S-231
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
SENATE OF CANADA
BILL S-231
An Act to amend the Investment Canada Act (human rights violations)
first reading, March 31, 2009
THE HONOURABLE SENATOR GOLDSTEIN
4010823
SUMMARY
This enactment amends the Investment Canada Act to include violations of human rights, genocide, war crimes and crimes against humanity, committed by investors or in which investors have been involved, as factors to be taken into account in determining if an investment is of net benefit to Canada.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
senate of canada
BILL S-231
An Act to amend the Investment Canada Act (human rights violations)
1985, c. 28 (1st Supp.)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
INVESTMENT CANADA ACT
1. (1) Section 20 of the Investment Canada Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) the applicant or any related non-Canadian has committed, or been involved in the commission of,
(i) a violation of the human rights of any person; or
(ii) genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act.
(2) Section 20 of the Act is renumbered as subsection 20(1) and is amended by adding the following:
Definition of “related non-Canadian”
(2) In paragraph (1)(g), “related non-Canadian” means
(a) a non-Canadian who is related to the applicant within the meaning of section 251 of the Income Tax Act or who is affiliated with the applicant within the meaning of section 251.1 of the Income Tax Act; or
(b) any other non-Canadian prescribed for the purposes of this paragraph.
Application of Income Tax Act provision
(3) For the purposes of determining, under paragraph (2)(a), if a non-Canadian is related to or affiliated with the applicant within the meaning of section 251 or 251.1 of the Income Tax Act, governments and agencies of governments shall be deemed to be persons.
Clarification for sovereign funds, etc.
(4) Without limiting the meaning of “related non-Canadian”, if an investment is made, in whole or in part, by a fund of a government or agency of a government that is a non-Canadian or by a fund that is controlled or administered, directly or indirectly, by a government or agency of a government that is a non-Canadian, including a pension fund or other fund to benefit other persons, the government is a related non-Canadian for the purposes of paragraph (1)(g).
If a government is a related non-Canadian
(5) The following apply if a government is a related non-Canadian for the purposes of paragraph (1)(g):
(a) if the government is a national government, all other governments in the same country, including regional or municipal governments, are related non-Canadians for the purposes of paragraph (1)(g);
(b) if the government is not a national government, all other governments in the same country, including the national government, are related non-Canadians for the purposes of paragraph (1)(g); and
(c) all agencies of the government are related non-Canadians for the purposes of paragraph (1)(g).
TRANSITIONAL PROVISION
Application to investments
2. Paragraph 20(1)(g) of the Act, as enacted by subsection 1(1), applies with respect to an investment only if the application under section 17 of the Act in respect of the investment is filed on or after the day that paragraph 20(1)(g) of the Act came into force.
COMING INTO FORCE
Coming into force
3. This Act comes into force on the earlier of
(a) the day that is one year after the day on which it is assented to; and
(b) the day that the Governor in Council orders it into force.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada
Explanatory Notes
Investment Canada Act
Clause 1: (1) Relevant portion of section 20:
20. For the purposes of section 21, the factors to be taken into account, where relevant, are
. . . 
(e) the compatibility of the investment with national industrial, economic and cultural policies, taking into consideration industrial, economic and cultural policy objectives enunciated by the government or legislature of any province likely to be significantly affected by the investment; and
(f) the contribution of the investment to Canada’s ability to compete in world markets.
(2) New.