign investment. Foreign investment in Canada is booming. We have seen it in the auto sector, the mining sector, the food processing sector, the agriculture sector and so many sectors across this country, because Canada is a destination of choice for foreign investment. It creates jobs. It creates futures. The act helps create business-friendly conditions based on a stable and clear set of regulations. We need a stable and clear system in place to attract foreign investment, and Bill C-34 would do exactly that. The act encourages economic growth and employment. It provides for intervention only if an investment is potentially harmful to Canada's national security, but it also permits quick action and judgments as circumstances warrant. That is what we intend to accomplish through the amendments made by Bill C‑34. The time has clearly come to modernize the Investment Canada Act and bring it in line with the times. Our industries are still some of the most dynamic in the world. However, Canada is confronting unprecedented geostrategic and national security challenges. Indeed, Canada remains a destination of choice for foreign investment. It continues to grow and to create good middle-class jobs from coast to coast to coast. This investment helps businesses prosper and grow, creates good-paying jobs and ensures strong economic growth that benefits all Canadians. Canada has a long-standing reputation for welcoming foreign investment 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 direct investments. The Investment Canada Act, the ICA, was enacted 38 years ago, in 1985. The act allowed the government to review significant foreign investments to ensure that these benefits exist. It was updated in 2009 to include a framework for a national security review of foreign direct investments. The world in which Canada now operates is increasingly characterized by the complexity of linkages between economic competition and the geostrategic clashes. We see it on a daily basis. Globalization has brought new threats to Canada's national and economic security, but of course many benefits also. Canada must have the tools and resources to protect its assets from economic threats to national security when those are deemed so. The Investment Canada Act must, therefore, also continually adapt to these considerations. The complexity of these dynamics can be seen in the increased volume of activity under the act in recent years. Indeed, there have been more national security reviews since 2020 than in the entire previous decade. The review process is also increasingly complex as international transactions and ownership structures are increasingly becoming more complicated and, in some locations, more opaque. The proposed modernization of the Investment Canada Act is designed to make the review process more efficient and transparent. Bill C-34 sets out a series of amendments to improve the national security review process of foreign investments and to modernize the Investment Canada Act. Collectively, these amendments would be the most significant legislative update of the act since 2019. These amendments also represent one of the multiple steps the government has taken to ensure that we can defend our economic interests, contribute to global supply chain resiliency and protect our national security. This, in turn, would help us to attract stronger partnerships with our allies to foster economic growth. A stronger foreign investment regime attracts good, beneficial investments into Canada, ones that would create high-quality jobs and opportunities for all Canadians. We have seen this with the $7-billion investment by Volkswagen and the multi-billion dollar investment by Stellantis. We see it with Honda and Toyota, in Alliston and Cambridge, where they continue to invest hundreds of millions of dollars, and billions of dollars initially, in creating quality good-paying jobs for Canadians here in the province of Ontario, with a supply chain that stretches from coast to coast. Defending our economic interests and protecting our national security interests are of critical importance, especially in the current climate of rapidly shifting geopolitical threats. This issue is a non-partisan one. During the six sitting days that Bill C-34 was debated, the House has repeatedly stressed the need to modern the ICA to achieve those objectives. The House ultimately decided, in a unanimous vote, to refer the bill for study, because we all recognized how important it was to get these amendments right so we can protect national security while ensuring that we are not chilling useful, good investment. Canada's foreign investment regime must adapt to the speed of innovation, which we know moves very quickly these days. In recent years, intangible assets in the knowledge economy, like intellectual property and data, have grown in importance in defining Canada's economic strengths and, at the same time, pose new challenges in terms of how these are to be managed in order to ensure that the benefits occur to Canada and Canadians. The government recognizes the value of the intangible economy, its growth and the relevant opportunities for all Canadians, particularly in artificial intelligence and intellectual property. These new innovations are driving new ways of doing business, with huge opportunities for Canadians. The government will support this growth as it helps drive Canada's economy and supports highly skilled, good-paying jobs. It is great to see the city of Montreal become a cluster for artificial intelligence, with a number of companies investing in that city. It is great to see the Kitchener-Waterloo corridor here in Ontario continue to be the leader in the tech sector. It is great to see the city of Toronto continue to see the investments from domestic and foreign firms in fintech, and so many other types of businesses in this knowledge economy, but to do so—
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  • Nov/9/23 10:47:36 a.m.
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Madam Speaker, I rise on a point of order. I am just wondering about relevance. We are talking about foreign investment into Canada and about Bill C-34. The hon. member is talking about artificial intelligence and investment in Montreal, which has absolutely nothing to do with the bill.
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  • Nov/9/23 10:48:10 a.m.
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  • Re: Bill C-34 
Madam Speaker, I sit on the industry committee with the hon. member, and I appreciate his intervention. We will always talk about the Investment Canada Act and how foreign companies are investing into Canada and creating good-paying, middle-class jobs for Canadians from coast to coast to coast. That is what I am doing in my speech this morning. Tools such as the Investment Canada Act must also be modernized to offer additional protections in light of changing geopolitical and technological advancements and to prevent hostile actors from exploiting Canada's expertise and capacity for innovation. We must all be aware of geopolitical risks, and that they and instability are now fixtures in our operating environment, especially for businesses. Hostile state and non-state actors pursue deliberate strategies to acquire goods, technologies and intellectual property. They do so in ways that are fundamentally incompatible with Canada's interests and principles. We also know that foreign investments can be used as a conduit for foreign influence activities that seek to weaken our norms, values and institutions. Members will recall that the Investment Canada Act played an important role in Canada's response to the Russian invasion of Ukraine. As early as March 2022, we issued a policy statement saying that any investment, controls or influence by the Russian State will also support a determination by the minister that there are reasonable grounds to believe that such an investment could be injurious to Canada's national security, regardless of its value. The statement sends a clear message about our commitment to protecting Canada's economic security from unwanted investment. Moreover, Canada's Indo-Pacific strategy is clear that the region will play a critical role in Canada's future over the next half-century. The significant opportunities for economic growth in the region are also accompanied by challenges related to the objectives of certain world powers that do not share our democratic and liberal principles. We must respond to this reality in a number of ways, including in the way foreign investment is assessed and examined. In short, the Investment Canada Act plays a key role in protecting Canada's economic interests from hostile foreign actors. It is broad in scope and allows Canada to respond to changing threats that may arise from foreign investment, while protecting Canada's openness to beneficial international investment. Again, I would like to say that this morning, the OECD stated its numbers for foreign direct investment in Canada, which OSFI operates through the Investment Canada Act to a large degree. Canada, for the first half of this year, came in third place behind the United States and Brazil. That is all the OECD rankings of over 30 countries. We are on the right path of continuing to grow the economy, attracting foreign investment from all over the world, along with our domestic companies investing. The act is broad in scope and allows Canada to respond to changing threats that may arise from foreign investment, while protecting Canada's openness to beneficial international investment. The package of amendments proposed in this bill is designed to assure businesses and investors that Canada has a clear, predictable and stable regulatory regime. The nexus between technology and national security is clear and is here to stay. Rapid technological innovation has provided Canada with new opportunities for economic growth, but it has also given rise to new and difficult policy challenges. More and more, Canada is being targeted by hostile actors. That threatens both our national security and our prosperity. Our government must therefore adapt our tools to more effectively defend us against current and future threats. All around the world, foreign investments are now coming under much closer scrutiny from a national security standpoint, also considering various factors such as the impact of the COVID-19 pandemic, the repercussions of climate change on security, global supply chain disruptions and changing geopolitical considerations. We are equipping ourselves today to face the threats of tomorrow. Canada will remain a destination of choice for foreign investment. Now, more than ever, we need to make sure we are doing everything we can to foster an innovative, healthy and growing economy. The guidance and decisions issued over the past several years make clear that some transactions, particularly those by state-owned or state-influenced investors, may be motivated by non-commercial interests and imperatives that could harm Canada's national security. I will repeat that these types of investments in sectors deemed sensitive currently face enhanced scrutiny under the Investment Canada Act. Our government believes that an effective review regime must be robust, transparent and flexible to adapt to a changing world and now is the time to make these changes. I believe the last changes were made in 2009. That is why we stand today to vote in favour of this bill, which represents the most significant amendments to the ICA since 2009. We are making important moves now to review and modernize key aspects of the act while ensuring that the overreaching framework to support foreign investment to grow our economy remains strong, open and, I would add, flexible. Our record as a government makes it abundantly clear that where national security is concerned, we will not shy away from decisive action. Our assessment of risk keeps pace with evolving economic and geopolitical circumstances. The ICA already gives us much of the authority we need to intercede and address national security risks that can arise from foreign investments. These amendments build on a strong foundation and will improve the mechanics around national security review of investment. Now is the time to act decisively so that we can make sure that Canada will continue to gain the economic benefits of investment while strengthening our ability to address threats to our country and ensure its future prosperity. We recognize that Bill C-34 has undergone a rigorous, robust study spanning across 11 meetings. I applaud the members of the industry committee on this process. During those meetings, we heard from a variety of legal and subject-matter experts, who testified about the benefits that foreign direct investment has on Canadian businesses, the importance of protecting Canada's intellectual property and the need to ensure a regime that is capable of tackling the emerging national security challenges that Canada and our security partners are facing in the liberal democracies of the world. We have engaged meaningfully with opposition members to discuss their perspectives and concerns and have worked collaboratively to bring new amendments that will further strengthen the bill. We have worked together to ensure that Canada's foreign investment regime continues to be the gold standard. Bill C-34 will provide us with better tools to protect our national security. It will also help to bring Canada into greater alignment with our international partners and allies. My colleagues heard from witnesses at INDU about how important it is for Canada to have a regime comparable to its allies. Having a comparable regime helps to address common threats and maximize our collective effectiveness. We all know that the amendments proposed in Bill C‑34 will contribute to that important balance. We have to protect Canadians and Canadian businesses while ensuring that investors continue to see Canada as a destination of choice. Yes, Canada