44th Parl. 1st Sess.
February 6, 2023 11:00AM
If one agrees in principle with a bill, and if one takes one's role seriously, not as a cabinet minister who is seized with government legislation but as a member of Parliament considering backbencher and private members' business, one should send to committee the legislation we agree with in principle and we could work out the details.
I am certainly open to amending the legislation based on the details, but surely we should not kill a bill at second reading that has merit in principle. We have just lived through our most serious health crisis ever, and here is a bill to make sure we are more prepared next time.
The conversation for today is that it sounds great, but we are going to kill it right now before we have experts, provincial ministers and PHAC attend committee. We do not actually want to think about this issue again. We just want to rail in a political way about an independent review.
Therefore, let me turn to the need for an independent review. Of course there should be an independent review. The NDP referenced SARS, and good on its members for referencing the independent SARS Commission led by then Justice Campbell. There was also a national advisory committee, which was a separate dual-track process under Health Canada, led by David Naylor. There were recommendations from that national advisory committee that were implemented ultimately by the government. That is why we have the Public Health Agency of Canada.
Forgive me if I am astounded at the lack of history from my colleagues who say we need some independent review, and therefore we need to kill this piece of legislation. No, we need both. In this particular instance, the core accountability to a law like this is not in the review function. That is laughable. The core accountability in this bill, Bill C-293, is parliamentary accountability. The government should be accountable to us as Parliament with respect to its pandemic prevention and preparedness efforts.
The member for Port Moody—Coquitlam said that we need more emphasis on nurses. Guess what. This bill would require that the government table, every three years, to us in Parliament, a pandemic prevention preparedness plan that speaks to supporting local public health and primary care capacity building. Yes, it speaks to nurses. It also speaks to the working conditions of essential workers across all sectors.
The government should be creating these pandemic prevention preparedness strategies and then tabling those strategies to us in Parliament. If we kill this bill, yes, it means we could rail about an independent review. However, it functionally means that it would be this government and future governments that would create those strategies, and they would not be accountable to Parliament for those strategies.
For the same reason, we need climate accountability legislation. It does not mean some independent review of how climate change is occurring. It means that the government is accountable to Parliament for its climate action plan. Similarly, for the accountability mechanism in this bill, the government is accountable to us for its prevention and preparedness strategies.
I heard my colleague from Regina—Lewvan read out the “one health” approach and say that maybe it was a good idea but it sounded too international for him. We literally have a one health approach in Health Canada to prevent antimicrobial resistance.
If people are going to vote against this bill, please, just read it first. Do not read it for the first time in Parliament, while railing against it. We need a pandemic prevention preparedness plan, full stop. We need accountability to Parliament, full stop. All members know I have supported not only Conservative bills but also NDP bills to get to committee. My instinct and my role in this place, and I hope members see their role in the same way, is to get bills that we agree with in principle to committee so we can improve them.
Thanks for the time. I hope we all change our minds.
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- Feb/6/23 11:55:56 a.m.
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The question is on the motion.
If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.
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- Feb/6/23 11:56:32 a.m.
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Madam Speaker, we would request a recorded vote, please.
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Pursuant to order made on Thursday, June 23, 2022, the division stands deferred until Wednesday, February 8, at the expiry of the time provided for Oral Questions.
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- Feb/6/23 11:57:24 a.m.
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Is there unanimous consent to suspend the sitting until 12:01 p.m. and reconvene at that time?
Some hon. members: Agreed.
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Madam Speaker, today I rise to speak to Bill C-34, an act to amend the Investment Canada Act.
Bill C-34 implements a set of amendments to improve the national security review process of foreign investments and modernize the Investment Canada Act. Collectively, these amendments represent the most significant legislative update of the ICA since 2009.
These amendments would also ensure that Canada's review process is consistent with those of our allies. This consistency is something that business owners and stakeholders within the riding of Waterloo have also spoken to me about. It is something that is important to them, as Canada is a trading nation and being aligned with our allies is something of importance.
Canada has a long-standing reputation for welcoming foreign investments and a strong framework to promote trade, while advancing Canadian interests. In fact, Canada has one of the earliest and most robust screening processes for foreign investments in the world.
