Filing Requirements
If you are making a new investment in Canada and you are a non-Canadian you must file either a Notification or an Application for Review. The Investment Canada Act is administrated by the Investment Review Division of Industry Canada. Dual filing requirements exist for all Cultural Investments in Canada.
Filing a Notification
Following is an overview of the process of filing a notification. Links to online forms are also available. The information comes directly from Industry Canada.
Does the Investment Canada Act apply to me?
If you are not a Canadian citizen or a permanent resident, within the meaning of the Immigration Act (ie. a person who has been ordinarily resident in Canada for not more than one year after the time at which he/she first became eligible to apply for Canadian citizenship), then you are a non-Canadian and must comply with the provisions of the Investment Canada Act.
For the purposes of the Act, a non-Canadian includes any entity that is not controlled or beneficially owned by Canadians.
Filing requirements with both Industry Canada and the Department of Canadian Heritage
(NOTE: this is a summary of the official Guideline — to view the official Guideline text, click here)
These filing requirements apply where the investment involves businesses engaged in both Schedule IV activities and in other business activities, irrespective of the proportions of these businesses included in the transaction. The dollar values indicated are the total value of the assets of the Canadian business, calculated in accordance with the Investment Canada Act . For further clarification, please contact both the Investment Review Division of Industry Canada, and the Cultural Sector Investment Review office of the Department of Canadian Heritage.
In all cases where notification is made to the Department of Canadian Heritage, the investment may become subject to review should the Governor in Council order a review of the transaction.
Businesses involving uranium production, transportation, a financial service, or radio, television or cable broadcasting are subject to different filing requirements. For clarification please contact the Investment Review Division of Industry Canada.
Investment to establish a New Canadian Business
- Notification to Industry Canada (IC)
- Notification to Canadian Heritage (CH)
Acquisition of Control of a Canadian Business — Direct Transactions
Under $5M
- Notification to IC
- Notification to CH
$5M and more (non-WTO Investors)
- Application to IC
- Application to CH
$5M and more but under $312M (WTO Investors for 2009)
- Notification to IC
- Application to CH
$312M and more (WTO Countries for 2009)
- Application to IC
- Application to CH
| Canadian assets 50% or less of worldwide assets | |||
|---|---|---|---|
| WTO Investors | Non-WTO Investors | ||
| Under $50M | $50M and more | Under $50M | $50M and more |
Notification to IC Notification to CH |
Notification to IC Application to CH |
Notification to IC Notification to CH |
Application to IC Application to CH |
| Canadian assets over 50% of worldwide assets | |||
|---|---|---|---|
| WTO Investors | Non-WTO Investors | ||
| Under $5M | $5M and more | Under $5M | $5M and more |
Notification to IC Notification to CH |
Notification to IC Application to CH |
Notification to IC Notification to CH |
Application to IC Application to CH |
Frequently asked questions for this section:
- When is a foreign investor required to file a notification?
- When is a foreign investment subject to review?
- What are the investment review regulations for NAFTA and WTO member investors?
- How long does the foreign investment review process usually take?
Related Link
- Filing a Notification online
Review the online forms for establishing a new Canadian business and acquiring control of an existing business.
Related Links
- Is my investment considered a cultural investment?
- Dual Filing a Notification online
Review the online forms for establishing a new Canadian business and acquiring control of an existing business
