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Bill C-263

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First Reading

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SUMMARY
Short Title
Interpretation and General Provisions
Her Majesty
Application
Office of the Commissioner for Responsible Business Conduct Abroad
Complaints
Investigations
Delegation
Regulations
Offences and Punishment
Reports to Parliament
Review by Parliament
Consequential Amendments
Access to Information Act
Financial Administration Act
Privacy Act
Public Service Superannuation Act
Public Sector Compensation Act
SCHEDULE International Human Rights Instruments

First Session, Forty-fourth Parliament,

70-71 Elizabeth II, 2021-2022

HOUSE OF COMMONS OF CANADA

BILL C-263
An Act to establish the Office of the Commissioner for Responsible Business Conduct Abroad and to make consequential amendments to other Acts

FIRST READING, March 29, 2022

Ms. McPherson

441043

SUMMARY

This enactment enacts the Responsible Business Conduct Abroad Act, which establishes the Office of the Commissioner for Responsible Business Conduct Abroad. The enactment authorizes the Commissioner to monitor and investigate the business activities of certain Canadian entities operating abroad for the purpose of reporting on the entities’ compliance with international human rights law.

Available on the House of Commons website at the following address:

www.ourcommons.ca

1st Session, 44th Parliament,

70-71 Elizabeth II, 2021-2022

HOUSE OF COMMONS OF CANADA

BILL C-263

An Act to establish the Office of the Commissioner for Responsible Business Conduct Abroad and to make consequential amendments to other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the Responsible Business Conduct Abroad Act.

Interpretation and General Provisions

Definitions

2 (1) The following definitions apply in this Act.

Commissioner means the Commissioner for Responsible Business Conduct Abroad appointed under subsection 6(1). (commissaire)

entity means a corporation or a trust, partnership or other unincorporated organization that is listed on a stock exchange in Canada, has a place of business in Canada, does business in Canada or has assets in Canada, but does not include a non-profit organization or a labour union. (entité)

Minister means the Minister designated under subsection (2) or, if none is designated, the Minister of Foreign Affairs. (ministre)

Designation of Minister

(2) The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

Her Majesty

Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Application

Entities

4 This Act applies to any entity that

(a) manufactures, produces, grows, extracts, processes, sells or supplies goods abroad;
(b) imports into Canada goods manufactured, produced, grown, extracted or processed abroad;
(c) offers, performs or provides services abroad; or
(d) controls directly or indirectly, in any manner, an entity described in paragraph (a), (b) or (c).

Office of the Commissioner for Responsible Business Conduct Abroad

Office

5 The Office of the Commissioner for Responsible Business Conduct Abroad is established.

Commissioner for Responsible Business Conduct Abroad

6 (1) The Governor in Council must appoint, by commission under the Great Seal, a Commissioner for Responsible Business Conduct Abroad after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

Tenure

(2) Subject to this section, the Commissioner holds office during good behaviour for a term of five years but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

Further term

(3) The Commissioner is eligible to be reappointed once only.

Interim appointment

(4) In the event of the absence or incapacity of the Commissioner, or if the office of Commissioner is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person must, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

Remuneration and expenses

(5) The Commissioner is to be paid the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of powers and the performance of duties or functions while absent from the Commissioner’s ordinary place of work.

Mandate

7 (1) The mandate of the Commissioner is to monitor and, when appropriate, investigate the business activities of entities that operate abroad or import goods into Canada for the purpose of reporting on the entities’ compliance with international human rights law.

International human rights law

(2) For the purposes of this Act, international human rights law means the rights recognized under the international human rights instruments listed in the schedule.

Amendment of schedule

(3) The Governor in Council may, by order, amend the schedule by adding or deleting a reference to an international human rights instrument.

Rank and powers

8 The Commissioner is to have the rank and powers of a deputy head of a department and engage exclusively in the duties of the office of Commissioner under this Act or any other Act of Parliament and must not hold any other office or employment for reward.

Staff of the Commissioner

9 (1) Any officers and employees that are necessary to enable the Commissioner to perform the duties and functions of the Commissioner under this Act or any other Act of Parliament are to be appointed in accordance with the Public Service Employment Act.

Technical assistance

(2) The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner in order to advise and assist in the performance of the duties and functions of the Commissioner under this Act or any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

Complaints

10 (1) Any person may make a complaint to the Commissioner with respect to the international human rights impact of an entity’s business activities abroad.

Request for confidentiality

(2) The person making the complaint may request that their identity, and any information that may reveal their identity, not be disclosed.

Prohibition

(3) The Commissioner must not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal their identity.

Commissioner’s discretion

(4) The Commissioner may refuse to deal with the complaint if, in the Commissioner’s opinion, the complaint is trivial, frivolous or vexatious or made in bad faith.

Written complaint

11 A complaint under this Act must be made to the Commissioner in writing unless the Commissioner authorizes otherwise.

Investigations

Investigation

12 (1) The Commissioner may conduct an investigation in furtherance of the Commissioner’s mandate under section 7

(a) on receipt of a complaint under subsection 10(1); or
(b) on the Commissioner’s own initiative.

Restriction

(2) The Commissioner may conduct an investigation only if, in the Commissioner’s opinion, there are reasonable grounds to believe that an entity may have been or may be engaged in business activities abroad that do not respect international human rights law.

