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Canada's National Contact Point (NCP)
In Canada
Information Requirements for Raising a Specific Instance
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 stakeholder’s identity, including contact person, name of organization and contact details. Where a stakeholder is raising a matter on behalf of a number of organizations, they should list all the organizations.
- The stakeholder’s interest in the matter. For example, if a request for review of a specific instance is being lodged on behalf of others (e.g., a union or local community), the stakeholder lodging the request should outline their interest in this case and mandate or reason for lodging the request.
- The identity (name) and location of the MNE (e.g., location of the MNE’s headquarters) whose actions or activities are the subject of the request for review. If the MNE is a subsidiary of another company, the names of the corporate entities involved should be provided with a description of their affiliation.
- A description of the action or activity which the stakeholder lodging the request for review believes constitutes non-compliance with the Guidelines. The stakeholder should provide any supporting evidence they may have (e.g., documents, reports, studies, articles, witness statements, etc.). Please note that anecdotal statements or unsubstantiated allegations are not sufficient for the NCP to make an initial assessment.
- The location(s) of the action or activity to which the specific instance relates.
- The parts of the Guidelines (i.e., chapter(s) and paragraph(s)) which are considered to be most relevant.
- A list of any applicable or relevant law and whether there is an issue relating to compliance with this (these) law(s).
- Background on whether the action or activity has been discussed with the MNE and the results of such discussions.
- A list of other fora where the same matter has been raised (e.g., other government offices, agencies, NGOs, legal action in the court system, etc.) and the status of any corresponding action that such offices may be taking.
- A description of the action(s) the entity lodging the request for review considers the MNE should take to resolve the issue.
- Any additional details that the entity lodging the request for review wishes to bring to the attention of the NCP and/or the MNE.
- In addition to the above information, the submission should also clearly indicate that the entity submitting the request for review is aware that all information provided to the NCP may be shared with the MNE or other parties involved in the specific instance and review. Should the stakeholder submitting the request for review wish to seek an exception and keep certain information confidential, they should provide an explanation to justify this 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:
Mail:
Canada’s National Contact Point (BTS)
Foreign Affairs and International Trade Canada
125 Sussex Drive
Ottawa ON
Canada
K1A 0G2
Email: ncp.pcn@international.gc.ca
Telephone: (613) 996-0245
Facsimile: (613) 944-7153
