NCP Canada
This page provides information related to NCP Canada. Directly underneath, you find the scores of the NCP on the NCP Evaluation Project. The NCP is evaluated on the indicators with Yes, No or Partial/Not Applicable. The indicators are ordered per category. Only a few indicators per category are shown on this page. To see them all, click on “more…. indicators To see what indicator scores best among all NCPs go to the NCP Evaluation Overview. At the bottom, there is news related to the NCP.
Related complaints
In the OECD Watch Complaint Database you can find all the related complaints with NCP Canada
NCP considers only the six admissibility criteria set out in the Guidelines and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP considers only the six admissibility criteria set out in the Guidelines.
Source
Case-handling procedures, Glossary and paragraph 4.14:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP assesses the issues raised even if mediation is declined by a party and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP states that where one party does not agree to mediation or does not participate in good faith, it will prepare a final statement including recommendations as appropriate on the implementation of the Guidelines. This necessarily entails an assessment of issues raised. The NCP has done so in practice.
Source
Case-handling procedures, paragraphs 6.3, 6.4, 6.6, and 6.7:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP website shows case-handling procedures for complaint handling in national language(s) and English.
Evaluation
The Canadian NCP has published its case-handling procedures in English and French.
Source
Guidance (English):
https://www.international.gc.ca/trade-commerce/ncp-pcn/complaint-plainte.aspx?lang=eng#a3
Guidance (French): https://www.international.gc.ca/trade-commerce/ncp-pcn/complaint-plainte.aspx?lang=fra
NCP does not allow companies to remain anonymous when a complaint is filed and/or has a commitment not to do so in its case-handling procedures.
Evaluation
The Canadian NCP does not explicitly commit to not allowing companies to remain anonymous when a complaint is filed, but in practice the NCP publishes the name of the company at the initial assessment stage.
Source
Case-handling procedures, paragraphs 8.1 and 8.2:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP allows complainants to withhold their identity from the company for security reasons, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP states that it allows complainants to withhold their identity from the company in certain circumstances, including where there are risks to personal safety or the threat or risk of reprisals.
Source
Complaints database:
https://www.international.gc.ca/trade-commerce/ncp-pcn/case-tracker-suivi-cas.aspx?lang=eng
NCP offers guidance in both national language(s) and English on how to file complaints.
Evaluation
The Canadian NCP provides guidance on what to include in a complaint in both in English and French.
Source
Case-handling procedures, paragraph 2.2: https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP follows the expected timeline for each stage of the complaint-handling procedure and communicates punctually with all complaint parties over the status of the complaint, including any reasonable delays, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP states that it follows the expected timeline and communicates with the parties where delays are expected or ongoing.
Source
Link to the Canadian NCP case tracker:
https://www.international.gc.ca/trade-commerce/ncp-pcn/case-tracker-suivi-cas.aspx?lang=eng
NCP website contains a permanent record of every complaint received by the NCP, including parties to the complaint, the issue(s) addressed, and the status of the complaint.
Evaluation
The Canadian NCP's website contains two permanent records of active (ongoing) and closed complaints. The NCP's active complaint record includes all of the items listed. The closed complaint record includes the complaint parties and links to the NCP's initial assessments, final statements and/or follow-up statements that include the issues addressed and status of the complaint.
Source
Case-handling procedures, paragraphs 2.3 and 3.5:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP prevents or addresses potential or perceived conflicts of interest of any person playing a role for the NCP in the complaint and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP follows the codes and directions of its government on managing and preventing potential conflicts of interest in their work, meaning that in practice it does address the issue. However, the NCP does not explicitly state in its case-handling procedures how the NCP will handle potential conflicts of interest.
Source
Case-handling procedures in French:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=fra
Case-handling procedures in English:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP recommends consequences from its government for companies that engage in bad faith in the proceedings or fail to implement agreements reached, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP states that it can recommend consequences if Canadian companies do not participate in the NCP process, or if the NCP determines that they do not engage in good faith or constructively during the complaint process (including the follow-up stage). The NCP can recommend the withdrawal of Trade Commissioner Service support and that Export Development Canada and the Canadian Commercial Corporation withdraw future support. The NCP recommended consequences in one case concluded in 2015.
