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”).

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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 initial review of claims with respect to an alleged Denial of Rights under Annex 31-B.

2. Definitions

For the purpose of these guidelines,

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 an initial review, the claim must meet the requirements in paragraph 4 as well as the following:

4. Technical requirements for claims

Claims must:

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

5. When a claim is received

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

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