Corporate Accountability of Mining, Oil and Gas Corporations in Developing Countries Act

An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

John McKay  Liberal

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of Oct. 27, 2010
(This bill did not become law.)

Summary

This is from the published bill.

The purpose of this enactment is to promote environmental best practices and to ensure the protection and promotion of international human rights standards in respect of the mining, oil or gas activities of Canadian corporations in developing countries. It also gives the Minister of Foreign Affairs and Minister of International Trade the responsibility to issue guidelines that articulate corporate accountability standards for mining, oil or gas activities and it requires the Ministers to submit an annual report to both Houses of Parliament on the provisions and operation of this Act.

Similar bills

C-300 (40th Parliament, 2nd session) Corporate Accountability of Mining, Oil and Gas Corporations in Developing Countries Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-300s:

C-300 (2022) An Act to amend the Department of Public Works and Government Services Act, the Defence Production Act and the Federal-Provincial Fiscal Arrangements Act (Canadian products and services)
C-300 (2021) An Act to amend the Excise Tax Act (books by Canadian authors)
C-300 (2016) An Act to amend the Federal-Provincial Fiscal Arrangements Act (Canada Health Transfer)
C-300 (2011) Law Federal Framework for Suicide Prevention Act

Votes

Oct. 27, 2010 Failed That Bill C-300, An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries, be concurred in at report stage.
Oct. 27, 2010 Failed That Bill C-300 be amended by deleting Clause 10.
Oct. 27, 2010 Failed That Bill C-300, in Clause 9, be amended by replacing line 17 on page 6 with the following: “functions under subsection (2)”
Oct. 27, 2010 Failed That Bill C-300, in Clause 8, be amended by replacing line 36 on page 5 with the following: “enter into or renew a transaction”
Oct. 27, 2010 Failed That Bill C-300, in Clause 5, be amended by replacing lines 18 to 23 on page 4 with the following: “( a) the IFC's(i) Policy on Social and Environmental Sustainability,(ii) Performance Standards on Social and Environmental Sustainability and Guidance Notes to those standards, (iii) applicable Industry Sector Guidelines, and(iv) General Environmental, Health and Safety Guidelines;”
Oct. 27, 2010 Failed That Bill C-300, in Clause 5, be amended by replacing line 17 on page 4 with the following: “(2) The guidelines shall be substantially consistent with:”
Oct. 27, 2010 Failed That Bill C-300, in Clause 4, be amended by adding after line 12 on page 4 the following: “(11) Every investment manager who invests the assets of the Canada Pension Plan Investment Board pursuant to the Canada Pension Plan Investment Board Act shall take into account the results of examinations and reviews undertaken pursuant to this section.”
Oct. 27, 2010 Failed That Bill C-300, in Clause 4, be amended by replacing lines 39 to 44 on page 3 with the following: “(8) If a corporation is found by a Minister to have contravened a guideline referred to in section 5, the corporation shall have six months, from the date of publication of the Minister’s finding, to bring itself into compliance. During that period, no adverse steps resulting from that breach of compliance shall be taken against the corporation by Export Development Canada pursuant to section 10.2 of the Export Development Act or by the Department of Foreign Affairs and International Trade pursuant to section 10 of the Department of Foreign Affairs and International Trade Act.(8.1) The Ministers shall publish in the Canada Gazette their findings regarding compliance with the guidelines within a period of 30 days after the conclusion of the grace period provided for in subsection (8).(8.2) If, at the end of that grace period, the corporation remains in contravention of a guideline, as determined by the Ministers, the Ministers shall, within a period of 30 days, notify the President of Export Development Canada and the Chairperson of the Canada Pension Plan Investment Board that the corporation’s mining, oil or gas activities are inconsistent with the guidelines referred to in section 5. (8.3) If a corporation found to be in contravention of a guideline at the end of the grace period provided for in subsection (8) subsequently undertakes corrective actions, the corporation may request the Ministers to review the results of those actions and make a determination regarding compliance with the guidelines. The request shall be made in writing and shall include such information as is required to determine compliance with the guidelines. (8.4) Subsections (3), (4), (6) and (7) apply to a request for review provided under subsection (8.3) as if it were a complaint. (8.5) If the Ministers determine through a review that the corporation remains in contravention of a guideline, the Ministers shall notify the President of Export Development Canada and the Chairperson of the Canada Pension Plan Investment Board that the corporation’s mining, oil or gas activities are inconsistent with the guidelines referred to in section 5.”
Oct. 27, 2010 Failed That Bill C-300, in Clause 4, be amended by replacing line 32 on page 3 with the following: “undertaken pursuant to this section, which shall include a determination regarding the corporation’s compliance with the guidelines set out in section 5 and the Ministers' basis for any finding, within eight”
Oct. 27, 2010 Failed That Bill C-300, in Clause 4, be amended by replacing lines 22 and 23 on page 3 with the following: “ister who receives the complaint shall consider any relevant information provided by the corporation or the”
Oct. 27, 2010 Failed That Bill C-300, in Clause 4, be amended by replacing, in the English version, lines 3 and 4 on page 3 with the following: “receive complaints regarding Canadian corporations engaged in mining, oil or gas activities”
Oct. 27, 2010 Failed That Bill C-300, in Clause 3, be amended by replacing, in the French version, line 34 on page 2 with the following: “3. La présente loi vise à faire en sorte que les”
Oct. 27, 2010 Failed That Bill C-300, in Clause 2, be amended by replacing lines 12 to 16 on page 1 with the following: ““developing countries” means countries classified as low income, lower middle income or upper middle income in the World Bank list of economies, as amended from time to time.”
Oct. 27, 2010 Failed That Bill C-300, in Clause 2, be amended by replacing, in the French version, lines 10 to 13 on page 1 with the following: “Opérations de recherche, notamment par forage, de production, de rationalisation de l'exploitation, de transformation et de transport de ressources minérales, de pétrole ou de gaz, réalisées dans le territoire d'un”
Oct. 27, 2010 Failed That Bill C-300, in Clause 2, be amended by replacing lines 9 to 11 on page 1 with the following: ““corporation” means any company or legal person incorporated by or under an Act of Parliament or of any province, and includes holding or subsidiary companies of the corporation.”

