Vol. 143, No. 28 — July 11, 2009

National Security Review of Investments Regulations

Statutory authority

Investment Canada Act

Sponsoring departments

Department of Industry and Department of Canadian Heritage

REGULATORY IMPACT
ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see Regulations Amending the Investment Canada Regulations.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsections 35(1) and (1.1) (see footnote a) of the Investment Canada Act (see footnote b), proposes to make the annexed National Security Review of Investments Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Colette Downie, Director General, Marketplace Framework Policy Branch, Industry Canada, C. D. Howe Building, Floor 10E, Room 1046A, 235 Queen Street, Ottawa, Ontario, K1A 0H5 (tel.: 613-952-0211; fax: 613-948-6393; e-mail: Colette.Downie@ic.gc.ca).

Ottawa, June 18, 2009

JURICA ČAPKUN
Acting Assistant Clerk of the Privy Council

NATIONAL SECURITY REVIEW OF
INVESTMENTS REGULATIONS

INTERPRETATION

Definition of “Act”

1. In these Regulations “Act” means the Investment Canada Act.

PRESCRIBED PERIODS

Minister’s notice

2. For the purposes of subsection 25.2(1) of the Act, the prescribed period is

(a) in respect of an investment referred to in section 11 of the Act, the period beginning on the date on which the investment first comes to the Minister’s attention and ending 45 days after the day on which the investment is implemented or, if it is later, 45 days after the certified date referred to in subsection 13(1) of the Act;

(b) in respect of an investment referred to in section 14 of the Act, the period beginning on the date on which the investment first comes to the Minister’s attention and ending 45 days after the certified date referred to in subsection 18(1) of the Act; and

(c) in respect of any other investment, the period beginning on the date on which the investment first comes to the Minister’s attention and ending 45 days after the day on which it is implemented.

No order for review

3. For the purposes of paragraph 25.2(4)(a) of the Act, the prescribed period is the period beginning on the day on which the time period referred to in section 4 expires and ending five days after that day.

Order for review

4. For the purposes of subsection 25.3(1) of the Act, the prescribed period is

(a) if the Minister sends a notice referred to in subsection 25.2(1) of the Act to the non-Canadian, the period beginning on the day the notice is sent and ending 25 days after that day; or

(b) if the Minister does not send a notice referred to in subsection 25.2(1) of the Act to the non-Canadian

(i) in respect of an investment referred to in section 11 of the Act, the period beginning on the date on which the investment first comes to the Minister’s attention and ending 45 days after the day on which the investment is implemented or, if it is later, 45 days after the certified date referred to in subsection 13(1) of the Act,

(ii) in respect of an investment referred to in section 14 of the Act, the period beginning on the date on which the investment first comes to the Minister’s attention and ending 45 days after the certified date referred to in subsection 18(1) of the Act, and

(iii) in respect of any other investment, the period beginning on the date on which the investment first comes to the Minister’s attention and ending 45 days after the day on which it is implemented.

Ministerial action

5. For the purposes of subsection 25.3(6) of the Act, the prescribed period is the period beginning on the day on which the order for review under 25.3(1) of the Act is made by the Governor in Council and ending 45 days after that day.

Governor in Council order

6. For the purposes of subsection 25.4(1) of the Act, the prescribed period is the period beginning on the day on which the investment was referred to the Governor in Council by the Minister and ending 15 days after that day.

PRESCRIBED INVESTIGATIVE BODIES AND
CLASSES OF INVESTIGATIVE BODIES

Investigative bodies

7. For the purposes of subsection 36(3.1) of the Act, the following are prescribed investigative bodies or classes of investigative bodies:

(a) Department of Industry;

(b) Department of Canadian Heritage;

(c) Department of Public Safety and Emergency Preparedness;

(d) Canadian Security Intelligence Service;

(e) Royal Canadian Mounted Police;

(f) Canada Border Services Agency;

(g) Communications Security Establishment, Department of National Defence;

(h) Department of National Defence;

(i) Department of Foreign Affairs and International Trade;

(j) Department of Justice;

(k) Department of Natural Resources;

(l) Department of Transport;

(m) Canada Revenue Agency;

(n) Privy Council Office;

(o) Department of Public Works and Government Services;

(p) Public Health Agency of Canada;

(q) Department of Health;

(r) Department of Citizenship and Immigration;

(s) Department of Finance; and

(t) all provincial, regional and municipal police forces.

TRANSITIONAL PROVISION

Minister’s notice

8. (1) For the purposes of subsection 25.2(1) of the Act, the prescribed period is the period beginning on the day on which these Regulations come into force and ending 60 days after that day if

(a) the certified date respecting an investment referred to in paragraph 2(a) falls within the period beginning on March 12, 2009 and ending on the day on which these Regulations come into force;

(b) the certified date respecting an investment referred to in paragraph 2(b) falls within the period beginning on February 6, 2009 and ending on the day on which these Regulations come into force; or

(c) the day on which an investment referred to in paragraph 2(c) is implemented falls within the period beginning on March 12, 2009 and ending on the day on which these Regulations come into force.

Governor in Council review

(2) For the purposes of subsection 25.3(1) of the Act, if the Minister does not send a notice under subsection 25.2(1) of the Act, the prescribed period is the period beginning on the day on which these Regulations come into force and ending 60 days after that day if

(a) the certified date respecting an investment referred to in subparagraph 4(b)(i) falls within the period beginning on March 12, 2009 and ending on the day on which these Regulations come into force;

(b) the certified date respecting an investment referred to in subparagraph 4(b)(ii) falls within the period beginning on February 6, 2009 and ending on the day on which these Regulations come into force; or

(c) the day on which an investment referred to in subparagraph 4(b)(iii) is implemented falls within the period beginning on March 12, 2009 and ending on the day on which these Regulations come into force.

COMING INTO FORCE

Registration

9. These Regulations come into force on the day on which they are registered.

[28-1-o]

Footnote a
S.C. 2009, c. 2, s. 456

Footnote b
R.S., c. 28 (1st Supp.)

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