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Bryan Davis: State owned enterprises: Chinese fdi in Canada via the lenses of perceptual, political,
economic and social considerations
The Chinese mandate mirrors that of Canada. For instance, securing and diversifying energy
supply and developing technical expertise in unconventional resources are major goals.
Comparatively, Canada is looking at diversifying resource export markets as the United States,
currently accounts for the majority of Canadian energy exports. This is a threat for Canada as
the United States is poised to become, possibly, the world’s largest producer of oil and energy
self-sufficient. With two very closely aligned mandates Canada and China present themselves as
excellent partners for future FDI endeavors. The logical first step has been 18 years in the
making: the Sino-Canadian Foreign Investment Promotion and Protection Agreement.
Foreign Investment Promotion and Protection Agreement
A major element of Canada’s trade overtures to China has been the Foreign Investment
Promotion and Protection Agreement (FIPA) brokered by the Harper government. There has
been significant criticism of the Agreement. Diane Francis calls attention to what she perceives
as the “one-sidedness” of the document: the lack of reciprocity, missing transparency within the
dispute resolution mechanisms, and potentially open-ended legal awards if Chinese firms can
prove they have been harmed by any Canadian branch of government.
Ultimately, reciprocity appears to be the most contentious element of the Chinese FIPA.
For instance, the premise that the $15.10 billion Nexen deal can potentially take place, yet
Scotiabank’s $0.726 billion desired acquisition in China remaining paralysed for over a year is
considered galling by many observers. Yet, reciprocity consideration may be a somewhat
premature and out of scope at this given time. Professor Edy Wong questions if “Canadian
companies [are] ready to confront the difficult and highly regulated Chinese market.”Ultimately,
the coolest heads will likely prevail. Diane Francis appeared to offer a somewhat emotional
response to the FIPA deal despite her stature as a respected journalist in the Financial Post. Ms.
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