The Speaker Peter Milliken

I would like to make a statement concerning private members' business. Standing Order 86.1 states that all items of private members' business originating in the House of Commons that have been listed on the order paper during the previous session shall be deemed to have been considered and approved at all stages completed at the time of prorogation.

In practical terms, this means that notwithstanding prorogation, the list for the consideration of private members' business established at the beginning of the 40th Parliament shall continue for the duration of this Parliament.

All items will keep the same number as in the first and second sessions of the 40th Parliament. More specifically, all bills and motions standing on the list of items outside the order of precedence shall continue to stand. Bills that had met the notice requirement and were printed in the order paper, but had not yet been introduced, will be republished on the order paper under the heading “Introduction of Private Members' Bills”. Bills that had not yet been published on the order paper need to be re-certified by the office of the Law Clerk and Parliamentary Counsel and be resubmitted for publication on the notice paper.

All items in the order of precedence are deemed to have been considered and approved at all stages completed at the time of prorogation. Thus, they shall stand, if necessary, on the order paper in the same place or, as the case may be, referred to the appropriate committee or sent to the Senate.

At prorogation, there were 11 private members' bills originating in the House of Commons adopted at second reading and referred to the appropriate committee. Therefore, pursuant to Standing Order 86.1: Bill C-290, An Act to amend the Income Tax Act (tax credit for loss of retirement income), is deemed referred to the Standing Committee on Finance.

Bill C-300, An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries, is deemed referred to the Standing Committee on Foreign Affairs and International Development.

Bill C-304, An Act to ensure secure, adequate, accessible and affordable housing for Canadians, is deemed referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

Bill C-308, An Act to amend the Employment Insurance Act (improvement of the employment insurance system), is deemed referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

Bill C-309, An Act establishing the Economic Development Agency of Canada for the Region of Northern Ontario, is deemed referred to the Standing Committee on Industry, Science and Technology.

Bill C-310, An Act to Provide Certain Rights to Air Passengers, is deemed referred to the Standing Committee on Transport, Infrastructure and Communities.

Bill C-391, An Act to amend the Criminal Code and the Firearms Act (repeal of long-gun registry), is deemed referred to the Standing Committee on Public Safety and National Security.

Bill C-393, An Act to amend the Patent Act (drugs for international humanitarian purposes) and to make a consequential amendment to another Act, is deemed referred to the Standing Committee on Industry, Science and Technology.

Bill C-395, An Act to amend the Employment Insurance Act (labour dispute), is deemed referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

Bill C-442, An Act to establish a National Holocaust Monument, is deemed referred to the Standing Committee on Transport, Infrastructure and Communities.

Bill C-464, An Act to amend the Criminal Code (justification for detention in custody), is deemed referred to the Standing Committee on Justice and Human Rights.

Pursuant to Standing Order 97, committees will be required to report on these reinstated private members’ bills within 60 sitting days of this statement.

In addition, one private members’ bill originating in the House of Commons had been read the third time and passed. Therefore, pursuant to Standing Order 86.1, the following bill is deemed adopted at all stages and passed by the House.

Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years). Accordingly, a message will be sent to the Senate to inform it that this House has adopted this bill.

As they are no longer members of this House, all the items standing in the name of Ms. Dawn Black, Mr. Bill Casey and Mr. Paul Crête will be dropped from the order paper.

