Corporate Accountability for Canada’s Mining, Oil and Gas Sectors Abroad Parliamentary Report Card anadian extractive sector companies have a significant presence around the world, including in developing and emerging economies.1 Increasingly, Canadian companies’ overseas operations are associated with Ccredible accusations of human rights abuse- including forced labour, sexual violence and involuntary relocation. The Government of Canada has an important role to play in promoting corporate accountability and an obligation to ensure that Canadian companies respect international human and labour rights wherever they operate. This Parliamentary Report Card documents • the commitments made by Canadian federal political parties to adopt corporate accountability mechanisms in Canada and • the MP voting record on legislation to create an Ombudsman for the international extractive sector in Canada. 1VOTING RECORD: DOES YOUR MP SUPPORT THE CREATION OF AN EXTRACTIVE SECTOR OMBUDSMAN? (See a detailed breakdown of how MPs voted on the next pages) Second Reading Vote on Bill C-584, Extractive Sector Ombudsman Bill October 1, 2014 Voted in SUPPORT of the Ombudsman bill Voted AGAINST the Ombudsman bill Conservative Party: 0 Conservative Party: 149 New Democratic Party: 86 New Democratic Party: 0 Liberal Party: 34 Liberal Party: 0 Bloc Québécois: 2 Bloc Québécois: 0 Green Party: 2 Green Party: 0 Independent: 3 Independent: 1 1 For example, over half of the world’s mining and mineral exploration companies are headquartered in Canada, with operations in over 100 countries. (NRCAN 2013, http://www.international.gc.ca/trade-agreements-accords- commerciaux/assets/pdfs/Enhanced_CS_Strategy_ENG.pdf) 2 PUBLIC COMMITMENTS: WHICH PARTIES HAVE COMMITTED TO MAKE CANADA OPEN FOR JUSTICE?2 (See more detailed corporate accountability commitments for each party on the next pages) Conservative Party New Democratic Liberal Party Green Party Bloc Québécois of Canada Party of Canada of Canada Not yet YES YES YES YES WHAT WILL EACH POLITICAL PARTY DO TO ADVANCE INTERNATIONAL CORPORATE ACCOUNTABILITY IN CANADA?3 CREATE AN EXTRACTIVE-SECTOR OMBUDSMAN? Conservative Party New Democratic Liberal Party Green Party Bloc Québécois of Canada Party of Canada of Canada No Yes Yes Yes Yes …we believe that the … institute a … set up an i … establish an …would create two“ dispute resolution Corporate“ Social ndependent“ ombudsman“ office a“ Canadian mechanisms Responsibility ombudsman office with the power to Extraterritorial currently in place Ombudsman to advise Canadian investigate and evaluate Activities Review –the Office of theCSR responsible for companies, consider complaints… and Commission to Counsellor, and the investigating complaints made determine levels of receive complaints NCP … [for] … the complaints filed against against them, and compliance with the and conduct inquiries OECD Guidelines for Canadian extractive investigate those established standards. … The President of Multinational Enter- companies working complaints where it ” the Commission would prises –are the most abroad.” is deemed warranted.” be the equivalent of effective means for an Ombudsman.” resolving disputes.” 2 The CNCA considers a party to have made a commitment to ensure access to justice in Canada when it has committed to facilitate access to Canadian courts and/or create an extractive sector Ombudsman. 3 The following chart contains excerpts from Canadian federal political parties’ policy platforms and excerpts from responses by party representatives to CNCA requests for information. For further information see www.cnca-rcrce.ca. Sources: New Democratic Party of Canada, Canada cares: Our vision for international development cooperation, pp. 6-7; Liberal Party of Canada response to questionnaire – received via email. Green Party of Canada, Vision Green 2015, p. 131, Bloc Québécois response to questionnaire – received via email in French (English translation is our own). 2 FACILITATING ACCESS TO CANADIAN COURTS? Conservative Party New Democratic Liberal Party Green Party Bloc Québécois of Canada Party of Canada of Canada No Yes No Yes ? The Conservative Party … adopt a strong The Liberal Party of Develop laws The Bloc Quebecois of Canada response legal“ corporate Canada response did not similar“ to the U.S.’s offer an alternative did not commit to accountability commit to any specific Alien Tort Claims avenue to seek justice: any specific action framework for action to facilitate Act that will allow Transform inter- to facilitate access to Canadian companies access to Canadian those who are national“ corporate Canadian courts. The abroad, including … courts. The response not Canadian to social responsibility response does state that access to judicial did state that the