INDU Committee Report

Clause 7

That Bill C-34, in Clause 7, be amended by replacing lines 16 to 18 on page 4 with the following:

“15 An investment referred to in paragraph 11(1)(a) or (b) that is subject to notification under Part III and that would not otherwise be reviewable under this Part is re-”

That Bill C-34, in Clause 7, be amended by adding after line 19 on page 4 the following:

“(1.1) The portion of paragraph 15(b) of the Act before subparagraph (i) is replaced by the following:

(b) within 45 days after the certified date referred to in paragraph 13(1)(a)

(2) Section 15 of the Act is renumbered as subsection 15(1) and is amended by adding the following:

(2) Despite the limits set out in subsections 14(3), 14.1(1) and (1.1) and 14.11(1) and (2), an investment is reviewable under this Part if

(a) the non-Canadian making the investment is a state-owned enterprise or is controlled by a state-owned enterprise unless the non-Canadian is a trade agreement investor;

(b) the Governor in Council, on the recommendation of the Minister, is of the opinion that a review of the investment is in the public interest;

(c) the Governor in Council issues an order for the review within 45 days after the certified date referred to in paragraph 13(1)(a); and

(d) the Director sends the non-Canadian making the investment a notice for review.”

New Clause 8.1

That Bill C-34 be amended by adding after line 26 on page 4 the following new clause:

“8.1 (1) Paragraph 20(c) of the Act is replaced by the following:

(c) the effect of the investment on productivity, industrial efficiency, technological development, product innovation and product variety in Canada, including, for greater certainty, the effect of the investment on any rights relating to intellectual property whose development has been funded, in whole or in part, by the Government of Canada;

(2) Paragraph 20(e) of the Act is replaced by the following:

(e) the compatibility of the investment with national industrial, economic and cultural policies, taking into consideration industrial, economic and cultural policy objectives enunciated by the government or legislature of any province likely to be significantly affected by the investment, and including, for greater certainty, the effect of the investment on the use and protection of personal information about Canadians; and”

Clause 12

That Bill C-34, in Clause 12, be amended by replacing line 11 on page 7 with the following:

“manner described in section 28;

(b.1) if the non-Canadian is a state-owned enterprise, to acquire any of the assets of a Canadian business; or”

That Bill C-34, in Clause 12, be amended by adding after line 11 on page 7 the following:

“(2) Section 25.1 of the Act is renumbered as 25.1(1) and is amended by adding the following:

(2) For greater certainty, paragraph (1)(c) includes an investment to acquire, in whole or in part, the assets of an entity referred to in that paragraph.”

Clause 14

That Bill C-34, in Clause 14, be amended by adding after line 31 on page 7 the following:

“(1.1) For the purposes of subsection (1), the fact that a non-Canadian has previously been convicted, within or outside Canada, for an offence involving an act of corruption constitutes, by itself, reasonable grounds.”

Clause 15

That Bill C-34, in Clause 15, be amended

(a) by replacing line 17 on page 8 with the following:

“security, the Minister shall make an order within the pre‐”

(b) by replacing line 19 on page 8 with the following:

“(1.1) The Minister shall, by order, impose interim condi‐”

(c) by replacing line 26 on page 8 with the following:

“that could arise during that review, provided that the imposition of interim conditions does not introduce significant new risks of injury to national security. The Minister shall al‐”

Clause 17

That Bill C-34, in Clause 17, be amended by adding after line 6 on page 12 the following:

“25.9 Within 30 days after sending a notice under paragraph 25.3(6)(c) or a copy of the order under subsection 25.4(2), the Minister shall notify the National Security and Intelligence Committee of Parliamentarians and the National Security and Intelligence Review Agency of

(a) the fact that a notice was sent under paragraph 25.3(6)(c) and of the identity of the non-Canadian and the Canadian business or entity referred to in paragraph 25.1(c); or

(b) the fact that an order was made under subsection 25.4(1), of the identity of the non-Canadian and the Canadian business or entity referred to in paragraph 25.1(c) that is the subject of the order, and of whether the order

(i) directed the non-Canadian not to implement the investment that is the subject of the order,

(ii) authorized the investment or contained terms and conditions, or

(iii) required the non-Canadian to divest themselves of control of the Canadian business, or of their investment in the entity, that is the subject of the order.”

Clause 19

That Bill C-34, in Clause 19, be amended by adding after line 15 on page 13 the following:

“(3) Subparagraph 36(4)(e.2)(ii) of the Act is replaced by the following:

(ii) authorized the investment, including if it did so on terms and conditions, or”

That Bill C-34, in Clause 19, be amended by adding after line 15 on page 13 the following:

“(3) Section 36 of the Act is amended by adding the following after subsection (4.1):

(4.101) For greater certainty, when communicating or disclosing under paragraph (4)(e.2) the fact that an order was made under subsection 25.4(1), the Minister is not prohibited from communicating or disclosing the identity of the non-Canadian and of the Canadian business or entity referred to in paragraph 25.1(c) that is the subject of the order.”

New Clause 19.1

That Bill C-34 be amended by adding after line 15 on page 13 the following new clause:

“19.1 Section 38.1 of the Act is renumbered as subsection 38.1(1) and is amended by adding the following:

(2) The report shall include information on the exercise of ministerial duties and powers under Part IV.1.”