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Investment Canada Act Annual Report Provides New Insights Into The Small Number Of Transactions That Have Raised National Security Concerns
On March 1, 2019, the Director of Investments filed the annual report on the administration of the Investment Canada Act (the Act) for the fiscal year ending March 31, 2018 (Fiscal 2018) ...
25 Mar 2019
Legal Year In Review 2018
Osler's insights on key developments in 2018 and their implications for Canadian business.
20 Dec 2018
Managing Your Carbon Footprint: Proactive Carbon Planning Advice For Alberta Emitters
•The pre-existing Specified Gas Emitters Regulation (SGER) imposes a $30 per tonne carbon price on all industrial emissions over a pre-determined cap...
18 Dec 2017
Foreign Investment In Canada: Osler Fall 2017 Update
It has been an eventful year so far for foreign investment review in Canada. As expected (see our December 2016 Update)...
13 Oct 2017
2017 Budget Implementation Act Introduces Amendments To The Investment Canada Act
On June 22, 2017, Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (the Budget Act), received Royal Assent.
3 Jul 2017
Canadian Foreign Investment Review – What To Watch For In 2017
Liberalization is expected to be a dominant foreign investment theme in 2017, consistent with the Canadian government's stated focus on attracting investment to Canada.
3 Jan 2017
Significant Changes To Investment Canada Act Review Thresholds, Disclosure Requirements And National Security Review Timelines
The change from an asset-based threshold to an enterprise value threshold will have a number of important implications for foreign investments in Canada...
30 Mar 2015
Canada Ratifies The ICSID Convention: Enhancing Legal Rights And Protections For Canadian Investments Abroad
If the effectiveness of any dispute-settlement process is to be measured by the existence of impartial and well-defined rules, finality of the outcome and enforceability of the decision, Canada’s ratification on November 1, 2013, of the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) and its coming into effect on December 1, 2013, should be widely recognized as a watershed event for Canadian businesses investing overseas.
10 Dec 2013
Canadian Government Rejects Accelero–Allstream Deal On National Security Grounds
On October 7, 2013, Minister of Industry James Moore announced that the "Government of Canada has concluded its review of Accelero Capital Holdings’ proposed acquisition of the Allstream division of Manitoba Telecom Services Inc. (MTS) under the national security provisions of the Investment Canada Act.
15 Oct 2013
New Rules For Foreign Investment By State-Owned Enterprises - Do They Strike the Right Balance?
On December 7, 2012 the federal government announced its approval of both Malaysian-controlled PETRONAS’ proposed $6 billion acquisition of Progress Energy Resources Corp. ("Progress") and China National Offshore Oil Corporation’s ("CNOOC") proposed $15.1 billion acquisition of Nexen Inc. ("Nexen").
18 Dec 2012
Government Rejects Petronas-Progress Transaction: Is Rejection The New Reality For Foreign Investors?
Until the PETRONAS/Progress decision is clarified by way of further efforts by PETRONAS to obtain approval and/or the release of Ministerial reasons for a final negative decision, it would be prudent to assume that the ICA approval process is becoming more difficult.
25 Oct 2012
Proposed Changes To The Investment Canada Act And Foreign Investment Review Process - Benefit Or Increased Burden For Foreign Investors?
Guidance on the Government of Canada’s approach to its review of foreign investment in Canada has been anticipated since November 2010.
25 Jun 2012
Updated Investment Canada Act And Competition Act Thresholds For 2012
A direct acquisition of control of a Canadian business by a World Trade Organization investor (or a Canadian business owned by a WTO investor) generally is only reviewable under the Investment Canada Act in 2012 where the Canadian business has assets with a book value of more than $330 million.
29 Mar 2012
Significant Changes To Canada´s Competition Law And Foreign Investment Regime
In our February 6, 2009 Osler Update, we drew attention to the important changes to the Competition Act and the Investment Canada Act proposed in Bill C-10, the Budget Implementation Act, 2009 of the federal government, which was introduced that day.
13 Mar 2009
Final Regulations In Effect For National Security Review Of Foreign Acquisitions Of U.S. Businesses
On December 22, 2008 final regulations adopted by the U.S. Department of the Treasury on national security reviews of acquisitions of U.S. businesses by foreign persons took effect.
22 Jan 2009
Sovereign Wealth Funds Among International Buyers In Canadian M&A Market
While the volume of big ticket M&A transactions appears to be on the rise as we enter the third quarter of 2008, it is unlikely that we will see the same number of deals as in prior years.
4 Dec 2008
Broader Range Of Foreign Investors And Transactions Subject To Scrutiny Under Proposed U.S. Regulations
In late April 2008, the U.S. Department of the Treasury published proposed regulations on national security reviews of acquisitions of U.S. businesses by foreign persons.
11 Jun 2008
Rejection Of Proposed Acquisition May Signal More Rigorous Enforcement Approach
On April 10, 2008 the Federal Minister of Industry, Jim Prentice, publicly confirmed that he has rejected the planned CDN$1.325 billion sale of MacDonald, Dettwiler and Associates Ltd.’s (MDA) Information Systems and Geospatial Service Operations division to U.S-based Alliant Techsystems Inc.
29 Apr 2008
U.S. Legislative Update: The Tax Increase Prevention and Reconciliation Act of 2005
On May 17, 2006, the President signed into law the Tax Increase Prevention and Reconciliation Act of 2005 (the Act). Touted as a $70 billion dollar "tax-cut package", the Act amends the Internal Revenue Code of 1986, as amended (the Code) by, among other things, extending certain temporary tax reductions and also implementing several new substantive provisions. This update provides a summary of some of the most noteworthy provisions of the Act, some of which are noteworthy cross-border developme
United States
13 Jun 2006
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