How to file a request for review with the Canada’s National Contact Point

Any individual, organization, or community (“stakeholder”) that believes that a multinational enterprise’s (“MNE”) actions or activities have breached the OECD Guidelines 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 company’s home country.

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The Canadian NCP’s languages of operation are English and French. Documents that are submitted in other languages will not be considered by the NCP. All communications from the NCP to the notifiers or to companies will be in either French or English, and all public information on the website will be in both languages.

Stakeholders who wish to lodge a request for review of a specific instance with Canada’s NCP should provide the information described below.

Information to include in the request for review

Background information

  • The notifier’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 notifier’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.

Information about the request for review

  • 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 documentation they may have (e.g., documents, reports, studies, articles, witness statements). Please note that unsubstantiated allegations are not sufficient for the NCP to make an initial assessment.
  • The location or locations 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.
  • Information on any relevant laws or procedures and description of any potential issue regarding compliance with these laws and procedures.
  • 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.

Objectives and expected outcomes

  • 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.

Declaration of Consent

  • 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 notifier 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 Canada’s National Contact Point - Specific Instance Procedures - 2022 outlines the process that the NCP has to follow when it receives a request for review of a specific instance under the OECD Guidelines.

The Complaint Handling Procedure flow chart gives an overview of the NCP process

The National Contact Point Secretariat can answer questions on how to file a request for review.

Requests for review may be forwarded by mail or e-mail to the following addresses:

Canada’s National Contact Point Secretariat (BPA), ¶¶ÒùÊÓƵ
125 Sussex Drive
Ottawa ON
Canada
K1A 0G2
Email: ncp.pcn@international.gc.ca
Telephone: 343-203-2341
Fax: 613-992-8935