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2015 National Contact Point (NCP) Annual Report

OECD Guidelines for Multinational Enterprises: Canada’s NCP Report to the OECD 2015

Under the OECD Guidelines on Multinational Enterprises, adherent countries are to provide an annual report to the OECD Investment Committee on the activities undertaken by their National Contact Points (NCP). This report covers Canada’s NCP during the reporting period from July 2014 to December 2015.The format of the report follows that established by the OECD Secretariat to ensure consistency of reporting across all NCPs.

A. NCP contact information

Canada’s NCP Secretariat
125 Sussex Drive
Ottawa, ON
Canada, K1A 0G2
Website:
Email: ncp.pcn@international.gc.ca
Telephone: +1-343-203-2341

B. Institutional arrangements

In which governmental agency (ministry) is the NCP located?

Canada’s NCP is a seven-department interagency committee as described below. The NCP Secretariat, NCP Chair and the Secretariat’s Executive Director are housed in ¶¶ÒùÊÓƵ (GAC), with the NCP’s Vice-Chair at Natural Resources Canada (NRCan).

In the case of independent NCPs: how has the NCPs been set up?

Not Applicable

Does the NCP include representatives from Government agencies?

The NCP is comprised of a Committee of seven departments. These departments are Employment and Social Development Canada (ESDC); Environment and Climate Change Canada (ECCC); Finance Canada; ¶¶ÒùÊÓƵ (GAC); Indigenous and Northern Affairs Canada (INAC); Innovation, Science and Economic Development Canada (ISEDC); and, Natural Resources Canada (NRCan). Canada's NCP also collaborates with the Canadian Office of the Corporate Social Responsibility Counsellor for the Extractive Sector to support the implementation of the OECD Guidelines by the Canadian extractive sector.

Does the NCP include representatives from Non-government bodies

No.

What are the main considerations that have determined the current structure of the NCP?

• Increase the relevance of the Guidelines to the ministries/government bodies involved
• Ensure accessibility of the NCP to stakeholders
• Involve relevant stakeholders in the NCP

Other (please specify):

Each of the member departments of the NCP Committee has specific expertise in their respective and mandated areas of responsibility, and thus are able to provide informed views and advice to the NCP Committee on the broad range of issues covered by the Guidelines. The Interagency model allows: 

• Access to resources needed if the NCP faces an unexpected increase in demands;
• Access to other departments outside its seven members if other expertise is required.
• Taking a whole-of-government position on issues raised and activities undertaken in the NCP context;
• A broader spectrum of stakeholders to be reached as each department has a different primary constituency base.
• The required level of accountability to Canada's domestic legal, regulatory, and administrative requirements.
• The Canadian NCP also has three official non-government “Social Partners” (The Canadian Chamber of Commerce, the Canadian Labour Congress, and la Confédération des syndicats nationaux), which allow the NCP to benefit from stakeholder views on key NCP issues and OECD Proactive Agenda projects, and enhanced outreach and promotion of the Guidelines.

Does the NCP have an advisory body?

No.

If yes, please indicate composition and functions:

N/A

Does the NCP have an oversight body?

No.

If yes, please indicate composition and functions:

N/A

Please provide any other information on how its structure enables the NCP to operate in accordance with the core criteria of visibility, accessibility, transparency and accountability.

The NCP’s interdepartmental model allows the Canadian NCP to inform a broader range of stakeholders about the Canadian NCP, its mandate and activities. Many of the Departments also have websites dedicated to Corporate Social Responsibility that reference and link to Canada’s NCP website, which is the key public location for information on the Canadian NCP’s mandate, activities, and information on how to submit or participate in a Request for Review. These functions help to increase the visibility of the NCP with a diverse stakeholder base, and allows for greater accessibility by providing a number of paths to reach the Canadian NCP.

The Interagency model ensures greater awareness and transparency throughout the Government, and in relation to Canada’s core legislation to ensure Access to Information for the Canadian public. This model also assists in making information transparent and accessible through the use of Government of Canada websites and translation services, which allow for publishing the NCP Procedures, Annual Reports, Final Statements, and other relevant information for stakeholders, in both French and English. The NCP’s approach to transparency is also central to ensuring the NCP’s accountability. Canada's NCP provides regular status reports, updates and briefings to the Office of the Minister of International Trade and other Cabinet Ministers, as required. Accessibility, transparency, accountability, and visibility are also enhanced through the NCP’s engagement with the Canadian NCP’s Social Partners, as they contribute on broad NCP issues and emerging trends at the OECD, and are able to communicate about the NCP, the OECD Guidelines, and OECD RBC initiatives to their constituencies.