For some history, the Investment Canada Act was enacted 38 years ago in 1985, to encourage investment in Canada that contributes to economic growth and employment opportunities. The act allows the government to review significant foreign investments to ensure that these benefits exist. The act was updated in 2009 to include a framework for a national security review of foreign direct investments. Since then, and for the longest time, the ICA has been one of the only pieces of legislation in the world that provides a reviewing mechanism for the net benefit and national security threats of foreign direct investments.
It is clear that the federal government has long played a leadership role in setting a framework for investment review that attracts needed positive foreign direct investments without compromising on national security. However, the world looks a lot different now than it did in 2009. The global market has rapidly changed along with shifting geopolitical threats. Canada is growing and our interactions with the rest of the world are changing.
The government has seen a rise in state-sponsored threat activities from hostile state and non-state actors. They are attracted by Canada's technologically advanced open economy and world-class research community. This is something we know very well in the riding and region of Waterloo.
The level of sophistication of these threats has also increased. Hostile state and non-state actors are deliberately pursuing strategies to acquire goods, technologies and intellectual property through foreign investments that could damage Canada's economy and undermine national security while possibly controlling the supply chains of critical goods. These concerns are real and are why debating and advancing legislation is necessary.
The COVID-19 pandemic has created additional vulnerabilities that could lead to opportunistic and potentially harmful investment behaviour by foreign investors. In response, the government has taken swift, concrete action to enhance scrutiny on inbound investments related to public health and critical goods and services. The government has again taken action recently by enhancing scrutiny on investments involved in sensitive goods and technology, such as critical minerals, critical infrastructure and sensitive personal data.
Through these investments, the government is prepared to once again take action to strengthen the national security review, while allowing for positive foreign investments. Canada is a trading nation and we work with international allies. The reality is that economic-based threats to national security are an area of increasing concern, not just for Canada but for our allies as well.
Other jurisdictions internationally are moving in response to the shifting geopolitical threats either by amending or by putting in place new investment screening regimes. Our action is needed to bring Canada into greater alignment with our international partners and allies. For example, I understand that Australia has updated its laws on foreign direct investment. It made a prominent change by introducing authorities to protect national security in January 2021. These include fresh powers for the Australian government to require mandatory notification for transactions involving a national security business before the transactions are closed.
Additionally, the United Kingdom introduced a new stand-alone regime on national security and investment in January 2021. The act creates, for the first time in the U.K., a mandatory obligation to secure clearance for transactions that acquire control of a business in around 17 specified and sensitive sectors before they are completed.
The U.K. has also introduced legislation that allows the government to impose interim orders while the review is being conducted, preventing foreign investors from obtaining confidential information or accessing sensitive sites or assets until the review is complete.
Our cousin to the south, the United States of America, overhauled its foreign direct investment laws in 2018. The amendments added new types of transactions subject to government review and, for the first time ever, mandated notification of transactions involved in critical technologies, certain critical infrastructures or sensitive personal data of American citizens. New regulations fully implementing the act took effect in February 2020.
The proposed amendments in Bill C-34 would address the concerns we have heard from Canadians and which have been echoed by our allies. The proposed amendments in Bill C-34 would address these concerns by introducing new preimplementation filing requirements for specified investments, as well as the power to implement interim conditions during national security review of the investment.
This would provide Canada with the new governance capacity to address the increasingly complex threat landscape. Bill C-34 would also ensure that Canada's foreign direct investments screening regime remains world-leading.
As I have shared, Canada and our allies share similar national and economic security concerns. They are concerned with threat actors acting and operating in multiple jurisdictions to secure a monopoly in critical assets and technology.
It is becoming increasingly important to share information with allies and support national security assessments to prevent these threats from happening.
Previously, the minister had limited capacity to share case-specific information with international allies. Bill C-34 would introduce the authority for more threat information sharing by the minister with international counterparts for national security reviews.
This could help both Canada and our partners defend against an investor who may be active simultaneously in several jurisdictions and be seeking same sensitive technology or critical assets.
