Commitments without Borders: A debate on Bill C-300

Oct 15 2009 - 6:30pm

Location

McMillan LLP, Lawyers The Rowell Rooms, Brookfield Place
181 Bay St Suite 4400
Toronto, ON M5J 2T3
Canada
Phone: 416-386-4318
43° 38' 49.8408" N, 79° 22' 46.632" W

Bill C-300, An Act Respecting Corporate Accountability for the Activities of Mining, Oil or Gas Corporations in Developing Countries, represents the best chance we have as Canadians to assure that Canadian extractive companies follow human rights and environmental best practices when they operate overseas. It also represents our best chance to assure the accountability of our government to us, as taxpayers and citizens, by assuring that government financial and political support will not be provided to companies that breach human rights and environmental standards.

Bill C-300 is a private members bill introduced by Liberal MP John McKay on February 9, 2009. Bill C-300 implements a number of key recommendations from the March 2007 Final Report of the Corporate Social Responsibility (CSR) Roundtables.The recommendations reflect the consensus of a multi-stakeholder advisory group that had representatives from industry and civil society groups including MiningWatch Canada.

In March 2009 the Canadian Government announced their response to the Roundtables' final report. The Government’s response is woefully inadequate as it contains no effective complaints mechanism and no possibility of sanctions for companies not complying with voluntary guidelines.

Bill C-300 remedies these flaws. On April 22, 2009 Bill C-300 narrowly passed a vote in the House of Commons and is now being debated in the Standing Committee on Foreign Affairs and International Development.

Bill C-300 -Would regulate the relationship between Canadian government agencies (Export Development Canada, the Department of Foreign Affairs and International Trade, and the Canadian Pension Plan) and Canadian extractive companies operating in developing countries. -Would create eligibility criteria (“guidelines that articulate corporate accountability standards”) for political and financial support that is provided to Canadian extractive companies by Export Development Canada, the Department of Foreign Affairs and International Trade, and the Canadian Pension Plan. -Would require that “guidelines that articulate corporate accountability standards” include the International Finance Corporation Performance Standards, related guidance notes, and Environmental Health and Safety General Guidelines; the Voluntary Principles on Security and Human Rights; “human rights provisions that ensure corporations operate in a manner that is consistent with international human rights standards; and any other standard consistent with international human rights standards.” -Would create a complaints mechanism where complaints are filed with the Ministers of Foreign Affairs and International Trade. If accepted, the complaint would lead to an investigation of a company’s compliance with the guidelines and a public report on findings within eight months of receipt of the complaint. A company may become ineligible for government support for as long as it is out of compliance with the guidelines.

Contact name: 
Keith Martin President, Canadian International Coucil
Contact email: