SoVote

Bill C-262

44th Parl. 1st Sess.

March 29, 2022

Bill C-262 is a law that requires businesses to have processes in place to prevent and address negative human rights impacts that occur in relation to their business activities conducted abroad. This means that companies will be held accountable for any harm caused to human rights outside of Canada as a result of their actions or the actions of their affiliates or business relationships. The law also emphasizes the importance of victims having access to a remedy for any harm suffered. Businesses are required to develop and implement due diligence procedures, monitor their effectiveness, and make annual public reports on their efforts. Individuals who have suffered harm as a result of a business's failure to comply with the law can bring legal action to seek compensation and other appropriate relief. The law does not prevent the government from prosecuting any criminal offenses committed by businesses.

Steelman Argument in Favor: One steelman argument in favor of Bill C-262 is that it establishes a clear legal framework for Canadian businesses to prevent, address, and remedy adverse impacts on human rights occurring in relation to their business activities conducted abroad. The preamble of the bill recognizes the realities of global supply chains and the potential negative impacts that Canadian businesses may have on human rights outside of Canada. By requiring businesses to establish processes and due diligence procedures, the bill aims to ensure that these businesses act responsibly and prevent any adverse impacts on human rights. The bill also emphasizes the right to a remedy, which is a core tenet of the international human rights system. It acknowledges that victims of human rights violations need access to an effective remedy, and that the current lack of accountability and recourse often fails to meet international standards

Steelman Argument Opposing Bill C-262: The enactment of Bill C-262, the Corporate Responsibility to Protect Human Rights Act, may have unintended consequences that outweigh its potential benefits. While the intention of the bill is to hold businesses accountable for preventing and addressing adverse impacts on human rights occurring abroad, the scope and requirements of the bill may place an undue burden on businesses and hinder their ability to operate effectively. One concern is the ambiguity and subjectivity surrounding the definition of "adverse impacts on human rights." Determining what constitutes an adverse impact and assigning responsibility is a complex task that requires careful consideration and expertise. The bill does not provide clear guidelines or criteria for businesses to follow, which could lead to inconsistent interpretations and enforcement. This lack of clarity may result in increased litigation as businesses and