For example, the amendment would allow the minister to reach out to a foreign partner and disclose information about the investor to gain additional information and to support Canada's own national security assessment. That said, Canada would not be obligated to share such information where there are confidentiality or other concerns.
There is never a shortage of critics, but this legislation is about making sure that Canada welcomes foreign investment and trade that encourages economic growth, innovation and employment opportunities in Canada for Canadians.
I believe that this approach is pragmatic and principled, and provides a coherent and solid framework to address evolving geopolitical threats while allowing Canada's review regime to be more aligned with our international allies. If there are ways to make this legislation better, I believe we have the opportunity now to work together to make that happen.
We are currently at second reading. This legislation is being debated in the House. To see it go to committee where it can be further scrutinized, where witnesses can attend and appear and amendments can be made, would really allow for this legislation to work for more of the Canadian economy.
With Bill C-34, Canada would continue to encourage positive investments without compromising national security. I think it is really good that this legislation is being debated as a stand-alone piece of legislation, where we actually can get into the details of what would work better, because it is important we have legislation that promotes and supports foreign investment but also makes sure we do not compromise national security.
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Madam Speaker, I know that the hon. member has been a cabinet minister, so I would like to ask her this question in the context of her time in cabinet.
This bill would remove the minister's responsibility to go to cabinet to actually seek agreement to do a national security review and would remove them from having to report back to cabinet on that, unless they deem it to be a national security review.
Do you think that removing cabinet from the process of determining that will help, because in the past, this government, which I think you were in the cabinet for—
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- Feb/6/23 12:12:04 p.m.
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I was not anywhere. I thank the member for correcting himself. That is just a reminder.
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Madam Speaker, the government for which the member was in cabinet actually approved two acquisitions. One was Hytera acquiring Norsat, and the other was a Chinese state-owned enterprise acquiring a mining entity that has 65% of Canada's lithium production. The government approved those without a national security review. There is nothing in this bill that would change that, especially if the minister does not have to go to cabinet.
I would like the member's views on that.
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Madam Speaker, I think in my comments that I shared today I did state there will never be a shortage of critics, and it is important that we debate and that we make sure this legislation right. This is about the economic and national security of Canada. Foreign investments and trade are necessary for Canada's economic growth and employment opportunities, but need to be done while protecting Canada's national interests. I think that is why looking at this legislation is really about making sure the way we move forward is better for Canadians, for Canada's economy and for ensuring our national security. I think the member knows very well that we do have a process, and that this is the time for providing feedback that is going to improve this legislation. That is why the member was elected. He was not elected only to oppose, but also to debate how we make legislation work better for his constituents, my constituents, our constituents and our country, and this is the time to do it.
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Madam Speaker, I want to commend the speech given by the member opposite in support of Bill C‑34, which gives the Minister of Innovation, Science and Industry a little bit more power to review foreign investments. That in itself will be good for national security. However, I do not think we should limit ourselves to national security, but rather, I think other criteria should be added for reviewing an investment.
On the subject of investment review, my colleague across the aisle used to be a cabinet minister in this government, and I remember one particular case at that time, the sale of Rona, that required a government review. Before authorizing the sale, the net benefit had to be reviewed. It was not a matter of national security, but the net benefit still had to be reviewed.
We submitted an access to information request to find out the contents of that mysterious net benefit review. The response that came back was that there was no documentation that corresponded to our request.
I cannot help but wonder whether this government's reviews really are all that rigorous, or are they done based on the weather forecast or a coin toss.
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Madam Speaker, I think it is time that we actually debated this bill. We need to make sure that there are solutions and processes in place that will work for more Canadians.
I would say that, yes, we can always look at what has taken place in the past. We can also ask how we go about it to make sure we have systems in place so these concerns the member is raising are addressed and to make sure information is available, and then that we move forward in that way. I think that is why this legislation today is a stand-alone piece of legislation. It is not within a budget bill. It is not within something else. It is one piece of legislation we are debating because of the importance of the topic. I think everything the member has to contribute is important, and I think that once this legislation gets to committee, we can ensure that any of the concerns he is raising are addressed. I am sure the government looks forward to working with him.
