CANADA Law and Practice Contributed by: Claudia Feldkamp and Chris Pigott, Fasken
tory civil liability regime for secondary market disclosures. Certain industry associations, such as the Min - ing Association of Canada, require members to report on their corporate social responsibility performance. 2.2.5 Indigenous Rights Legislation The Canadian Parliament passed the UN Dec - laration on the Rights of Indigenous Peoples (UNDRIP) Act in 2021, requiring government action to ensure laws are consistent with UNDRIP, to implement a plan to achieve UNDRIP’s objec - tives, and to report on progress. Further to this law, in 2023, the Canadian federal government launched the 2023–28 Action Plan (the “Action Plan” ) to implement UNDRIP. The Action Plan “outlines a whole government roadmap for advancing reconciliation with Indig- enous Peoples through a renewed, nation-to- nation, government-to-government, and Inuit- Crown relationship based on recognition of rights, respect, co-operation, and partnership as the foundation for transformative change” . The Action Plan is intended to be a living document that will continue to be developed in consultation with Inuit, Métis, and First Nations communities. In addition to the federal government, two other Canadian jurisdictions have passed UNDRIP legislation. In 2019, British Columbia became the first jurisdiction in the world to pass legisla - tion incorporating UNDRIP as law through the Declaration on the Rights of Indigenous Peoples Act (the “BC DRIPA” ). In 2023, the Northwest Territories enacted UNDRIP legislation with the United Nations Declaration on the Rights of Indigenous Peoples Implementation Act (the “NWT DRIPA” ).
All three pieces of legislation set out a process approach to developing laws and policies to give effect to UNDRIP principles in domestic law. Canada’s relationship with UNDRIP – specifi - cally, its effect on the interpretation of Canadian law – remains an evolving and complex issue. It looks set to continue to develop through legisla - tion and court cases across all Canadian federal, provincial and territorial jurisdictions. 2.2.6 Other UN Arms Trade Treaty Canada became a state party to the ATT after enacting legislation to amend the Export and Import Permits Act (SC 2018, c 26) to meet its ATT obligation. Canadian companies engaged in international trade in defence goods or defence technology, either directly or indirectly, are sub - ject to export controls to help protect against the serious adverse human rights impacts of illicit cross-border arms flows. A core component of Canada’s commitment under the ATT is to ensure export permits are not granted where there is “substantial risk” that granting the permit will contribute to, among other things: • a serious violation of international humanitar- ian law or international human rights law; • serious acts of gender-based violence; or • serious acts of violence against women and children. Where “substantial risk” of adverse human rights impacts cannot be mitigated, the Minister of For - eign Affairs must deny the permit application. Extractive Sector Transparency Measures Act In 2015, the Extractive Sector Transparency Measures Act (ESTMA) came into force, which creates a regime for mandatory reporting of cer -
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