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Fight over mining bill deepens on Parliament Hill

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About time and this law should extend to oil exploration and development too. In this day and age companies should behave in a way that respects the law no matter what country they choose to operate in.

TVic in Guelph

Fight over mining bill deepens on Parliament Hill

talking about
Fight over mining bill deepens on Parliament Hill

Ian Munroe, CTV.ca News Staff

Date: Sunday Nov. 22, 2009 7:14 PM ET

The Cerro San Pedro mine in central Mexico stopped digging for gold Wednesday, on orders from the country's environmental enforcement agency.

Earlier this month a federal court ruled that the environmental permit of Minera San Xavier, which operates the mine and is owned by Vancouver-based New Gold Inc., was "null and void."

The court decided in favour of a Mexican environmental group, which argued Minera had violated local conservation laws and was detonating explosives too close to inhabited buildings.

In a news release, New Gold said it "has been operating in full compliance with required permits and government authorizations. The mine has had excellent operational performance in 2009 and has an enviable record of meeting its environmental and social responsibilities."

The company is appealing the ruling, and will continue leeching gold from the piles of crushed rock it has stockpiled. But the open-pit mine, which employs some 340 workers and takes its name from a centuries-old village dozens of metres away, has been forced to stop excavating.

Closer to home, a debate is intensifying about whether Ottawa should have a say over how Canadian mining companies operate in developing countries.

At issue is a private members bill that proposes:

  • the Department of Foreign Affairs investigate any alleged misdeeds by Canadian mining firms in developing countries and publish what it finds;
  • Export Development Canada withdraw financing from mining projects that are found to violate corporate social responsibility standards in poor states;
  • mining companies found to breach those standards become ineligible for investment from the Canada Pension Plan.

Bill C-300 passed second reading in April by a slim margin, with the Conservatives voting against it and MPs from the other major parties voting for it, or abstaining. A final vote could happen as early as March, and stakeholders are digging to try to influence whether or not Parliament will make it law.

Contentious issue

Amnesty International has launched an online petition to garner support for the bill, citing concerns over human rights violations by Canadian mining companies operating in other countries. MiningWatch, an industry watchdog, says at any given time it is monitoring several dozen cases of accidental or intentional misconduct by Canadian mining firms working abroad.

"We can't keep up with them all, is the problem," said Jamie Kneen, a spokesperson for MiningWatch.

Kneen argues that Bill C-300 would boost government accountability, by placing conditions on federal support to Canadian mining firms that work in developing countries such as Guatemala or the Philippines.

The United Steelworkers Union has also been campaigning in support of the bill. Many of its 250,000 members work in the mining industry. Last week, it sent a delegation to Ottawa to lobby MPs.

"We're trying to raise the floor for workers in other countries," said Stephen Hunt, the union's director for Western and Northern Canada. "They should at least follow basic standards."

But industry groups and Export Development Canada say that attaching strings to public investment money would make the country's mining industry less competitive internationally.

The proposed rules "are so out of step with the rest of the world that they would only hurt Canadian companies and take them out of the game," EDC's senior vice president, Jim McArdie, told a Parliamentary committee that's reviewing the bill on Oct. 27.

Tony Andrews, executive director of the Prospectors and Development Association of Canada, told the same committee that the bill amounts to "naive and misguided grandstanding."

"If our politicians decide to insert themselves uninvited into the internal affairs of developing countries, Canada will do more harm than good," Andrews said.

Global implications

Both sides of the debate say that mining companies should aim for international standards of corporate social responsibility, and avoid causing undue environmental damage or harming anyone who lives near mines in poor countries. But they disagree on how to do that.

"The real solution is to build the capacity within developing-country governments to manage their environmental regulations to protect the environment, and to strengthen their legal processes to protect human rights," Gordon Peeling, president and CEO of the Mining Association of Canada, told CTV.ca.

Liberal MP John McKay, who proposed the bill, said he's in favour of any measures to help developing countries strengthen their laws. But he would also like to see social responsibility rules that come with repercussions if corporations break them.

He said Bill C-300 would create "a modest set of consequences" for mining corporations that receive support from the federal government, if they violate international standards, McKay said.

"A company can carry on doing whatever it's doing, however egregious," he added. "It just can't ask for the taxpayer, or the pensioners of Canada for financial support."

