MANAGEMENT

Canadian bills aim to prevent abuses abroad

One bill would create a commissioner who could investigate companies

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Two private-member bills were submitted to the Canadian parliament this week to prevent human rights abuses by Canadian companies.

Bill C-262, submitted by MP Peter Julian of New Westminster-Burnaby, would compel Canadian-headquartered companies operating abroad to ensure that human rights abuses are not being committed by their entity or by their affiliates.

Additionally, "every entity must develop and implement due diligence procedures in respect of its activities, its affiliates and its business relationships."

The bill calls on Canadian companies to identify and assess actual and potential adverse impacts on human rights resulting from their activities as well as their business relationships, and cease all activities that lead to adverse impacts. The bill also requires companies to take remedial action.

The second private members' bill submitted to the Canadian Parliament aims to establish the Office of the Commissioner for Responsible Business Abroad.

Bill C-263, submitted by MP Heather McPherson of Edmonton-Strathcona, would create a commissioner who would hold a five-year term. The commissioner would investigate business activities that operate abroad or import goods into Canada and report on these companies' compliance with international human rights law.

The commissioner would be able to make recommendations to businesses to issue a formal apology, provide financial compensation or other reparations, and make changes to the business' policies.

The commissioner would also be required to make an annual report to the House of Commons, which would include a summary of the complaints received, a summary of investigations undertaken by the commissioner, and any recommended changes to Canadian law and government policy.

In 2018, the government of Canadian Prime Minister Justin Trudeau said it would create a government body to oversee and investigate Canadian companies' abuses abroad. The Canadian Ombudsperson for Responsible Enterprise (CORE) was meant to be embodied with the power to pursue investigations, Global News reported.

The government later opted to provide CORE with a "non-judicial mechanism", which has been criticised by advocates pushing for more accountability.

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