:
Good evening, everyone. I call this meeting to order. Welcome to meeting number 4 of the House of Commons Standing Committee on Industry and Technology.
Pursuant to Standing Order 108(2) and the motion adopted by the committee on Thursday, January 20, 2022, the committee is meeting to continue its study on critical minerals. Today's meeting is taking place in a hybrid format, pursuant to the House order of Thursday, November 25, 2021. Members are attending in person in the room or remotely using the Zoom application. As for the health rules that are in place, I think everyone is familiar with them by now. Those who are present in Ottawa should therefore take the necessary precautions.
That said, I will introduce the witnesses who are doing us the honour of appearing tonight, and whom we thank.
We have the Honourable François-Philippe Champagne, who is the member of Parliament for Saint-Maurice-Champlain and Minister of Innovation, Science and Industry; Ms. Cherie Anderson, Assistant Director of Requirements at the Canadian Security Intelligence Service; Mr. Simon Kennedy, Deputy Minister at the Department of Industry; Ms. Katherine Burke, Director General of the Investment Review Branch; Mr. Jeff Labonté, Assistant Deputy Minister, Lands and Minerals Sector, Department of Natural Resources; Dominic Rochon, Senior Assistant Deputy Minister, National Security and Cyber Security Sector, Department of Public Safety and Emergency Preparedness.
Without further ado, we will begin with opening remarks by Minister Champagne, who is scheduled to leave at 6:30 p.m. As for the officials, they will be present to answer questions from members of Parliament throughout the meeting, until 7:30 p.m. I wanted to convey that information to the members of the committee.
Minister, you have the floor.
Colleagues, thank you for welcoming me to the committee this evening. I would like to take this opportunity to wish you a happy 2022.
I also thank you for the opportunity to set the record straight on Canada's approach to the review of foreign investments, particularly those involving critical minerals.
[English]
First of all, let me be very clear with all Canadians watching tonight. Under the Investment Canada Act—or, as we call it, the ICA—all foreign investments are subject to a thorough review. This process is agnostic of country or industry and applies regardless of the value of the investment. It is a multistep process led by my department and Canada's national security and intelligence agencies.
Investments in critical minerals receive immense scrutiny. As you will recall, in March 2021 I was the one who updated the publicly available national security guidelines to make it clear to the world that we will apply this enhanced scrutiny when critical minerals are implicated. As a former minister of infrastructure and of international trade, as well as foreign affairs, I have been thinking about these issues from a number of angles and for many, many years. That is the perspective I now bring as Minister of Industry of Canada.
Transactions involving critical minerals are systematically and thoroughly reviewed and scrutinized. Neo Lithium was no exception. Let me be very clear: Neo Lithium was reviewed by the government and national security experts, full stop.
[Translation]
Let's be clear, we will not compromise on national security issues. That is our top priority.
The national security review framework built into the act is a critical tool that allows us to protect Canada from these threats.
[English]
Now, I understand that not everyone is familiar with how the ICA works, so let me provide some details on the process.
From day one, security and intelligence agencies assess information and intelligence related to the Canadian asset being acquired or business being established, the terms of the investment and the foreign investor. This often includes consultations with Canada's allies.
Following these consultations, investments that could be injurious to national security are referred to the Governor in Council, who may order a further extended review under section 25.3 of the act. If the transaction does not meet the legal threshold to extend the review further, meaning it is found to not be injurious to Canada's national security, then the process ends.
People mistake the extended review as being the only one in which national security concerns are taken into consideration. Let me be clear that a section 25.3 order is not required for the security and intelligence agencies and other investigative bodies to review an investment: From the moment we become aware of a proposed investment, the legal authorities to investigate under the act are exactly the same through each period of the multistep review process.
It is this review process that was followed in the case of Neo Lithium. Those who claim that a national security review was not done in this case are simply, knowingly or unknowingly, misrepresenting the facts. Instead, they are cherry-picking and jumping ahead to another step in the process that is further down the chain of verifications under the ICA.
There was sufficient information to make a determination at that stage of the review that no national security harm could arise as a result of this transaction.
[Translation]
Let me repeat this in French: the Neo Lithium transaction was carefully reviewed by experts, and no harm or risk to Canada's national security was identified to warrant an extension of the review.
[English]
It must be noted that by law there are stringent confidentiality requirements to protect both the commercially sensitive information shared by companies during a review and any classified information relating to Canada's national security.
It is public knowledge and worth repeating here that although Neo Lithium is domiciled and incorporated in Canada, the mine is in Argentina, the operations of the company are in Argentina and all but a handful of its employees are based in Argentina.
Finally, we are going to be talking a lot about critical minerals in the years ahead—at least, I hope so—so let's clarify certain things.
One could be misled into thinking that all critical minerals are inherently the same and of equal value. The reality is that critical minerals come in many forms, with varying degrees of importance to Canada's supply chain. Each deserves its own consideration and action.
[Translation]
We understand the importance of critical minerals. That's why, in Budget 2021, our government announced funding to improve Canada's supply of critical minerals.
In addition, and I are developing a Canadian critical minerals strategy, in addition to our $8 billion investment in the Net Zero Accelerator initiative, to attract major investments across the electric vehicle battery supply chain.
[English]
In the case of lithium and battery production, for example, there is lithium carbonate and there is lithium hydroxide. Electric battery production in North America does not require or rely on imports of lithium carbonate. Even a cursory look at the market shows that lithium hydroxide is the product preferred by automakers, manufacturers, cathode suppliers and consumers in North America, Europe and Japan for electric vehicle battery production.
Factors such as the nature and strategic value to Canada of the mineral deposits involved, the ability of Canadian supply chains to exploit the asset, Canada's projected ability to produce a commodity itself, global commodity prices, current geopolitical circumstances and the nature of the Canadian business are all taken into consideration when determining what constitutes a national security concern. These are some of the important factors the government considers when deciding whether an investment is a potential risk to Canada's national security.
I would say, Mr. Chair, that it is irresponsible to brush them aside for a good headline. Canadians deserve a sober, thoughtful and factual conversation on this matter. Our government's record makes it abundantly clear that where national security is concerned, we do not hesitate to take decisive action, and our assessment of risk keeps pace with evolving economic and geopolitical circumstances.
[Translation]
Thank you [Technical difficulty].
:
Thank you very much for the question, Mr. Dong, because that's very important.
On the one hand, we want to welcome foreign investment in Canada. On the other hand, we want to protect our national security. What I issued in March last year was to make sure that investors from around the world would be well aware that we would apply enhanced national security when it comes to a number of things—companies in Canada involving personal data, sensitive technology, and critical minerals—to the question from our colleague Mr. Fast.
Obviously, this was very much needed. As I told you, as a former trade minister and foreign affairs minister, I'm very well aware of the geopolitical circumstances we're living through. In terms of consulting with allies, I've been talking to colleagues in Europe and in the United States to make sure we have a system of trusted partners when it comes to the resiliency of our supply chain. I think telling the world that, yes, Canada is open for business but that we would, at the same time, apply enhanced national security when it comes to certain areas, like critical minerals, was a great signal and a much-needed signal to make sure that people knew exactly what we would do if they intended to invest in Canada.
:
Thank you for asking that question, Mr. Lemire.
That is exactly what I tried to do, back in March, by issuing new guidelines. We set out a very clear framework under which transactions involving critical minerals, for example, are subject to even greater scrutiny. That is what we did in the case of Neo Lithium and that is what we will continue to do.
As you said, you have to look at each transaction, but you also have to look at all transactions. In the case of the TMAC mining company in Nunavut, we did not hesitate to block the transaction when a foreign investor wanted to buy the company. I also asked China Mobile to divest its assets in Canada.
You're right, and that's why we consult our allies when necessary. That's why we have a rigorous process that works well.
I continue to talk to my partners internationally about supply chains to see how we can have reliable partners in Europe and the United States. Also, in Quebec, we are building a whole battery ecosystem. We've already talked about that. Of course, we are paying a lot of attention to all the issues regarding lithium, manganese, graphite, nickel and cobalt.
:
I do work a lot with Quebec. However, I would like to come back to one thing, because I think the way in which the Investment Canada Act works is misunderstood.
The investigative process and the minister's delegated investigative powers begin on the day we are informed of the transaction, either by notification or by public information. There are a number of stages in this process, but the national security investigation begins on day one. I think there was a reference to another step in the process, which comes later. So I want to explain to Canadians as well as members of the committee that the national security review begins on day one and continues throughout the process.
When we determine that there are reasonable grounds to believe that the transaction could be injurious to national security, we take the process further. As I explained at the outset, it is important to understand how this works, and I would be happy to discuss it with members of the committee.
People do not generally know that the analysis starts from day one, not after 45 days. It even starts as soon as we become aware of a transaction through public information. From that moment, we start our investigation.
:
Thank you for your question.
Canada is well positioned to be a leader because we have all the ingredients needed for production. For example, we have lithium, which is used in the production of batteries. As I mentioned, Quebec has several mines. One of them is the Nemaska Lithium mine, whose refinery will be completed soon, in two or three years. Canada is also a major producer of class 1 nickel, which is essential for battery production. There is also cobalt in Ontario. As I told my colleagues, the only cobalt refinery in North America is in Cobalt, Ontario. In my opinion, this contributes to the fact that Canada is in a position to be a world champion in critical minerals for the battery industry. In Canada, there are also manganese and graphite mines. In Quebec, there are graphite reserves.
With different stakeholders, I am trying to develop a strategy that would go from the mine to the recycling plan.
As we're seeing more and more, the big clients, the European and North American manufacturers, want more diversity in the supply chain. They want supply chains that are closer to them. Canada has the ability to produce responsibly. In terms of the environment, that translates into security of supply, traceability and the fact that Canada is a reliable partner.
My colleagues and I are building an entire ecosystem to produce batteries in Canada. Our strategy ranges from mining to recycling. In fact, over the next few months—at least, I hope so—we'll be making some great announcements that will make our vision a reality: that Canada can be one of the great battery producers in North America.
:
Why weren't the additional 45 days used to verify this transaction?
You are essentially saying that Canadian–owned lithium in Argentina was not the right kind, as that lithium does not meet Canada's needs. However, a Chinese company decided to purchase the lithium for $1 billion. Of course, the purchase includes technological equipment, among other things. China is interested in that, but Canada is not.
I can understand that the lithium used varies from one location to another, but why is Canada giving a business owned by the Chinese state an opportunity to compete with it? Although the lithium is in Argentina, China will transport the mineral back home to process it. It will then sell us batteries. China actually already sells a lot of batteries to us. This is clearly a good move for China.
Why isn't that the case for Canada, given the national security in terms of supply and, as my colleague said, in terms of the relationship between Canada and the United States?
:
I'm happy you asked the question, because one thing I can say is that we did four times as many reviews as the previous government, and we blocked twice as many transactions as the previous government. I think we should take no lessons from the Conservatives when it comes to national security. That's going to be abundantly clear with the annual report that we're going to be submitting.
Listen, I'm happy you asked the question, because not only did I issue in March the new security guidelines when it comes to foreign investment, but I'm the minister who issued the new framework on security when it comes to research in our universities and colleges.
We blocked the transaction, as you may recall, for TMAC in Nunavut, which was the subject of a foreign takeover. We took the proper time, as in the case of Neo Lithium, to review the transaction, and we decided, on the basis of national security, to block it. More recently, you may have seen that, through the Governor in Council, I have ordered China Mobile to divest all its assets in Canada.
Canadians who are watching us tonight can understand that our track record speaks for itself. National security is paramount in our decisions. This was the case with Neo Lithium. Again, to repeat, to be absolutely clear, Neo Lithium was reviewed on a national security basis and was even subjected to the enhanced scrutiny that is called for under the guidelines I've issued, to make sure that this would not be injurious to Canada's national security.
:
On the one hand, we want foreign investment in Canada. It's good. We've seen a number of companies that have been able to grow because we have had foreign investment in the country. On the other hand, we want to make sure we tell the world and the investors that we will protect our national security.
That's what you've seen with the new guidelines that I published in March. They're very specific. They tell the world explicitly that for a foreign company trying to invest in any of these sectors, not only will we do the national security review, which is a multistep process, as I've explained many times, but the transaction will be subject to enhanced scrutiny. That includes state-owned enterprises, and it includes investment when it comes to critical minerals.
It's something that I think is very important, because, yes, we are open for business, but everyone in the world should know that when it comes to critical minerals, personal data, or sensitive technologies, we will always protect national security. We have never hesitated. I have full trust in our National Security and Intelligence Review Agency. They're doing great work. They're the ones who advised us with respect to lithium and all the other transactions, but it's a quasi-judicial process, so we need to apply legal standards when we do that. That's what we did, and that's what we will continue to do.
It's a good question around the processing. When we look at the minerals that come out of the ground and from source, obviously they're not in a form that can be used for things like battery manufacturing or the production of silicon panels, or anything of that nature. We do have a fairly sophisticated processing capacity in Canada. There are 27 different mineral-processing facilities across the country.
One of the issues is of course supply and demand. For example, there are no large-scale battery cell manufacturing companies in Canada yet. The demand for the processed materials that go into them is following where that demand exists, and that demand today is in China and growing everywhere. As Deputy Kennedy said, Canada is growing its importance in bringing in partners and bringing in companies such that those two things will fit together.
The other issue is that processing minerals is very unique in many different ways, and there is of course research and development. In the last budget of 2021, there was about $50 million allocated to NRCan to upscale and do more research and to support research on the processing side to get ahead and continue to develop the ability for Canada to be in a position to continue to develop its processing capabilities.
[English]
Mr. Labonté, as you know, Canada released a list of critical minerals last March. The critical minerals list was created in collaboration with exploration, mining and manufacturing industries and through extensive consultation with the provinces and territories over a period of several months. The list certainly provides greater certainty and predictability to industry, trading partners and investors about what Canada has to offer.