Other countries have been known to withdraw public investment from mining projects for environmental or human rights reasons. Last January, Norway's public pension plan sold the $200-million stake it held in a Papua New Guinea mine owned by Toronto-based Barrick Gold.

"Pollution from the Porgera mine will potentially have serious negative consequences for human life and health," it said. In particular, it said the risk of polluting the local environment with dangerous heavy metals, such as mercury, was unacceptably high.

Whether or not Ottawa adopts similar guidelines, the fight over the bill is sure to continue until it reaches final reading, which could happen within four months.

In the meantime mining industry representatives will descend on Parliament Hill Tuesday to meet with political decision makers, as part of an annual event. And Bill C-300 will likely be a popular conversation topic.

"It needs to be defeated -- it's just a debilitating waste of time," Peeling said. "We should be getting on with more important issues."

Comments are now closed for this story

B. Kelley, Ontario The Inept
said
0 0

This is just what Canadian corporations doing business in other countries really need, another layer of government bureaucracy and red tape to deal with. Our federal and provincial governments demonstrate on a daily basis that they can't keep their own houses in order so what makes anyone think that they can effectively monitor, assess and make informed and timely decisions on operations that sit on foreign soil thousands of miles away from Ottawa. Why we have this penchant for winding unending chains of constraint around our profit-making businesses is beyond me. Squeeze the golden goose hard enough and you kill it.


Gord. Robson, Nova Scotia
said
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It is up to each country to make their own laws and to enforce them! Canadians should not have to police the world! We need a level playing field and Canadians should not be at a disadvantage! Canadian companies should obey the laws of the countries that they do business in. Here in Canada we have enough to do protecting business in our own country!


TVic in Guelph
said
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About time and this law should extend to oil exploration and development too. In this day and age companies should behave in a way that respects the law no matter what country they choose to operate in.


Rene
said
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Regardless of the level of oversight this bill will generate, the real issue here is good community practices by Canadian corporations in the world. If we, as a society, can't hold our own companies accountable for their human rights practices, how can we then ensure that we advance ourselves as a society? It's high time we start to look at ourselves individually and stop making excuses for the corporate world because it helps our bottom line. In other words, money does not trump awareness.


Goldens
said
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I would think that Canadian interference in the internal affairs of another state would be highly illegal. It is interfering into the affairs of another country that wars are fought over. Canada should regulate mining at home but it should be up to that country in which the company is operating to regulate mining taking place within its boarders. John Wilson Bridgetown NS


Robert Brise
said
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Another Idiotic idea, Did Pat martin think this one up too? Keep squeezing these companies and they'll just Pack up and go then what do you have? A company that has its assets registered in another country, like some certain shipping company we all know about!!!! Hey these companies will probably save money, could it get any better?


Maureen
said
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I doubt Canadians and their MPs would welcome similar legislation if proposed by other countries - how would a NDP MP feel if US government legislation was applied to firms operating in Canada - I think the NDP would have a fit!


Rick in NB, Ste Marie
said
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B. Kelley & Gord Robson, Your saying that it's OK to hospitalize, maim and kill inocent people, not to mention polution as long as you don't break the law of the land. And you do know that some emerging countries don't have a government sophisticated enough to handle these situations You got to be new reformed conservatives. As long as there are no rules, destroy and hurt to your hearts content. What a wonderful message your sending the rest of the developed world.


Andy G.
said
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It's interesting that the federal government is getting involved with offshore mining projects while allowing internal Canadian mining companies such as INCO and Falconbridge mining to be sold. INCO to a Brazilian consortium and Falconbridge to a Swiss company. Both of these companies operate mines in Canada. The government will have very little to say when these companies close up shop and move offshore.


Jim McB
said
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This legislation points to the basic philosophy of leftist / socialist parties. They always want to control everything which is the "power" element of governing, and that goes with a "redistribution of wealth" that is the "money" element of power.They need control to exercise power and that in turn gives them the opportunity to extract cash to run their welfare state. Both are the death knell of industry and you can pick many examples out of recent history to support this position as it relates to business failure. Unions work on the same methodology.This legislation needs to be killed!The NDP are now out of control and the Liberals are missing in our parliament. What a sad state of affairs!

Bill in BC
said
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This is the height of arrogance! By what stretch of the imagination do they think that Canadian law applys to anyone OUTSIDE of Canada. If another country (the US perhaps?) tried to enforce their laws in Canada, Canadians would be up in arms.Grow up and wise up.


