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Navigating The Changing Business And Foreign Investment Landscape In 2021

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2020 has redefined the Canadian legal and business landscape.
Many of the Canadian governmental public health measures created to
limit the spread of COVID-19 have disrupted several areas of
business and investment. Companies investing in Canada will need to
consider the potential implications of the following trends:

  • A tightening of Canada’s foreign investment approval
    processes;
  • An updated approach to dispute resolution; and
  • An increased focus on companies’ environmental and social
    governance responsibilities

Securing foreign investment

Canada has traditionally prided itself on being an open trading
economy; foreign investment and international trade have always
been determining factors in the health of the Canadian business
economy. Having said that, Canada was one of the first
jurisdictions to establish a formal foreign investment review
process, now contained in the Investment Canada Act (ICA)
and so has had considerable experience in the regulation of FDI
compared to other jurisdictions such as the EU and UK, which have
more recently instituted screening of certain types of foreign
investments. Foreign investors must now grapple with new barriers
to entry due to increasingly stringent governmental approval
mechanisms, consequently pushing them to become progressively more
agile in deal planning and execution.

The global shift towards protectionism in major parts of the
global economy in recent years has been exacerbated by the current
health crisis resulting in uncertain foreign investment
opportunities. As in many countries, the extraordinary
circumstances around COVID-19 led to fears (substantiated or not)
that Canada’s financial markets and economy were exposed to
opportunistic acquisitions of sensitive Canadian targets.
Accordingly, on April 18, 2020, the Ministry of Innovation,
Science and Industry issued a policy statement indicating that
certain foreign investments (primarily but not exclusively those
involving state influenced or owned investors) that fall under ICA
would be subject to enhanced scrutiny in the aims of supporting
Canada’s economy during and after the pandemic: “the
Government will also subject all foreign investments by state-owned
investors, regardless of their value, or private investors assessed
as being closely tied to or subject to direction from foreign
governments, to enhanced scrutiny under the Act”.1
For instance, there are more significant concerns around Chinese
foreign direct investment, which have taken on broader geopolitical
dimensions. In addition, the federal government also enhanced
its scrutiny of foreign acquisitions of Canadian businesses engaged
in the supply of critical goods and services to Canadians or in
activities related to public health. This was in addition to
its already broad powers under the national security review
provisions of the ICA.

Onshoring and supply chain diversification have accelerated in
2020, and are expected to be longer term trends over the next few
years. The intensification of trade protectionism worldwide has
increased, seen in the number of trade remedy disputes (i.e.
anti-dumping, anti-subsidizing disputes). Canada falls in line with
this trend, having increased its use of trade remedy measures and
making legislative and policy changes to favour their effectiveness
and enforcement. As a party to the newly enacted USMCA, Canada now
has a functioning state-to-state dispute settlement mechanism, a
key change from the former NAFTA.

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The issue for each jurisdiction is to determine the value and
effect of each new economic endeavour on protected business
sectors. Canada remains open to investments that benefit Canadians
while taking the necessary measures to help protect its national
security and its economic integrity.

Foreign investment, industries and regions on the rise in
2021

Investment from the United States, Canada’s strongest
trading partner, will continue to grow in 2021. There will also be
opportunities in the European market through Canadian trade
agreements, now largely in place across the continent. In the
aftermath of Brexit, The U.K. will be looking to secure
international trade agreements as well, making Canada a natural
trade and investment partner moving forward.

Canada has been gaining recognition as a growing foreign
investment destination for technology by successfully creating
industry city hubs in areas such as R&D, AI and biotech.
However, these same industries pose potential national security
concerns. Foreign investors will have to look at these
considerations if they are looking to engage within the Canadian
market.

COVID-19 has accelerated changes in consumer behaviour by
encouraging virtual shopping. Companies that have aligned
themselves with these trends in the digital economy will do well in
2021. For example, Shopify’s online merchant platform offering
overtook the Royal Bank of Canada to become
Canada’s most valuable public company
, signalling
substantial growth in this area.

Canada’s largest financial institutions are rapidly
expanding their online digital capabilities and their use of
artificial intelligence including buying or partnering with smaller
successful Canadian or foreign technology developers. New fintech
companies have had tremendous success and growth in 2020 with
strong user-friendly online financial services offerings anchored
in a robust digital marketing strategy. This trend will surely
continue in 2021.