Powers of investigation

(3) For the purpose of conducting the investigation, the Commissioner may

(a) in the same manner and to the same extent as a superior court of record,
- (i) summon and enforce the attendance of persons before the Commissioner and compel them to give oral or written evidence under oath, and
- (ii) compel persons to produce any documents or other things that the Commissioner considers relevant for the investigation; and
(b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.

Evidence in other proceedings

(4) Evidence given by a person in the investigation and evidence of the existence of the investigation are inadmissible against the person in a court or in any other proceeding, other than in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner.

Notice of intention to investigate

(5) Before carrying out an investigation, the Commissioner must inform the entity concerned of the Commissioner’s intention to carry out the investigation.

Right to make representation

(6) The Commissioner must give the entity a reasonable opportunity to make representations to the Commissioner.

Suspension of investigation

(7) The Commissioner must immediately suspend an investigation under this section

(a) if the Commissioner discovers that a charge has been laid under an Act of Parliament or of the legislature of a province with respect to the subject-matter of the investigation; or
(b) if the Attorney General of Canada or the attorney general of a province certifies that the Commissioner’s investigation might interfere with an investigation by a peace officer.

Investigation continued

(8) The Commissioner must not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.

Report on investigation

13 (1) After completing or terminating an investigation, the Commissioner must prepare a report on the investigation, including the findings, conclusions and reasons for the Commissioner’s conclusions.

Recommendations to an entity

(2) In the report, the Commissioner may make recommendations to an entity, including with respect to providing financial compensation or other reparations, issuing a formal apology, preventing human rights abuses and making changes to an entity’s policies.

Recommendations to the Minister

(3) In the report, the Commissioner may make recommendations to the Minister concerning measures to be taken against an entity, including any of the following:

(a) withdrawing trade advocacy support provided to the entity by the Department of Foreign Affairs, Trade and Development;
(b) rendering the entity ineligible for future trade advocacy support provided by the Department of Foreign Affairs, Trade and Development; or
(c) rendering the entity ineligible for future financial support provided by Export Development Canada.

Recommendations on legislative and policy change

(4) In the report, the Commissioner may recommend changes to Canadian law and government policy in order to better promote compliance with international human rights law.

Publication of report

(5) The Commissioner must publish the report on the website of the Office of the Commissioner.

Delegation

Delegation by Commissioner

14 The Commissioner may authorize any person to exercise or perform, subject to any restrictions or limitations that the Commissioner specifies, any of the powers, duties or functions of the Commissioner under this or any other Act of Parliament except

(a) the power to delegate under this section; and
(b) the powers, duties or functions set out in sections 13, 19 and 20.

Regulations

15 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations respecting the circumstances in which this Act does not apply to entities and prescribing anything that, by this Act, is to be prescribed.

Offences and Punishment

Obstruction

16 (1) Every person or entity that obstructs or hinders a person who is exercising powers or performing duties or functions under this Act is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000.

False or misleading statement or information

(2) Every person or entity that knowingly makes any false or misleading statement or knowingly provides false or misleading information to the Commissioner or to any other person who is authorized to exercise powers or perform duties or functions under this Act is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000.

Liability of officers, directors, etc.

17 If a person or an entity commits an offence under this Act, any officer, director or agent or mandatary of the person or entity who directed, authorized, assented to, acquiesced in or participated in its commission is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the person or entity has been prosecuted or convicted.

Offence by employee or agent or mandatary

18 In a prosecution for an offence under subsection 16(1), it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that they exercised due diligence to prevent its commission.

Reports to Parliament

Annual report

19 (1) Within three months after the end of each fiscal year, the Commissioner must prepare a report with regard to the administration of this Act during that fiscal year and submit the report to the Speaker of the Senate and the Speaker of the House of Commons for tabling in those Houses.

Contents of report

(2) The report is to include

(a) a summary of the complaints received;
(b) a summary of any investigations conducted by the Commissioner; and
(c) any recommended changes to Canadian law and government policy.

Special report — urgent matter

20 (1) The Commissioner may, at any time, prepare a special report concerning any matter within the scope of the powers, duties and functions of the Commissioner if, in the Commissioner’s opinion, the matter is of such urgency or importance that a report on it should not be deferred until the next annual report.

Special report — law and policy

(2) The Commissioner may prepare a special report in order to recommend changes to Canadian law or government policy.

Tabling of special report

(3) The Commissioner must submit any special report to the Speaker of the Senate and the Speaker of the House of Commons for tabling in those Houses.

Review by Parliament

Review of Act by parliamentary committee

21 (1) A comprehensive review of the provisions and operation of this Act must be undertaken, every five years after this section comes into force, by the committee of the Senate, of the House of Commons, or of both Houses of Parliament, that may be designated or established for that purpose.

Review and report

(2) The committee referred to in subsection (1) must, within a year after the review is undertaken or within any further period that the Senate, the House of Commons, or both Houses of Parliament, as the case may be, may authorize, submit a report on the review to both Houses that includes a statement of any changes to this Act or its operation that the committee recommends.

Transitional provision

22 The person holding the office of the Canadian Ombudsperson for Responsible Enterprise on the coming into force of this section continues in office until the end of their term of office as if they had been appointed under subsection 9(1).