Final statement: EarthRights International & a Myanmar-based CSO and MTI Energy Inc.

1. On September 14, 2023, Canada’s NCP received a request for review from EarthRights International and a Myanmar-based civil society organization (the “Notifiers”) regarding observance of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct (the “Guidelines”) by MTI Energy Inc. (the “Respondent”), an enterprise based in Edmonton, Alberta.
2. The request for review raised questions about a reported agreement by the Respondent to acquire (via a subsidiary registered in Bermuda) Chevron Corporation’s interest in the Yadana natural gas project in Myanmar. The Notifiers claimed that the Respondent had “breached the OECD Guidelines” in several respects during this alleged pursuit, including by failing to conduct appropriate due diligence. The specific issues raised by the Notifiers are outlined in greater detail in the NCP’s initial assessment.
3. The NCP provided its draft initial assessment to the parties on January 2, 2024, accepting some of the issues raised and offering good offices. The NCP provided an opportunity for the parties to review and comment on the draft before returning a finalized version of the initial assessment to the parties on March 15, 2024. The NCP received a reply from the Respondent on April 15, 2024. This followed media reports that Chevron had exited the Yadana project without selling its interest to another party.
4. The NCP sent a revised initial assessment to the parties on October 16, 2024. The initial assessment maintained an offer of good offices in relation to some of the issues raised, while taking into account reported developments since the first initial assessment had been issued in March.
5. The NCP did not receive a response from the Respondent. On December 9, 2024, the NCP secretariat followed up with the Respondent to confirm the NCP’s understanding that the Respondent was declining the offer of good offices and had no comment or proposed factual corrections regarding the content of the initial assessment sent on October 16, 2024. On December 12, 2024, the NCP secretariat spoke with an employee at the Respondent’s Edmonton address, who confirmed that the initial assessment and communications from the NCP had been received and forwarded appropriately.
6. The NCP did not receive a response from the Respondent. On December 30, 2024, the NCP secretariat followed up by email and by post to the Respondent’s corporate addresses in Edmonton and Toronto. These communications reiterated the NCP’s understanding that the Respondent had declined the offer of good offices and had no comment or proposed factual corrections regarding the initial assessment. The communication also noted that the NCP intended to proceed with issuing a final statement.
7. As of June 15, 2025, the NCP had not received a response to its communications of December 2024. In light of the above, the NCP has issued this final statement. Both parties were given an opportunity to review and provide comments on this statement prior to its finalization and publication.

Recommendations

8. Based on the information available to the NCP during this specific instance, the NCP makes the following recommendations:
   1. The NCP recommends that the Respondent make a publicly available policy commitment to respect human rights, in line with the recommendation of paragraph 4 of Chapter IV (Human Rights). Commentary paragraph 49 of the Guidelines offers guidance in this regard.
   2. The NCP recommends that the Respondent look to communicate more about its human rights due diligence, as appropriate to the scope and nature of its operations. The NCP is of the view that greater public communication and disclosure of information about the Respondent’s due diligence and responsible business conduct activities has potential to reinforce the Respondent’s approach to recommendations in Chapter III (Disclosure) and Chapter IV, paragraph 5 (Human Rights) of the OECD Guidelines.
9. The NCP will follow up with the Respondent about these recommendations six months from the publication of this final statement and will publish a follow-up statement.
10. The NCP remains open to future engagement with the Respondent should it wish to learn more about the Guidelines, including as part of addressing the recommendations above.

Timeline

September 14, 2023 Notifiers’ request for review received.

October 4, 2023 Conference call between the NCP secretariat and the Notifier. Request for review shared with the Respondent. NCP secretariat offers to schedule a call with the Respondent to discuss.

October 13, 2023 Respondent acknowledges the request for review but does not schedule a follow-up call with the NCP secretariat.

January 2, 2023 Draft initial assessment shared with the parties.

March 15, 2024 Finalized initial assessment shared with the parties.

April 15, 2024 Respondent responds to NCP.

October 16, 2024 NCP issues a revised initial assessment to the parties.

December 12, 2024 NCP secretariat follows up with the Respondent; confirms receipt of the NCP’s October correspondence.

December 30, 2024 NCP secretariat follows up with the Respondent.

July 2025 Draft final statement shared with the parties.