Ryerson University

Toronto, Ontario

May 8, 2014

A Canadian Industry View on

Putting the Guiding Principles on Business and

Human Rights to Work

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ABOUT MAC

The national voice of the mining industry in Canada:

• Advocacy - to advance

the business of mining

• TSM Initiative –

stewardship and social

license

• 38 members in iron ore,

gold, diamonds, oil

sands, met-coal, base

metals, uranium

• 50+ members in

engineering,

environment, finance

• Members engaged in

exploration, mining,

smelting, semi-fabrication, supply

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Industry Impressions

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Below is a list of different organizations and businesses in Canada. For each one, please tell me if you have a very favourable, somewhat favourable, somewhat unfavourable, or very unfavourable impression.

12%

8%

12%

13%

17%

19%

23%

44%

49%

49%

54%

59%

59%

59%

31%

36%

28%

27%

20%

20%

16%

13%

7%

11%

5%

4%

3%

3%

0% 20% 40% 60% 80% 100%

Oil companies

Mining companies in other parts of the world

Pipeline companies

CDN mining companies in other parts of the world

Mining companies operating in Canada

Forest products companies

Canadian owned mining companies

Very favourable Somewhat favourable Somewhat unfavourable Very unfavourable

+8%

+6%

+11%

NA

+2%

+10%

+5%

% change

(Favourable)

Base n = 1,010

Who are communities of interest and what do

they expect?

Local communities

Respect

Inclusion in decision making

processes

Direct economic benefits

Protection of natural

resources (water)

Good practices with social

issues

Investors

Better anticipation and management of

risks

Enhanced ability to

address change

Enhanced operational efficiencies

Make a profit and return on

investment

Regulators

Fulfillment of regulatory

requirements

Fulfillment of permitting conditions

Robust social license to operate

Economic benefits (jobs,

taxes, royalties)

Civil society

Ethical conduct

Respect to human rights

and indigenous peoples rights

Environmental protection

Contribution to sustainable

development

General public

Ethical businesses

Contribution to the national and local economies

Employment

Mining is

destructive

Job

opportunities?

Respect?

Consultation and

inclusion?

Transparency?

Our Rights?

Better quality

of life?

Water

protection and

conservation?

Commitments

from the

company?

Contamination?

Sicknesses?

Mining brings

contamination

Look what

happens when

you allow

companies to

come to your

area.

Human rights

abuses

Communities

have the right to

say NO to

mining

Realities on the Ground?

Challenges:

Environmental

Social

Security

Other

Rights Based Discourse

Path Forward:

Resolution/ Mitigation/ Solution

Restoring Rights

How do communities and

companies effectively move

towards the path forward?

With meaningful engagement and action, can projects

advance directly from challenges to solutions?

How do conflicting rights get

prioritized and reconciled?

Who makes such determinations?

UN Guiding Principles on Business & Human Rights:

Operating Within a Rights Based Discourse

UN Guiding Principles on Business & Human Rights:

Operationalizing Respect Pillar

• Advancing practice requires understanding of how to operationalize and

measure action at the mine site level

• The mining industry is working on many fronts with many partners to

translate Respect pillar into demonstrable action at the mine site and

community level:

• Human rights risk assessment methodologies

• Human rights due diligence

• Stakeholder engagement practices

• Environmental standards

• Transparency of payments to governments

• Other

Site Local National International

Site-Level Community Response Mechanism

National mediation (non-judicial

National court (judicial)

Community dialogue (non-judicial)

Community dialogue (non-judicial)

Community mediation (non-judicial)

Community court (judicial)

Home country mediation e.g., CSR Counsellor (non-judicial)

International mediation e.g., OECD NCP (non-judicial)

Home country court (judicial)

Employee/labour relations (internal)

Ethics hotline (internal)

Whistleblower (internal)

UN Guiding Principles on Business & Human Rights:

Remedy – Spectrum of Mechanisms

Towards Sustainable Mining

Established in 2004, TSM’s main objective

is to enable mining companies to meet

society’s needs for minerals, metals and

energy products in the most socially,

economically and environmentally

responsible way. The program’s core

strengths are:

• Accountability – Mandatory for all

members to report at the facility level

• Transparency – Annual reporting

against 23 indicators with independent

verification

• Credibility – Includes ongoing

consultation with a national Community

of Interest Advisory panel to improve

industry performance and shape TSM

for continual advancement 9

Environmental Stewardship

Tailings Management

Biodiversity Conservation Management

Energy Efficiency

Energy Use & Greenhouse Gas Emissions Management

Communities and People

Aboriginal & Community Outreach

Safety & Heath Management

Crisis Management

Community of Interest Advisory Panel

Components of TSM: Focus Areas and Protocols

Public Reporting • Publication of results

• company specific

• aggregated for the membership as a

whole

• On website (www.mining.ca)

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Industry

Associations IGF Devonshire

Initiative

Government of

Canada (DFATD

& NRCan)

Civil Society

Organizations OECD

CIIEID Extractive Sector

CSR Counsellor Center for

Excellence

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FOR MORE INFORMATION

PLEASE CONTACT:

Ben Chalmers

Vice President, Sustainable

Development

bchalmers@mining.ca

www.mining.ca

Follow us on Twitter:

@theminingstory

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