Treatment of Foreign Investment in the Critical Minerals Sector Under the Investment Canada Act: In Conversation with Globe & Mail mining reporter Niall McGee

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The government’s approach to foreign investment in the critical minerals sector, including in circumstances where the target minerals are located outside of Canada, has evolved significantly over the last three years. Niall McGee shares his perspectives based on first hand experience reporting on key developments in this area, including, among others: the government’s October 2022 Policy Regarding Foreign Investments from State-Owned Enterprises in Critical Minerals and the circumstances that led up to it; the government’s November 2022 announcement that it had required three Chinese companies to divest critical minerals investments; some Canadian companies with mineral projects outside of Canada redomiciling to other jurisdictions, in one case prompting the then ICA Minister to warn “it’s never smart to try to circumvent the rules”; the government’s Statement on Net Benefit Reviews of Canadian Critical Minerals Companies on the same day in July 2024 that it announced its approval of Glencore’s Acquisition of Teck’s Coal Assets; the addition in March 2025, the day after some US tariffs took effect, of economic security as a risk factor in the National Security Review Guidelines; and the cumulative potential implications of these developments for the financing of Canadian mining companies and the development of critical minerals projects in Canada.

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