Canada’s new foreign investment rules: financing impacts for critical minerals projects
Reviewed by Joe Ashwell

First reported on MINING.com
30 Second Briefing
Canada’s 2024 Investment Canada Act amendments will, from early 2027, impose mandatory pre-closing filings on certain non-control foreign investments in “prescribed” sensitive sectors, expected to include critical minerals, where investors gain access to material non-public technical information, key assets or governance rights. Critical minerals juniors relying on strategic minority investors for exploration, feasibility and project build-out may face at least a 45-day national security screening, with some reviews extending to 200 days, forcing longer financing timelines and more complex deal structuring, such as staged tranches. Ottawa’s aim is to vet sensitive deals before closing and avoid repeat divestiture orders like the 2022 forced exits of Sinomine, Chengze Lithium and Zangge Mining from Canadian lithium and rare metals projects.
Technical Brief
- 2024 Investment Canada Act amendments extend mandatory filings to non-control deals granting access to material non-public technical data, material assets or special governance rights.
- Sensitive “prescribed business activities” will be defined by regulation, drawing on Canada’s Sensitive Technology List and existing national security policy statements.
- Critical minerals are already treated as a national security priority sector under Canada’s foreign investment policy framework.
- Current regime allows post-closing notifications up to 30 days after implementation for sub-threshold control acquisitions; minority stakes are presently only voluntarily notifiable.
- National security review powers already apply to any foreign investment regardless of deal value or whether control is acquired, enabling scrutiny of very small stakes.
- 2022 divestiture orders forced Sinomine out of Power Metals, Chengze Lithium out of Lithium Chile and Zangge Mining out of Ultra Lithium, illustrating enforcement reach over minority positions.
- Financing structures may need to separate “no-rights” cash tranches from later tranches granting information or governance rights that are deliberately routed through the notification and screening process.
Our Take
The 2022 divestiture orders affecting Sinomine Rare Metals Resources, Chengze Lithium International and Zangge Mining Investment (Chengdu) put Canada’s lithium and broader critical minerals space on a similar strategic footing to the US and EU, signalling that Chinese capital into Canadian lithium juniors such as Power Metals, Lithium Chile and Ultra Lithium Inc. is likely to face sustained scrutiny rather than one‑off interventions.
With key provisions only taking effect in early 2027 but an anticipated 45‑day initial screening for many critical minerals deals, copper and gold developers in Canada now have a multi‑year window to restructure JV and offtake strategies so that foreign participation is spread across multiple non‑state investors, which tends to fare better under recent security‑driven reviews in our database.
Other critical minerals coverage in our database, such as the May 2026 piece on copper’s record run and US–Canada policy coordination, suggests Ottawa’s tighter foreign investment regime will likely be paired with more domestic or allied funding tools, meaning Canadian critical minerals juniors may need to trade easier access to Chinese capital for potentially slower but more politically aligned North American or European money.
Prepared by collating external sources, AI-assisted tools, and Geomechanics.io’s proprietary mining database, then reviewed for technical accuracy & edited by our geotechnical team.
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