Amendments

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On August 2, 2022, amendments to the National Security Review of Investments Regulations will come into force, creating a voluntary filing mechanism for investors who do not currently have a filing obligation under the Investment Canada Act (the “Act”). These amendments will also extend the initial national security review period from 45 days to five years for all investments by non-Canadians who choose not to make a filing.

The federal government first proposed these amendments in the Canada Gazette on February 12, 2022. The amendments as posted in the Canadian Gazette on June 3, 2022 are unchanged from the February proposal, aside from the coming into force date.Continue Reading Canada to Permit Voluntary Filings Under National Security Provisions of Its Investment Canada Act

The Trudeau government’s plan for a quick and easy win on competition law reform owing to public pressure to tame the large digital platforms will result in significant changes to the Competition Act being pushed through with little to no scrutiny because there is not enough time to properly consult and debate the proposed reforms under the Budget Implementation Act (“BIA”) process.  While Justin Trudeau campaigned to control the use of omnibus budget bills, he continues their use even for significant amendments to economic framework legislation. 
Continue Reading Rapid passage of Competition Act amendments through Budget Implementation Act process can cause more harm than good

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully evaluate potential ways to improve its operation. This included, among other things, adapting the law to today’s digital reality to better tackle emerging forms of harmful behaviour in the digital economy; tackling wage-fixing agreements; modernizing the penalty regime to ensure that it serves as a genuine deterrent against harmful business conduct; more clearly addressing drip pricing; increasing access to justice for those injured by harmful conduct; and fixing loopholes that allow for harmful conduct. During an interview with the Toronto Star, the Minister suggested that this was the first step in a “comprehensive” review of the Act.
Continue Reading Significant Amendments to Competition Act Coming Soon

On September 20, 2021, Canadians will head to the polls to elect a new House of Commons. All of Canada’s major political parties have released political platforms which outline their plans to revise and, at least in their view, improve Canadian competition law and policy. Depending on which party is ultimately elected (and whether they win a majority), competition law in Canada may see some significant changes, including more serious penalties for existing offences and reviewable practices, as well as a few new ones.
Continue Reading How will the outcome of the 2021 Federal Election impact Competition Law in Canada?