Canadian companies overseas

Smallc · November 22, 2014

I disagree. The law doesn't exist within countries, it exists beyond borders in real and practical terms now. Borders are being erased, and you can't do that in just one respect. When people, and laws mix, so will values and cultures.

That's really just a bunch of fluff. The only laws that exist in a country are those that the county allows.

Smallc · November 22, 2014

Unless it becomes our stupidity for allowing corrupt and indecent practices by CANADIAN companies to define Canada ... in over 100 countries worldwide.

That would be pretty stupid of us.

.

And you think that Canada has a bad name in all of these countries because of a few mines? Not quite.

Smallc · November 22, 2014

And the law does exist within our country.

It just doesn't get used!

"By contrast, a similar Canadian statute, the Corruption of Foreign Public Officials Act of 1998, is little known and seldom used."

.

Of course it does, because it can have business implications within Canada. That doesn't mean that it's our responsibility to clean up corruption in other systems. In many places, that's simply the cost of doing business.

jacee · November 22, 2014

75% of the worlds mining companies are headquartered in Canada.

...

Canadians dont own all of these mining companies but these organizations do plop their headquarters down here

what is it about this country that makes it such an industry haven?

...

Theres two sides to it, he said. One is that there is a concentration of expertise in mining finance and mining law, it does have a historical basis He is of course referring to the various Canadian gold rushes, the nickel deposits in Sudbury, coal in Cape Breton, etc. The other side is that Canada provides very

favourable conditions.

The listing requirements for the TSX are pretty

lax,

the disclosure requirements are pretty

lax,

you dont have to have Canadian directories or Canadian shareholders to be a Canadian company... and the

Canadian government doesnt ask too many questions

about whether youre paying your taxes in other jurisdictions (i.e. foreign countries where the mines are operating).

Edited November 22, 2014 by jacee

cybercoma · November 22, 2014

'The world' is where the environment lives, not in countries. The world is in our country now, too, with China. If we see these things as having national jurisdiction then we will get Chinese laws in Canada, as per FIPPA.

Yeah, but the Chinese don't have to abide by our laws. The government signed an agreement that says future governments have to give them whatever the hell they want.

Smallc · November 22, 2014

Yeah, but the Chinese don't have to abide by our laws. The government signed an agreement that says future governments have to give them whatever the hell they want.

That's not completely true. The thing about governments and the deals and laws they make....because of Section 1 of the Canadian Charter or Rights and Freedoms...they've got a lot of leeway.

cybercoma · November 22, 2014

Nothing is ever true if you're going to resort to invoking the notwithstanding clause.

Smallc · November 22, 2014

That's not Section 1. It's the reasonable limits clause.

cybercoma · November 22, 2014

That's my point. If you're going to resort to exemption clauses, nothing is ever true. The government can suspend all of our rights and do whatever it damn well pleases. Hell, at the end of the day, we're a monarchy. The Queen can do whatever the hell she wants. She can rip up the constitution if she so chooses.

Smallc · November 22, 2014

That's my point. If you're going to resort to exemption clauses, nothing is ever true. The government can suspend all of our rights and do whatever it damn well pleases. Hell, at the end of the day, we're a monarchy. The Queen can do whatever the hell she wants. She can rip up the constitution if she so chooses.

Well, not quite. The point was that the agreement with China is not the end of the world as many are making it out to be.

jacee · November 22, 2014

Drivel. Okay, pass your laws. Oh, gee, I think I'll move my mining company headquarters to Columbia. Now you can stick your laws.

I wonder why they don't do that?

.

Smallc · November 22, 2014

I wonder why they don't do that?

.

Because Canada is a better country from which to operate. Because Canada has historically been a place of mining and mining companies. Because Canada has a stable system. There are many positive reasons that far outweigh any of the negative, but, put too many restrictions and some of these companies will move.

jacee · November 22, 2014

Of course it does, because it can have business implications within Canada. That doesn't mean that it's our responsibility to clean up corruption in other systems. In many places, that's simply the cost of doing business.

canadas-foreign-anti-bribery-law/

Canadas foreign anti-bribery law, the Corruption of Foreign Public Officials Act(CFPOA), makes it a serious criminal offence for Canadians and Canadian companies to bribe foreign government officials. Canadian companies that operate abroad and foreign companies that employ Canadians need to be aware of this law.

The OECD Anti-Bribery Convention

The CFPOA implements the Organization for Economic Cooperation and Developments Convention on Combatting Bribery of Foreign Public Officials in International Business Transaction (OECD Anti-Bribery Convention) in Canada. The OECD Anti-Bribery Convention requires signatories to make it a criminal offence to pay bribes to officials of other states.