Party sue Canadian codes of conduct into … dispute resolution remedy. is … committed corporations for binding legislation mechanisms“ (CSR ” to “the principles gross violations … would allow foreign Office and OECD NCP) of justice and the of basic human, citizens to make a are not meant to replace protection of human environmental, or complaint for failure to local mechanisms, nor rights for all people labour rights … comply with codes of do they preclude around the world, and ” conduct that would now the use of court we will safeguard fun- have legal force. The systems. damental human rights result would be an ” both here at home and end to violations ... the abroad.” best form of justice.” IMPLEMENTING THE NATIONAL ROUNDTABLES’ RECOMMENDATIONS?4 Conservative Party New Democratic Liberal Party Green Party Bloc Québécois of Canada Party of Canada of Canada ? Yes Yes Yes Yes No mention … implement the A Liberal government Adopt the The proposed was made of the recommendations“ will“ act on the recommendations“ Canadian National Roundtable of the 2007 National (National Roundtables) of the Advisory Report Extraterritorial Recommendations. Roundtables on Advisory Group’s from the National Activities Review Corporate Social recommendations, Roundtables on Commission is an Responsibility to including adopting Corporate Social attempt to implement ensure that Canadian Canadian CSR Responsibility. This the Recommendations companies abide by standards. framework sets out of the National international human ” clear standards Roundtables on CSR. rights law and and reporting environmental obligations standards when for Canadian operating overseas, corporations. and develop and ” enforce sanctions if they do not.” 4 In 2007 civil society and industry involved in the National Roundtables on Corporate Social Responsibility and the Canadian Extractive Industry in Developing Countries reached an unprecedented consensus around public policy recommendations. 3 OTHER COMMITMENTS Conservative Party New Democratic Liberal Party Green Party Bloc Québécois of Canada Party of Canada of Canada …under our … adopt a strong The Liberal Party Introduce legislation After inquiry by refreshed“ CSR Strategy, legal“ corporate of“ Canada has long to“ hold Canadian the“ Commission, a a decision by a accountability been fighting for corporations that company found to be company not to framework for transparency, are working overseas at fault would have no cooperate with Canadian companies accountability and to the same right to any federal Canada’s National abroad, including sustainability in environmental government support Contact Point or the clear standards with the mining sector. and human rights of any kind, including CSR Counsellor’s robust sanctions for Canadians rightly standards as they are from crown corporations review process will be non-compliance; a expect Canadian subject to in Canada” such as the EDC.” made public and cause strong independent businesses at home Prevent legal Through the the Government of oversight body; and and abroad to reflect intimidation“ of ordinary amendment“ of the Canada’s support access to judicial our values, and the people by limiting the Special Economic in foreign markets remedy.” success of Canadian rights of corporations Measures Act, we to be withdrawn…” Strengthen business rests, in part, to sue groups and would, in cases of transparency,“ on Canada’s good individuals only serious violations, accountability, and reputation. Continuing for actual loss” empower the responsibility of to address these issues “Prohibit the use government to Canadian companies and finding meaningful of SLAPP suits bar a company operating overseas.” solutions is a priority (Strategic Litigation from pursuing for the Liberal Party against Public its activities.” of Canada.” Participation) so often used by large corporations to frighten and silence … critics.” DOES YOUR MP SUPPORT THE CREATION OF AN EXTRACTIVE SECTOR OMBUDSMAN? The following lists the votes of all Members of Parliament at the Second Reading of Bill C-584, Corporate Social Responsibility of Extractive Corporations Outside Canada Act: An Act respecting the Corporate Social Responsibility Inherent in the Activities of Canadian Extractive Corporations in Developing Countries, on October 1, 2014. FOR New Democratic Party (86): Malcolm Allen, Charlie Angus, Niki Ashton, Robert Aubin, Tyrone Benskin, Dennis Bevington, Denis Blanchette, Françoise Boivin, Charmaine Borg, Marjolaine Boutin-Sweet, Tarik Brahmi, Ruth Ellen Brosseau, Guy Caron, Andrew Cash, Chris Charlton, Sylvain Chicoine, Robert Chisholm, François Choquette, David Christopherson, Ryan Cleary, Raymond Côté, Nathan Cullen, Libby Davies, Don Davies, Anne-Marie Day, Paul Dewar, Pierre Dionne Labelle, Fin