Tag archives: FDI

National security guidelines shed light on Investment Canada review process

By Kevin Ackhurst (Toronto) on December 20, 2016 Posted in Antitrust, competition and regulatory, M&A

On December 19, 2016, the Government of Canada issued long-sought guidelines to help foreign investors and their advisors understand the national security review process under the Investment Canada Act (ICA). Following amendments to the ICA in 2009 the government has had the explicit authority to review investments in Canadian businesses by non-Canadians to determine whether … Continue reading

2015 reform of Investment Canada Act now paying dividends in form of inward foreign direct investment

By Troy Ungerman (Toronto) on December 1, 2016 Posted in M&A

As we await Q3 statistics on Canada’s inward and outward foreign direct investment (FDI), the rebounding numbers in Q1 and Q2 have represented a step in the right direction. FDI is a macroscopic measure of private investment (in contrast to portfolio investment) and includes among other types of investment, mergers and acquisitions. The rebounding comes … Continue reading

New merger review thresholds for Competition Act and Investment Canada Act

By Kevin Ackhurst (Toronto) on February 9, 2016 Posted in Antitrust, competition and regulatory

The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have been increased for 2016. Competition Act Canada uses a two part test for determining whether a pre-merger notification is necessary. The two-part test is based on the size … Continue reading

Higher Investment Canada Act & Competition Act Thresholds for 2012

By Kevin Ackhurst (Toronto) on February 28, 2012 Posted in Antitrust, competition and regulatory

Under the Investment Canada Act, Canada’s foreign investment review law, the direct acquisition of control of a Canadian business by a non-Canadian from a WTO-member country is subject to pre-closing review and approval where the assets of the acquired business exceed a prescribed threshold. Effective February 25, 2012, that threshold is $330 million, up from the 2011 … Continue reading

PM’s Words Add Confusion to Investment Canada Act Debate

By Kevin Ackhurst (Toronto) on February 27, 2012 Posted in Antitrust, competition and regulatory

Apparently drawing inspiration from the opening lines of British stand-up comedian Alexie Sayle’s 1985 hit, Canadian Prime Minister Stephen Harper has again waded into the issue of foreign investment in Canada. Harper’s is the only government to have used the Investment Canada Act to reject an announced acquisition of a Canadian business, first in 2008 … Continue reading