"Costs of doing business" instead now include negotiated agreements with affected communities - jobs, environmental protections, etc.

.

Edited November 22, 2014 by jacee

Smallc · November 22, 2014

As it should be. That said, it's difficult given the way you have to operate in other countries. Still, it wasn't only bribes that you were talking about. It's not Canada's job to police the lack of proper regulation in other countries.

jacee · November 23, 2014

As it should be. That said, it's difficult given the way you have to operate in other countries. Still, it wasn't only bribes that you were talking about. It's not Canada's job to police the lack of proper regulation in other countries.

It appears Canada has signed on for that:

"The OECD Anti-Bribery Convention requires signatories to make it a criminal offence to pay bribes to officials of other states."

Keepitsimple · November 23, 2014

It appears Canada has signed on for that:

"The OECD Anti-Bribery Convention requires signatories to make it a criminal offence to pay bribes to officials of other states."

And you're against the government on this?

Edited November 23, 2014 by Keepitsimple

jacee · November 23, 2014

And you're against the government on this?

? I'm for applying the law.

Smallc · November 23, 2014

The law can only be applied with proper proof so...

jacee · November 23, 2014

The law can only be applied with proper proof so...

the-crackdown/

After decades of turning a blind eye, The RCMP is going after companies that bribe foreigners. SNC-Lavalin was just the start. Dozens of firms are now waiting for the Mounties knock on the boardroom door

Thinkinoutsidethebox · November 23, 2014

As a parent I expect my children to behave themselves when they go over to their friends place to play.

Corporations are Canada's children and just like children will do whatever they can get away with, it's as simple as that.

If corporations headquartered in Canada go to other countries to operate they should operate in a responsible manner that benefits the local population and doesn't ruin the environment. If they go over there and wreck the place then they should be made to clean it up, the funds for this should come out of their own and related industries pockets (not ours). I bet the mining industry would be far more responsible if the industry as well as the immediate offender had to foot the bill to cleanup their messes.

This is complete BS, Canadian people go over to countries to save the poor and starving while Canadian companies go to countries to create poor and starving, are we really that stupid and near sighted here?

If companies can't meet these responsible commitments they should be welcome to leave, others will be happy to step in and take their place. Also I bet governments and people from other countries would be happy to have Canadian companies operating within their borders.

Thinkinoutsidethebox · November 23, 2014

This is absurd. If Home Depot or McDonalds or Coca-Cola does something that people may not like do they go running to the US government? No they do not. It's no different in Canada nor should it be.

Doing something people may not like and killing them are two totally different things. If my kid goes to your house and spills a juice you can deal with it, if he intentionally burns down your house you might want to come talk to me... Or not?

Smallc · November 23, 2014

the-crackdown/

After decades of turning a blind eye, The RCMP is going after companies that bribe foreigners. SNC-Lavalin was just the start. Dozens of firms are now waiting for the Mounties knock on the boardroom door

Obviously in that case there was proof.

Argus · November 23, 2014

75% of the worlds mining companies are headquartered in Canada.

From your own cite.

In 2013, Canadian-headquartered mining and exploration companies accounted for nearly 31% of global exploration expenditures

The listing requirements for the TSX are pretty lax, the disclosure requirements are pretty lax,

you dont have to have Canadian directories or Canadian shareholders to be a Canadian company... and the

Canadian government doesnt ask too many questions

Definitely an issue. It's one of the reasons the Tories have been trying to implement a national securities commission which can make national rules for stock exchanges. Unfortunately, your friend Kathleen Wynne has been adamantly opposed - no doubt on the advise of certain companies donating money to the Liberal Party of Ontario.

Corporations can't buy off federal politicians nearly as easily because it's illegal for them to make campaign contributions to federal parties, but they can sure do it to provincial parties. That's why they want no national securities commission. They have much more influence with the provincial ones.

Edited November 23, 2014 by Argus

Argus · November 23, 2014

As a parent I expect my children to behave themselves when they go over to their friends place to play.

Not analogous situations. Your children can't be spanked or grounded by other parents.

Other countries, on the other hand, are perfectly capable of disciplining these companies in any way they choose.

Michael Hardner · November 23, 2014

Yeah, but the Chinese don't have to abide by our laws. The government signed an agreement that says future governments have to give them whatever the hell they want.

That's not true. Keep in mind that these agreements have to work both ways, so to ensure fair rules for Canadian companies operating in China we have to provide something for Chinese companies operating in Canada. Read this:

http://wcel.org/resources/environmental-law-alert/canada-china-free-trade-agreement-not-end-environmental-law