is the first destination of choice for foreign investment. We know that Canada and our allies share similar national and economic security concerns. Our allies are concerned with threat actors operating in multiple jurisdictions to secure a monopoly in critical access in technology. We see that with critical minerals. It is becoming increasingly more important to share information with allies to support national security assessments to prevent these threats from happening. This new information-sharing authority strengthens co-operation between Canada and other like-minded countries to defend against an investor that may be active in several jurisdictions seeking the same technology, for example, and having motives ill toward. That said, Canada would not be obligated to share such information where there are confidentiality or other concerns. I want to thank my esteemed colleagues for their attention today. I can assure members that our approach is pragmatic, principled and collaborative. It provides a solid framework to address evolving geopolitical threats while allowing Canada's review regime to be more aligned with our international allies and in the interests of Canadians. The collaborative efforts during the INDU committee ensure that we meet these goals, which is why I believe that this bill, as amended, should be adopted and referred to the Senate. We are confident that with Bill C-34, Canada will continue to encourage positive investment that will grow our economy and create good jobs in all ridings across Canada. I do not think there is a riding in Canada that does not have some form of foreign direct investment in it or that is not affected by foreign direct investment. It should always be done in a positive, long-term and sustainable manner without having to compromise on national security. We know that in today's world there are actors, foreign-state actors and non-state actors, who have ill intentions towards the liberal democracies of the world, including our blessed home here in Canada, and so we need the best of both worlds. I hope all of us can work together to stand for Bill C-34 to get it to the Senate for further study and make this bill law to strengthen Canada's economic and national security. It has been a pleasure to speak to this bill this morning. It was great to see the OECD comment with respect to Canada's reputation for foreign direct investment and coming into third place for the first half of the year. We have seen flows in foreign direct investment via countries across the world, with Canada being increasingly the destination of choice. There are the Volkswagen investment and the Stellantis investment, as well as Honda, Toyota and other entities. There are investments in Kingston, investments in Northvolt in Quebec and investments in B.C. that are happening. Across the board, we see foreign companies choosing Canada to invest their dollars for their shareholders to create wealth here in Canada. It is something that is great to see. We need to encourage it from all sides of the House. I thank hon. members for their attention this morning. I look forward to hearing their questions and comments.
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  • Nov/9/23 11:02:27 a.m.
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  • Re: Bill C-34 
Madam Speaker, I appreciate that very pertinent and direct question. I believe that amendment was adopted and it has relevance to what the hon. member was referring to in order to ensure that we examine any effects of any rights related to intellectual property where their development was funded by the Government of Canada. I believe that is one of the tangents that the hon. member is asking for. Intellectual property in itself is something very important in today's world. Intellectual property, in terms of patents being put in place in different jurisdictions, has different effects. We know that intellectual property is something that we always need to examine. It is changing rapidly, and we need to have a regime in place here. One process is with the Investment Canada Act which directly examines this, because it is very important for our national and economic security.
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  • Nov/9/23 11:04:25 a.m.
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  • Re: Bill C-34 
Madam Speaker, in terms of Canada's relationship with our Five Eyes partners or groups, we have a very robust relationship. It is a very strong relationship. It is a relationship that has existed for many years, and I would say decades. It is a relationship where day to day, people working for the Government of Canada, our security and defence apparatus, are in contact with their pertinent peers. It is something that all governments need to value and respect. We know that. Canada is at the table on a multilateral basis in many organizations throughout the world. In terms of the question that the hon. member had about a review of investments, when we examine foreign direct investments we must have the mindset where we do not put in place exemptions. We obviously understand who our allies are in the liberal democracies of the world, whether it be the United States, Australia, the U.K., or other countries, but putting in place exemptions, I personally feel, is not the right way to pursue the legislative process in the Investment Canada Act. It must be broad enough to handle certain unique situations, but it must be focused in a place so that if investments are coming from state and non-state actors, the process is robust, with the capacity to review them for national security and economic considerations.
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  • Nov/9/23 11:05:47 a.m.
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  • Re: Bill C-34 
Madam Speaker, I found the member's speech very optimistic. He said that he sees foreign investment in Canada as a good thing. I agree with him. Everyone wants foreign investment. We are always happy when people want to invest money here. That means our country is an attractive place and there will be job creation and economic spinoffs and so on. I have nothing against that. There is just one small problem. We need to know what the investment is. We need to be able to look at it, at least. From 2021 to 2022, only 2% of the 1,255 proposed investments were reviewed. I see that as a bit of a problem. I feel that, sometimes, these investments are serving interests that may not align with ours. We should at least have a way to review these proposals to determine whether they are in our interest or not. Does my colleague not feel his government is a bit too naively optimistic about this?
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  • Nov/9/23 11:07:00 a.m.
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  • Re: Bill C-34 
Madam Speaker, I would like to thank my colleague for his very important question. Foreign investment is vital to our economy, our national security and our future. We are talking about the future of our constituents. When we examine foreign direct investment in Canada, it is very important that this modernized bill, Bill C-34, come through. The last time the ICA was reviewed was in 2009. The economic world and the technological world have changed greatly since 2009. We need this bill to move forward. The collaboration that was seen at the industry committee was very important. It was great to see. We continue to move forward on this bill, which is in the interests of all Canadians and our economic future.
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  • Nov/9/23 11:08:48 a.m.
