1. Skip to navigation
  2. Skip to content
  3. Skip to sidebar

Legal Guide

There are certain business sectors for which the Canadian government has maintained policies that are,
to a greater or lesser extent, restrictive of foreign investment. These policies apply whether or not the investor is from a country that is a member of the WTO. In some cases, the policies are effectively implemented through the review process under the Act. In other cases, the policies take specific statutory form and, as such, operate of their own force and without reference to the Act. For example, there are a number of policies issued by the Department of Canadian Heritage, which has jurisdiction for review of all investments in Canadian businesses that are involved in activities relating to Canada’s national heritage or cultural identity. These policies include limitations on foreign investment in such businesses and outline factors that will be considered during the review process. Specifically, there are policies relating to the publication, distribution or sale of books, magazines or periodicals, as well as the production, distribution, sale or exhibition of film
or video, which must be considered when the Canadian business subject to the investment is involved in
any of these business activities.

The restrictive rules on foreign investment that have been incorporated in federal statutes include those in relation to broadcasting, telecommunications and certain types of financial services. The level of permitted foreign investment through an acquisition in one of these businesses can be even less than the one-third that would be permitted, without approval, by the terms of the Act. There are no procedures for obtaining approval for investments above the statutory limit because the foreign investment rules for these businesses do not involve a review process, but rather an absolute prohibition of foreign investment above a fixed level.

Additional posts from the blog



Canada’s Anti-Spam Law – New Guidance on Offering Apps, Software

by Margot Patterson

CASL also prohibits installing a “computer program” – including an app, widget, software, or other executable data – on a computer system (e.g. computer, device) unless the program is installed with consent and complies with disclosure requirements. The provisions in CASL related to the installation of computer programs will come into force on January 15, 2015.



Environment Canada issues Hydrofluorocarbon reporting requirement

by Nalin Sahni

On April 7, 2014, the Minister of the Environment issued a Notice with respect to hydrofluorocarbons (the “Notice”), pursuant to the Canadian Environmental Protection Act, 1999. The Notice imposes reporting requirements on those who imported, exported, or manufactured certain hydrofluorocarbons (“HFCs”) from 2008 and 2012. A non-exhaustive list of HFCs subject to these reporting requirements can be found in Schedule 1 of the Notice.



“Oh, what a tangled web we weave when first we practice to deceive.”

by Andy Pushalik

In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts sent by a rogue employee to another of its workers.

Privacy Policy | Terms of Use

© 2018 Dentons