How is the NCP funded?

Government budget

Does the NCP have dedicated staff?

Yes.

How many full time staff members?

2.

How many part time staff members?

8.

Are the financial and human resources provided to the NCP sufficient for the NCP to carry out its mandate?

Yes.

What challenges does the NCP face in fulfilling its mandate?

Difficulties in engaging the business community, worker organizations, other non-governmental organizations, other interested parties.

Other:

• A challenge for Canada’s NCP is balancing the unpredictability of the Requests for Review with the need for pre-planned and continuous resource dedication to the promotion of the role of the NCP and the OECD Guidelines for Multinational Enterprises.
• An additional challenge will be to meet the increased resource needs posed by the OECD Proactive Agenda and exercises aimed at strengthening the NCPs.

Please explain these challenges, and elaborate on additional elements that would be needed for the NCP to fulfil its mandate and functions.

It is a challenge to reach the wide range of stakeholders (industry, civil society, labour groups, communities and others) that need to know about the OECD Guidelines for Multinational Enterprises for implementation or access to the NCP’s dialogue facilitation system given that: Canadian MNEs operate in a diverse range of sectors; the country’s geographic spread; that many of the issues raised to the NCP stem from specific instances outside Canada; and, the proliferation of Small and Medium Sized Enterprises (SMEs) that are undertaking multinational activities in an increasingly globalised economy.

An additional challenge is that much of the nature of the NCP’s work is very responsive to Requests for Review which are not predictable, both in their timing, or how they unfold, which in turn make for unforeseen time and resource commitments. This puts pressure on the NCP to deliver on its promotional mandate which requires consistent and sustained efforts and resources to proactively, systematically and effectively target the wide range of stakeholders.

A third challenge is that the broader OECD efforts to promote the applicability of the OECD Guidelines for Multinational Enterprises through the Proactive Agenda, and to enhance the effectiveness of the NCP system as a whole, requires the Canadian NCP to commit additional resources and time to ensure effective engagement in work undertaken on topics of interest in these initiatives.

In order to meet all three of these challenges, increased resources and coordination among NCP departments, strategic targeting of key markets, sectors and events, and increased coordination with other NCPs would be welcome.

Does the NCP report to the government on its activities?

Yes.

If yes, please specify which:

• Through regular meetings
• Through established reporting channels

Other:

As appropriate to emerging issues.

Please specify to whom the NCP reports (ex. Parliament, governmental body, etc.)

As previously noted, Canada's NCP provides regular status reports, updates and briefings to the Office of the Minister of International Trade and other Cabinet Ministers, as required.

Does the NCP coordinate with other domestic government bodies or representatives with regard to activities on responsible business conduct?

Yes.

If yes, please elaborate:

As noted earlier, through the NCP’s interagency model, other (non-NCP Committee) departments provide expertise to the NCP. This expertise is both useful to the NCP during Requests for Review, and to provide expertise on the OECD RBC agenda, through both their in-house knowledge, and through their access to relevant stakeholders. In addition, these other departments are key to promoting RBC guidance and discussing RBC topics with stakeholders.

C. Information and Promotion

Does the NCP have a dedicated website or dedicated webpages?

Yes.

If yes, please provide link.

Are the Guidelines available online?

Yes.

Are the Guidelines available in print?

Yes.

Is the NCPs Annual Report available online or in print?

Yes.

Does the NCP have a promotional plan on the Guidelines?

Yes.

If yes, please provide details.

