National Security Review of Investments Regulations (SOR/2009-271)

Regulations are current to 2017-11-20 and last amended on 2015-03-13. Previous Versions

National Security Review of Investments Regulations

SOR/2009-271

INVESTMENT CANADA ACT

Registration 2009-09-17

National Security Review of Investments Regulations

P.C. 2009-1596 2009-09-17

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry and the Minister of Canadian Heritage, pursuant to subsections 35(1) and (1.1)Footnote a of the Investment Canada ActFootnote b, hereby makes the annexed National Security Review of Investments Regulations.

Interpretation

Definition of Act

 In these Regulations, Act means the Investment Canada Act.

Prescribed Periods

Marginal note:Minister’s notice

 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 day on which the investment first comes to the Minister’s attention and ending 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 day 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 day on which the investment first comes to the Minister’s attention and ending 45 days after the day on which it is implemented.

Marginal note:No order for review

 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 period referred to in section 4 expires and ending five days after that day.

Marginal note:Order for review

 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 on which the notice is sent and ending 45 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 day on which the investment first comes to the Minister’s attention and ending 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 day 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 day on which the investment first comes to the Minister’s attention and ending 45 days after the day on which it is implemented.

  • SOR/2015-65, s. 1.
Marginal note:Ministerial action

 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 subsection 25.3(1) of the Act is made by the Governor in Council and ending 45 days after that day.

Marginal note:Extension

 For the purposes of subsection 25.3(7) of the Act, the prescribed period is the period beginning on the day on which the notice is sent to the non-Canadian and ending 45 days after that day.

  • SOR/2015-65, s. 2.
Marginal note:Governor in Council order

 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 is referred to the Governor in Council by the Minister and ending 20 days after that day.

  • SOR/2015-65, s. 2.

Prescribed Investigative Bodies and Classes of Investigative Bodies

Marginal note:Investigative bodies

 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;

  • (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.

  • SOR/2015-65, s. 3.

Transitional Provisions

Marginal note:Minister’s notice
  •  (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.

  • Marginal note: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

Marginal note:Registration

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

 
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