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Irwin Cotler, MP

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Order Paper Question – Extractive Sector Abroad

Posted on December 19, 2014

Prof. Cotler has submitted the following question about the role of Canadian diplomatic personnel regarding the operations of Canadian extractive companies abroad. The government’s response is due upon the return of the House on January 26, 2015.

Q-9292 — December 9, 2014 — Mr. Cotler (Mount Royal) — With regard to the role of Canadian diplomatic personnel in respect to the operations of Canadian extractive companies outside Canada: (a) what is this role; (b) what policies, guidelines, and directives govern this role; (c) for each of the policies, guidelines, and directives in (b), (i) when was it enacted, (ii) by whom was it enacted, (iii) what was its objective, (iv) has its objective been met, (v) how does the government determine whether its objective has been met, (vi) how was it communicated to Canadian diplomatic personnel, (vii) what former policy, guideline, or directive did it replace or modify; (d) in what ways do Canadian diplomatic personnel support the operations of Canadian extractive companies; (e) in what ways do Canadian diplomatic personnel facilitate the establishment of new operations, projects, or facilities by Canadian extractive companies; (f) in what ways do Canadian diplomatic personnel intervene in interactions between Canadian extractive companies and (i) local governments, (ii) local law enforcement, (iii) local civil society, (iv) local residents; (g) in what ways do Canadian diplomatic personnel seek to ensure compliance by Canadian extractive companies with (i) local laws and regulations, (ii) Canadian laws and regulations, (iii) international laws and regulations, (iv) local standards regarding human rights, (v) Canadian standards regarding human rights, (vi) international standards regarding human rights, (vii) local standards regarding environmental protection, (viii) Canadian standards regarding environmental protection, (ix) international standards regarding environmental protection; (h) in what ways do Canadian diplomatic personnel seek to reduce resistance to the operations of Canadian extractive companies on the part of (i) local governments, (ii) local civil society, (iii) local residents; (i) in what ways do Canadian diplomatic personnel help Canadian extractive companies reduce resistance to their operations on the part of (i) local governments, (ii) local civil society, (iii) local residents; (j) in what ways do Canadian diplomatic personnel seek to facilitate the operations of Canadian extractive companies by advocating for changes to local laws or regulations; (k) in what ways do Canadian diplomatic personnel seek to facilitate the operations of Canadian extractive companies by advocating against changes to local laws or regulations; (l) based on what factors do Canadian diplomatic missions evaluate requests from extractive companies for assistance or services, including services offered as part of the Global Markets Action Plan; (m) for each of the last five years, broken down by country where the diplomatic mission is located, how many requests for assistance or services have Canadian diplomatic missions received from Canadian extractive companies; (n) for each request in (m), (i) what company made the request, (ii) what assistance or service was sought by the company, (iii) what assistance or service was provided to the company, (iv) who evaluated the request, (v) if the request was not granted, on what grounds was it not granted, (vi) who provided the assistance or service, (vii) what was the cost of providing the assistance or service, (viii) what was the objective of providing the assistance or service, (ix) in what way was that objective achieved; (o) in what circumstances do Canadian diplomatic missions provide assistance or services, including services offered as part of the Global Markets Action Plan, to an extractive company without a request from that company; (p) for each of the last five years, broken down by country where the diplomatic mission is located, (i) what companies have received assistance or services from a Canadian diplomatic mission without making a request, (ii) what was the nature of that assistance or service, (iii) who made the decision to provide the assistance or service, (iv) who provided the assistance or service, (v) what was the cost of providing the assistance or service, (vi) what was the objective of providing the assistance or service, (vii) in what way was that objective achieved; (q) for each of the last five years, broken down by country, in what legal proceedings outside Canada involving Canadian extractive companies has Canada intervened; (r) for each intervention in (q), (i) what was the nature of the intervention, (ii) what was the objective of the intervention, (iii) in what way was the objective achieved, (iv) who made the decision to intervene, (v) who carried out the intervention, (vi) what outside counsel was retained, (vii) what is the breakdown of the cost of the intervention, (viii) what are the access or control numbers of any legal filings made by Canada; (s) based on what criteria do Canadian diplomatic personnel determine whether a Canadian extractive company is complying with Canada’s corporate social responsibility standards, particularly those standards set out in November 2014 in Doing Business the Canadian Way: A Strategy to Advance CSR in Canada’s Extractive Sector Abroad; (t) how frequently do Canadian diplomatic personnel evaluate the compliance of Canadian companies with Canada’s corporate social responsibility standards; (u) what action do Canadian diplomatic personnel take when a company is found not to comply with Canada’s corporate social responsibility standards; (v) for each of the last five years, broken down by country in which the diplomatic mission is located, what extractive companies have been deemed in non-compliance with Canada’s corporate social responsibility standards; (w) for each company in (v), what action has been taken by Canadian diplomatic personnel to address the non-compliance; (x) what training do Canadian diplomatic personnel receive to ensure that they can advise and monitor Canadian extractive companies with respect to corporate social responsibility; (y) what assistance or services have Canadian diplomatic personnel provided to (i) Tahoe Resources in Guatemala, (ii) Nevsun Resources in Eritrea, (iii) Fortuna Silver in Mexico, (iv) Excellon Resources in Mexico, (v) IAMGOLD in Ecuador, (vi) Cornerstone Capital Resources in Ecuador, (vii) Kinross Gold Corporation in Ecuador, (viii) Lundin Mining in Ecuador, (ix) Barrick Gold in Chile, (x) Goldcorp in Chile, (xi) Yamana Gold in Argentina, (xii) Barrick Gold in Peru, (xiii) Candente Copper in Peru, (xiv) Bear Creek Mining in Peru, (xv) HudBay Minerals in Peru, (xvi) Eldorado Gold in Greece, (xvii) Esperanza Resources in Mexico, (xviii) TVI Pacific in the Philippines, (xix) Infinito Gold in Costa Rica, (xx) Blackfire Exploration in Mexico, (xxi) Skye Resources in Guatemala, (xxii) Glamis Gold in Guatemala; (z) for each instance in (y) of providing assistance or service, (i) what was the cost, (ii) what was the objective, (iii) in what way was the objective achieved, (iv) who made the decision to provide the assistance or service, (v) who provided the assistance or service; (aa) what lobbying or advocacy activities have Canadian diplomatic personnel undertaken with respect to (i) laws relating to the extractive sector in Guatemala, including Decree 22-2014, (ii) laws relating to the extractive sector in Ecuador, including Ley Orgánica Reformatoria a la Ley de Minería, a la Ley Reformatoria para la Equidad Tributaria en el Ecuador y a la Ley Orgánica de Régimen Tributario Interno in Ecuador, (iii) laws relating to the extractive sector in Honduras, including amendments to the Honduran General Mining Law; and (bb) for each instance of lobbying or advocacy in (aa), (i) what was the cost, (ii) what was the objective, (iii) in what way was the objective achieved, (iv) who made the decision to engage in lobbying or advocacy, (v) who carried out the lobbying or advocacy?

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