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Madam Speaker, I want to get a perception of where the Liberals might be open for amendments on this. I remember coming to this place and watching Paul Martin sell off Petro-Canada, an example of foreign investment and not having any types of concerns. In fact, this issue was first raised with China Minmetals. We brought that to committee, because it was actually buying up part of the Canadian oil sands. Subsequently, we watched iconic companies like Nortel disappear. We have watched Future Shop, Zellers and Rona, for example.
I would like to ask the member whether or not the government now has at least a perception or thought that consumer, and also market, issues in Canada are part of national security when we actually block Canadians from having competition and also subsequently lose products because we allow these takeovers to take into the market of consumerism.
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Madam Speaker, I would have to say that I am elected to represent the riding of Waterloo, and Waterloo is world-renowned for innovations and technologies. The member mentioned Nortel, and I remember very well the impact that had within my community. It is 2023, and I am still carrying a Blackberry to support my local economy and that brainpower. I would like to assure the member that I am confident that this government is always open to amendments. I think we have demonstrated many times that we can work together in the best interest of Canadians. I would like to encourage him to, as he has done in the past, continue working together to find the best way forward, because when our constituents and our country benefit, we all win.
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Madam Speaker, I will be splitting my time today with the hon. member for Calgary Shepard.
To understand the significance of our debate on Canada's future prosperity and security, we only needed to look up over the weekend as the Chinese spy balloon floated at 60,000 feet from Alaska over to Canada and into Montana. It was shot down by a few F-22s and plummeted into the Atlantic Ocean by South Carolina, carrying its cameras and equipment. China wants what the West has, and it will go to new heights to get it. It is a sign of the new world.
Just as it is for America and our major trading partners, the future of our country, Canada, is in protecting our sovereignty, our land, farms, natural resources and technological assets in IP while simultaneously attracting foreign investment that benefits Canadians into the country. The Investment Canada Act continues the government's trend of coming late to the party with changes that try to catch Canada up without a serious strategy to advance Canada into the modern era. The result is not just a balloon's bubble bursting over the weekend but the threat of Canada's bubble bursting too if we do not do this the right way.
Conservatives believe that the right way to create paycheques for Canadians is a strategy that encourages made-in-Canada and grown-in-Canada products. This strategy would ensure that our companies, resources and IP stay in Canada, as well as that any investments in Canada benefit Canadians and our people, companies and resources across all our ridings and our regions.
I am sure we are all familiar with the story of The Giving Tree. A boy and a tree were friends, and as he grew up, he would eat the apples and climb on the tree. When he was older, he would ask the tree for its apples to sell for money, and he would take all the fruit away. He would use the branches to build a house and take all the branches away. He would come back later in life to ask for the trunk because the man wanted to build a boat, and the tree gave all that. At the end, the man came back and all that was left was the stump.
Canada has given away large swaths of land and agriculture, fisheries and infrastructure. We have given away a lot of our IP without investing in ourselves. What Canadians are left with is the stump. We have IP leaving the country. Our colleague from Waterloo just spoke about IP. It is missing from this bill. There are alarming statistics about how much of our intellectual property leaves. The University of Waterloo says that 75% of its software engineering grads get pilfered and leave Canada to go to the U.S.
The U.S. has 169 times the IP production of Canada. Canada produces $39 billion of IP, but the U.S. produces $6.6 trillion. We are not developing, protecting or commercializing our IP. We are about to do a study in science and research. We have what is called “the valley of death”. Our intellectual property gets pilfered and comes to belong to someone else, not Canadians.
We have the largest gaps in the world. The OECD has forecasted that Canada will have one of the worst-performing economies in the developed world in the next century. Canada has not been able to keep up with the world when it comes to IP and a knowledge-based economy. Canadian policy is still firmly grounded in industrial-era concepts, and it is failing to develop national strategies for IP and data. China developed 30,000 patents in AI last year alone. Canada has developed fewer than 30,000 patents in all its advancements.
