Foreign ownership of companies of Canada pertains to the majority-ownership of Canadian-based assets (including businesses and subsidiaries) by non-Canadian individuals or companies, as well as to companies that are effectively owned or controlled, directly or indirectly, by non-Canadians. "Non-Canadian," for all intents and purposes, refers to entities based outside Canada and to those who are not Canadian citizens or qualified permanent residents. [1]
Foreign ownership (or 'foreign affiliates') of Canadian companies has long been a controversial political issue in Canada. Concerns regarding the issue generally regard ownership of previously 'Canadian' assets by foreign entities, though the exact definition of 'foreign-owned' is subject of debate.[ citation needed ]
Foreign majority-owned affiliates contribute significantly to the economy of Canada. In 2016, foreign affiliates accounted for 14% of Canada's gross domestic product and employed 12% of workers. [2]
Historically, foreign ownership was a political issue in Canada in the late 1960s and early 1970s, when it was believed by some that U.S. investment had reached new heights (though its levels had actually remained stable for decades), and then in the 1980s, during debates over the Free Trade Agreement.[ citation needed ]
However, the situation has changed; since in the interim period, Canada itself became a major investor and owner of foreign corporations. Since the 1980s, Canada's levels of investment and ownership in foreign companies have been larger than foreign investment and ownership in Canada. In some smaller countries, such as Montenegro, Canadian investment is sizable enough to make up a major portion of the economy. In Northern Ireland, for example, Canada is the largest foreign investor. By becoming foreign owners themselves, Canadians have become far less politically concerned about investment within Canada.[ citation needed ]
Something to note is that Canada's largest companies by value, and largest employers, tend to be foreign-owned in a way that is more typical of a developing nation than a G8 member. The best example is the automotive sector, one of Canada's most important industries. It is dominated by American, German, and Japanese automotive giants. Although this situation is not unique to Canada in the global context, it is unique among G8 nations, and many other relatively small nations also have national automotive companies.[ citation needed ]
In 2004, foreign-controlled corporations accounted for 21.9% of assets held in Canada, and 30.0% of operating revenues yet comprised less than 1% (approx. 8,000) of the total 1.3 million corporations in Canada. Assets of foreign-controlled corporations rose 8.3% to $1.1 trillion in 2004, while those of Canadian-controlled corporations rose 8.9% to $3.9 trillion. All in all, foreign-controlled profits soared to a record $68 billion that year, up 21.7% from 2003. Also that year, foreign-controlled corporations operating revenues in Canada averaged $96 million, compared with less than $2 million for their Canadian-controlled counterparts.
In 2006, 34 Canadian companies were purchased by foreign interests worth $62 billion, nearly 4% of Canada's market value.
In 2016, foreign affiliates accounted for 14% of Canada's gross domestic product and employed 12% of workers. That year, foreign affiliates in the manufacturing sector accounted for 41% of the value added of foreign multinationals operating in Canada, an increase from 38% in 2010. [2]
Sector | Value added (CA$billion) | |||
---|---|---|---|---|
2010 | 2014 | 2016 | ||
Mining, quarrying, and oil and gas extraction | 36.9 | 38.4 | 21.1 | |
Manufacturing - total | 85.5 | 105.3 | 108.6 | |
Transportation equipment manufacturing | 12.8 | 18.5 | 21.6 | |
Chemical manufacturing | 9.2 | 13.3 | 15.4 | |
Petroleum and coal product manufacturing | 10.2 | 14.7 | 7.7 | |
Other manufacturing | 53.3 | 58.8 | 63.8 | |
Services - total | 94.3 | 117.8 | 125.1 | |
Wholesale trade | 25.1 | 34.4 | 36.8 | |
Professional, scientific, and technical services | 12.5 | 19.9 | 18.9 | |
Retail trade | 14.2 | 16.0 | 18.4 | |
Finance and insurance | 14.2 | 14.4 | 14.9 | |
Others | 28.3 | 33.3 | 36.1 | |
All sectors - total | 224.8 | 275.5 | 267.1 |
Canadian companies that were once foreign-owned but are currently owned by a Canadian company:
Company | Foreign owner | Origin of foreign owner | Notes |
---|---|---|---|
Addax Petroleum | Sinopec | China | Addax was one of 9 Canadian Fortune 2000 oil and gas companies in 2009. It was acquired by Sinopec for C$8.27 billion in June 2009 and approved by the Chinese government on August 12 that year. |
ATI Technologies | Advanced Micro Devices | United States | ATI was Canada's graphics chip maker, acquired by Advanced Micro Devices in July 2006. |
Canadian Pacific Hotels | Colony Capital, LLC and Kingdom Holding Co. | United States and Saudi Arabia | Canadian Pacific Hotels was the owner of many of Canada's most historic hotel properties (operating under the name Fairmont Hotels and Resorts since 1999). It was sold to California-based Colony Capital, LLC and Saudi Arabia-based Kingdom Holding Company for $3.9 billion, in January 2006. |
CP Ships Ltd. | TUI AG | Germany | Merged with TUI AG, the parent company of Hapag-Lloyd Container Line, after in an all-cash transaction worth $2.3 billion US in 2005. |
Creo | Eastman Kodak | United States | Creo was a world leader in digital printing software. |
Eaton's | Sears | United States | Eaton's was, at one time, Canada's largest retailer, with a history going back to 1869. It was purchased by Sears in 1999 and closed in 2000.[ citation needed ] |
Falconbridge Ltd. | Xstrata | Switzerland | |
Future Shop | Best Buy | United States | |
ID Biomedical | GlaxoSmithKline | United Kingdom | ID Biomedical, a Canadian vaccine maker, was acquired by pharmaceutical giant GlaxoSmithKline for $1.8 billion in 2005. [9] |
JDS Fitel | Uniphase | United States | In 1999, JDS Fitel announced a $8.9-billion merger with Uniphase to form JDS Uniphase. Company headquarters moved from Ottawa to San Jose.[ citation needed ] |
MacMillan Bloedel | Weyerhaeuser | United States | B.C. forestry giant acquired by Weyerhaeuser for US$2.45 billion in 1999 |
Moore Wallace | R.R. Donnelley and Sons | United States | Moore Wallace sold to R.R. Donnelley and Sons for $4.9 billion. In February 2004, R.R. Donnelley merged with Moore Wallace, keeping the name R.R. Donnelley as the name of the combined company. |
Noranda | Xstrata | Switzerland | Noranda purchased by mining company Xstrata in 2006. It had earlier been a target of state-owned China Metals Corp., but had backed out in 2005 amid public concern in Canada of Chinese state control of such a major company.[ citation needed ] |
Pixar Canada | Pixar | United States | |
Seagram | Vivendi Universal and Pernod Ricard | France | distillery and entertainment conglomerate; sold to Vivendi Universal and Pernod Ricard in 2000 |
Sears Canada | Sears Holdings Corp. | United States | Sears Canada was one of the largest retailers (created by buying old Simpson's stores). |
Vincor International Ltd | Constellation Brands | United States | Vincor, Canada's top wine maker and distributor, was purchased for $1.4 billion by Constellation. |
ZENON Environmental | GE Water & Process Technologies (General Electric) | United States | ZENON was a technology company originating in Hamilton, Ontario. |
Existing companies formerly based in Canada
"Non-Canadian," for all intents and purposes, refers to entities based outside of Canada and to individuals who are not Canadian citizens or qualified permanent residents. [1]
A business undertaking is considered to be 'Canadian' if it is Canadian-controlled, which generally mean: [1]
In regards to public companies, which are not controlled through the ownership of voting shares, the corporation is considered to be Canadian-controlled if at least two-thirds of the board of directors is Canadian. [1]
Large foreign direct investments in Canada are governed under the federal Investment Canada Act (ICA). [10] This act is primarily administered by Innovation, Science and Economic Development Canada, though defined "cultural businesses" are administered by the Department of Canadian Heritage. [1]
Foreign corporations often incorporate branches or special-purpose subsidiaries within Canada in order to facilitate business and control their investments. [11] Business profits earned in Canada by such a branch will be subject to regular federal and provincial corporate Income Taxes. An additional Federal Branch Tax is also applied on profits not reinvested in Canada. A tax treaty may provide for a reduced rate or exemption threshold for the Federal Branch Tax. [11]
Various federal and provincial statutes place additional restrictions on foreign ownership in specific industries. Federal acts include: [12]
The New Brunswick Business Corporations Act, the Nova Scotia Companies Act, the Quebec Business Corporations Act, and the British Columbia Business Corporations Act make no stipulations that resident Canadians be directors. [13] New Brunswick provides that Extra Provincial Corporations need only have an "attorney for service" resident in that province. [14]
Unlimited liability corporations can exist in Alberta, British Columbia, or Nova Scotia. [13] This form is particularly convenient where the parties are well-established and in no danger of insolvency. Alberta requires the derisory fee of CA$100 to establish this form. [13] In most other provinces, the legislation is significantly more restrictive.
The International Finance Corporation (IFC) is an international financial institution that offers investment, advisory, and asset-management services to encourage private-sector development in less developed countries. The IFC is a member of the World Bank Group and is headquartered in Washington, D.C. in the United States.