Source
Case-handling procedures, section 7:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
Complaints database: https://www.international.gc.ca/trade-commerce/ncp-pcn/information.aspx?lang=eng
NCP clarifies how it will engage with other NCPs in relation to the handling of complaints, including explaining when complaints may be jointly handled or transferred to other NCPs.
Evaluation
The Canadian NCP does not state how it engages with other NCPs in relation to the handling of complaints. It states that cases involving NCPs will be dealt with on a case-by-case basis in which one NCP will usually lead and the other(s) will support.
Source
Case-handling procedures, paragraph 4.13:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP makes determinations in its final statements when no agreement is reached explaining how the company has (not) observed specific provisions of the Guidelines, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP does not make determinations in its final statements.
Source
Case-handling procedures, paragraph 9.5:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
Canada Tibet Committee vs. China Gold Int. Resources: https://www.oecdwatch.org/complaint/canada-tibet-committee-vs-china-gold-int-resources/
NCP ensures a low threshold to assess whether the issue is material and substantiated and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP states that 'material' means that the issue is related to the Guidelines and there is a plausible link between the issue, the context in which the allegations took palce, and the company's activities. 'Substantiated' means having reasonable evidence to substantiate the allegations. It requires the complainant to provide supporting documents related to the allegations, for the allegations to be clearly described, and to explain the actions that are allegedly in breach of the Guidelines.
Source
Case-handling procedures, paragraph 4.3 and 4.4:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP ensures it has access to and, where relevant, uses investigative resources and broad external subject-matter expertise to support its complaint handling functions, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP states that it may in its initial assessment review open source information and consult relevant government departments and other NCPs who have knowledge or an interest in the issues.
Source
Case-handling procedures, paragraph 6.4:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
Community members in Bandayi and Mege, DRC vs. Barrick Gold: https://www.oecdwatch.org/complaint/community-members-in-bandayi-and-mege-drc-vs-barrick-gold/
NCP always engages in follow-up and publishes follow-up statements where relevant, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP states that it may engage in follow-up on agreements reached or recommendations given, and will publish a follow-up statement. The NCP has done so in practice.
Source
Annual report 2023; questions 51 – 59
NCP plays a guiding role in mediation, ensuring agreements reached further the implementation of the Guidelines and address past harms.
Evaluation
The Canadian NCP does not state that it will play a guiding role in mediation.
Source
Case-handling procedures, paragraph 4.12:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP accepts complaints in national language(s) and English and covers the cost of translation of key filings and statements and interpretation during mediation, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP accepts complaints in both English and French. It states that translation of materials may cause delays in the procedure. The NCP does not explicitly mention whether it covers the cost of interpretation during mediation, but does state that it "aims to support the participation of disadvantaged or vulnerable groups in NCP processes and will make best endeavours to sensitively manage barriers including those related to: language and literacy..."
Source
Case-handling procedures, paragraphs 3.9:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP holds mediation in the most accessible manner for complainants and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP does not state that it holds mediation in the most accessible manner for complainants. In practice, the NCP offers online mediation or more accessible locations for mediation based on the needs of the complainant.
Source
Correspondence with NCP
NCP works to accept complaints despite parallel proceedings and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP accepts complaints despite parallel proceedings. The NCP does not state how it will assess such complaints or how it will work to accept complaints despite parallel proceedings. NB: Canada has two mechanisms able to handle complaints against companies: the Canadian NCP and the Canadian Ombudsperson for Responsible Enterprise (CORE). CORE is mandated to review allegations of human rights abuses by Canadian companies operating outside Canada in the oil and gas, mining, and garment sectors. The Canadian NCP states that complainants may submit cases to either the NCP or the CORE, but not to both mechanisms at the same time; they may only submit their complaint to the other mechanism once the review has been completed.
