Bill S-231 explained in plain English
An Act to amend the Investment Canada Act (human rights violations)
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 40th Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-231 amends the Investment Canada Act to require that violations of human rights, genocide, war crimes, and crimes against humanity committed by or involving investors be considered when determining whether an investment is of net benefit to Canada.
Bill S-231 proposes to change the Investment Canada Act so that the government must consider whether an investor or their related non-Canadian partners have committed human rights violations, genocide, war crimes, or crimes against humanity when deciding whether to approve an investment. Currently, the Investment Canada Act lists several factors the government must consider when determining if an investment benefits Canada, such as the investment's compatibility with Canadian industrial and cultural policies and its contribution to Canada's competitiveness. This bill would add a new factor to that list. Under the bill, the government would need to consider whether the applicant or any "related non-Canadian" has committed or been involved in: - violations of human rights of any person, or - genocide, war crimes, or crimes against humanity as defined in the Crimes Against Humanity and War Crimes Act. The bill defines "related non-Canadian" to include non-Canadians who are related to or affiliated with the applicant (using definitions from the Income Tax Act), any other non-Canadians prescribed by regulation, and government-owned or government-controlled investment funds. If a government is identified as a related non-Canadian, all other governments in that country and their agencies would also be considered related non-Canadians. The bill would apply only to investment applications filed after it comes into force. The bill would come into force one year after receiving assent, or earlier if the Governor in Council orders it into force sooner.
- Adds a new factor (paragraph 20(1)(g)) to the Investment Canada Act that the government must consider when determining if an investment is of net benefit to Canada
- Makes human rights violations, genocide, war crimes, and crimes against humanity committed by or involving investors a consideration in investment approval decisions
- Defines 'related non-Canadian' to include non-Canadians related to or affiliated with the applicant under the Income Tax Act, other prescribed non-Canadians, and government-owned or controlled investment funds
- Establishes that if a government is a related non-Canadian, all other governments in the same country (national, regional, or municipal) and all government agencies are also related non-Canadians for purposes of this provision
- Applies the new provision only to investment applications filed after the bill comes into force
- Comes into force on the earlier of: (a) one year after assent, or (b) a date set by Governor in Council
- Foreign investors and non-Canadians seeking to make investments in Canada that require approval under the Investment Canada Act
- Non-Canadians related to or affiliated with investment applicants
- Foreign government-owned or government-controlled investment funds
- The Government of Canada, which must consider the new factor when reviewing investment applications
- The government must take into account whether the applicant or any related non-Canadian has committed or been involved in human rights violations, genocide, war crimes, or crimes against humanity when determining if an investment is of net benefit to Canada
- Investment applications must be filed after the bill comes into force for the new provision to apply
- Bill comes into force on the earlier of: (a) one year after the day it receives assent, or (b) a date set by the Governor in Council
- The new provision applies only to investment applications filed on or after the day it comes into force
- The bill text does not specify what process the government would use to determine whether an investor has committed or been involved in human rights violations, genocide, war crimes, or crimes against humanity
- The bill text does not specify what weight this factor would be given relative to other factors the government considers under section 21 of the Investment Canada Act
- The bill text does not specify what sources or evidence would be used to identify violations
- The bill references regulations that could prescribe additional non-Canadians to be considered 'related non-Canadians,' but the bill does not specify which non-Canadians would be prescribed
- The bill text does not clarify the practical difference between 'committed' versus 'been involved in' the specified violations
- The bill's status indicates it was at second reading in the Senate as of the provided information; it is unclear whether it became law
Adds a new factor that the government must consider when determining if an investment is of net benefit to Canada, requiring consideration of whether the applicant or related non-Canadians have committed human rights violations, genocide, war crimes, or crimes against humanity
Source: Section 20, paragraphs (1) and (2)
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
Bill S-231 completed its first reading in the Senate on March 31, 2009, and was later set for second reading.
This record shows that Bill S-231, an Act to amend the Investment Canada Act concerning human rights violations, completed its first reading in the Senate on March 31, 2009. The bill was then set for second reading.