A holding company is a company whose primary business is holding a controlling interest in the securities of other companies. A holding company usually does not produce goods or services itself. Its purpose is to own stock of other companies to form a corporate group.
A joint-stock company (JSC) is a business entity in which shares of the company's stock can be bought and sold by shareholders. Each shareholder owns company stock in proportion, evidenced by their shares. Shareholders are able to transfer their shares to others without any effects to the continued existence of the company.
BCE Inc., an abbreviation of its former name Bell Canada Enterprises Inc., is a publicly traded Canadian holding company for Bell Canada, which includes telecommunications providers and various mass media assets under its subsidiary Bell Media Inc. Founded through a corporate reorganization in 1983, when Bell Canada, Northern Telecom, and other related companies all became subsidiaries of Bell Canada Enterprises Inc., it is one of Canada's largest corporations. The company is headquartered at 1 Carrefour Alexander-Graham-Bell in the Verdun borough of Montreal, Quebec, Canada.
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A joint venture (JV) is a business entity created by two or more parties, generally characterized by shared ownership, shared returns and risks, and shared governance. Companies typically pursue joint ventures for one of four reasons: to access a new market, particularly emerging market; to gain scale efficiencies by combining assets and operations; to share risk for major investments or projects; or to access skills and capabilities.
A foreign direct investment (FDI) refers to purchase of an asset in another country, such that it gives direct control to the purchaser over the asset. In other words, it is an investment in the form of a controlling ownership in a business, in real estate or in productive assets such as factories in one country by an entity based in another country. It is thus distinguished from a foreign portfolio investment or foreign indirect investment by a notion of direct control.
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Fairfax Financial Holdings Limited is a Canadian financial holding company based in Toronto, Ontario, engaged in property, casualty, insurance and reinsurance, investment management, and insurance claims management. The company operates primarily through several subsidiaries, including Allied World, Odyssey Re, Northbridge Financial, Crum & Forster, Verassure Insurance, Onlia Agency Inc., and Zenith Insurance Company. The company was also the largest shareholder of Torstar with 40% of the Class B shares, as of May 2020.
An institutional investor is an entity that pools money to purchase securities, real property, and other investment assets or originate loans. Institutional investors include commercial banks, central banks, credit unions, government-linked companies, insurers, pension funds, sovereign wealth funds, charities, hedge funds, real estate investment trusts, investment advisors, endowments, and mutual funds. Operating companies which invest excess capital in these types of assets may also be included in the term. Activist institutional investors may also influence corporate governance by exercising voting rights in their investments. In 2019, the world's top 500 asset managers collectively managed $104.4 trillion in Assets under Management (AuM).
A privately held company is a company whose shares and related rights or obligations are not offered for public subscription or publicly negotiated in their respective listed markets. Instead, the company's stock is offered, owned, traded or exchanged privately, also known as 'over-the-counter'. Related terms are unlisted company, unquoted company and private equity.
Manulife Financial Corporation is a Canadian multinational insurance company and financial services provider headquartered in Toronto, Ontario. The company operates in Canada and Asia as "Manulife" and in the United States primarily through its John Hancock Financial division. As of December 2021, the company employed approximately 38,000 people and had 119,000 agents under contract, and has CA$1.4 trillion in assets under management and administration. Manulife at one point serviced over 26 million customers worldwide.
Cerberus Capital Management, L.P. is an American global alternative investment firm with assets across credit, private equity, and real estate strategies. The firm is based in New York City, and run by Steve Feinberg, who co-founded Cerberus in 1992, with William L. Richter, who serves as a senior managing director. The firm has affiliate and advisory offices in the United States, Europe and Asia.
In domestic and international commercial law, a beneficial owner is a natural person or persons who ultimately owns or controls an interest in a legal entity or arrangement, such as a company, a trust, or a foundation. Legal owners, commonly described as the "registered owners", may hold those interests as beneficial owners or for the benefit of someone else, in which case they may be described as a "nominee".
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Crown corporations in Canada are government organizations with a mixture of commercial and public-policy objectives. They are directly and wholly owned by the Crown.
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The Investment Canada Act (ICA) is a Canadian federal law governing large foreign direct investment in Canada. The ICA was one of the first acts of Brian Mulroney's newly elected Progressive Conservative government, receiving royal assent on 20 June 1985. It has been amended at various times, including recently the Economic Action Plan 2013 Act. Pertinent regulations include the Investment Canada Regulations, SOR/85-611. The Act empowers the government to forbid foreign investments of "significant" size if they do not present a "net benefit to Canada." As of 2017, Canadian policy is to consider over $1 billion "significant." The determination of what substantially constitutes the locus of control of a corporation is governed by the Canadian Ownership and Control Determination Act.
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