August 25, 2003
Mr. Fraser Reilly-King
153 Chapel Street, Suite 104
Ottawa, ON K1N 1H5
Dear Mr. Reilly-King:
Further to my letter of August 1, 2003, and e-mail of August 8, 2003, thank you again for your correspondence of July 28th and the enclosed documentation.
In addressing your letter to me, as Compliance Officer for Export Development Canada (EDC), you noted that you wished to file a complaint under EDC’s compliance program resolution guidelines.
To clarify, I, as the Compliance Officer for EDC, have the following mandate:
(a) To address issues related to EDC’s Corporate Social Responsibility policies and initiatives with respect to (i) transparency and disclosure, (ii) environment risk review, (iii) human rights, and (iv) business ethics by assisting EDC in dealing with complaints related thereto initiated by third parties (which may include EDC customers, public interest organizations or other members of the public), and, where appropriate, taking steps to promote the settlement of these complaints, including promoting dialogue and making recommendations for dispute resolution, such as mediation, or recommending compliance audits;
(b) To provide advice to EDC regarding best in class practices focusing on, but not limited to, the above noted policies and procedures under them; and
(c) To oversee audits of the above noted policies and EDC’s performance in adhering to them.
The Compliance Officer shall investigate or make recommendations only in respect of complaints that relate directly to the issue of accountability under or compliance with any of the above noted policies or practices under them, and EDC’s performance in adhering to such practices and policies.
As you can see, my mandate is very specific. It relates to key policy commitments that EDC has made, namely, (i) transparency and disclosure, (ii) environment risk review, (iii) human rights, and (iv) business ethics. Information regarding these policies is found on EDC’s website. Allegations of non-compliance, complaints, or other concerns, must relate to these issues in order for them to come under the compliance program.
After conducting an initial appraisal of your concerns as set out in your correspondence, I find that they do come within the scope of my mandate in that they do relate to the issue of accountability under, or compliance with, the key policy commitments with which I am charged.
Therefore, this matter will continue to the next step in the compliance program process and a fact-finding exercise will be conducted. Relevant EDC personnel have been notified of the complaint and it has been registered.
For further information about my mandate, I invite you to review the Resolution respecting the establishment of the Compliance Officer position as approved by the Board of Directors, and other information found on EDC’s website regarding the compliance program, including the list of questions and answers, the process chart, and the Request for Review Form.
If you have further questions or concerns regarding EDC’s compliance program, please do not hesitate to contact me.
Alison C. Lawford, LL.B., LL.M.