Finally, the cannabis industry is an interesting area to watch
as a potential comeback story in 2021. It has been a tough time for
the industry over the past year, but legalizing cannabis in Canada
allowed the country to emerge as a global player by building a
strong base of expertise in this sector. The opportunity for
cross-border activity with the U.S. has also presented itself
through favorable voting related to de-criminalization of cannabis,
in the recent U.S. elections.

ESG practices as a prerequisite to doing business in
Canada

Investors interested in Canadian business right now must be
cognizant of environmental social governance (ESG), and ESG-related
issues, as they are becoming important focal points to access
Canadian capital. Large institutional investors that have
established ESG criteria as an important prerequisite to investment
are driving this trend. ESG will be a critical issue to consider
for any business looking to raise capital in Canada. To demonstrate
how important this has become in the Canadian economy, Brookfield,
one of Canada’s largest real estate infrastructure asset
managers, recently appointed Mark Carney, former governor of the
Bank of England and the Bank Canada, as its Vice Chair and Head of
Impact Fund Investing. We have also recently seen an important
increase in large green bond offerings by some of the large major
banks. Both examples are clear signs of the importance of ESG for
business in Canada moving forward.

Improved disputes environment and future implications

Canadian courts have been relatively resilient in their response
to the pandemic following an initial period of uncertainty in early
March. Most courts pivoted operations to virtual hearings within a
matter of weeks to ensure a seamless continuation of services. If
faced with litigation in Canada, companies can be assured that
Canadian courts are open for business, albeit with some limitations
on efficiency and operations. Some courts, such as the Commercial
Court in Toronto, and all arbitration venues, were able to course
correct rapidly. They determined early on that commercial courts
and arbitration venues could not simply close, as parties with
important business disputes would continue to require adjudication
and resolution to ensure business continuity and limit business
disruption during this uncertain time. Recognizing that business
will continue to require dispute resolution services, the courts
adopted new virtual procedures for court hearings. Virtual hearings
are now available for chambers appointments, motions, applications,
trials and appeals, in most provinces. Parties are able to file
court materials electronically and counsel can appear before the
courts through virtual platforms such as Zoom.

The pandemic has, in some ways, reduced the time that counsel
spend waiting for court hearings, and also enabled parties across
the country to participate in proceedings without incurring the
costs of travel. These changes have improved the efficiency of the
court process and improved access to justice. Recognizing the
improvements made, a number of Canadian chief justices have stated
that many of these changes will remain in place moving forward.

Key considerations for businesses to adapt and prepare for the
evolving Canadian landscape

The impact of the pandemic on business has not been entirely
negative; some sectors have experienced unprecedented growth.
Although there is a degree of commercial activity that continues to
take place, namely big ticket M&A, the reality is that the
pandemic along with regulatory requirements have made the
investment climate particularly tricky. Although transactions will
continue to happen virtually, they will be unpredictable in the
near future. Nonetheless, the ability to engage in virtual dispute
resolution will be indispensable in dealing with the quickly
changing foreign investment landscape in Canada. It is critical for
foreign investors to get a handle on the regulatory and business
landscape in their initial planning and to be prudent with business
advice when considering how to approach potential investments into
Canada.

 

Source: – Government, Public Sector – Canada – Mondaq News Alerts

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BWXT announces $80M investment for plant in Cambridge – CityNews Kitchener

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BWX Technologies (BWXT) in Cambridge is investing $80-million to expand their nuclear manufacturing plant in Cambridge.

Minister of Energy, Todd Smith, was in the city on Friday to join the company in the announcement.

The investment will create over 200 new skilled and unionized jobs. This is part of the province’s plan to expand affordable and clean nuclear energy to power the economy.

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“With shovels in the ground today on new nuclear generation, including the first small modular reactor in the G7, I’m so pleased to see global nuclear manufacturers like BWXT expanding their operations in Cambridge and hiring more Ontario workers,” Smith said. “The benefits of Ontario’s nuclear industry reaches far beyond the stations at Darlington, Pickering and Bruce, and this $80 million investment shows how all communities can help meet Ontario’s growing demand for clean energy, while also securing local investments and creating even more good-paying jobs.”

