Guidelines for Denial of Rights claims under the Canada-Mexico Facility-Specific Rapid Response Labour Mechanism

Official Title: Guidelines for the claims with respect to an alleged Denial of Rights submitted to the Canadian Contact Point under the Canada-Mexico Facility-Specific Rapid Response Labour Mechanism set out in Annex 31-B of the Canada-United States-Mexico Agreement (“CUSMA” or “the Agreement”).

On this page:

• Background
• Definitions
• Eligible claims
• Technical requirements for claims
• When a claim is received
• When a claim is accepted for review
• Information to the public
• Contact us to get additional information or clarification

1. Background

These guidelines have been developed in accordance with the relevant provisions of the CUSMA. They describe the procedures and criteria to be followed by the Canadian National Administrative Office (NAO), for the submission, acceptance and review of claims with respect to an alleged Denial of Rights under Annex 31-B.

2. Definitions

For the purpose of these guidelines,

• the Canadian National Administrative Office (NAO) is the contact point, established under article 23.15 of the Agreement, responsible for the review of claims submitted under Annex 31-B of CUSMA
• a Submitter means a person (see definition below) who is submitting a claim to the Canadian NAO, pursuant to these guidelines
• a Person means a natural person who is:
  • a permanent resident of Canada, or
  • a citizen of Canada, or
  • an enterprise, or an organization of employers or workers that is established in the territory of Canada

3. Eligible Claims

Who may submit a claim

Claims with respect to an alleged Denial of Rights may be submitted by any person as defined in these guidelines.

Content of a claim

To be eligible for review, the claim must meet the requirements in paragraph 4 as well as the following:

• the claim identifies a Covered Facility
• the claim identifies Mexico’s laws relevant to the alleged Denial of Rights (meaning denial of the right to:  
  • freedom of association, or
  • collective bargaining, or
  • other rights pursuant to an expansion of claims under Article 31-B.12 of the Agreement)
• the claim states the basis for the submitter’s claim that there is a Denial of Rights
• the claim explains how the matters complained of may constitute a Denial of Rights by the facility, and
• the claim indicates whether relief has been sought under:
  • Mexican domestic laws, or
  • through collaborative efforts with the owner of the facility being complained against

4. Technical requirements for claims

Claims must:

• be signed and dated and include the name, title, address, telephone number, and email address, if available, of the submitter
• include paper or electronic versions of relevant supporting information available to the submitter including, to the extent possible, laws or regulations – or indicate publicly available electronic sources for such information
• be submitted electronically, by hand, or by mail to the Canadian NAO at the address shown below. Submissions received in hard copy must be accompanied by an electronic version in a current format, unless it is not practicable or for reasons of confidentiality, and
• be submitted in either English or French. Supporting documents may be submitted in Spanish, and accompanied by translation into one of Canada’s official languages, if requested by the Canadian NAO

The claim should also identify any confidential information included with the claim.

5. When a claim is received

• The Canadian NAO will promptly acknowledge receipt of the claim, and will inform Mexico within 5 business days of receipt that a claim has been received under this process.
• The Canadian NAO will, normally within 10 days of receipt of the claim, determine whether it meets the requirements set out in paragraph 3. During this time, the NAO may communicate with the submitter to request additional information or clarification or a translation of any supporting documents.
• If the claim is accepted for review, the Canadian NAO will provide written notification to the submitter.
• If the claim is declined, the Canadian NAO will provide written notification to the submitter, as well as the reasons for the decision.
• Submitters of a claim may re-submit or revise a communication in order to meet the guidelines, provided that it is accompanied by substantive written reasons, as well as any relevant new or additional information. If the claim is declined a second time, the NAO will provide a written response, including the reasons for the decision, to the submitter and no additional submissions of substantially the same claim will be accepted.

6. When a claim is accepted for review

The NAO will examine the claim and normally make a determination within 30 days from the date the claim was received of whether there is a good faith basis to believe that a Denial of Rights is occurring at the Covered Facility identified in the claim. This time period may be extended if circumstances warrant. If the NAO makes a determination that there is a good faith basis to believe that a Denial of Rights is occurring, it will  proceed to notify Mexico under Annex 31-B.4.2

7. Information to the public

The Canadian NAO will publish a list of claims accepted or declined for review and their status (if applicable).

Contact us to get additional information or clarification

National Administrative Office, Labour Program
Employment and Social Development Canada
Government of Canada
Phase II, Place du Portage, 165 Hôtel de Ville Street
Gatineau, QC K1A 0J2
Email: CNAO-BANC@hrsdc-rhdcc.gc.ca