Tag archives: Investment Canada

Foreign investment rule changes: narrowed scope but deeper reach

By Kevin Ackhurst (Toronto) on March 27, 2015 Posted in Antitrust, competition and regulatory

On March 25, 2015 the Canadian government published two long-awaited regulations amending the Investment Canada Act. One is intended to reduce the number of transactions that are subject to pre-closing review and approval, but will increase the amount of detailed information required in routine filings for transactions that are not reviewable. The second will lengthen … Continue reading

New merger review thresholds for Competition Act and Investment Canada Act

By Kevin Ackhurst (Toronto) on January 21, 2014 Posted in Antitrust, competition and regulatory, Corporate finance

The threshold for a pre-closing net benefit review under the Investment Canada Act and the threshold for a pre-closing merger notification under the Competition Act have been increased for 2014. Investment Canada Act 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 … Continue reading

Investment Canada Act amendments raise questions for state-owned enterprises

By Kevin Ackhurst (Toronto) on May 13, 2013 Posted in Antitrust, competition and regulatory

Following its approval in December 2012 of two high-profile transactions involving foreign state-owned enterprises acquiring Canadian businesses, the Canadian government announced new policies that would guide the minister of industry in applying the Investment Canada Act (ICA) to subsequent similar transactions. On April 29, 2013, the government introduced its budget implementation bill, Bill C-60, which … Continue reading

New Merger Review Thresholds for Competition Act and Investment Canada Act

By Kevin Ackhurst (Toronto) on January 14, 2013 Posted in Antitrust, competition and regulatory

The threshold for a pre-closing net benefit review under the Investment Canada Act and the threshold for a pre-closing merger notification under the Competition Act have been increased for 2013. Investment Canada Act: 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 … Continue reading

Navigating the new Investment Canada rules for state-owned enterprises

By nrfdigitalteam on December 11, 2012 Posted in Antitrust, competition and regulatory

On December 7, 2012, the Canadian government approved two proposed investments in Canadian energy companies by state-owned enterprises (SOEs) under the Investment Canada Act (ICA): the proposed acquisition by PETRONAS of Progress Energy Resources Corp. (Progress) and the proposed acquisition of Nexen Inc. (Nexen) by China National Offshore Oil Company (CNOOC). Norton Rose Canada represented … 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