The added jobs will support BWXT’s existing operations across the province as well as help the sector’s ongoing operations of existing nuclear stations at Darlington, Bruce and Pickering.

“Our expansion comes at a time when we’re supporting our customers in the successful execution of some of the largest clean nuclear energy projects in the world,” John MacQuarrie, President of Commercial Operations at BWXT, said.

“At the same time, the global nuclear industry is increasingly being called upon to mitigate the impacts of climate change and increase energy security and independence. By investing significantly in our Cambridge manufacturing facility, BWXT is further positioning our business to serve our customers to produce more safe, clean and reliable electricity in Canada and abroad.”

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AI investments will help chip sector to recover: Analyst – Yahoo Finance

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The semiconductor sector is undergoing a correction as interest rate cut expectations dwindle, prompting concerns about the impact on these high-growth, technology-driven stocks. Wedbush Enterprise Hardware Analyst Matt Bryson joins Yahoo Finance to discuss the dynamics shaping the chip industry.

Bryson acknowledges that the rise of generative AI has been a significant driving force behind the recent success of chip stocks. While he believes that AI is shifting “the way technology works,” he notes it will take time. Due to this, Bryson highlights that “significant investment” will continue to occur in the chip market, fueled by the growth of generative AI applications.

However, Bryson cautions that as interest rates remain elevated, it could “weigh on consumer spending.” Nevertheless, he expresses confidence that the AI revolution “changing the landscape for tech” will likely insulate the sector from the effect of high interest rates, as investors are unwilling to miss out on the “next technology” breakthrough.

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For more expert insight and the latest market action, click here to watch this full episode of Yahoo Finance.

This post was written by Angel Smith

Video Transcript

BRAD SMITH: As rate cut bets shift, so have moves in one sector, in particular. Shares of AMD and Intel, both down over 15% in the last 30 days. The Philadelphia Semiconductor Index, also known as Sox, dropping over 10% from recent highs, despite a higher rate environment.

Our next guest is still bullish on the sector. Matt Bryson, Wedbush Enterprise Hardware analyst, joins us now. Matt, thanks so much for taking the time here. Walk us through your thesis here, especially, given some of the pullback that we’ve seen recently.

MATT BRYSON: So I think what we’ve seen over the last year or so is that the growth of generative AI has fueled the chip stocks. And the expectation that AI is going to shift everything in the way that technology works.

And I think that at the end of the day, that that thesis will prove out. I think the question is really timing. But the investments that we’ve seen that have lifted NVIDIA, that have lifted AMD, that have lifted the chip stock and sector, in general, the large cloud service providers, building out data centers. I don’t think anything has changed there in the near term.

So when I speak to OEMs, who are making AI servers, when I speak to cloud service providers, there is still significant investment going on in that space. That investment is slated to continue certainly into 2025. And I think, as long as there is this substantial investment, that we will see chip names report strong numbers and guide for strong growth.

SEANA SMITH: Matt, when it comes to the fact that we are in this macroeconomic environment right now, likelihood that rates will be higher for longer here, at least, when you take a look at the expectations, especially following some of the commentary that we got from Fed officials this week, what does that signal more broadly for the AI trade, meaning, is there a reason to be a bit more cautious in this higher for longer rate environment, at least, in the near term?

MATT BRYSON: Yeah. I think certainly from a market perspective, high interest rates weight on the market. Eventually, they weigh on consumer spending. Certainly, for a lot of the chip names, they’re high multiple stocks.

When you think about where there can be more of a reaction or a negative reaction to high interest rates, certainly, it has some impact on those names. But in terms of, again, AI changing the fundamental landscape for tech, I don’t think that high interest rates or low interest rates will change that.

So when you think about Microsoft, Amazon, all of those large data center operators looking at AI, potentially, changing the landscape forever and wanting to make a bet on AI to make sure that they don’t miss that change, I don’t think whether interest rates are low or high are going to really affect their investment.

I think they’re going to go ahead and invest because no one wants to be the guy that missed the next technology wave.

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If pension funds can't see the case for investing in Canada, why should you? – The Globe and Mail

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It’s time to ask a rude question: Is Canada still worth investing in?

Before you rush to deliver an appropriately patriotic response, think about the issue for a moment.

