Investment Canada Act - Guide for Foreign Investors in Cana…

Contents

Introduction

2

Overview: National Security Review and Net Benefit Review

3

4 5 5 6 6

Who is a “Non-Canadian”?

What constitutes a “Canadian Business” or a “Canadian-Linked Entity”?

What is an Acquisition of Control? What is a State-Owned Enterprise? What are the available exemptions?

National Security Review Scope and Process

7

7 7 8

NSR timing

NSR resolution

Substantive NSR considerations Enforcement of the NSR provisions

10 11 12

Voluntary notifications under the NSR framework

Pending preclosing notice requirements under the NSR framework

Net Benefit Review Scope and Process

13

13 13 13 14 14 14 16 16 17 18

Which NBR threshold will apply?

Trade agreement investors

WTO investors

Indirect acquisitions Cultural businesses

Monetary thresholds for NBRs

Net benefit to canada assessment factors

NBR undertakings

NBR timing

Enforcement of the NBR provisions

Illustration of NSR and NBR Timing

19

Prohibitions and Remedies

20

Powered by