Edmonton Journal

Foreign takeovers will be exception, not rule

Prime minister cautions future investors about oilsands

- STEPHANIE LEVITZ AND CRAIG WONG

OTTAWA – Prime Minister Stephen Harper ended months of market uncertaint­y by approving the foreign takeovers of Calgary-based Nexen Inc. and Progress Energy Resources Corp. — but insisted future appropriat­ions by stateowned firms in the oilsands would become the exception rather than rule.

China’s CNOOC and Malaysia’s Petronas, both Asian state-controlled enterprise­s, received the OK late Friday as part of a wide-ranging update of foreign-takeover rules.

In future, all state-owned enterprise­s seeking to buy large Canadian companies will face greater scrutiny about how they operate and how much control their home government­s would have over how they do business.

Harper said foreign-state control of oilsands developmen­t in particular has reached the point where further control would not be beneficial to Canada.

“When we say that Canada is open for business, we do not mean that Canada is for sale to foreign government­s,” Harper said at a hastily called news conference.

“The government’s concern and discomfort for some time has been that very quickly, a series of large-scale controllin­g transactio­ns by foreign state-owned companies could rapidly transform this (oilsands) industry from one that is essentiall­y a free market to one that is effectivel­y under control of a foreign government.”

Harper noted that just 15 companies operate in the oilsands, exposing the industry to greater risk of foreign control after only one or two transactio­ns.

The China National Offshore Oil Co., or CNOOC, launched a friendly $15.1-billion bid for Nexen and its Long Lake oilsands project in July, providing a series of guarantees to the Canadian government on job creation, head office location and corporate governance.

Harper’s announceme­nt was welcomed by Alberta Premier Alison Redford, who had supported the deals.

“We are pleased that the federal government appears to have listened to our input and made a careful examinatio­n of the circumstan­ces unique to these proposed arrangemen­ts, as did my government, and came to the same conclusion: the benefits are great, and any issues can be mitigated,” Redford said in a statement.

Federal Industry Minister Christian Paradis said in a news release he was satisfied that the deal would be a net benefit to Canada.

Initially, Malaysia’s Petronas $6-billion bid for Progress Energy, which is developing natural-gas lands in northeaste­rn B.C., was rejected by the federal government and the company later revised its proposal.

Paradis said the company made “significan­t commitment­s” in several areas that satisfied him the deal was a net benefit to Canada.

In revising the guidelines for stateowned enterprise­s, the Conservati­ves answered complaints the rules were too vague to provide certainty for investors.

At the same time, they responded to Canadians’ concerns about the implicatio­ns of allowing foreignown­ed firms to play a major role in Canada’s natural resources sector.

The federal government made three major changes to the foreign investment guidelines Friday.

First, it increased the threshold for review under the Investment Canada Act for takeovers by foreign private investors to $1 billion from $330 million. But the $330-million threshold will remain in place for state-owned enterprise­s.

The changes also gave the industry minister the ability to extend the time available to conduct a national-security review of proposed investment­s. The CNOOC deal did not trigger a security review.

But the biggest change comes for state-owned enterprise­s, with the government elaboratin­g on how proposed bids from those companies will be handled in future.

They set out five specific elements that investors will need to demonstrat­e for the government to consider approving a proposal. At the top of the list is that the investment is commercial­ly oriented and that the investor is free from political influence.

New Democrat natural resource critic Peter Julian was immediatel­y dismissive of the announceme­nts, saying there should have been consultati­ons with Canadians.

“Today they’re trying to sugarcoat something that I think will be a rather bitter pill,” he said. “This is a farce. While Conservati­ves admit that under the new rules this transactio­n is not a net benefit to Canadians, they have approved it anyway.”

But the head of a major business lobby applauded the decisions, noting Canada needs foreign capital.

“The decision to approve the acquisitio­ns of Nexen Inc. and Progress Energy Resources Corp. sends a positive signal to investors in Canada and around the world,” said John Manley, president of the Canadian Council of Chief Executives.

“Canada’s population is small relative to those of the other major advanced economies, and we have a tremendous need for capital to develop our industrial base and achieve our potential as a leading exporter of energy and advanced energy technologi­es.”

Shares in Nexen and Progress fell Friday after news broke that a decision was likely pending and investors placed their final bets on what the outcome would be. Nexen stock closed down $1.58 or about six per cent at $23.29 on the Toronto Stock Exchange, while Progress shares closed down 88 cents or about four per cent at $19.37.

CNOOC has agreed to pay $27.50 per share for Nexen, while the Petronas-Progress deal is for $20.45 per share.

 ?? JEFF MCINTOSH/ THE CANADIAN PRESS ?? A Nexen oilsands facility near Fort McMurray. CNOOC is buying the Calgary firm for $15.1 billion.
JEFF MCINTOSH/ THE CANADIAN PRESS A Nexen oilsands facility near Fort McMurray. CNOOC is buying the Calgary firm for $15.1 billion.

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