Officials of the seven departments that comprise Canada's NCP Committee identify and coordinate their participation in a variety of promotional activities and outreach initiatives in various fora where reference to the OECD Guidelines and the NCP's role are relevant to the discussion. A summary of main activities in 2014-15 follows:

• The NCP was highlighted in the November 2014 launch of Canada’s updated CSR Strategy for the Extractive Sector Doing Business the Canadian Way: A Strategy to Advance Corporate Social Responsibility (CSR) in Canada’s Extractive Sector Abroad;
• As part of the G7 agenda for 2015, under the work stream on supply chains, Canada and other G7 countries committed to undertake key steps to promote and strengthen the NCP system and the OECD Guidelines for Multinational Enterprises, and the Government of Canada to committed to an NCP Peer Review;
• The fourth annual multi-stakeholder information session hosted by the NCP in June 25, 2015 (more on this below);
• Workshop sessions and information provided at the annual Prospectors and Developers Association of Canada International Convention in March 2015;
• Over this reporting period, under GAC’s CSR Fund (totaling approximately CAD 214,000), 45 responsible business related activities led by Canadian offices abroad and in Canada were funded for Fiscal Year April 2014 to March 2015. This fund enables the pursuit of CSR initiatives such as workshops and information sessions scheduled around the world, aimed at stimulating discussion and dialogue on integrating CSR, including the OECD Guidelines, into business activities.
  
  Approximately 28% of the fund was directed to projects in Africa and the Middle East; 7% to Asia Pacific; 10% to Europe; 11% to North America, and, 54% to Latin America. An example of these events include the ASEAN Next-Gen CSR Forum, funded by the Canadian Embassy and organized in partnership with the ASEAN CSR Network, on February 5, 2015, where Roel Nieuwenkamp, Chair of the OECD Working Party on Responsible Business Conduct, was invited to speak on the panel entitled The Role of the Private Sector in the Post-2015 ASEAN and Global Context, in which he highlighted the OECD MNE Guidelines and due diligence guidance.
  
  The Canadian Ambassador to ASEAN, as well as representatives from Export Development Canada (EDC) and GAC also spoke to Canada’s updated CSR strategy, dialogue facilitation and promotion of international standards to an audience of approximately 250 from throughout Southeast Asia. As the Canadian fiscal year of 2015-16 is ongoing, we are unable to report on those figures; 

• Various speaking engagements in international and domestic fora;
• The NCP provides input to CSR-related articles in GAC publications, such as our CSR E-Bulletin, intended for a broad external multi-stakeholder audience, and regularly updates its website;
• The Government of Canada also promotes the inclusion of CSR provisions in FTAs and FIPAs negotiations, and,
• The NCP works closely with Canada’s CSR Counsellor for the Extractive Sector to promote Canada’s two dialogue facilitation mechanisms. The Counsellor promotes the NCP and the OECD Guidelines at his speaking events.

Has the NCP implemented the actions identified in the promotional plan?

Yes.

Why or why not?

As promotion of the OECD Guidelines for Multinational Enterprises is one of the core mandates of NCPs, Canada’s NCP finds it a vital step to inform the various stakeholder groups of the developments surrounding the Guidelines and the NCP, such as the proactive agenda, and of the mandate and dialogue facilitation role the NCP can play to help resolve disputes. The Canadian NCP deems it necessary to employ a variety of activities to fulfill this promotional mandate, and coordinate with a variety of departments, governments and other stakeholders to maximize the effect of the promotion.

How does the NCP inform investors about the Guidelines and their implementation? Through:

• Embassies
• Export Credit Agency
• Overseas investment guarantee body
• Investment promotion agencies

Other:

• Government Departments with investment promotion roles;
• Directly with private investor groups.

Has the NCP done any studies to assess awareness of enterprises on the Guidelines and the NCP?

Yes.

If yes, through:

• Survey(s)
• Regular meetings

Other:

Targeted round tables.

What were the results of these studies/surveys?

In the lead up to the launch of the updated 2014 CSR Strategy, the Government of Canada CSR working group, of which the NCP is part, conducted surveys and targeted roundtables with key stakeholders, and in particular industry, to assess the uptake of key CSR Guidelines including the OECD Guidelines for Multinational Enterprises, and industry’s understanding of the functions of the NCP.

The NCP also holds regular meetings with its “Social Partners” which include industry participants. These surveys and consultations showed a need for continued outreach, but also an increasing awareness of the OECD Guidelines, and the role of the NCP as a dialogue facilitation mechanism over the last 5 years.

Has the NCP organised any events to promote the Guidelines and their implementation procedure?

Yes.