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  • Re: Bill C-34 
Madam Speaker, we are not soft on Russia in any manner. Investments that come from China, Russia or any other state or non-state actors are all reviewed very judiciously and diligently by the folks covered under the Investment Canada Act, and they will continue to do so. We need to ensure that the intentions of people investing in Canada are in our national security interest and that they will help their shareholders in their creation of wealth and so forth.
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  • Nov/9/23 11:29:17 a.m.
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  • Re: Bill C-34 
Madam Speaker, my thoughts go out to the Groupe TVA employees and their families following last week's catastrophic loss of 547 jobs. This is a heavy loss for my region, where 24 out of 30 jobs were wiped out. Obviously, we have high hopes that the federal government will be there to support these people. As we proposed yesterday, the Bloc Québécois is calling for a summit as well as a $50‑million emergency fund to support our local media, which are a vital part of our democracy and our communities. Returning to today's topic and the debate on Bill C-34, I listened carefully to my colleague's speech and one thing jumped out at me. The government tabled this bill so that it could be passed as quickly as possible. However, the Conservatives, who typically advocate for the economy, moved a motion calling for all foreign state-owned companies not belonging to the Five Eyes countries to be excluded from the application of the act, an attempt to slow down foreign investment. Since 40% of European investment in Canada takes place in Quebec, I want to give the example of Airbus, a French and German state-owned company that, as everyone knows, manufactures airplanes in Mirabel. If the Conservative Party's motion had been adopted in committee, it would have seriously hurt direct foreign investment in Quebec. I would therefore like my colleague to tell me how she thinks she can block all proposed foreign investments from any country other than the Five Eyes. It is possible to have alliances with democratic states that we can trust.
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  • Nov/9/23 11:31:03 a.m.
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  • Re: Bill C-34 
Madam Speaker, in reference to the first part of the member's intervention, in which he talks about the loss of jobs in Canada, our economy is suffering on all levels and it is due, in a large part, to what was happening before even COVID took place. Investment in Canada was running in the other direction because of the lack of confidence in the government and the over-involvement in extending the time it would take to invest in our country. We have seen that on every level. We have also seen the intervention and interference in freedom of speech and the ability to communicate. There are all kinds of things impacting our ability as a nation to prosper which the government has had a hand. I am very encouraged with the fact that, in due course, this will all change.
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  • Nov/9/23 12:07:32 p.m.
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  • Re: Bill C-34 
Mr. Speaker, I am very happy to rise here today once again to speak to Bill C-34, which would update the Investment Canada Act. I spoke to this bill on Monday. It is now Thursday and not much has happened in the interim. We did consider a report stage amendment and voted on it, an amendment that would have taken some of the powers vested in the minister in this new act and moved them to cabinet. That amendment was defeated, so we are basically back to where we were when it came out of committee at report stage. I will therefore be repeating some of my comments from Monday, naturally. This act is designed to do two main things. It is designed to ensure that foreign investments in Canada have a net benefit for Canadians and that foreign investments are not detrimental to our national security. As I said previously, many Canadians will know this act from its first iteration, back in the seventies, as the Foreign Investment Review Act. It was brought in at that time because there was a rash of foreign takeovers, predominantly American takeovers, of Canadian companies. American companies were moving in as the economy was booming in the fifties and sixties. There was money for these companies to expand. They moved north and started to buy up Canadian companies. I remember that at that time, to go way back, there was real concern in Canada about this trend of foreign companies taking over Canadian companies, sometimes moving their operations entirely out of the country, sometimes just keeping them as branch plants of larger multinationals. The Foreign Investment Review Act was brought in then to deal with this situation. It reviewed these transactions as they took place, and the Foreign Investment Review Agency approved about 90% of them. Canadians are open to investment. We know that we need investment to grow our economy, but 10% of those applications were turned down by the Foreign Investment Review Agency in the seventies and early eighties. That brought criticism to the agency by both Liberals and Conservatives, who thought we should be open for investment and should not be turning down some of these applications. In 1984, Brian Mulroney brought in this act, the Investment Canada Act, to replace the Foreign Investment Review Agency with Investment Canada, of course saying he wanted to welcome foreign investment. True to his word, under the Mulroney government, the new Investment Canada entity did not turn down any applications for foreign takeovers. The Liberal governments that followed Mulroney's, those of Jean Chrétien and Paul Martin, had the same record, with not one application being blocked. The Harper government was a different story. Harper blocked the sale of British Columbia-based MacDonald, Dettwiler to the American company Alliance based on both financial benefits to Canadians and the critical technology argument. On the other hand, in 2012, the Harper government allowed the $15-billion sale of Canadian oil company Nexen to the China National Offshore Oil Corporation, owned by the Chinese government, and the $6-billion sale of Progress Energy to Malaysia-based Petronas. Then, on the same day, the Harper government changed the Investment Canada Act to block state-owned foreign investments in Canadian oil and gas companies. It was a good thing but essentially closed the barn door after the horses had left. Legislation regulating these foreign takeovers in Canada of Canadian companies has changed from time to time over the past few decades. Foreign investment trends have changed as well. The share of investments in Canada by the United States has declined over the past few decades, but it still leads the pack. It