Consideration of Private Members’ Business will start on Friday, March 5, 2010.

To conclude, hon. members will find at their desks an explanatory note recapitulating these remarks. I trust that these measures will assist the House in understanding how private members' business will be conducted in the third session. In addition, the table can answer any questions members may have.

Bill C-470Points of OrderOral Questions

December 1st, 2009 / 3:30 p.m.


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Kootenay—Columbia B.C.

Conservative

Jim Abbott ConservativeParliamentary Secretary to the Minister of International Cooperation

Mr. Speaker, one of the things that I think that we should be taking a look at, bearing in mind that of course we are governed by the documents that are currently on the Table, is the issue of the additional expenditures that would be required by a given department from time to time, as a result of private members' legislation.

Let me give an example. We presently have Bill C-300 before us at committee. If we were to take a look at the documents on the Table of this House, there may be some question as to whether that bill, should it succeed to come back to the chamber, would require a royal recommendation. Perhaps within the documents on the Table, there are a number of questions about that.

There is no question, however, with respect to that bill, and perhaps with respect to my Liberal friend's bill, that there will be either a complete reordering of finances within a given department in order to take care of the requirements of being able to enact a piece of legislation that again is not specifically covered by the documents with which we govern ourselves.

Mr. Speaker, I know that you are a very knowledgeable traditionalist, in terms of taking a look at what has gone before and what the rules of the House are. I invite you to take a look at the additional aspect with respect to a royal recommendation where, for example, if I may use the example of Bill C-300, we received testimony just this morning from the Department of Foreign Affairs and International Trade, that in order for that bill to be enacted, it would require many millions of dollars of expenditure by the department.

In other words, Mr. Speaker, that is not covered by the specific rules that you have on the Table in front of you, and perhaps the advice that you would normally receive by the Table.

However, the fact of the matter, nonetheless, is that there will be a further expenditure, either that or a starving of current programs that are run by DFAIT or run by my minister, the Minister of International Cooperation.

So, Mr. Speaker, when you are looking at this intervention by my Liberal friend, I do invite you to take a look at it in the broader picture. Because there are other private members' bills that are going to be coming back to this chamber, which may or may not be successful. However, in the event that they are successful, you are going to be challenged with the fact that, in spite of the specific wording within the given bill that comes back, nonetheless, the government's hands will be tied and the President of the Treasury Board and the government will have to make other financial considerations other than what is currently contained on the Table.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 11:40 a.m.


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Liberal

Paul Szabo Liberal Mississauga South, ON

Madam Speaker, I have to accept the representations of the members of the House of Representatives at face value. In their letter to us they also said they consider approval of these agreements to be a step in the right direction to help us face the challenges that we face. They said that was to help us. They understand that this is an opportunity.

As well they go on to say that these instruments are entirely suitable to successfully face the ever-changing future. All countries face an ever-changing future, but the health and well-being of a nation cannot be legislated simply by not doing anything. We have to take steps. We have to take a risk.

There is a risk that this agreement will not do anything substantive to alleviate human rights abuses. However, we will be there, and we will be models to the Colombian people to show that we can have sustainable, fair and safe trade, and economic commercial activity with Colombia if we pass bills such as Bill C-300.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

November 17th, 2009 / 11:30 a.m.


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Liberal

Paul Szabo Liberal Mississauga South, ON

Madam Speaker, I want to put on the record a couple of points.

First of all, it is pretty clear to all hon. members, I am sure, that if private member's Bill C-300 were adopted by this House, it would provide the framework to indicate that businesses doing business abroad would have to fall within international guidelines for the protection of human rights and ethical standards for doing business. I wish that bill were in place right now because it would make this debate a lot easier for many people.

We are discussing this bill on the assumption that free trade will lead to greater influence over the human rights situation in Colombia. It is a hope. It is an assumption. It is not guaranteed, but it is a possibility in the right direction.

However, other countries are aware of the facts and are revoking their support for the Colombian regime. Recently the U.K. ended military aid to Colombia because of systemic crimes committed against Colombian people, so Canada is not sitting out there all alone and wrestling with how to deal with this. Certainly in the absence of human rights issues, the trade deal would have bilateral benefits. It is useful and if Canada were a player, that certainly would be helpful.

I referred earlier to the Amnesty International report of 2009 on the Americas. I would like to read into the record the section entitled “Insecurity”. It says:

In Colombia, many of the human rights abuses committed in the internal armed conflict--including killings and enforced disappearances--are aimed at displacing civilian communities from areas of economic or strategic importance. Many indigenous communities live in regions rich in mineral and other resources on lands legally and collectively owned by them. Such communities are often attacked in an effort to force them to flee so that the area can be opened up for large-scale economic development.