During the Senate sitting on March 31, 2009, Bill S-231, an Act to amend the Investment Canada Act (human rights violations), received its first reading, and the Senate proceeded with other routine business.
On March 31, 2009, the Senate of Canada held its first reading for Bill S-231, an Act to amend the Investment Canada Act concerning human rights violations. This marks the initial procedural step for the bill in the Senate. The rest of the sitting involved various routine proceedings, including the tabling of reports, the first reading of other bills, and discussions on diverse topics such as the Canadian Forces, human rights, the budget, and the CBC. The Senate also addressed procedural matters, including a point of order and a question of privilege.
Bill S-231, concerning amendments to the Investment Canada Act regarding human rights violations, was undergoing debate at the second reading stage in the Senate as of December 2, 2009.
This artifact details the procedural status of Bill S-231 in the Senate. The bill was at the second reading stage. Debates related to the bill occurred on several dates, with the latest recorded debate happening on December 2, 2009. The bill's first reading was on March 31, 2009, and its second reading formally began on April 2, 2009, with a speech from the sponsor, Senator Yoine Goldstein.
During a Senate sitting on April 2, 2009, Bill S-231, aiming to amend the Investment Canada Act to consider human rights violations in investment decisions, was introduced for second reading debate, but the debate was adjourned without conclusion.
This record details a Senate sitting on April 2, 2009, where various routine proceedings, questions, and debates took place. Notably, Bill S-231, concerning amendments to the Investment Canada Act to include human rights considerations in investment approvals, was introduced for second reading debate. The debate on this bill was adjourned, meaning it was not concluded during this sitting. Other proceedings included the presentation of committee reports, discussions on economic stimulus, human rights in Afghanistan, employment insurance, and debates on other bills, including an anti-spam bill and a bill to amend the Criminal Code regarding identity theft. There was no vote on Bill S-231 during this sitting.
In the Senate on April 2, 2009, Senator Yoine Goldstein introduced Bill S-231 at second reading, an act to amend the Investment Canada Act regarding human rights violations, after which the debate was adjourned.
On April 2, 2009, the Senate was at the second reading stage for Bill S-231, An Act to amend the Investment Canada Act (human rights violations). Senator Yoine Goldstein, the sponsor of the bill, made a speech to introduce the bill and its purpose. The debate was adjourned, meaning it was not completed on this day and will continue at a later time. The Senate's proceedings for this day also included other items such as senators' statements on various topics, the presentation of committee reports, responses to questions, and debates on other bills.
During a Senate sitting on June 4, 2009, debate on Bill S-231, concerning amendments to the Investment Canada Act related to human rights violations, was adjourned to allow for further analysis.
On June 4, 2009, the Senate convened. A significant portion of the sitting was dedicated to routine proceedings, including the tabling of various committee reports and the first reading of new bills. The Senate also continued debate on several items on its Order Paper. Notably, Bill S-231, An Act to amend the Investment Canada Act (human rights violations), was listed for second reading debate, but the debate was adjourned by the Deputy Leader of the Government as the analysis of the bill's repercussions was not complete.
The Senate continued the debate on Bill S-231 at second reading, adjourned the debate, and conducted other Senate business, including recognizing the "Famous Five" as honorary senators.
On October 8, 2009, the Senate continued its debate on Bill S-231, an Act to amend the Investment Canada Act concerning human rights violations. The debate was continued and then adjourned. In addition to this, other Senate business included tabling reports, questions, and debates on other bills and matters. The Senate also recognized the "Famous Five" as honorary senators.
The Senate continued the debate on Bill S-231 at second reading and adjourned it, while also addressing other committee and procedural matters.
On December 2, 2009, the Senate continued debate on Bill S-231, an Act to amend the Investment Canada Act concerning human rights violations. The debate on this bill was adjourned, meaning it was not completed and will continue at a later date. The Senate also dealt with other procedural matters, including authorizing committees to meet while the Senate is sitting and discussing various reports and motions. Additionally, the Senate engaged in Question Period, where Senators asked questions on topics such as affordable housing, catastrophic drug programs, and budget reductions in the Department of National Defence. Several other bills and motions were also addressed during the sitting.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced