After an initial period of indifferent interest, the current Canadian government continues to toughen its approach to the review of foreign investments in Canada. Two important developments in March 2024 underscore this trend. First, the government enacted substantial amendments to the Investment Canada Act (ICA) on March 22, 2024.These amendments, the most significant since 2009,…
In this annual review of Canadian foreign investment law, we discuss developments over the past year, including proposed amendments to the Investment Canada Act (ICA) and new government policies on the treatment of specific categories of investments. We also consider how these trends will influence enforcement in the year to come. Our central observation is…
Significant amendments to Canada’s Competition Act (Act) dominated discussion about Canadian competition law policy and enforcement in 2022. Given the full implementation of the first round of amendments and the formal commencement of public consultation on further amendments, potential legislative reforms are certain to remain at the forefront of Canadian competition law discourse in 2023….
On November 17, 2022, Canada’s federal Minister of Innovation, Science and Industry formally announced that the federal government is launching a comprehensive review of the Competition Act (Act) and Canadian competition policy. This announcement follows through on the Minister’s previous indications that significant reforms were in the works, and comes after the government enacted more…
In February 2022, Canada’s Minister of Innovation, Science and Economic Development announced that the Canadian government was evaluating ways to improve the operation of Canada’s Competition Act (Act). The Minister said that changes would be made in multiple stages, with some initial amendments to be proposed in the following months that would have “an immediate…
On March 8, 2022, the government of Canada issued a policy statement regarding the review of Russian investments under the Investment Canada Act (ICA): https://www.ic.gc.ca/eic/site/ica-lic.nsf/eng/lk81228.html. The policy statement was issued in response to Russia’s invasion of Ukraine, which the government called “unprovoked and unjustifiable”, and affects the application of both the ICA’s “net benefit” review…
The past year in Canada saw the Commissioner of Competition, Matthew Boswell (the “Commissioner”), launch a concerted campaign to reform Canadian competition law and policy. The Commissioner’s view is that competition law should play a central role in facilitating the recovery of the Canadian economy following the COVID-19 pandemic, but that the current version of…
Canadian Threshold for Merger Review on the Decline The Canadian Competition Bureau has announced that, effective immediately, the Competition Act’s pre-merger notification threshold relating to transaction size will decrease to $93 million from the 2020 threshold of $96 million. This threshold requires that the target business have assets in Canada or annual revenues in or…
In this article, we highlight the five most important developments and trends in Canadian competition law in 2020 and discuss what to watch for in 2021. 1. Impact of COVID-19 As in other jurisdictions, the enforcement of competition law in Canada last year was affected by the widespread social, health, and economic effects of…
