The Office of the Extractive Sector CSR Counsellor was established in 2009 as part of the Government of Canada’s CSR Strategy for the International Extractive Sector.[1] The mandate of the Counsellor is defined by an Order in Council.
Marketa Evans held the position until she resigned in October 2013. In March 2015, Jeffrey Davidson was appointed as Counsellor.[2] Some commentators have argued that as competent as Jeffrey Davidson may be, the government has not given him the tools necessary to be an effective regulator of the extractive sector.[3]
The Counsellor was replaced by the Canadian Ombudsperson for Responsible Enterprise in 2019.[4]
CSR Counsellor Mandate [5]
The role of the Counsellor is to review the corporate social responsibility (CSR) practices of Canadian extractive sector companies operating outside Canada; and advise stakeholders on the implementation of endorsed CSR performance guidelines. The Order in Council mandate outlines the five stages of the review process as 1. initial assessment; 2. informal mediation; 3. fact-finding; 4. access to a formal mediation; and 5. reporting.
Requests for review may be submitted by an individual, group or community (or its representative) that reasonably believes that it is being adversely affected by the activities of a Canadian extractive sector company in its operations outside Canada. Requests may also be submitted by Canadian extractive sector companies that believe they are the subject of unfounded allegations concerning its corporate conduct. The Counsellor will only undertake reviews with the consent of the involved parties.
The Counsellor's mandate specifies that Canada's National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises shall remain the primary authority with respect to the OECD Guidelines for Multinational Enterprises. The Counsellor is to work with the NCP on requests for review that relate to the OECD Guidelines.
Development of the Office and Processes
In May 2010 The Counsellor released an issues paper [6] and a document outlining draft rules of procedure [7] for discussion. These two documents provided background for a public consultation process which took place in Canada and internationally from June to September to help define how the dispute resolution process would work. The Counsellor released a document summarizing the public consultations in September 2010.
The "rules of procedure" for the Review Process were finalized in September 2010.
The launch of the Review Process took place on October 20, 2010.
The Counsellor submitted an Annual Report to Parliament in February 2011. Find it here http://www.international.gc.ca/csr_counsellor-conseiller_rse/index.aspx
One of the Four Pillars of the Canadian government CSR Strategy
In 2009 the federal government introduced a strategy called "Building the Canadian Advantage: A Corporate Social Responsibility (CSR) Strategy for the Canadian International Extractive Sector". This is aimed at improving the competitive advantage of Canadian international extractive sector companies by enhancing their ability to manage social and environmental risks. The government outlined four "pillars" to support this strategy:[8]
Origin in the 2007 Roundtables Report
The concept of an independent ombudsman office, "mandated to provide advisory, fact-finding and reporting functions" was included in the recommendations of the 2007 Advisory Group Report on the National Roundtables on Corporate Social Responsibility (CSR) and the Canadian Extractive Industry in Developing Countries.[9]