It elaborates on the point, but it argues strenuously about the reason a bill such as Bill C-300 is necessary, because these displacements are also a form of human rights abuse. We need to deal with that.

Finally, I wanted to add to the debate some extracts from an open letter from members of the House of Representatives from Bogota, Colombia to Canadian members of Parliament. They wanted us to know their opinion as the legislators. They said:

First of all, we would like to inform you that...[we are] responsible for exerting political control on the Government and the administration. It is also our duty to approve or not to approve the agreements the Government wishes to subscribe to with other States, by issuing a law.

As members of the national legislative entity and the representatives of the people of Colombia, we consider that the Free Trade Agreement between Canada and Colombia is a major factor in the establishment of stable, transparent scenarios for commerce and investment, which generate employment, allow for the improvement of living conditions of our citizens and block...paths to drug trafficking.

I think that is very powerful of the members of the House of Representatives of Colombia to give us their view. There is no simple solution to a problem when there are human rights abuses around the world. We could look at a number of countries, which I would argue would probably include China and others with whom we trade, with which we do not stop trying to advance trade opportunities.

We are not just Boy Scouts. We are a model to the world in terms of who we are and our values. The Colombian House of Representatives is reaching out to say they need to be more like Canada. They understand that. There needs to be commercialization and freer trade between our countries in order to protect and ensure the rights from a cooperative perspective. That means coming together.

In this letter, they also refer to the fact that this trade agreement includes a chapter on strengthening commercial capacities and essential elements to ensure that the benefits and opportunities given by this instrument and two parallel agreements to the development and evolution of a free trade agreement have been contemplated.

There is also an environmental cooperation agreement, which includes a commitment by the parties to sustainable development and mutual support in environmental practices in the formation of trade policies. There is a labour cooperation agreement which sets forth an effective inclusion of the fundamental rights of workers and international legislation of the parties.

Looking at this, I personally have been very concerned about the human rights situation in Colombia and whether or not there was something that we could constructively and affirmatively do. Asking for a human rights assessment on Colombia is asking for something that is obvious on its face. There are problems there. However, we have the tools in Bill C-300 to demonstrate the need for ethical conduct of Canadian businesses abroad. We also have the commitment of the House of Representatives from Colombia, that it understands these problems and it is not ignoring them.

Yes, there are human rights abuses, but having assessed this on all bases and notwithstanding the fact that I continue to have a very strong concern about human rights abuses in Colombia and in other places around the world, I think the only affirmative action for Canada to take is to be there and to demonstrate how business can be conducted abroad on an ethical basis.

On that basis, I cannot have it both ways, but I believe we have to deal with this matter in a constructive and responsible fashion and be affirmative in what we believe we can bring to the table in terms of our relations with Colombia. Accordingly I have decided that I will be supporting the bill.

Foreign Affairs and International DevelopmentCommittees of the HouseRoutine Proceedings

October 21st, 2009 / 3:30 p.m.


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Carleton—Mississippi Mills Ontario

Conservative

Gordon O'Connor ConservativeMinister of State and Chief Government Whip

Mr. Speaker, I believe you will find agreement among all parties to adopt the following motion. I move:

That, notwithstanding any Standing Order or usual practices of the House, the motion to concur in the Seventh Report of the Standing Committee on Foreign Affairs and International Development (extension of time, pursuant to Standing Order 97.1, to consider Bill C-300, An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries) be deemed adopted.

Foreign Affairs and International DevelopmentCommittees of the HouseRoutine Proceedings

October 19th, 2009 / 3:15 p.m.


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Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, I have the honour to present, in both official languages, the seventh report of the Standing Committee on Foreign Affairs and International Development requesting an extension of 30 sitting days to consider Bill C-300.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 15th, 2009 / 11:05 a.m.


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Liberal

Larry Bagnell Liberal Yukon, YT

Madam Speaker, the member, in his speech, complained a lot about Bill C-300. Unfortunately, his government was basically the author of that bill by not reacting to the major exercise he talked about, which was corporate social responsibility.

The Government of Canada-sponsored round table with industry and NGOs came up with solutions and recommendations. This was quite a rare situation where everyone agreed to that extent and came up with some good solutions, yet the government did not react. It sat on it for months and months, even though everyone agreed. Even though the government was a sponsor in part, it did not react.

What the member was complaining about was unfortunately caused by his own government's inaction. Even after Bill C-300, it came up with an inadequate response. It was the government's inaction that inspired Bill C-300 and also the motion by the member for Pierrefonds—Dollard to take action on something that industry and NGOs had agreed upon.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 15th, 2009 / 10:55 a.m.


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Calgary East Alberta

Conservative

Deepak Obhrai ConservativeParliamentary Secretary to the Minister of Foreign Affairs

Madam Speaker, it is with great pleasure that I speak to the issue of corporate social responsibility today as it relates to the Canada-Colombia free trade agreement.

