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Investment Canada Act

Version of section 23 from 2003-01-01 to 2009-03-11:


Marginal note:Notice of right to make representations and submit undertakings

  •  (1) Where the Minister is not satisfied, within the forty-five day period referred to in subsection 21(1) or within any extension period referred to in subsection 22(1), that an investment is likely to be of net benefit to Canada, the Minister shall send a notice to that effect to the applicant, advising the applicant of his right to make representations and submit undertakings within thirty days from the date of the notice or within such further period as may be agreed on by the applicant and the Minister.

  • Marginal note:Representations and undertakings

    (2) Where, after receipt of the notice referred to in subsection (1), the applicant advises the Minister that he wishes to make representations or submit undertakings, the Minister shall afford the applicant a reasonable opportunity, within the period referred to in subsection (1) for so doing, to make representations in person or by an agent and to give undertakings to Her Majesty in right of Canada, as the applicant sees fit.

  • Marginal note:Net benefit

    (3) On the expiration of the period referred to in subsection (1) for making representations and submitting undertakings, the Minister shall, in the light of any such representations and undertakings and having regard to the matters to be taken into account under subsection 21(1), forthwith send a notice to the applicant

    • (a) that the Minister is satisfied that the investment is likely to be of net benefit to Canada; or

    • (b) confirming that the Minister is not satisfied that the investment is likely to be of net benefit to Canada.


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