is still the main country, not surprisingly, dealing with foreign takeovers of Canadian companies because of its close proximity to us and the history of co-operation between our countries. It is followed by the Netherlands, the United Kingdom, Luxembourg, of all places, Switzerland, Japan, China, Germany, Brazil, France and Bermuda, although I assume, as I said on Monday, Bermuda and Luxembourg are there because that is where Canadian companies are sheltering their profits; they are not bringing investments from those countries. It is clear that we need to keep up with the times in regulating foreign investment, and Bill C-34 is another example of that. Information and data are the new oil, and earlier versions of the Investment Canada Act were essentially blind to that. I have talked to numerous companies over the years, especially tech companies. At the natural resources committee and now at the international trade committee and the science and research committee, one story I have heard repeatedly from companies is that while small Canadian companies, especially tech companies, work hard to develop new technologies, say in hydrogen energy or AI advances, when it comes to expanding companies to get their products to market, they need investments. These companies develop technologies and do all the testing, and when they have a product that people want, they have to invest to expand their operations to get their products to market. We often call this stage the “valley of death” because so many companies fail at that. In the Canadian tech ecosystem, we do not have big Canadian tech companies that can help invest in smaller companies, so too often the investment they attract is taken over by foreign companies from the United States, Europe or China. With those sales goes the intellectual property, the ideas behind that new technology, and the real core of the company's value disappears from Canada immediately. The present version of the Canada Investment Act allows companies to report takeovers after the fact, so a foreign takeover could happen and then it is reported to Investment Canada. However, when that happens, for instance with a tech company takeover, we need some way of reviewing the takeover before the transfer of intellectual property happens. Bill C-34 has a pre-implementation filing requirement for certain investments to give early visibility to situations where there is a risk that a foreign investor will gain access to sensitive assets or information immediately on closing a deal, because if critical intellectual property is involved, it is usually too late to stop the transfer of that information if it is done after the fact. It is not like the old days when the main value of a company was in the factories it owned or in the rights to natural resources, that sort of thing. This new pre-implementation filing could help put a stop to that, where necessary. As an aside, on top of this, we really need to develop domestic measures to help develop and protect intellectual property here in Canada so that companies are better prepared when they get to that stage and can keep intellectual property in Canada, where it can be used to help grow our economy. Canada is the leader in many areas that are now very important in the world of technology, such as AI and, as I mentioned, the development of hydrogen energy and fusion. There are various technologies that we are the leader in, and we risk losing that leadership position if all of this intellectual property gradually leaks away. What are some other things that would make this bill even better? First, the act should mandate the review of an acquisition by a state-owned enterprise of a company previously reviewed by the ICA. This refers to situations where a foreign company takes over a Canadian company and Investment Canada reviews it, finds the company is okay, as it looks like Canadian interests would be protected, and then okays it. After that happens, sometimes the foreign company is taken over by, say, a foreign state. This has happened several times with Chinese companies, and I will talk about a couple of them. It is a real concern. I mentioned Monday the story of a company called Retirement Concepts, which owns and operates seniors residences in British Columbia, Alberta and Quebec. These are long-term care homes taking care of our seniors. I have told the tragic story of a family's loss of both parents to inadequate care in the Summerland Seniors Village, which is one of the Retirement Concepts care homes in B.C. that is very close to where I live. Suffice it to say that Retirement Concepts has a checkered history of investigations for its operations. Even after that, in 2016, Chinese insurance giant Anbang, then a privately held company, bought Retirement Concepts. The transaction was reviewed and okayed by Investment Canada, but less than a year after that purchase was okayed, the Chinese government seized the Anbang company and jailed its chairman for fraud. Perhaps it knew something the Canadian government had missed when that review was carried out. Suddenly, we have the Chinese government owning a company that is one of the largest providers of long-term care in Canada, and certainly the largest in British Columbia. Not only is it one of the largest providers of long-term care for our seniors, taking care of our mothers, fathers, grandfathers and grandmothers, but it is known to provide very poor care for seniors in many situations. In fact, in 2020, the British Columbia government had to seize management control of four care homes run by Retirement Concepts because of continuing problems of poor care. It returned that control just over a year later, but it is an indication of the lack of priority Retirement Concepts has placed on the care of seniors. At present, I do not see any direct provisions in the ICA that would allow Investment Canada or the minister to review the subsequent acquisition by a state-owned enterprise of an ICA-approved takeover or merger by a foreign private company. We have to change this. The NDP put forward an amendment that would allow for the review of a takeover by a state-owned enterprise of a previously approved acquisition of a Canadian firm. This could be done by establishing the power to require a mandatory divestment of all Canadian assets by entities in these specific circumstances. This is an example of where we could and should take a big step in that direction. I have been told the NDP amendment to fix this was ruled out of order because the government claimed it now has the power to enforce the divestment of any state-owned purchase. If that is the case, then it should act on Retirement Concepts without delay. This would not only take the Chinese government out of the business of taking care of our seniors, but would be a step toward taking all for-profit enterprises out of seniors care. There is not place for profit in our health care system, and that includes seniors care. Anbang also features in another cautionary tale about foreign takeovers in Canada, one that highlights the risk of exposing Canadians' privacy and digital rights. This was again in 2016. Anbang was very busy in 2016 buying up Canadian companies. The Chinese company Bluesky Hotels took over InnVest, a Canadian real estate company that invests in hotels and owns over 100, in a deal worth $2.1 billion. It was the biggest owner of Canadian hotels. It is alleged that Bluesky is just a front for Anbang, because that company initially wanted to acquire InnVest, and the executive in charge of Bluesky is a former employee of Anbang. However, Investment Canada reviewed and approved the takeover. As I mentioned, a few months later, Anbang was seized by the Chinese government. This development has raised significant concerns regarding privacy issues, among other things. China's Ministry of State Security was reportedly behind the massive cyber-attack against the Marriott hotel chain, compromising the personal information of 500 million guests. This has heightened the concerns of the employees and guests of InnVest hotels. Therefore, we need to amend the Investment Canada Act to allow for a privacy protection review. Another factor to consider in investment reviews is preventing publicly funded research and development from leaving the country, resulting in the loss of jobs and, basically, the theft of taxpayer dollars. A company called Nemak received $3 million from the government's automotive supplier innovation program. However, in 2020, Nemak closed its plant in Windsor, where those funds had been used to create new products for General Motors, and transferred the technology and those jobs to its operations in Mexico. An NDP amendment passed in committee would allow for the review of a foreign takeover, which would consider intellectual property that was developed with funding from the federal government and issue remedies to retain the benefits in Canada. Therefore, a situation such as that of Nemak would not happen again. The foreign investment review would now also include the effect of the investment on the use and protection of personal information of Canadians. This would help prevent such situations as the one we saw with Bluesky and Anbang. The federal and provincial industrial, cultural and economic policies affected by foreign investment would now be included in the review as well. I will conclude by running through some of the amendments that were passed at committee that strengthened the bill or, at least, changed it. One amendment was to allow the investment made by a foreign entity, especially state-owned enterprises, to be fully reviewable, regardless of the size of the investment. Before, there was a lower limit that would trigger a review. In addition, in clause 8, there was the NDP amendment, which I mentioned, that would trigger a review on a takeover of a company by a foreign company that would see the loss of intellectual property and technology that had been funded by the federal government. There is an amendment that would expand the investment review to include partial investments by foreign entities; another amendment would include a non-Canadian who has been convicted of an offence involving corruption as part of the investment review process. Hopefully, if they found out that the head of a company such as Anbang was charged with fraud, that would trigger a review right away and probably result in the cancellation of that transaction. There is another amendment to impose interim conditions on both the foreign entity and the target Canadian business during the review process, as long as national security risks are not increased. Another amendment that involves national security instructs the minister to provide copies of any order concerning a foreign investment review to the National Security and Intelligence Committee of Parliamentarians and the National Security and Intelligence Review Agency. I will finish by saying that, in this new world where ideas and data are more valuable than the natural resources we have so long relied on, we need a new regulatory framework to protect our industries, our workers and our companies.
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  • Nov/9/23 12:29:59 p.m.
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  • Re: Bill C-34 
Mr. Speaker, I would totally agree. In my speech, I briefly mentioned the need to really develop and bolster our intellectual property programs and culture in Canada. That is outside this act, which controls investment and the takeovers of Canadian companies. We are studying this in the science and research committee right now, about how exposed a lot of Canadian research and development is to foreign takeover, foreign theft and foreign entities taking our intellectual property because they have the legal right to it. The value in these companies today is intellectual property. AI is one example. It is lost so quickly and easily. We have to do everything, controlling it not only in these acquisition regulations but also in the period of science and research that leads up to some of these investments.
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  • Nov/9/23 12:57:24 p.m.
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  • Re: Bill C-34 
Mr. Speaker, I chuckled when the hon. member mentioned middle-class Canadians, or those aspiring to be. It is funny how, after eight years, middle-class Canadians are now just trying to stay in the middle class as a result of all the policies of the government, with the affordability and inflation crisis caused by overspending and the debt that has accumulated. I want to speak specifically about Bill C-34 and the mandatory notice regime. There seems to be a lot of uncertainty within industry right now as it relates to the applications that are in the process, in some cases by minority investors. As for the definition of the mandatory notice regime, and specifically what categories of investment would fall into that, there seems to be a little uncertainty. I wonder if the hon. member can tell us what that would be.
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  • Nov/9/23 1:23:38 p.m.
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  • Re: Bill C-34 
Mr. Speaker, this is not about Quebec; this is about everybody in the country. I know he represents Quebec, being a Bloc member, but I will give one example from my province of Saskatchewan. There have been $18 billion invested in the Jansen potash mine. It is the largest investment in the history of Saskatchewan. It is done by BHP Biliton out of Australia. It had the first phase, which is $12 billion, and it just announced another $6 billion. This is the kind of investment we need and can work with from this company from Australia, which will be headquartered eventually in Saskatoon.
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  • Nov/9/23 1:24:40 p.m.
