In The News

Canada Draws a Line on Critical Minerals, But Leaves Unanswered Questions

November 14, 2022
Social Media
Download
Download
Read Mode
Subscribe
Summarize
Sander Grieve and Zee Derwa comment in The Northern Miner (TNM) on the Canadian government's new approach to Chinese investment in Canada’s critical minerals sector. The new policy says that significant transactions by foreign SOEs in the sector will only be approved on an exceptional basis. 
 
TNM reports that soon after the new guidelines were released, three Chinese firms were ordered to sell their stakes in three Canadian junior mining companies.
 
Zee tells TNM he sees the new approach as a “significant” policy shift, and said there was no precedent for the divestment order. “Prior to these ordered divestments there hadn’t been a case where a critical mineral asset was ordered to be divested in Canada.” Zee noted that Shandong Gold Mining’s proposed takeover of TMAC Resources in 2020 was rejected because of the strategic Arctic location of TMAC’s Hope Bay project. 
 
Sander says with the Canadian government's new policy, “There appear to be a class of investors that are being cautioned that their investment may not be welcome in Canada at this point. I think the question that industry’s got to have top of mind is if that decision is made by the government that there are certain investors we don’t want, what will be done to encourage the investors we do want, as we clearly are creating a hole in the Canadian economy for the development of projects?” 
 
“There’s been a lot of focus on China in particular in this policy, but it is an SOE policy and there are a lot of SOEs in the broader global economy from various states, so this should be expected to have wider implications for foreign direct investment into Canada and into Canadian companies.”
 
Canada Draws a Line on Critical Minerals, but Leaves Unanswered Questions is written by Alisha Hiyate.
Social Media
Download
Download
Subscribe
Republishing Requests

For permission to republish this or any other publication, contact Erica Wirthlin at wirthline@bennettjones.com.

For informational purposes only

This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors.

Bill C 36 and Canadian Privacy Reform
Blog

Bill C-36 and Canadian Privacy Reform

June 18, 2026
J. Sébastien A. GittensRuth E. PromislowCaroline Poirier
& 4 more
Restricting Covenants in Federal Workplaces
Blog

Restricting Covenants in Federal Workplaces

June 11, 2026
Christine PlanteSara G. ParchelloTami Oguntona
Christine Plante, Sara G. Parchello & Tami Oguntona
Courts show Continued Commitment to Closely Scrutinizing Proposed Privacy Class Actions
Blog

Courts Continue Close Scrutiny of Privacy Class Actions

June 4, 2026
Nina ButzJackson Spencer
Nina Butz & Jackson Spencer