National Security with a Canadian Twist: The Investment Canada Act and the New National Security Review Test

Abstract

This year, Canada's federal government passed significant amendments to the Investment Canada Act (ICA), Canada's foreign investment law. This paper argues that, though the amendments generally liberalize important aspects of the country's foreign investment review regime, they also include a broadly worded national security test that allows the responsible Minister to review proposed investments in Canada on national security grounds.

Key words:

• Canada
• global economy
• investment
• law

Additional information

Notes on contributors

Subrata Bhattacharjee

Mr. Subrata Bhattacharjee is recognized as one of Canada's leading competition and foreign investment lawyers. Mr. Bhattacharjee focuses his practice on all aspects of competition and antitrust law, foreign investment law, and regulatory litigation, including quasi-criminal and constitutional matters. He has extensive experience in providing counsel on merger clearance, cartel, and other contentious and compliance matters under the Canadian Competition Act.