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Trends in Foreign Investment Review: Expanding role for national security in Canada s foreign investment review | Dentons

To embed, copy and paste the code into your website or blog: 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. As the monetary thresholds for “net benefit to Canada” review have risen dramatically in the past six years (at least for private sector investors), fewer transactions are subject to ministerial approval under this process. At the same time, however, the ICA’s national security review process gives the Canadian government wide discretion to screen a broader range of investments - the acquisition of an existing business or the establishment of a new Canadian business, whether large or small, and whether involving minority interests

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