On July 15, 2013, Prime Minister Stephen Harper appointed the
Honourable James Moore as Minister of Industry. As Industry
Minister, Mr. Moore will be responsible for approving foreign
non-cultural investment proposals under the Investment Canada
Act. Mr. Moore previously served as Minister of Canadian
Heritage and Official Languages holding that post since October,
James Moore was born in New Westminster, British Columbia and is
a former radio broadcaster. Running for the Canadian Alliance Party
(which merged with the Progressive Conservative Party in 2003 to
form the Conservative Party of Canada), he was first elected to the
House of Commons in 2000 and, at the age of 24, was the youngest
member of Parliament ever elected in the Province of British
Moore brings to his new Cabinet post previous experience with
the Investment Canada Act. As the former Minister of
Canadian Heritage and Official Languages, Moore was responsible for
making decisions with respect to foreign investment proposals
involving Canadian cultural businesses. He approved Simon &
Schuster Canada's proposal to commence full publishing
operations in Canada as well as Apple's proposal to establish
iBookstore Canada, Random House of Canada's proposal to acquire
Canadian publisher McClelland & Stewart and Penguin and Random
House's proposal to merge in Canada. These decisions
could be viewed as a liberalization of Canada's existing
policies regarding the book publishing industry and foreign
involvement in that industry. He was also involved in
approving the establishment of Target's new Canadian operations
which required Investment Canada approval because they would
involve the distribution of Canadian cultural products. In
connection with that approval, Target committed to investing more
than $3.5 billion in capital investment in Canada and to making
available and promoting Canadian culture.
In response to a question raised in the House of Commons by the
Leader of the Opposition, Thomas Mulcair, regarding the criteria to
be used in reviewing the 2012 CNOCC bid for Nexen under the
Investment Canada Act, Mr. Moore stated:
"Our government understands what is important:
encouraging the entire world to do business responsibly. We have
not yet made a decision on this issue but will always make
decisions in the best interests of Canada. We are committed to
that. We have the Investment Canada Act, which we use to ensure
that the best interests of Canadians are always the primary concern
of the Government of Canada."
With the appointment of James Moore as Minister of Industry,
Industry Canada receives an experienced Minister both in general
terms and, in particular, with respect to the administration of the
Investment Canada Act. The appointment of the new
Minister does not appear to signal any change in the manner that
the Act has recently been administered by the Conservative Party of
Canada. For the Investment Canada Act, it appears
that it will be business as usual despite the change in
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The Canadian Competition Bureau issued a template document for use as a form of Consent Agreement, to be filed with the Competition Tribunal to resolve concerns the Bureau may have with proposed mergers.
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