Any individual, organization, or community (“stakeholder”) that believes that a multinational enterprise’s (“MNE”) actions or activities have breached the OECDGuidelines for Multinational Enterprises (“Guidelines”) may lodge a formal request for review regarding a “specific instance” with the National Contact Point (“NCP”) of the country in which the specific instance occurred or is occurring. Should the country not adhere to the Guidelines, then the specific instance may be submitted to the NCP in the MNE’s home country.
Stakeholders who wish to lodge a formal request for review of a specific instance with Canada’s NCP should provide the following information in either English or French with their request:
The NCP is expected to carry out its role in a transparent manner. However, in order to facilitate resolution of the issues raised, the NCP will take appropriate steps to protect sensitive business and other information. During a review process, the NCP will maintain confidentiality of the proceedings. After consulting with the parties involved, Canada’s NCP will make publically available the results of the procedures unless preserving confidentiality is in the best interests of the effective implementation of the Guidelines (e.g. to protect sensitive business information or the identity of individuals with a view to ensuring continued cooperation, etc.). At the conclusion of the procedures, if the parties involved have not agreed on a resolution of the issues raised, they are free to communicate about and discuss these issues. However, information and views provided during the proceedings by another party involved will remain confidential, unless that other party agrees to their disclosure. The NCP’s handling of confidentiality and transparency will be in accordance with Canada’s Access to Information Act.
The text titled The Role of the National Contact Point in Helping to Resolve Issues outlines the procedure that Canada’s NCP will follow once it has received a request for review of a specific instance. The NCP will acknowledge receipt of a request for review of a specific instance within five (5) working days. The NCP will then review the documentation and supporting evidence received and make an initial assessment of whether the issues raised merit further examination and will respond to the party or parties raising them. Where the issues raised merit further examination, the NCP will offer good offices to help the parties involved to resolve the issues. In doing so, it may seek advice from relevant authorities, consult the NCP in the other country or countries concerned, seek guidance on the interpretation of the Guidelines, and offer to facilitate access to conciliation or mediation to assist in dealing with the issue(s). If the parties involved do not reach an agreement on the issues raised, the NCP may issue a statement and make recommendations as appropriate, on the implementation of the Guidelines.
Specific instances may be forwarded by mail or email to the following addresses:
Canada’s National Contact Point (BTS)
Foreign Affairs and International Trade Canada
125 Sussex Drive
Telephone: (613) 996-0245
Facsimile: (613) 944-7153