Canadian NCP Annual Stakeholder Information Session

• Ottawa, June 25, 2015
• 65 participants, consisting of businesses, worker organizations, NGOs, academia and government
• The Canadian NCP outlined the purpose and key sections of the OECD Guidelines, the role of the NCP to facilitate dialogue, and the background on the OECD Proactive Agenda projects. The CSR Unit of GAC (formerly the Department of Foreign Affairs, Trade and Development) was invited to present on the recently updated CSR Strategy. The Vice-Chair of the NCP was invited to speak to the recent CSR and transparency measures under the purview of NRCan. Each presentation included in-depth discussions with the attendees.

Did the NCP participate in any event organised by stakeholders or other entities to promote the Guidelines and their implementation procedures?

Yes.

Canadian CSR Strategy Outreach Session – Singapore

• Singapore, February 2, 2015
• Hosted by the High Commission of Canada to Singapore
• Participants from industry associations, businesses, and international organizations
• Canadian CSR Team promoted Canada’s approach to CSR and CSR Strategy, including promotion of the OECD Guidelines for Multinational Enterprises, and the Canadian National Contact Point, answered questions and gathered feedback on CSR-related challenges, efforts and evolutions.

Canadian CSR Strategy Outreach Session – Hong Kong

• Hong Kong, China, February 9, 2015
• Hosted by the Consulate General of Canada in Hong Kong
• Participants from government, businesses, and CSR organizations
• Canadian CSR Team gave a training and update meeting on the Government of Canada’s approach to CSR and updated CSR Strategy, including the OECD Guidelines and NCP, and discussed shared challenges and initiatives related to promoting CSR, from both Canadian and Asian perspectives, and work on sustainable supply chains and standards. To close the program, a roundtable took place to discuss CSR in general, as well as initiatives being undertaken and the landscape surrounding CSR in the region.

Canadian CSR Strategy Outreach Session – Philippines

• Manila, Philippines, February 10-11, 2015
• Hosted by the Embassy of Canada in the Philippines
• Participants from businesses, government, industry associations, and CSR and development organizations
• Canadian CSR Team conducted a training and outreach meeting on Canada’s approach to CSR and CSR Strategy, including the OECD Guidelines and NCP, which facilitated a variety of CSR questions and extractive-related discussions on CSR.

Austrian NCP Information Session with Stakeholders

• Vienna, March 3-4, 2015
• 60 participants from business and other NCPs
• The Austrian NCP presented on the OECD Guidelines and the NCP to a group of stakeholders, which included guest speakers including the OECD Chair of the Working Party on Responsible Business Conduct. This session included a question and answer session.

CSR Event Series: “A Comprehensive Approach: the Enhanced CSR Strategy for Canada’s Extractive Sector Abroad”

• Toronto, Canada, March 2, 2015
• Prospectors and Developers Association of Canada (PDAC)
• 200 participants from business, NGOs, academia, government and other parties
• The NCP Chair presented an overview of Canada’s recently updated CSR Strategy Doing Business the Canadian Way: A Strategy to Advance Corporate Social Responsibility in the Canada’s Extractive Sector Abroad. A key feature of the CSR Strategy, this panel included information on the OECD Guidelines and the National Contact Point, including how Canada has linked a company’s access to trade advocacy support to their agreement to participate in the NCP’s dialogue facilitation if requested.

Information Session for Chinese Stakeholders

• Beijing, May 28, 2015
• Organized by the OECD Secretariat
• Approximately 50 participants from business and government
• The OECD Secretariat presented on the OECD Guidelines and the NCP. Several NCPs, including Canada’s NCP, were invited to present on their structures and mandates. Affiliates to the OECD’s “Social Partners” BIAC, TUAC and OECDWatch also presented their views on the value of the OECD Guidelines and the NCP system. This session included an in-depth discussion with stakeholders on the roles and mandate of the NCPs.

Hungarian NCP Information Session with Stakeholders

• Budapest, October 8-9, 2015
• 60 participants from business, government, labour organizations, NGOs, academia, and other NCPs
• The Hungarian NCP held a full day session with stakeholders to presented on the OECD Guidelines and the NCP, and included a series of presentations from NCPs, including Canada’s NCP. Guest speakers, including the OECD Chair of the Working Party on Responsible Business Conduct, discussed a range of RBC subjects like the UN Guiding Principles on Business and Human Rights. The session ended with workshops on key NCP topics to allow stakeholders the possibility to ask questions directly to NCPs.

