Assessment Factors for Net Benefit to Canada If a proposed acquisition is subject to an NBR, the Minister must be satisfied that it is likely to be of net benefit to Canada before the investment may proceed. The ICA requires the Minister to consider certain factors, including (i) the effect of the acquisition on the level and nature of economic activity in Canada (including employment, resource processing and utilization of parts and services produced in Canada and exports from Canada); (ii) the degree and significance of participation by Canadians in the Canadian business in particular and in the relevant industry in general; (iii) the effect of the investment on productivity, industrial efficiency, technological development, product innovation and product variety in Canada; (iv) the effect of the investment on competition in the relevant industries in Canada; (v) the compatibility of the investment with Canadian industrial, economic and cultural policies, taking into account the policy objectives of affected provinces; (vi) the effect of the investment on the use and protection of personal information about Canadians; and (vii) the effect of the investment on Canada’s ability to compete in world markets. When FIRES or Canadian Heritage receives an application for an NBR, it will consult with all the provinces in which the Canadian business has assets or employees, as well as federal government departments with relevant expertise or interests. Independent of its jurisdiction under the Canadian Competition Act , the federal Competition Bureau is charged with providing advice to the Minister regarding the effect of the investment on competition in relevant industries in Canada. Interested private parties or industry stakeholders may also make submissions and advocate for the Minister to take certain actions or seek certain commitments as part of an NBR. NBR Undertakings To establish a likely net benefit to Canada in an NBR review, the Minister usually requires undertakings from the investor. NBR undertakings are typically five years in duration, although the duration of any specific undertaking is subject to negotiation between the investor and the Minister. Typical undertakings relate to maintaining certain employment levels in Canada, guaranteeing participation of Canadians as directors and in management of the Canadian business,
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