Most foreign investors will enter Canada without a hiccup. However, a small number of transactions may receive closer scrutiny under Canada’s foreign investment review law, the Investment Canada Act (ICA). In 2021, that scrutiny is increasingly likely to be in the form of review under the ICA’s national security review process rather than its “net benefit to Canada” review process. In particular, Canadian investments by companies controlled by foreign governments or individuals with close ties to foreign investments are continuing to be subject to elevated scrutiny as demonstrated by the government’s recent rejection of a Chinese SOE acquisition of a gold mining company in northern Canada. Click here to read more
About Sandy Walker
Sandy Walker is co-Chair of Dentons' Competition and Foreign Investment Review group and is recognized as one of the country’s leading competition and Investment Canada Act lawyers. Sandy's practice focuses on securing government approvals for mergers and acquisitions from the Competition Bureau, Investment Canada and other regulatory agencies, including navigating complex “net benefit to Canada” reviews and the national security review process on behalf of foreign investors, both state-owned and private sector.