Does the NCP cooperate with OECD partner organizations and/or other leading organizations working on responsible business conduct?

Yes.

Please check all that apply and provide further details on the nature of the cooperation.

• ILO
• UN Global Compact and its local networks
• UN Office of the High Commissioner on Human Rights
• National Institution for the Protection and Promotion of Human Right
• Global Reporting Initiative
• ISO

Other:

Through its seven-member interdepartmental Committee and its Social Partners, the NCP maintains a relationship, through formal and informal discussions and joint activities, with the institutions listed above as well as the OECD Anti-Bribery Convention, the Intergovernmental  Forum on Mining, Minerals and Metals, the Voluntary Principles on Security and Human Rights, the Extractive Industry Transparency Initiative, and the Kimberley Process for Certification Scheme.

How many inquiries about the Guidelines and the NCP were received from:

• Business : 9
• Labour Organizations : 9
• Non-governmental organizations : 6
• Government agencies: 3
• Other government (e.g. via embassies): 1
• Other (individuals, press, academia): 20

If available please provide web statistics regarding your NCP’s website:

How many visitors did the website(s) receive in the reporting period?

Information not available

How many downloads of materials on the NCP website (e.g. the Guidelines, brochures, other materials) occurred during the reporting period?

Information not available

D. Specific instances

According to the Procedural Guidance, NCPs are expected to contribute to the resolution of issues that arise relating to the implementation of the Guidelines in specific instances in a manner that is impartial, predictable, equitable and compatible with the principles and standards of the Guidelines.

What are the NCP’s procedures for handling specific instances? Please attach the procedures

The Canadian NCP Procedures can be found at

Where applicable please elaborate or note an absence of NCP procedures regarding:

Requirements on submitting a complaint in a specific instance

N/A – This is included in Canada’s NCP Procedures

Standing requirements for participating in a specific instance (e.g. rules around who is allowed to bring complaints to an NCP mechanism, who is allowed to participate in mediation).

N/A – This is included in Canada’s NCP Procedures

Confidentiality provisions

N/A – This is included in Canada’s NCP Procedures

Indicative timeframes for the different steps of the procedure

N/A – This is included in Canada’s NCP Procedures

Existence of a statute of limitations

There are no statutes of limitations in the Canadian NCP Procedures

Publication and availability online of initial assessments

The Initial Assessment is released in whole or in part with the Final Statement at the end of the Request for Review period. The NCP consults with the parties to determine what should be released in order to balance transparency and confidentiality. The Canadian NCP will not amend a Final Statement once the Request for Review has been closed and the Final Statement publically posted online.

How many new specific instance(s) did the NCP receive in the reporting period?

1.

What are the main challenges the NCP encountered in handling specific instances during the reporting period?

• Parallel legal proceedings
• Parallel public campaigning by complainant
• Unwillingness of the company to engage

Please provide any details as relevant:

In the Specific Instance that was concluded in this reporting period, which began in the last reporting period, the Company refused to engage with the Canadian NCP. Following this refusal, the Canadian NCP enacted a new provision that stems from the updated 2014 CSR Strategy which now includes new measures to deny company access to economic and trade advocacy services in cases of non-participation in the NCP process.

As the Company did not respond to multiple offers by the NCP for use of its good offices, the Company’s non-participation in the NCP process will now be taken into account in the Company’s requests for enhanced advocacy support from the Trade Commissioner Service and/or Export Development Canada (EDC) financial services.

As the goal of both the NCP and the CSR Strategy is to encourage improvement in terms of a company’s use and integration of CSR standards and best practices, should the Company wish to be able to access future support of this type, it will need to submit a Request for Review to the NCP, or show the Government of Canada it has engaged in good-faith dialogue with the Notifier.

In the Specific Instance currently under review, parallel legal proceedings are underway. The NCP has none-the-less offered its good offices, and the parties have accepted.

E. Proactive Agenda

In accordance with the Investment Committee's proactive agenda, NCPs should maintain regular contact, including meetings, with social partners and other stakeholders in order to: a) consider new developments and emerging practices concerning responsible business conduct; b) support the positive contributions enterprises can make to identify and respond to risks of adverse impacts associated with particular products, regions, sectors or industries.

Does the NCP engage in any of the multi-stakeholder advisory groups under the proactive agenda?