The future of Canada needs to be protected in the airwaves, blockchain, AI, quantum computing, the sky overhead and the Arctic. It needs to be protected in our farms, food-processing plants, genomics, oceans and fisheries, as well as in developing Canadian LNG, which the world wants. Going back to The Giving Tree story, unlike the government, figuratively and literally, the Conservatives would just plant more trees, especially the trees they said they would. The world wants what Canada makes, and we have what the world needs. When we give the world what Canada makes, Canadians make paycheques and Canadians benefit.
This bill has a long way to go. Is it flawed? Yes, it is. Can Conservatives agree to do something with it? Sure we can. Can we create a new pre-closing filing agreement? Sure, that makes sense. Can we have increased penalties for non-compliance? Yes we can, as long as we are calling these companies out. Can we have improved information sharing? Sure we can, as long as we are acting on it. Closed-court proceedings are a red flag. Why do we need to have secretive closed-court proceedings?
One alarming sentence in this bill includes the words secret “evidence”. That is really concerning. New ministerial powers are also a red flag; we have concerns about that. There is no mention of protection for intangible assets, such as intellectual property, which is the backbone of our knowledge-based economy.
This bill does not address or lower the thresholds for national security reviews of state-owned enterprises. This will allow for even further control of our economy by Communist China. This bill does not address dropping the threshold for state-owned or state-controlled enterprises to zero, nor does it address automatic national security reviews of companies based in nations that threaten Canada.
If a company is based in, controlled by or owned by a country that has a heightened need for a national security review, we should review all proposed activity in Canada. We cannot allow control of any critical or strategic sectors to fall into these nations' hands.
The main threat of state-owned industries is from Communist China, which will ruthlessly use its companies to advance its long-term national interests. This was stated at INDU; Professor Balding testified at committee that every year, the Chinese government makes a list of assets for Chinese companies to acquire. If that is not an alarming statement, I am not sure what is.
For example, let us take our critical minerals. China is eating the world's lunch when it comes to critical minerals. China controls 80% of lithium and 66% of cobalt, yet the government is pushing for electric vehicles. It is even mandating that only electric vehicles are to be sold in Canada by 2035. However, it is allowing the sale of critical minerals that are central to those EVs to Chinese state-owned companies.
Last spring, the sale of Neo Lithium was allowed without a security review. This was a Canadian-owned company, and it was sold to China. Many Canadians would be alarmed to know that Canada only has one functioning lithium mine, and it is owned by China. Fossil fuels will be weaponized next along with critical minerals, and members can bet on that.
The member for South Shore—St. Margarets highlighted how state-owned companies are controlling parts of our infrastructure and our critical fisheries industry, including controlling or owning the majority of the Halifax airport.
It does not stop at corporate takeovers. Huawei created 17 research partnerships with Canadian universities. This week it was revealed that taxpayer-funded universities have been partnering with the Chinese National University of Defense Technology for the past five years. That included quantum cryptography, photonics and space science. IP that we were funding with taxpayer dollars went to Chinese military scientists.
Huawei, the Chinese company that makes the tower technology, was banned by U.S. carriers in 2018. It took us until 2022 to follow suit. Why? In 2018, the heads of major U.S. intelligence agencies warned Americans against Huawei. In the U.S., some of the things the FBI uncovered pertained to Chinese-made Huawei equipment atop cellphone towers near U.S. military bases and close to critical infrastructure.
Beijing has been leaning on expatriate Chinese scientists. Lately, we have heard reports of Chinese police stations here in Canada.
This bill would remove oversight and proper security from national security review processes under the Investment Canada Act. We need to look at this open versus closed court process. Why the secrecy? Why do we need to tuck this away? Why can we not have these proceedings in the open?
The bill would give the minister the sole power to create a list of industries which will be subject to automatic national security reviews. We all know what sectors should be protected: health, pharmaceuticals, agrifood and agriculture, fisheries, manufacturing, natural resources, IP, innovation, AI and data. The government should commit to protecting those vital sectors.
However, we have no idea what will be on that list with all the power being in the minister's office and having that taken away from cabinet. We saw what happened with Rogers-Shaw and Globalive, and we have certainly seen what has happened with McKinsey.