Source
Case-handling procedures, paragraph 4.16:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
Link to the ‘active’ case tracker:
https://www.international.gc.ca/trade-commerce/ncp-pcn/case-tracker-suivi-cas.aspx?lang=eng
Link to the ‘closed’ case tracker: https://www.international.gc.ca/trade-commerce/ncp-pcn/information.aspx?lang=eng
NCP provides an external review process for parties to pursue if they believe the NCP has not followed its internal procedures.
Evaluation
The Canadian NCP does not provide an external review process.
Source
Terms of reference of the Canadian NCP, section 9:
https://www.international.gc.ca/trade-agreements-accords-commerciaux/ncp-pcn/terms_of_ref-mandat.aspx?lang=eng
Annual report 2023, question 1
NCP consults parties on and publishes a final statement that includes the basic information required after the case reaches that stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP consults parties on and publishes final statements that include the basic information required.
Source
Case-handling procedures, paragraphs 5.2(b), 5.2(c), and 6.4:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
Community members in Bandayi and Mege, DRC vs. Barrick Gold: https://www.oecdwatch.org/complaint/community-members-in-bandayi-and-mege-drc-vs-barrick-gold/
NCP website shows the initial assessment for every complaint received which is published after the initial assessment stage is concluded, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP publishes all initial assessments on its website from September 2022 (when its operating procedures where updated) onwards, but has not published initial assessments for complaints before this date.
Source
Correspondence with NCP
NCP makes recommendations in its final statements on specific company action needed to support remediation of past harm and/or observe the Guidelines in future, and/or the NCP has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP states that it can make recommendations on the implementation of the Guidelines when the parties do not reach an agreement. The NCP has also made recommendations in practice.
Source
Case-handling procedures, paragraphs 5.2(b), 5.2(c), and 6.4:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
Community members in Bandayi and Mege, DRC vs. Barrick Gold: https://www.oecdwatch.org/complaint/community-members-in-bandayi-and-mege-drc-vs-barrick-gold/
NCP proclaims zero tolerance for reprisals against the NCP and implements measures to respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP does not proclaim zero tolerance for reprisals against the NCP. The NCP states that all parties are expected to participate in good faith in the process, which includes not threatening or taking reprisals against parties involved in the process.
NCP proclaims zero tolerance for reprisals against complainants and assesses and implements measures to prevent and respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP does not proclaim zero tolerance for reprisals. It states that it will address, when possible, potential safety risks for complainants and related parties, including by enabling anonymous filing of complaints. In addition, it states that all parties are expected to participate in good faith in the process, which includes not threatening or taking reprisals against parties involved in the process.
Source
Case-handling procedures, paragraphs 2.3 and 3.5:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP supports transparency between the parties in the complaint process generally, including by the sharing of all relevant facts and arguments brought forward by each party during the proceedings with other parties, requiring confidentiality only over the personal identities of parties for security/privacy reasons or legitimately sensitive business information, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP states that it shares all relevant information it receives from one party with the other party, allowing for confidentiality over personal or sensitive information where reasonable. It further states that it will work to redact sensitive information or provide a summary, stating the reasons that prevent full disclosure, and that information that is not shared will not form part of the NCP's consideration of the complaint.
Source
Case-handling procedures, para 10.4, 10.5 and 10.11:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP supports transparency during the complaint process by allowing complainants to publish their own complaint and communicate about the stages of the process. The NCP requires confidentiality only over the personal identities of parties for security/privacy reasons, legitimately sensitive business information, and documents shared and discussions had during the mediation stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Canadian NCP does not state whether it allows complainants to publish their own complaint and communicate about the stages of the process, however in practice it does allow this. The NCP does clarify that confidentiality is allowed only for the items listed.
Source
Case-handling procedures, paragraph 3.5:
https://www.international.gc.ca/transparency-transparence/national-contact-point-contact-national/procedures.aspx?lang=eng
NCP has a dedicated detailed budget that is published on its website.
Evaluation
The Canadian NCP has no dedicated budget.
Source
Annual Report 2023, question 8 – 9
NCP has an independent expert structure whereby complaints are handled strictly by non-governmental independent experts.