I agree completely with the Liberal foreign affairs critic when he says that there are those of us who support this agreement. I also agree with his statement that NDP members are talking nonsense when they say that by supporting this agreement we are condoning murder or human rights abuses or the violence that is taking place in Colombia. That is totally misleading and is fearmongering by the NDP, done by the NDP to support the position they always take, which is against this free trade agreement.

Why do they not just say they oppose it because of their ideology? To say that this is directly related to violence is absolutely nonsense. I want to make it very clear that is not the position here.

Today I am standing up to talk about the corporate social responsibility that Canadian companies undergo when they go overseas to do business. The free trade agreement with Colombia would allow a lot of Canadian companies to go there, so social corporate responsibility becomes a key element in the operation of Canadian companies and what Canadians have come to accept.

The Government of Canada undertook a very lengthy in-depth analysis of corporate social responsibility with stakeholders in Canada, with all those involved in corporate social responsibilities, including NGOs, government people, and industrial people. We came up with a voluntary code of conduct which the government has now provided to Parliament in response. This extensive corporate social responsibility analysis done by the Government of Canada and all Canadian stakeholders has laid the foundation for what is expected of Canadian companies when they are in other countries.

I was in Tanzania in April of this year as well as in Zambia where Canadian companies are working. I had the pleasure of talking to the companies to see what they were doing as part of their corporate social responsibility. I was very impressed at the amount of effort Canadian companies are putting toward corporate social responsibilities such as providing fresh water, schools, and little dispensaries which the local government cannot provide. These Canadian companies are providing these basic services on a voluntary basis and giving hope to many.

Canadians should be proud of many of these companies. The majority of companies that operate overseas do a fantastic job with respect to corporate social responsibility. That is why Canadian companies and Canadians in general have such a high reputation around the world.

This is something the NDP should go and see. Those members would never go to countries where progress has taken place. They will always choose countries that are mired in violence and come forward with their ideology to oppose the free trade agreement.

As a result of the in-depth consultation that took place, the Government of Canada will soon be creating a new consular office to help resolve any issue that could arise between Canadian companies and the communities in which they operate. An announcement will be made very shortly. This is one way of ensuring that everyone will voluntarily comply with what is expected, which has come out of the round table conference. The government has taken this strong, positive step to ensure that all stakeholders adhere to the recommendations regarding corporate social responsibility.

The Government of Canada is also going to support a new centre of excellence. This centre of excellence should be outside of the government to develop high quality tools for corporate social responsibility to see what our best practice is. This is a joint venture with the stakeholders. These are some of the positive steps that this government is taking arising out of the consultation process, which is the right way to do things when we talk about this.

This brings me to the question of looking at what the government's approach has been in talking to stakeholders. We have a Liberal member's private member's bill, Bill C-300, which is now before the committee and which has been hastily prepared without stakeholders' input into it. It was badly drafted and would penalize Canadian companies doing business overseas. The bill is one of those bills that has been emotionally created without input from company stakeholders. It just follows an emotional outburst.

This is not how a minority Parliament should work. I would be very much interested to hear the stance of the Liberal trade critic, whose speech I read, and the Liberal foreign affairs critic, who just spoke about how free trade agreements have a potential of helping in this country, on Bill C-300. This is contrary to what they have been talking about. I hope that common sense prevails on the other side and that when it comes before the committee they will kill this bill. This bill has the potential of damaging the great reputations of people doing business overseas.

The intention is good. We all want corporate social responsibility to take place, but the way it was brought forward, the way it was drafted and the way it has lacked consultations and been coached is just using the minority status to push through something that would have serious consequences for Canadian companies, NGOs and everybody else. There is a small minority of NGOs who are supporting this, but I think that overall, under this major exercise that the Government of Canada undertook last year on corporate social responsibility, that is the way the government should be working. That is how we should work on this thing.

I am very happy to state that the Government of Canada is taking corporate social responsibility very seriously. As I have just said, we will be making announcements about our new councillor as well as the centre for excellence. It must be recognized that the free trade agreement, with its side agreements on labour as well as the environment and other issues, will ensure that there is a rules-based system in our dealings with Colombia.

That is what every Canadian wants because that would ensure strong ties between Canada and Colombia. At the same time, we can engage with Colombia on issues of human rights and others.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 5:30 p.m.


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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Madam Speaker, the hon. member will know that there is a great concern among Canadians about corporate social responsibility. I am sure that he has been receiving lots of letters about the responsibility of Canadian corporations when operating in the extractive sector.

We have in this Colombia free trade agreement an opportunity to put Canadian companies to a world class standard of corporate social responsibility. This would ensure that when Canadian companies are operating in Colombia and elsewhere, they operate to the highest environmental standards, to the highest human rights standards, et cetera.