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  • Re: Bill C-34 
Mr. Speaker, I rise today to speak to Bill C-34, a bill that attempts to strengthen the Investment Canada Act with significant amendments. As we approach the discussion on Bill C-34, a critical examination is warranted. It comes after an extensive period where our national interests have been left vulnerable to foreign entities. After eight long years under the Liberal government, the urgency to safeguard our economic and security interests seems to have taken a back seat, as it has taken us this long to look at protecting Canada's economy. The core concern here is the significant presence of state-owned enterprises, particularly from the People's Republic of China, the PRC, within the Canadian economic landscape. This is not a matter of casting doubt on foreign investment as a whole, which has long been a source of innovation and growth within our economy. However, there is a distinction to be made when such investments are linked to foreign governments with agendas that do not align with Canadian values or interests. Bill C-34 proposes to strengthen the Investment Canada Act, yet one cannot help but ponder whether the measures are sufficiently robust. This bill does introduce mechanisms that might allow us to better scrutinize these investments. Indeed, the imposition of stringent penalties and the elevation of national security reviews are steps in the right direction. However, the specifics with which we address the challenge posed by the PRC are lacking. It is imperative to understand that the issue at hand is not one of mere procedural delays or legislative enhancements. It is a matter of national sovereignty and the integrity of our economic and security infrastructure. The amendments within Bill C-34 would grant the minister enhanced powers to investigate and intervene, yet there remains an imperative to want to question the thoroughness of this approach. Have we provided a framework robust enough to contend with the sophisticated strategies employed by state-owned enterprises, particularly those backed by the government in Beijing? The PRC has demonstrated its capacity and inclination to wield economic leverage as a tool of broader geopolitical strategy. The foresight is to anticipate the sectors of our economy that may be targeted for acquisition, and control is crucial. The legislation mentions the creation of a list of sensitive sectors that would warrant automatic review, yet it does not preclude the possibility of loopholes being exploited. Let us turn our attention to the particulars of Bill C-34, where we must sift through the substance of proposed reforms. The bill, as it stands, attempts to pre-emptively secure investments that might pose a risk to national security by instituting a mandatory filing requirement. This is indeed a prudent move, but how we define specified investments and the criteria for such pre-emptive measures must be crystal clear to avoid any grey areas that could be exploited. In simplifying the process for the minister to act on national security reviews, we are placing significant trust in the judgment and efficacy of a single point of failure. While streamlining may expedite action, it also bypasses layers of scrutiny that can be vital in making balanced decisions. In the hands of one, the decision may be swift, but the question remains, will it be thorough? Strengthening penalties for non-compliance sends a clear signal. It communicates the seriousness with which we take these matters. However, the deterrent effect of these penalties lies in their enforcement. Without a track record of rigorous enforcement, penalties on paper may not translate into a meaningful deterrent in practice. We must not just increase fines; we must demonstrate that we will impose them. Also, granting the minister authority to impose conditions and accept undertakings opens the door to inconsistencies and influence of which we must be wary. When we consider the removal of the Governor in Council's involvement in the initial stages of a national security review, we must ask if we are centralizing power to the point of vulnerability. Oversight is not an enemy of deficiency, but a bedrock of democracy. In continuing discussion, we must bear in mind the history that brings us to this juncture. We are not operating in a vacuum, but against a backdrop of past decisions and actions that have left us questioning the robustness of our investment review process. As we proceed with this dialogue, it is crucial to reflect on past actions that serve as a backdrop to today's discussions on Bill C-34. We cannot ignore instances where our review mechanisms seem to falter, where foreign acquisitions proceeded with what some would argue was insufficient scrutiny. The case of Norsat International and subsequent dealings involving sensitive technology raises an eyebrow to the effectiveness of our past reviews. This is not about pointing fingers, but about understanding the gravity of what is at stake. The acquisition of Neo Lithium Corp. by Zijin Mining and the Canada Border Services Agency's use of Hytera Communications equipment, despite espionage charges against Hytera in another allied nation, illustrates a pattern we cannot afford to ignore. Our legislative framework should not only close the doors to such occurrences in the future, but also serve as a deterrent. Moreover, the pace of global change does not afford us the luxury of reactive policy. We need proactive measures that ensure the safety and security of our nation's interests. This includes comprehensive reviews of state-owned enterprises' acquisitions, regardless of size, especially when countries with aggressive postures on the global stage are involved. As we bring these concerns into the present context, the urgency to address them becomes clear. We are at a crossroads where the discussions we make today may shape our economic and national security for years to come. Bill C-34 is a step, but there is concern that it does not go far enough. We must ask ourselves, is this legislation merely a reaction to the past oversights, or is it a visionary move to secure our future? While it makes strides in certain areas, it falls short in terms of automatic reviews and clarity in defining strategic sectors. In the ideal world, every investment would bring mutual benefits without compromising our national interests, yet we know the world is far from ideal, and the bill in its current form does not fully rise to the complex challenges we face. Part of our duty is to ensure the security of Canada's future. Our duty is to enact legislation that does not just respond to yesterday's challenges, but anticipates tomorrow's threats. While Bill C-34 moves to tighten the reins on foreign investment and strengthen our defences, we must ensure it is not a case of too little, too late. This is not just about adjusting the mechanism of the Investment Canada Act. It is about safeguarding the heart of Canadian innovation and security. Our vigilance in reviewing and improving this bill will demonstrate our unyielding commitment to the prosperity and security of Canada. Let us ensure that this legislation is more than a response to past oversights. Let it be a steadfast guideline of our future economic sovereignty. This is our duty and it is one we must undertake with the utmost seriousness and dedication. I appreciate the opportunity to address these crucial issues. Let us proceed with a clear vision and a firm resolve to protect the interests of Canada. I look forward to taking questions.