A good place to begin is with the federal government’s announcement this week that it is forming a task force under former Bank of Canada governor Stephen Poloz. The task force’s job will be to find ways to encourage Canadian pension funds to invest more of their assets in Canada.

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Wooing pension funds has become a high-priority matter for Ottawa because, at the moment, these big institutional investors don’t invest all that much in Canada. The Canada Pension Plan Investment Board, for instance, had a mere 14 per cent of its massive $570-billion portfolio in Canadian assets at the end of its last fiscal year.

Other major Canadian pension plans have similar allocations, especially if you look beyond their holdings of government bonds and consider only their investments in stocks, infrastructure and real assets. When it comes to such risky assets, these big, sophisticated players often see more potential for good returns outside of Canada than at home.

This leads to a simple question: If the CPPIB and other sophisticated investors aren’t overwhelmed by Canada’s investment appeal, why should you and I be?

It’s not as if Canadian stocks have a record of outstanding success. Over the past decade, they have lagged far behind the juicy returns of the U.S.-based S&P 500.

To be fair, other countries have also fallen short of Wall Street’s glorious run. Still, Canadian stocks have only a middling record over the past 10 years even when measured against other non-U.S. peers. They have trailed French and Japanese stocks and achieved much the same results as their Australian counterparts. There is no obvious Canadian edge.

There are also no obvious reasons to think this middle-of-the-pack record will suddenly improve.

A generation of mismanagement by both major Canadian political parties has spawned a housing crisis and kneecapped productivity growth. It has driven household debt burdens to scary levels.

Policy makers appear unwilling to take bold action on many long-standing problems. Interprovincial trade barriers remain scandalously high, supply-managed agriculture continues to coddle inefficient small producers, and tax policy still pushes people to invest in homes rather than in productive enterprises.

From an investor’s perspective, the situation is not that appetizing. A handful of big banks, a cluster of energy producers and a pair of railways dominate Canada’s stock market. They are solid businesses, yes, but they are also mature industries, with less than thrilling growth prospects.

What is largely missing from the Canadian stock scene are big companies with the potential to expand and innovate around the globe. Shopify Inc. SHOP-T and Brookfield Corp. BN-T qualify. After that, the pickings get scarce, especially in areas such as health care, technology and retailing.

So why hold Canadian stocks at all? Four rationales come to mind:

  • Canadian stocks have lower political risk than U.S. stocks, especially in the run-up to this year’s U.S. presidential election. They also are far away from the front lines of any potential European or Asian conflict.
  • They are cheaper than U.S. stocks on many metrics, including price-to-earnings ratios, price-to-book ratios and dividend yields. Scored in terms of these standard market metrics, they are valued more or less in line with European and Japanese stocks, according to Citigroup calculations.
  • Canadian dividends carry some tax advantages and holding reliable Canadian dividend payers means you don’t have to worry about exchange-rate fluctuations.
  • Despite what you may think, Canada’s fiscal situation actually looks relatively benign. Many countries have seen an explosion of debt since the pandemic hit, but our projected deficits are nowhere near as worrisome as those in the United States, China, Italy or Britain, according to International Monetary Fund figures.

How compelling you find these rationales will depend upon your personal circumstances. Based strictly on the numbers, Canadian stocks look like ho-hum investments – they’re reasonable enough places to put your money, but they fail to stand out compared with what is available globally.

Canadians, though, have always displayed a striking fondness for homebrew. Canadian stocks make up only a smidgen of the global market – about 3 per cent, to be precise – but Canadians typically pour more than half of their total stock market investments into Canadian stocks, according to the International Monetary Fund. This home market bias is hard to justify on any rational basis.

What is more reasonable? Vanguard Canada crunched the historical data in a report last year and concluded that Canadian investors could achieve the best balance between risk and reward by devoting only about 30 per cent of their equity holdings to Canadian stocks.

This seems to be more or less in line with what many Canadian pension funds currently do. They have about half their portfolio in equities, so devoting 30 per cent of that half to domestic stocks works out to holding about 15 per cent of their total portfolio in Canadian equities.

That modest allocation to Canadian stocks is a useful model for Canadian investors of all sizes. And if Ottawa doesn’t like it? Perhaps it could do more to make Canada an attractive investment destination.

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