Liberalizing the Investment Canada Act: Striking the Right Balance Between Investment and Economic Security
Liberalizing the Investment Canada Act: Striking the Right Balance Between Investment and Economic Security TREVOR NEIMAN * I. INTRODUCTION nada thinks of itself as a country open to foreign direct investment (“FDI”).1 The federal government has created several programmes and C organizations, as well as entered into numerous international agreements, to increase the country’s attractiveness as an investment destination.2 At the same time, territorial, provincial, and municipal governments compete aggressively to attract FDI. Sub-national governments offer investors a number of incentives to invest locally, including tax holidays, * Trevor Neiman is a JD Candidate at the University of Ottawa. Previously, MPA (Queen’s), BAH (Queen’s). 1 See J Anthony VanDuzer, “The Legal Protection of Foreign Investment” in Wenhua Shan, ed, The Legal Protection of Foreign Investment: A Comparative Study (Oxford: Hart Publishing, 2012) 173 at 174 [VanDuzer, “Legal Protection”]. 2 Most recently, Canada launched “Invest in Canada”, a new federal organization dedicated solely to attracting global investment in Canada. See Canada, Global Affairs Canada, Government of Canada launches Invest in Canada to attract global investment and create jobs, News Release (Ottawa: GAC, 2018). In terms of international agreements, Canada is a member of the World Trade Organization and is subject to obligations related to investment, including the General Agreement on Trade in Services (“GATS”) and the Agreement on Trade-Related Investment Measures (“TRIMS”). Canada has also signed and implemented a number of bilateral and regional trade agreements that provide foreign investors with rights in Canada, including the NAFTA. In addition to trade agreements, Canada is a party to a large number of double taxation agreements to promote investment.
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