For example, Canada is the only western nation that has an abundance of cobalt, graphite, lithium and nickel, metals that are essential in creating the batteries for electric vehicles of the future. Of course, minerals that can be produced in Canada are essential to domestic industry and security and have the potential to support secure and resilient supply chains to meet global demands.
Can you tell us more about the essential mining strategy that the government is currently developing?
:
Thanks very much for the question. I appreciate the chance to talk about it.
You are correct that the Government of Canada published a list of the 31 different critical minerals that are the most important. As you pointed out, that list was compiled through fairly extensive consultation and analysis. The things that were being looked at for that list were really in relation to their importance to our economic security and the need for Canada to have these critical minerals for the transition of our economy to the economy of the future and a low-carbon economy. They were also things that would be important to potential partners and sustainability activities.
In looking at the list, we established minerals that Canada has as an endowment, minerals that exist in our landscape. Those minerals have the potential to be developed or are already being developed, depending on the nature of that particular material.
Doing so was a way of convening an understanding among the minerals community or the investment community and among the downstream or manufacturing community of where materials and minerals would come from. It was also to rally an understanding of where the direction would be going vis-à-vis the importance of these minerals for the economy, as well as working to grow an understanding of how minerals are developed. That is an important part, because the minerals themselves are one thing, but how they are developed, the partnerships that are involved and the regulatory standards are another. Protection of the environment to the highest standards possible and to the highest standard necessary is part of the way that Canada sees itself and part of the way that Canada presents itself globally.
Canadian mining companies operate in 100 countries around the world and have over $200 billion worth of assets that are part and parcel of their ecosystem. Similarly, there are over $300 billion worth of assets in Canada in our mineral resources. There are some 1,400 different companies operating, developing, prospecting and working through those resources.
:
That's a good question. Canada's fortunate in that there are 20 different lithium projects active in Canada, spread across Alberta, Saskatchewan, Manitoba, Ontario and Quebec.
Canada has two different types of lithium resources. We have lithium brine resources, which are similar to the resources that are found in brine water or liquid sources. The lithium is produced by ventilating, drying and evaporating those resources, and the lithium is what's left over. That lithium is most commonly the lithium that finds its way into the lithium carbonate processing services through the way that it's produced.
The second type of lithium comes from lithium hardrock, which is a hardrock ore body that contains lithium. It is mined, and then the ore body is processed to separate the lithium, which is more predominantly put into lithium hydroxide. It's possible to go either way. Brine can produce hydroxide and the hardrock may be able to produce lithium carbonate. However, the energy cost, the cost of transporting the ore body and the cost of processing that body make it more efficient to do otherwise.
We have 20 different projects active in Canada. The most active ones that are nearer to coming to market are in Quebec, where the mining community has already developed lithium resources. Other active projects are under way in Alberta on the lithium brine side, and in Saskatchewan.
:
Sure. Thank you very much for the question.
We have a very active dialogue that has been ongoing for two and a half or three years with the United States as a critical mineral joint action plan and we have collaborative work with the U.S. under five working groups. It's shared among federal departments. Mr. Kennedy's department co-chairs some of those, as do our defence department and others. We have areas of collaboration around defence. We have research into [Technical difficulty—Editor]. and innovate. We're focused on sharing information, sharing data, having researchers work together and having trade and promotion activities in which U.S. companies are thinking about Canada and Canada is thinking about the U.S.
We have a similar dialogue with the EU. We're in a raw materials partnership with the European Union, which was started about a year ago, and we're co-operating there in research and development and having multilateral dialogue as well.
In all of these, we're aligning where we have common interests around sustainable development, around trying to crack some of the research codes on how to process better and around how to have better environmental performance, for example. That kind of collaborative work has been a priority on critical minerals for a number of years now, and at this point we are continuing that collaboration quite extensively.
:
Maybe I can give a quick answer to this but widen the lens a little bit.
The threshold for going to a full national security review is that something “could” pose a danger—not “would”, but “could”. I want to assure the committee that if we get a clear recommendation from the security and intelligence community that they see a problem, that's going to weigh really heavily on whether a “could” threshold is met. We do not disregard the advice, certainly, coming from the national security folks.
When we do reviews, just to come back to this, the number one thing is whether or not this transaction could pose a risk to Canada's national security. What is the Canadian interest? In terms of the honourable member's question, in this circumstance, a key issue is this: Is this asset likely to ever be of use or exploited by the North American supply chain, by our allies, by the Canadian industry? If the answer is yes, that would obviously merit a lot more depth of review and discussion. If the answer is no, then that would tend to indicate that it's not going to meet the threshold of concern.