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  • Nov/9/23 1:35:26 p.m.
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  • Re: Bill C-34 
Mr. Speaker, by rejecting Conservative amendments to create bright-line rules, such as those regarding investments from companies headquartered in hostile states being immediately referred to a review, and by not exempting our Five Eyes partners, which all clearly show not just democratic values but also market values, we are competing on taxes, environmental processes and investment rules for timely decisions. Does the member believe that the government has lost a major opportunity to welcome that investment quickly into our country from those countries that are aligned with us, and the opportunity to immediately send a signal to foreign states that want to use our investment rules for their own strategic advantage?
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  • Nov/9/23 1:53:56 p.m.
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  • Re: Bill C-34 
Mr. Speaker, it is an honour to rise today to speak to the modernization of the Investment Canada Act. As many who are following this debate know, this act was last revised in 2008, so this legislation represents the most significant update to the act since that time. It would ensure that we can address changing threats that arise from foreign investment and would do so while our government continues to welcome foreign direct investment. As my colleague before me stated, we are rising in the ranks of foreign direct investment, but at the same time, we are also facing global threats unlike ones we have ever faced before. This is a really appropriate time for us to get in line with other allies of ours and update our act to make sure we are keeping Canadians safe as a whole. Speaking of Canadians, the other day, a young adult in my riding wrote to my office. He is a first-year political science student. He wrote to me about concerns with foreign interference, and some of what he said was quite interesting. He proposed three different areas in which the Government of Canada could do better in order to make sure we are safe from foreign interference threats. He wrote to me about the recent statement made in this House about Hardeep Singh Nijjar's murder. However, he went a lot further than just this instance and talked about our democracy as a whole and what we should do to protect it now. He said that we are seeing very bold covert operations taking place in our country, whether it is disinformation campaigns, hacking, political manipulation or espionage. All of these things are rising, and there are concerns regarding the traditional boundaries of espionage. He says, there is a shift toward more overt and covert interference in international affairs by state players. Interestingly, he writes that countries like China, Russia, Iran and India are assembling economic blocs and seem to be more open to taking chances to further their geopolitical objectives. He further says that although covert operations on Canadian soil are not new, Canada is a desirable target due to its advanced economy, technology and abundance of natural resources. He says it is concerning that these problems are converging and that foreign actors can profit from Canada's defining characteristics by taking advantage of our society's openness and variety. It is in our communal responsibility to confront these threats, and we must work together to stop foreign meddling from undermining the core values of our country. He continued to talk about strengthening cybersecurity and safety measures regarding actors who seek to take over our resources, which we have seen. There has been concern when it comes to agriculture and infrastructure as well. I thought it was very interesting that a lot of these things tie in. It is an important time for us to be taking these types of measures to make sure we continue to protect Canadians, Canadian interests and our economy at the same time, doing it in a transparent way as we continue to have more and more free trade agreements with countries around the world. Since our country has more agreements, especially those signed by this government, than any other country in the world, we need to make sure we also have the safety nets in place to make sure that, through these agreements, we do not increase our chances of risk. This bill is an extremely good effort, and I was excited to see that, through the committee process, many amendments were made to further strengthen this legislation. The Conservatives and the New Democrats have all had input. From the speeches I have heard in this House, it looks like we may differ slightly, but there is core support to make sure that this legislation passes, keeps Canadians safe in the future and continues to increase the economic prosperity of this country.
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  • Nov/9/23 2:44:10 p.m.
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Mr. Speaker, I am very pleased to hear that my hon. colleague is so excited about the upcoming fall economic statement, which will be presented shortly, on November 21. We are making responsible, forward-looking investments, such as the investment in Bécancourt and investments in Air Products in Edmonton. We are making investments from coast to coast to coast, to build a green economy for the future, one that will put people to work from coast to coast to coast. We will have more information on our plan, on the debt and on our investments on November 21, with the fall economic statement.
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  • Nov/9/23 3:54:29 p.m.
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  • Re: Bill C-34 
Mr. Speaker, it is the first chance I have had to address the hon. member for Portage—Lisgar since his win in the by-election. I would like to congratulate him. I look forward to working with him in this place, as I did with his predecessor. In terms of the piece of legislation before us, I am very concerned that we apply a new lens to foreign investment in Canada, from a national security point of view and from a national sovereignty point of view. We have had the recent experience, which I have mentioned in this place, of something that did not ring any bells or raise any flags as it began, which is a company called Paper Excellence. It is owned by one billionaire from Indonesia who has now bought up the majority of the pulp and paper sector of our economy: Resolute Forest Products, Catalyst paper and Domtar. How do we track that? What triggers an investigation when we start seeing the Canadian economy bought up and held in countries like Indonesia where we do not at this point have a relationship that would let us track that?
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