Responsible Mineral Supply Chains?

Yes.

Please specify

One of the GAC members of the NCP Committee co-chaired the Responsible Mineral Supply Chains Advisory Group.

Stakeholder Engagement in the Extractive Industries?

Yes.

Please specify

The NCP Secretariat’s Executive Director co-chaired the Stakeholder Engagement in the Extractive Industries Advisory Group, and over this reporting period conducted outreach with interested parties to take into account stakeholder views in the successful development of this product.

Responsible Business Conduct in the Financial Sector?

Yes.

Please specify

The NCP Secretariat leads and coordinates Canada’s participation in the Responsible Business Conduct in the Financial Sector’s Advisory Group, and over this reporting period conducted outreach with interested parties to take into account stakeholder views in the development of this product.

Responsible Agricultural Supply Chains?

Yes.

Please specify

The NCP Secretariat participated in the joint work between this Advisory Group on Responsible Agricultural Supply Chains and that of the Stakeholder Engagement in the Extractive Industries. While not an NCP member, Agriculture and Agri-Food Canada also provided input to the NCP, and was directly involved in the development of the guidance document.

Responsible Supply Chains in the Textile and Garment Sector?

Yes.

Please specify

The NCP Secretariat participates in the Responsible Supply Chains in the Textile and Garment Sector’s Advisory Group, and over this reporting period conducted outreach with interested parties to take into account stakeholder views in the development of this product.

How does the NCP use and rely on guidance developed as part of the proactive agenda projects mentioned above?

• Promotion and awareness raising activities
• Dealing with specific instances
• Handling enquiries
• Developing guidance at the national level

Please provide any details as relevant:

The NCP uses its promotional events to raise awareness of these new Proactive Agenda tools that are either already available or are under development. The NCP also uses the opportunity set out by the development of these new guidance tools to reach out to sectors that have less exposure to the OECD Guidelines for Multinational Enterprises. Even when under development, the discussions and drafts of some of the tools have been helpful to the NCP to understand best practices and key challenges industry faces when implementing the OECD Guidelines.

As many of the tools were still under development in the reporting period, while they could not be shared directly with stakeholders outside of the Advisory Group, they were helpful in guiding the NCP in how to explain key steps and RBC challenges for various sectors when discussion CSR with stakeholders. They also provided a helpful platform for broader side discussions about the OECD Guidelines and the role and mandate of NCPs with Advisory Group members such as industry associations. The OECD Due Diligence Guidance on Responsible Mineral Supply Chains was also integrated into Canada’s updated 2014 CSR Strategy, and now forms one of the six core CSR Standards that the Government of Canada expects the Canadian extractive sector abroad to follow.

F. Co-operation and peer learning

In addition to contributing to the Committee's work to enhance the effectiveness of the Guidelines, NCPs are encouraged to cooperate and engage in horizontal, thematic peer reviews and voluntary peer evaluations. Cooperation and experience sharing can be carried out through meetings at the OECD or hosted by a government and can include mentoring and coaching,  direct co-operation between individual NCP on specific issues, etc.

How did the NCP engage in co-operation and experience sharing with other NCPs during the reporting period?

• Horizontal learning activities
• Co-operation in handling specific instances
• Mentoring/capacity building events

Please provide any details as relevant:

Canada’s NCP Secretariat participated in all the horizontal learning activities hosted at the OECD in this reporting period. In addition, the NCP Secretariat contributed to mentoring/capacity building events hosted by the Austrian and Hungarian NCPs in this reporting period, through giving presentations, leading break-out discussions, and actively participating in the capacity building events. In this reporting period, the Canadian NCP cooperated with several NCPs on various stages of Specific Instances, including the French, Turkish, UK, and US NCPs.

Did the NCP encounter any difficulties in co-operating with other NCPs?

No.

Is the NCP interested in volunteering for a peer evaluation?

Yes.

Please indicate semester/year:

Autumn 2017

Is the NCP interested in being part of a peer review team?

Yes.

Please indicate semester/year:

TBD

Please provide suggestions for themes of future horizontal learning exercises

• Further training on dialogue facilitation skills
• Balancing Transparency with Confidentiality
• Engaging SMEs in outreach events

Is the NCP interested in hosting an NCP learning/experience-sharing event?

