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Jing Xu

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In brief 2024 brought many changes and developments to foreign investment law in Canada. The Canadian government introduced various reforms to foreign investment policy through amendments to the Investment Canada Act (the “Act”), reframing risk in certain sensitive industries which Canada views as important for safeguarding its national security and economic interests. Geopolitical and trade tensions have also increased Canada’s use of national security reviews over foreign investments from Chinese investors, particularly in Canadian critical mineral assets…

In brief The government of Canada recently announced a significant 45-day consultation on economic security, which remains open until 23 September 2024. The purpose of the consultation is to consider measures to strengthen Canada’s “economic security and supply chain resilience” against the threat of “protectionist and nonmarket policies and practices” and “economic threats or coercion.” This alert provides an overview of recent legislative and policy measures focused on Canada’s economic security, which the result of…

In brief Modernization of Canadian competition law and foreign investment review is well underway. Recent and further proposed legislative amendments will impact how dealmakers assess substantial and procedural regulatory risk for mergers. This update summarizes the recent legislative amendments to the Competition Act (“Act”) that came into effect on 15 December 2023 and proposed legislative amendments to the Act and Investment Canada Act (“ICA”). Dealmakers should be aware of these amendments as they plan mergers…

In Brief It has been a dynamic year for competition and foreign investment law in Canada, with significant long-term implications for both domestic and global businesses. In 2023, the Government of Canada focused on modernizing Canada’s Competition Act and Investment Canada Act, proposing and advancing legislation that will overhaul existing legislative frameworks. Looking forward, we expect the Government will continue its modernization agenda and the respective authorities will continue to take strong enforcement positions against…

In brief On 7 December 2022, Minister François-Philippe Champagne, Minister of Innovation, Science and Industry (Minister), announced the Canadian government introduced legislation to amend the Investment Canada Act (ICA), known as the National Security Review of Investments Modernization Act. While the proposed amendments at first appear to be a dramatic overhaul of the existing national security review framework for foreign investment in Canada, they are generally consistent with other recent legislative amendments and policy developments related to Canada’s…