Corporate Responsibility to Protect Human Rights Act

An Act respecting the corporate responsibility to prevent, address and remedy adverse impacts on human rights occurring in relation to business activities conducted abroad

Sponsor

Peter Julian  NDP

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

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of March 29, 2022

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-262.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment, among other things, requires businesses to establish processes to prevent, address and remedy adverse impacts on human rights that occur in relation to their business activities conducted abroad.

Elsewhere

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

Corporate Social ResponsibilityPetitionsRoutine Proceedings

June 15th, 2022 / 5:35 p.m.
See context

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I have an important petition that I am presenting today on behalf of over 100 Canadians from coast to coast to coast. They are concerned about companies based in Canada that are contributing to human rights abuses and environmental damage around the world.

We often see situations where human rights activists and environmental activists are being tortured, killed and intimidated. We have seen widespread examples of sexual violence, even slavery, on the sites of Canadian-owned corporations. The undersigned are asking the Canadian government to put in place due diligence legislation that would require companies to prevent adverse human rights impacts and environmental damage, require companies to do their due diligence and ensure a legal right for people who have been harmed to be able to seek justice in Canadian courts.

I would add that my Bill C-262 does exactly that. The petitioners are asking the Canadian government to push forward legislation such as that.

Fighting Against Forced Labour and Child Labour in Supply Chains ActPrivate Members' Business

May 18th, 2022 / 6:45 p.m.
See context

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, again, I would like to thank the member for bringing this important legislation forward. I have listened to my colleagues in the House today, and I am struck by the fact that so many of us are working so hard on human rights legislation and trying to move further, trying to do more and trying to make things happen faster for people around the world who are suffering injustice; particularly injustice that is happening at the hands of Canadian companies.

I feel hope when I see that there are members from all parties who are working on this. I feel encouraged by the words I have heard from my colleagues. However, I do want to say that as a member of the opposition, my role is to continue to push and to continue to ask the government to do more. While I will be supporting this legislation, when it goes to the foreign affairs committee I will be proposing many recommendations and amendments, because while I am happy that this legislation is coming forward and it is timely and necessary, in typical NDP fashion, I do not think that this legislation goes far enough.

Around 11% of the world's child population, 168 million children between the ages of five and 17, are forced to work or denied the opportunity to go to school. According to Article 32 of the UN Convention on the Rights of the Child, child labour should be protected from economic exploitation and any harmful work. Furthermore, the article declares that “state parties shall take legislative, administrative, social and educational measures to ensure the implementation” of restrictions.

We know, for example, that research conducted in 2016 found that over 1,200 companies operating in Canada at the time were importing goods that were at high risk of being produced by a child or through forced labour. The majority of these companies disclosed very little, if any, information on the policies, practices and processes they had in place to address these rules.

As parliamentarians, we need to think about what we would do to make sure that these people are protected, and we have an obligation to ensure that Canadian companies are held to account. We know that Canadians treasure our reputation as human rights defenders. We treasure our reputation as playing a role in the world where we recognize human rights: we call them out and we stand for them. Unfortunately, that has not been the reality in many parts of the world for some time. I am, as I said, encouraged that we are coming back to a place where we are looking at some of these issues.

Bill S-211 is a starting point. I think that has been said in the House already, and I will repeat that. It is a starting point. It means that the federal government can lead companies to improve and expand capacity to address supply chain risks as corporate governance standards are increased over time. However, an effective bill to address forced labour and other human rights abuses would require companies to prevent harm from happening, and not just file an annual report. It would require companies to change their behaviour and do due diligence, and not just report it. It would give victims of abuse access to remedy, and not just let the companies continue business as usual.

As it stands now, Bill S-211 needs to be revised so that it actually can help prevent forced and child labour rather than simply act as a diversion. Members may think that I am speaking cynically. I have to say that I feel that my cynicism is somewhat justified. Prior to being elected in the House, I worked in civil society. I worked very hard on human rights for people around the world who suffered at the hands of Canadian mining companies.