Evaluation
The Canadian NCP does not have an independent expert structure; it has an inter agency structure composed of several government departments.
Source
Terms of reference of the Canadian NCP, section 9:
https://www.international.gc.ca/trade-agreements-accords-commerciaux/ncp-pcn/terms_of_ref-mandat.aspx?lang=eng
NCP Website: https://www.international.gc.ca/trade-commerce/ncp-pcn/about-a-propos.aspx?lang=eng
Annual report 2023, questions 1-3
NCP is not housed within a ministry focused on economics, trade, or investment to limit risk of real or perceived conflict of interest.
Evaluation
The Canadian NCP is housed in Global Affairs Canada, which deals with international trade issues, and also has representatives from eight different government departments including Natural Resources; Crown-Indigenous Relations and Northern Affairs; Environment and Climate Change; Innovation, Science and Economic Development; and Public Services and Procurement.
Source
Annual Report 2023, question 2
NCP Website: https://www.international.gc.ca/trade-commerce/ncp-pcn/about-a-propos.aspx?lang=eng
NCP is led or overseen by senior officials that are actively engaged with the NCP’s work.
Evaluation
The Canadian NCP is chaired by a Director General-level representative of Global Affairs Canada who is regularly updated and engaged on NCP work.
Source
Annual Report 2023, question 12
NCP employs two or more full-time staff that hold permanent (non-rotating and not short-term) positions.
Evaluation
The Canadian NCP employs two full time staff and one-part time staff member that spends 33% of their time on NCP work. They all hold permanent positions.
Source
NCP Website: https://www.international.gc.ca/trade-commerce/ncp-pcn/index.aspx?lang=eng
NCP has a multi-stakeholder advisory body involving all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses). The advisory body is meaningfully consulted by the NCP on its promotional and complaint-handling activities at least 2 times a year.
Evaluation
The Canadian NCP has an advisory body with representatives from business and trade unions, but not NGOs.
Source
Governance information: https://www.international.gc.ca/trade-commerce/ncp-pcn/about-a-propos.aspx?lang=eng
Global Affairs Canada:
https://www.international.gc.ca/global-affairs-affaires-mondiales/home-accueil.aspx?lang=eng
NCP structure ensures all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses) at minimum advise on individual complaints.
Evaluation
The Canadian NCP is an interdepartmental committee composed of several government departments with no stakeholder representation in the handling of complaints.
Source
Annual Report 2023, question 6
NCP has a website that shows:
- Contact information for the NCP;
- Links to the Guidelines and translations of the Guidelines in national language(s) and English;
- Links to the OECD Due Diligence Guidance documents;
- A comprehensive description of the Guidelines, due diligence, and the dual mandate of the NCP in national language(s) and English; and
- The NCP’s most recent annual report to the OECD.
Evaluation
The Canadian NCP has a website that contains: contact information, a link to the Guidelines and OECD Due Diligence Guidance documents with an explanation in both English and French, information about the NCP, and a link to the latest annual report.
Source
Annual report 2023, question 26 & Annex, Table 1 & 2
NCP annually promotes the Guidelines and due diligence guidance to civil society.
Evaluation
The Canadian NCP promotes the Guidelines and due diligence guidance to core stakeholder groups, but not to civil society specifically.
Source
Annual Report 2023, question 49 – 50 & Annex, Table 1 & 2
NCPs annually promotes the Guidelines and due diligence guidance to its government.
Evaluation
The Canadian NCP promotes the Guidelines and due diligence guidance among embassies abroad, trade and investment promotion agencies and other government agencies.
Source
Annual report 2023; questions 51 – 59
NCP supports its government in developing, implementing, and fostering policies, programmes, and/or laws on responsible business conduct that are coherent with the Guidelines.
Evaluation
The Canadian NCP has been consulted on government policies, initiatives and proposals related to responsible business conduct, but it has not reported specific activities related to this. In addition, the inter-departmental NCP provides a forum for sharing information and supporting policy development on responsible business conduct initiatives across its government.
Source
Annual report 2023; questions 51 – 59