Investment Canada Act

Marginal note:Ministerial demand

• 39 (1) Where the Minister believes that a non-Canadian, contrary to this Act,

  • (a) has failed to give a notice under section 12 or file an application under section 17,

  • (a.1) has failed to provide any prescribed information or any information that has been requested by the Minister or Director,

  • (b) has implemented an investment the implementation of which is prohibited by section 16, 24, 25.2 or 25.3,

  • (c) has implemented an investment on terms and conditions that vary materially from those contained in an application filed under section 17 or from any information or evidence provided under this Act in relation to the investment,

  • (d) has failed to divest himself of control of a Canadian business as required by section 24,

  • (d.1) has failed to comply with a written undertaking given to His Majesty in right of Canada and referred to in paragraph 25.3(6)(c) or 25.31(a),

  • (d.2) has failed to comply with an order made under section 25.3 or 25.4,

  • (e) has failed to comply with a written undertaking given to Her Majesty in right of Canada relating to an investment that the Minister is satisfied or is deemed to be satisfied is likely to be of net benefit to Canada,

  • (f) has failed to comply with any other provision of this Act or with the regulations, or

  • (g) has entered into any transaction or arrangement primarily for a purpose related to this Act,

  the Minister may send a demand to the non-Canadian, requiring the non-Canadian, forthwith or within such period as is specified in the demand, to cease the contravention, to remedy the default, to show cause why there is no contravention of the Act or regulations or, in the case of undertakings, to justify any non-compliance therewith.

• Marginal note:Ministerial demand

  (2) The Minister may send a demand to a person or entity requiring that they immediately, or within any period that may be specified in the demand, cease the contravention, remedy the default or show cause why there is no contravention of the Act if the Minister believes that the person or the entity has failed to comply with

  • (a) a requirement to provide information under section 25.12 or 25.5;

  • (b) a written undertaking given to His Majesty in right of Canada and referred to in paragraph 25.3(6)(c) or 25.31(a); or

  • (c) an order made under section 25.3 or 25.4.

• Marginal note:Contents of demand

  (3) A demand under subsection (1) or (2) shall indicate the nature of the proceedings that may be taken under this Act against the non-Canadian or other person or entity to which it is sent in the event that the non-Canadian, person or entity fails to comply with the demand.