I have watched the Conservative government, and I have watched the Liberal government put in place legislation to supposedly help protect indigenous groups, women and those who are marginalized from the impacts of bad corporate actors that are predominantly, as I said, in mining and textiles.

Neither the Conservatives nor the Liberals did a good job of that. Neither of those governments put in place an ombudsperson who could do the job. The talk was there and the words were there, particularly from our current government, but none of the action was there.

I brought forward a piece of private member's legislation that I certainly hope people in this House would support. It would ask that the CORE ombudsperson have the ability to compel testimony.

This legislation, and I know it is a beginning step, is weaker than the NPD's proposed legislation on human rights and corporate responsibility. My colleague, the member for New Westminster—Burnaby, brought forward Bill C-262. My bill is Bill C-263. These bills are what is truly required if Canada is going to walk the talk on human rights. Mandatory human rights due diligence legislation, as proposed in Bill C-262, is the global best practice. It takes what we have learned from France, Germany and Norway, what is now being proposed in the European Union and what ought to be Canada's stated end goal.

As I said, I am going to bring forward amendments, but I have some concerns about the implementation. The member from the government mentioned earlier that there is work being done because there are things in ministers' mandate letters. Unfortunately, none of that work has happened.

Every day, there is genocide happening against the Uighur people. We have not acted on that in this place. Those mandate letter commitments have not been followed through on. Every day, we talk about it in the House, express outrage and send thoughts and prayers, but when it actually comes down to doing the work to stop the products made with slave labour, we have not done that at the government level yet. The mandate letters have not been fulfilled.

As I said, Canadians so strongly believe in the need for human rights legislation. They so strongly believe in the importance of protecting human rights. Of course we are happy to see this first step. Of course this is an important piece for us. New Democrats have always called for the end of child labour and forced labour. Of course we want to ensure that products imported into Canada are not produced with forced or child labour. Of course we want to make sure that companies are reporting on the measures they are taking to prevent and reduce risk.

We have worked long on that file, as New Democrats. As I said earlier, we proposed strong legislation. Members from the New Democratic Party have stood in this place and brought forward ideas and legislation. They have pushed to have the CORE ombudsperson. They have pushed to have some of these things done in a more sustainable and more effective way.

I will be working with CNCA, the Canadian Network on Corporate Accountability. I will be working with civil society. I will be working with a number of different groups that focus on corporate accountability, and I will be bringing forward the amendments they are proposing to strengthen this legislation and to make sure that what we actually pass, what we actually bring forward, will do the job that needs to be done.

If we are given the tools in this place to hold the government to account, if we are given the tools to hold business and Canadian companies to account, we can actually make a difference. We can actually protect people around the world. We have that obligation. We are running out of time.

While I thank the member for bringing this forward, this bill is not complete. I look forward to working with him and many others to make sure that this is a much more complete bill.

Corporate Responsibility to Protect Human Rights ActRoutine Proceedings

March 29th, 2022 / 10:10 a.m.
See context

NDP

Peter Julian NDP New Westminster—Burnaby, BC

moved for leave to introduce Bill C-262, An Act respecting the corporate responsibility to prevent, address and remedy adverse impacts on human rights occurring in relation to business activities conducted abroad.

Mr. Speaker, with slavery, torture, murder and systemic sexual violence, Canadian corporations overseas have sometimes been involved in the most egregious violations of human rights. Up until now, there has been utter and complete impunity for these appalling acts.

That is why today I am tabling the corporate responsibility to protect human rights act. I thank my seconder, the terrific member of Parliament for Edmonton Strathcona. This bill would oblige Canadian companies abroad to maintain due diligence on human rights at all times and would provide for the ability of victims to sue these companies for human rights violations abroad.

Corporate responsibility is everyone's responsibility. I hope all members of the House will support this important bill.

(Motions deemed adopted, bill read the first time and printed)