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Canadian companies in a variety of industries—particularly natural resources and manufacturing—may be attractive prospects for international investors, but, in recent years, a number of high-profile investments have come under increased public scrutiny and debate.

Like most countries, Canada applies a measure of control over investments made in domestic industries by foreign entities. With the Investment Canada Act, the government seeks to ensure that any foreign investment will have a net positive effect on economic growth in the country, protects Canadian jobs, and is not detrimental to national security or culture. The Act also ensures direct foreign investment does not unduly impact the competitive environment in any given industry.

The process for making such a significant investment may involve a number of stakeholders including federal and provincial governments, and navigating this maze can be complex. Canada remains fundamentally "Open for Business" and foreign direct investment is key to Canadian prosperity, but the investment regulatory process requires careful navigation.

International companies seeking to invest in Canadian enterprises, along with the targets of these acquisitions, require legal counsel with significant expertise with the process. McMillan's Competition and Antitrust Group has deep experience navigating the rules, regulations and processes that govern such transactions. We work with foreign companies in a wide range of industries as they seek to acquire Canadian entities, and with Canadian companies that are the subjects of potential acquisitions by foreign investors.

McMillan professionals help clients lead by:

Advising on the application of the Investment Canada Act with regards to proposed business transactions
Guiding them through the regulatory review process
Providing advice with respect to government relations issues
Negotiating appropriate undertakings to achieve approval
Assisting with compliance reports on undertakings
Obtaining ministerial opinions regarding non-reviewability
Providing counsel to governmental agencies and regulators

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