It seems to me that if Canada had a legislated corporate social responsibility standard for Canadian corporations operating abroad, a lot of legitimate concerns raised by folks would be somewhat alleviated. May I suggest Bill C-300? I would be interested in the hon. member's comments.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:10 p.m.


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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I would like to congratulate my colleague on his excellent speech. I am not surprised that the Conservatives plan to vote in favour of the agreement. After all, they have already signed it. It is in line with their right-wing ideology, as we have seen in other trade agreements.

However, I am surprised that the Liberals will be voting for the agreement. They tabled Bill C-300 in the House, a bill to ensure that Canadian mining companies behave responsibly in terms of workers' rights and the environment. They also moved Motion M-283, with which I am sure my colleague is familiar, to implement the recommendations of the National Roundtables on Corporate Social Responsibility and the Canadian Extractive Industry in Developing Countries advisory group.

I would like my colleague to comment on that. In his opinion, why did the Liberals vote in favour of those two measures if they are voting against—

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 11:45 a.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Madam Speaker, thank you for the opportunity to rise to speak to Bill C-24.

Many have spoken of the concerns they have around this trade agreement. I think Canadians are listening carefully to the difference between what some call free trade and what we call fair trade. There is actually a shift in the debate around trade agreements and around how trade is done globally. I think we are going to see a change in the use of the term “free trade” because of the collective experience of countries with these agreements.

When we look at the details and drill down into some of these trade agreements, the notion that there is anything free is a misnomer. When we look at the give and the take, and what we end up with at the end of these trade agreements, many people have, quite rightly, been critical. I think we are going to move toward something more in line with a sectoral approach, that we really should not be doing these massive pieces of architecture to say that we are going to be all in or all out and give certain powers to certain sectors of society over others.

When we look at the experience with NAFTA, for instance, and chapter 11, and when we look at what was given up by Canadians to allow private corporations to meddle in the affairs of our governance, it actually undermines the fundamental premise of democracy. This is not free. This is actually a change of power where we end up with less and certain entities end up with more.

It has to do with the notion of sovereignty, as well. I think that most people would agree that our Parliament should be able to pass laws that are unfettered, in terms of outside interference, and be vigilant with respect to our obligations internationally, but also provide good governance for our citizens.

That is not the case when we look at the experience of chapter 11. In fact, not just people in this corner of the House have stated that but people outside who have critiqued these agreements have said that. That is one of the problems with this trade agreement. It continues down the ill-fated path of the chapter 11 experience. If we look at it, it really puts investors' rights over the rights of citizens. The fact that private companies can sue governments, with these chapter 11 provisions over our public policy choices, is a clear indication that there is something more than a free trade or an exchange or an opening of trade. It means that we are actually laying hands on certain people and giving them rights over others; in this case, private corporations.

I want to take that observation and align it with where Canadians are at and look at what is happening right now with another bill that is before us, Bill C-300, the corporate social responsibility bill. It is interesting. When people have critiqued Bill C-300, and I have a private member's bill that is similar to it and motions have been passed on corporate social responsibility, they have been concerned that extraterritorial provisions would be given to the Government of Canada over investments abroad in the extractive industries. It is interesting because when we take a look at chapter 11, what we are actually doing is legislating the rights of extraterritorial private interests to have influence on governance here. We do not hear them talk about that.

So, on the one hand we are saying we do not want to have too many rules for corporations when we are doing business overseas because that might interfere with the conduct of the business of certain countries, and on the other hand there is this chapter 11 cheque written out and handed over to private corporations with which we do these trade deals .

I think that is an important issue. I think Canadians want to know why these facets within these trade deals are being set. Who is benefiting? Is this helping the citizens of the countries with whom we are entering into these trade deals? I suspect not. I know that it is not. I think it is important because when we look at this trade deal, it again is reinforcing that.

When we look at this trade deal and we look at the side provisions on environment and labour, they are just that. They are side agreements. The language is voluntary. We cannot have voluntary human rights. Either human rights are embedded and we have strength in terms of support to ensure that those human rights are being granted or we do not. Having voluntary human rights, we might as well not bother. It really does a disservice to the whole concept and notion of human rights.

I can only think what John Diefenbaker would say to that. We have side agreements on human rights. I suspect that he would not be in favour of that notion and I think that is important.

I suspect that because the government thought there would be a furor over the lack of environmental and human rights provisions, it would do a little political inoculation and put a side agreement in, put a ribbon on it and everyone will be happy.

We on this side of the House see through that. We either have it embedded and strengthened with legislation or we do not bother. To have it on the side, as was mentioned by my colleague from the Conservative Party earlier in his intervention, makes it voluntary. It is like the response by the government to corporate social responsibility where it has taken a very robust report from both business and civil society about how we can do corporate responsibility and turned it into a suggestion box, that if we have a concern we can put the concern in this box and perhaps the government will deal with it. That is not good enough. We need to take this issue seriously because it affects the lives of ordinary people.