Yes.

Please indicate semester/year:

TBD

G. Impact and future work

Have there been any measurable impacts of the Guidelines and/or the efforts of the NCP in the past implementation cycle?

Yes.

For example: 

The new provisions included in Canada’s updated 2014 CSR Strategy, which included new measures to be applied in case of non-participation in the NCP dialogue facilitation process, and the NCP’s subsequent application of this provision following a company’s refusal to participate in the Request for Review process, has had significant impact on the profile of the Government of Canada’s engagement on CSR issues, as well as the profile of the OECD Guidelines for Multinational Enterprises in Canada, and has helped stakeholders better understand the mandate and role of the National Contact Points.

Industry associations with CSR committees have sought out the Canadian NCP for more detailed discussion on the development of their member-focused CSR policies, as have other NCP country delegates involved in the development of UN Guiding Principle or Responsible Business Conduct National Action Plans.

Have the Guidelines been referred to in national legislation (e.g. on non-financial reporting, export credits regulation etc.)?

No.

Do any domestic industry standards refer to the Guidelines?

No.

Other? Please elaborate

As noted previously, the NCP was a highlight in the launch of the November 2014 updated CSR Strategy for the Extractive Sector Doing Business the Canadian Way: A Strategy to Advance Corporate Social Responsibility (CSR) in Canada’s Extractive Sector Abroad.

What are the new emerging challenges for enterprises identified by NCPs, notably in developing and emerging economies and sectors?

• A key emerging challenge in the global context is increasing awareness of the OECD Guidelines with multi-national Small and Medium-sized Enterprise (SMEs);
• In the Canadian context, another key challenge enterprises in implementing the OECD Guidelines continues to be taking appropriate due diligence steps to ensure they are conducting meaningful stakeholder engagement; and
• Another emerging challenge is the growing importance of local procurement and the difficulties of doing it in economies where many goods are not available.

How has the NCP helped enterprises address these challenges?

As the challenge of outreach to multi-national SMEs is a global phenomenon, the NCP and its partners have worked with other NCPs, the OECD and other international organizations, key Canadian industry associations, and other stakeholders to:

• Better understand the best points of entry to reach SMEs (e.g. the NCP is designing workshops that will target industry associations, where SMEs are more likely to attend);and
• Create guidance that is designed to speak to SME concerns (e.g. NCP member NRCan created a CSR Checklist that is designed to help SMEs, )

As Co-Chair of the Due Diligence Guidance for Meaningful Stakeholder Engagement in the Extractive Sector project, Canada is pleased to have contributed to guidance that takes helps enterprises understand how to concretely apply the OECD Guidelines through conducting due diligence for stakeholder engagement.

What issues might deserve particular attention during the 2016 implementation cycle of the Guidelines? For example:

Areas for which additional proactive agenda projects would be valuable:

In addition to the sectors currently included in the OECD Proactive Agenda, some key emerging issues include how to promote the OECD Guidelines for Multinational Enterprises to the multi-national SMEs; the ICT Sector; and guidance for broader supply chains beyond the Ready Made Garment sector.

Areas where additional research or analytical support would be helpful:

• Methods that NCPs could use to encourage participation of enterprises in the NCP Request for Review process, and ensure the responsibilities and accountability of all parties to a dispute more broadly, including on issues of campaigning during a dialogue facilitation process; and
• Beyond the reactive Request for Review process that NCPs are mandated to follow, exploring a potentially role for NCPs to proactively provide advice or dialogue facilitation to resolve issues.

Areas which would benefit from additional policy dialogue:

Policy dialogue on the following topics could be helpful to both NCPs and to stakeholders. These would help scope out where to focus further guidance and learning activities for NCPs, and could shape additional Proactive Agenda projects.

• The role of dialogue facilitation, and how to provide the offer of good offices, how to develop and keep, or access facilitation and/or mediation expertise;
• Balancing transparency versus confidentiality in the development of NCP documents which will be shared and/or released publically, advocacy campaigns, and how this dynamic impacts the trust building and constructive engagement the NCP process tries to establish through dialogue facilitation/mediation;
• Best practices for Requests for Review that are not within an NCP’s country; and
• How to conduct research for the Initial Assessment phase, how and whether to conduct on-the-ground investigations, and within what policy parameters these should take place.