The future of this country depends on a made-in-Canada strategy that, in some ways, mirrors the Chinese spy balloon that flew over Canada last week, which looked at Canada with bold strategies from a 60,000-foot view.
A Conservative government would focus on growing the economy that provides paycheques to Canadians by focusing on products that are made in Canada and grown in Canada, as well as strategies to ensure our resources, IP, people and talent stay in Canada and are protected.
There is investment and there is theft, and there is no room for theft. We want to encourage investment that brings real benefit to Canadians, including in their paycheques, their savings and their lives. We want to ensure that we have greater prosperity for our region and that this is for Canadians, not just for China.
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Madam Speaker, when I look at the legislation, I see the modernization of an act that would provide better transparency.
We have seen a great deal of investment over the years. The Minister of Innovation, Science and Industry talked about some significant investments in just the last number of weeks. The member referred to the battery industry and its potential growth, as well as how Canada is actually leading many other countries. I believe it is somewhere around number two or three in the world.
There are many investors who want to continue to come to Canada. Could the member reflect on the potential of some of those industries and why it is so important that we modernize the legislation to provide more clarity?
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Madam Speaker, certainly we want Canada to lead the world not only in battery production but also in battery manufacturing. The problem with Canada, over so many years, is that Canada has become a branch-plant factory. We bring multinational corporations in, and this provides jobs. However, we are certainly not helping Canadian companies develop critical minerals and then manufacture those minerals in Canada.
As I mentioned, Canada has one lithium mine, and it is owned by China. Canada is certainly working on having Volkswagen and other great companies come in here to manufacture, but where are the Canadian companies? How are we helping Canadian companies grow?
The result is that we want GDP per capita, which means paycheques for Canadians, to go up. That means growing Canadian companies, investing in Canadian critical minerals and ensuring that Canada benefits, not solely the rest of the world.
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Madam Speaker, I listened intently to my colleague's speech. He had a lot to say about China, and rightly so, in my opinion. I think we should all be concerned about China's actions and its investments, which do not always comply with our laws.
However, not all investment is from China. Many other countries invest. Under the Investment Canada Act, which is what we are debating today, when a major investment is made in Canada, the minister has to review it and determine whether it is of net benefit to Canada. There are both national security and net benefit to Canada considerations.
In 2021-22, over 1,200 notifications of investment were received, which is a lot. Only eight of those—less than 1%—were reviewed. The government has a rose-coloured view of the situation and is not doing its job.
What are my colleague's thoughts on that?
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Madam Speaker, I agree 100%. In my speech, I mentioned lowering the thresholds, and we should probably be looking at most investments.
Most importantly, Canada needs to be proactive. We need to look at acquiring and attracting investments. We want investment in Canada. My speech focused on wanting Canadians and Canadian companies to benefit, and they do benefit from international investment. They benefit as long as there is investment in Canadian companies that will grow and stay in Canada and we protect the IP that is here.
Certainly, I agree with the member on lowering thresholds. We should look at almost all investments that come to Canada because we should be in control of those investments. If Canada is going to grow and prosper, we are also attracting investment in Canada. This means that we know where the investments need to go. It means making sure that those Canadian companies, that IP, stays in Canada and that Canadian companies are growing here in Canada.
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Madam Speaker, listening to the Conservatives talk about jobs, trade and supporting Canada is like looking into the distortions of a funhouse mirror.
I remember when Stephen Harper sold off $15 billion of the oil sands to a Chinese state company and when he signed a secretive free trade agreement with China that allowed Chinese state companies to sue any level of government in Canada. The Conservatives stood up and told us this was a great thing. Can members imagine the Americans ever allowing Chinese state companies to sue their states or their municipalities? However, that is what the Conservatives did.
When they talk about supporting Canadian mining, it was Tony Clement who allowed two of Canada's greatest companies, Inco and Falconbridge, to be taken over by corporate raiders. The Conservatives would not stand up for Canadian jobs then. It is a little rich to hear the Conservatives suddenly saying that they are going to stand up to China and they are going to stand up for jobs when Stephen Harper sold us down the river every step of the way in order to favour his friends in the Chinese state companies.
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