The trade agreement, sadly, is putting on the altar environmental protection and human rights protection for what? For profit. For the bottom line. As I said, I think people will see through that and we certainly do.

I would also like to point out where Canadians are in their view of where Canada should be when it comes to trade agreements. I want to reference a document that recently came out called “Back on the Map”. It is a very comprehensive overview of a study that was done for a new vision for Canada in the world. It was done recently by a non-partisan group called Canada's World during a national citizen's dialogue. The director is Shauna Sylvester whom I met with recently. She was pointing out to me the research that was done on what Canadians want to see in their foreign policy and in their trade agreements. One of the things in the research report said that Canadians wanted to see good governance as it relates to promoting good governance in trade deals. The report is based on researchers talking to Canadians about what they want to see in our foreign policy and trade deals.

They want to see the Government of Canada take a leadership role in convening and facilitating the reform of international financial development agencies; promoting fair trade practices and corporate social responsibility, particularly among Canadian companies with overseas operations; supporting a stronger voice for developing countries within international institutions; investing in public diplomacy; shielding effective programs from partisan politics; and instituting a federal process to help with that

What they want to see is Canadian governance in trade deals promoting fair trade, promoting corporate social responsibility and promoting the values that are embedded in our Canadian fabric, not to hand over to certain companies and interests a blank cheque to decide what they want to do with it and undermine not only our democracy but the interests of those in the country of origin; in this case Peru.

For those reasons our party will not be supporting this trade deal. I wish that we would have the support of the Liberals to oppose this trade deal because it is not good enough.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 11:45 a.m.


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Bloc

Serge Cardin Bloc Sherbrooke, QC

Madam Speaker, the Bloc Québécois is, in principle, in favour of Motion M-293 on the accountability act and Bill C-300, which also deals with accountability.

We agree in principle. Canadian companies abroad should be made more responsible, so this is an important step. There may, however, still be a sizeable gap between the laws and regulations of the country with which we are negotiating a free trade agreement and our own laws and regulations.

Accountability should also impose severe regulations relating to protection of the environment of these foreign countries. I believe that these two aspects can, and must, complement each other.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 11:40 a.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Madam Speaker, I want to raise a question with my colleague from the Bloc that stems from a related bill in front of the House right now, Bill C-300, which addresses corporate social responsibility.

In light of my friend from the Conservative Party raising the issue, if we really want to deal with corporate social responsibility, I want to get his take on whether it would be better to have it embedded in a policy, not just for trade agreements and voluntary, which is the problem with this trade deal, but to have that kind of approach, that legislation, embedded in the Canadian governance model right across the board, for all companies.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 10:25 a.m.


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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Madam Speaker, it is an honour for me to speak to this bill. As I have already indicated, the Bloc Québécois does not support this free trade agreement, basically because it does not meet a number of criteria and objectives that are necessary when concluding trade agreements that will create fairer, more equitable trade, rather than trade that fosters inequalities.

We believe that all new free trade agreements must contain clauses requiring that minimum standards concerning human rights, labour rights and respect for the environment be met. The free trade agreement with Peru, for example, would open many doors to Canadian investments in mining in Peru, but it does not include adequate provisions to protect workers and the environment.

There is no doubt that Canada is a leader in the mining sector. The federal government uses tax credits and financial and logistical aid to support companies operating abroad. The current federal government promotes Canadian companies' activities, but does not seem too concerned about whether any particular company complies with minimum human rights and environmental standards. The federal government, with support from the Liberals, of course, refused to adopt mandatory social responsibility standards for Canadian mining companies operating abroad.

It is ironic, if not downright pathetic, to see the Liberals oppose the adoption of mandatory standards even though they are in opposition. People say that when the Liberals are in opposition, they have a New Democratic agenda, but when they are in power, they have a Conservative agenda.

On the one hand, they support this agreement, but on the other, they introduced two legislative measures this session: Bill C-300, An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries, by the member for Scarborough—Guildwood; and Motion M-283 on the social responsibility of the Canadian extractive industry in developing countries, by the member for Pierrefonds—Dollard. Despite supporting the agreements with Colombia and Peru, they have introduced motions to support and, as they put it, encourage companies to respect the environment and labour rights abroad. They introduce bills like that, then they turn around and vote in favour of agreements between Canada and Colombia or Canada and Peru. That is a major contradiction. I would like to expand on that.

Take Bill C-300, which the Liberals introduced in the House. The purpose of the bill was to ensure that Canadian mining companies behaved responsibly and complied with international human rights and environmental standards. The Liberals introduced that bill, but now they are voting for the Canada-Peru agreement and the Canada-Colombia agreement. Unbelievable. That is a basic contradiction. That is what I call political hypocrisy. It is unthinkable that a party could take such positions.

For some years now, a number of Canadian mining companies have been directly or indirectly associated with forced population displacements—it happened in Colombia—significant environmental damage, support to repressive regimes, serious human rights violations and sometimes even assassinations, as has occurred with many union members working in Colombia, for example. That is why Bill C-300 was introduced and that is why the Bloc will support the Liberals' bill.

That is why the Bloc Québécois has always defended the need to impose standards of social responsibility on companies operating abroad. But the federal government has always defended the principle of laissez-faire, preferring a voluntary approach.

I would like to point out that the Liberals have not taken a consistent position in this House. It is disgraceful for the Liberals to be voting in favour of this agreement. I would like the Liberal members to explain their logic because I have a great deal of difficulty understanding it.

They support the Conservatives and refuse to include mandatory standards in the agreement with Peru when there is clearly a need to adopt mandatory standards for the social responsibilities of Canadian mining companies. Now they are presenting these two legislative measures. It is a contradiction.

What can we say about the Liberals in this debate? I hope they will go and hide. Fortunately, stupidity and ridicule are not deadly; otherwise there would not be many Liberals left in this House. I would say they are being devious in this matter. I have been listening to them since yesterday and I am amazed.

As I was saying, rather than imposing mandatory standards, the government continues, on the contrary, to believe in the myth that Canadian companies act responsibly. It naively continues to defend the idea that a voluntary commitment is enough to guarantee that the activities of Canadian companies abroad will be conducted in a responsible manner.

It is important to remind the Conservative and Liberal members that the radical reforms imposed by the government of Alberto Fujimori between 1990 and 2000 reduced the size of the state and undermined its capacity to intervene effectively and to impose standards over its entire territory. We must not forget that.

Since then, yes there have been reinvestments, and Peru is currently in a phase of good economic growth. We must, however, consider Peru a developing country.

The Canadian government is responsible for ensuring that its legislation does not run counter to the needs of the populations concerned. Development must be sustainable, fair and equitable. It must be harmonious and respect local populations.

It is not enough just to say that our legislation creates jobs or stimulates local economies. This is why the Bloc Québécois has always favoured the adoption of mandatory standards and accountability measures with respect to the activities of mining companies in other countries.

This bill does not even reflect the recommendations by committees whose representatives had been to the field. The industry has studied the matter. By turning its back on the numerous recommendations by industry and civil society contained in the report by the advisory group to the National Roundtables on Corporate Social Responsibility, in which all parliamentarians took part and which dealt with the Canadian extractive industry in developing countries, the Canadian government has made itself complicit in the human rights abuses and environmental damages caused by the actions of certain offending companies. I cannot accept that.

This is why the Bloc Québécois is voting against these agreements. A trade system that results in the exploitation of developing countries is not viable.

Contrary to what the government may say, increasing exports through a free trade agreement between Canada and Peru will not automatically resolve the economic inequalities, social problems and poverty related to that country's development.

Including in the agreement a clause protecting investments, patterned on NAFTA's chapter 11, will allow businesses to sue the government. This clause will, I am sure, limit the Peruvian state's capacity to ensure equitable social and economic development for its population.

In this context, the free trade agreement with Peru contains some basic elements that prevent us from supporting this bill.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 6 p.m.


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Kootenay—Columbia B.C.

Conservative

Jim Abbott ConservativeParliamentary Secretary to the Minister of International Cooperation

Mr. Speaker, as the member well knows, he and I have managed to find ourselves on different sides of many issues, but I respect the fact that he and I have also had occasion to work together for the kind of common good to which he has spoken. He would also know there is currently a private member's bill before the committee, which was passed by the House, Bill C-300 on the issue of corporate social responsibility.

We have been studying it as recently as this afternoon and the thing that has been most interesting is the aggressive action that the Government of Canada is currently undertaking with respect to corporate social responsibility.

I put to the committee today the concept that there was not one person in the House, and probably not one person in Canada, who was not serious about wanting all of our corporations to be involved in the world with the concept of corporate social responsibility.

The only thing I would suggest for my friend is this. An awful lot of the time I have been in the House and have taken occasion to listen to the speeches of the NDP, it always seems so dower, so down and so negative. we cannot do this and we cannot do that and those great big greedy corporations. There is all this negativism.

What the Government of Canada wants to do with this Peru free trade agreement, as with other free trade agreements, is to open up the possibility for Canada and Canadian workers to have more opportunity in the world because Canada is such a free trading nation.

Would my friend not want to put on a more positive face, a bit more of a smile, rather than always being concerned about being dragged down? Canadians are the most productive creative people in the world. We are a nation that can carry our own and we can carry these things to Peru and to other countries to help them bring themselves up to a higher level.