B. Kelley, Ontario
said
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To: Rick in NB, Ste Marie - I suggest that you read my post again. You've drawn a very long bow between what I wrote and what you think you read. Nowhere did I condone killing and maiming. My point was that Ottawa doesn't have the ability to effectively monitor what goes on in foreign countries. This bill would simply spend more taxpayer dollars on a fuzzy liberal feel-good law that would impose pointless expenses on Canadian companies and, in the end, resolve absolutely. That, my friend, is a lose/lose/lose proposition.


Portes
said
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Canada cannot and should not get involved in other countries affairs. How would we like someone to tell us what to do in our own country? The NDP thinks that it can control the world, let them go and tell China what to do, they would be laughed off the planet. It is time that North America stops playing big brother in 50 years time China will be the Super Power not the US and our voice will not matter more that a f**t in a bottle


charlie
said
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Influencing the operations of Canadian companies because of some idea that the developing countries are not able to look after their own problems and need our help seems at best misguided and at worst paternalistic. Perhaps we should send more troops to Afghanistan - they obviously have problems they can;t seem to get a handle on. Maybe we should inject ourselves into the US health care issue - they obviously have problems. Can't some folks just accept the idea that sometimes it is best just to mind our own business unless we are asked and can actually be useful? The situation seems to be going through the court process in Mexico quite well without Canada's meddling. BTW, the description of Mining Watch as an "industry watchdog" is an interesting one - when I see that description, I would think that the group is somehow industry sponsored and that is certainly not the case.


Doug @ BC
said
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Give me a break.The point is,that EVERY nation has the right to impose it's laws,within it's borders.When Canadians start trying to impose our laws on other nation,we hasd better get ready to expect them to respond in kind.While it is refreshing to see that some people get that,it is equally disappointing to see spin,such as that posted by "Rick in NB".Come on "Rick".No one suggests it's all right to do any of the killing and maiming that you so ridiculously posted as an interpretation of their posts.What I see people say is that it is not in our jurisdiction. Canadians in general,but the left wing in particular,cannot have it both ways.If we want to operate as a sovereign nation,and have other nations respect that,we must allow them the same right. Another part otf the debate is investment.A lot of companies atake a lot of risk,and spend a lot of money just looking for resources.There are nations on this planet,who,without the benefit of internation rules,would simply let a foreign company spend the money it takes to discover the resources,and AFTER THE FACT,make phoney claims about law,or the environmental issues.NOw,they get the resources for free,and the company is out for the exploration costs.In this case,I would be careful judging who is in violation,and who is operating in good faith. But the real thing Canadians must learn,is that Canadian law applies in Canada,US law applies in the USA,,Brazilian law applies in Brazil,and on and on.That is a reality that must go on no mastter which party sits in government.To promote our law as international law is no different than trying to impose a western democracy on a nation like Afghanistan.It will make us many enemies on this planet.THEY must govern THEIR country.Even the Harper Haters should know that.


edd-medhat
said
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Forcing governance over our companies in foreign countries is completely stupid and another attempt at social engineering by the loopy left. This is not unlike blaming Canadians and our troops when foreigners allegedly torture their own prisoners and our government punishes our troops. What chance does a Canadian company have in a foreign country when their corrupt leadership blame Canadian companies for pollution etc, if then, the Canadian government punishes the Canadian company again?Let the Canadian companies do business in foreign countries and respond independently to those issues without our governments' interference.


Ken P.
said
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Could these developing countries not take this issue up with the UN if they felt Canada was interfering in their internal affairs ? (Sounds like "mother" Canada trying to take care of the world again....)


Linda in Vancouver
said
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Corporations need to be careful about where they invest.Some countries come here begging for our help as foreign investors as a means to develope their economies.But then,when the corparations do invest,and have success,they simply nationalize the business,or find legal loopholes to confiscate the work already done by the corporation.,It works for them.Let someone else take the risk,then steal the rewards. Only a first rate nit-wit like Pat Martin would be pompous and self rightous enough to think other countries are going to let Canada write their laws for them.Just as we in Canada expect to be governed by our own government.Perhaps Pat Martin also thinks.for example,the Sharia Law should apply here.Or that China should write our immigration law. The real tragedy here,is that some people are actually agreeing with this socialist dribble.We should advocate for better environmental practises everywhere.But advocating for,and imposing our standards,are not at all the same thing.AND,the laws have to be written before the company invests.NOT after the business has been built,and the investment dollars have been spent.If we did it here in Canada,the government would be sued,and required to compensate the investor. I have yet to understand whast it is about the left wing socialist in this country that absolutey think that wrds like success,or growth,or profit,are actually obscenities.


DR WPG.
said
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All that happens is a Company that is Canadian today, becomes a company in a foreign land tomorrow. Bye Bye tax dollars, just ask Paul Martin, where's the ship registered? and Why?


Chris in Ajax
said
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It seems the comments here are building straw man to distract everyone from the bill at hand. The bill is not about Canada imposing its laws on other countries or meddling in their affairs. It deals with Canadian companies operating overseas and applying a very basic standard for human and environmental rights. These companies can still operate as they please but the Canadian government will invest in the companies that cannot comply with basic standards. Human rights and environmental protection are universal must haves that every moral nation must support. What moral highround can you hold if you allow your citizens to ignore basic rights and responsibilities as soon as they are out of country? When will people take precedence over profits? When will companies be held accountable for what they do wherever they are? Do we not have a moral imperative to help those that do not have the means to help themselves? This is not meddling in other countries, it is helping to hold Canadian companies to basic standards.


Wade Ens- Boycotting Amnesty International
said
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I quit donating to Amnesty International since it became too poticical and too liberal lsoing all credibility as a non-partisan group defending inncocent people. Now it is a group of phonies playing politics.


ouifyg
said
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I don't see how anyone could argue against this bill! If these are the basic safety and environmental standards to operate in our country, why would we allow a Canadian company to use a lesser standard in another country? Are the people there less human than us? Is the environment there less important than ours? If this is the minimum requirement then companies should meet it, where they operate is a non-issue, this is the minimum!


Alain
said
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This bill is not about legislating other countries - - it is about controlling what OUR companies are doing overseas. Right now, they are operating with little or no oversight, and the consequences have been disastrous in some parts of the world. Let's not bury our heads in the sand and ignore the fact that mining companies have been involved in civil wars, in forced expropriations, and a host of other unwholesome activities. The very least we can do is withdraw public support from any organization found to act in this way. Right now there is no such mechanism at ALL.


Robert the teacher
said
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Having less government in the country is better. Because we live in a global world Canadian companies can own land, and corporations in other countries, also foreign companies from different countries can own land, and corporations here in Canada. I don't like it, but unfortunately I can not change it. The private member law is bad. I don't like it. Canada is mostly Ontario. The Government of Canada is mostly for Ontario. Ottawa is Canada. Therefore the laws should only represent Ontario. And the senate should not exist. Less government is better for us. Unfortunately these are the modern times, like anything goes. This is bad, evolution keeps happening. Non stop.


Ken Spragg, Fredericton
said
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I would be proud to see this bill passed and for our government, which is supposed to represent the interests and the conscience of the people, to domestically promote proper, honourable conduct by Canadian businesses abroad. And a lot of the opposition to it seems based on chauvinism and a sense of nationalistic entitlement, or the naive assumption that-- if this bill failed and we did leave enforcement solely to the other countries in question-- our badly-behaving companies wouldn't next lobby our government to politically defend their interests against foreign laws. Our conscience shouldn't stop at our borders.Just because a Canadian company operates in other countries-- even if those countries don't have policies or enforcement capacity we do-- doesn't mean they should have carte blanche to conduct themselves in ways that we wouldn't tolerate in our own back yards. And the argument that it would make us 'uncompetitive' is pretty shameless (or oblivious) in placing profit before ethics. How 'competitive' do you *want* us to be in ventures that see environmental malpractice as "the cost of doing business" and see harm to people as acceptable collateral damage? Personally I'd rather cede such a contest and retain my dignity, and I would hope that other Canadians-- proud, moral humanitarians that we claim to be-- would feel the same.


Joe C
said
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I don't think any of these posters read the actual article.This bill will not make it illegal for mines who are embarking on immoral practices to continue doing so. All it will do is disallow the government (i.e. your tax dollars and mine) from investing in it. They're not trying to introduce new laws in another land. It's as simple as that.If you want to invest in these companies with your own money, that's your prerogative. I would not invest with such a company given the choice.


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