Canada Opens Public Consultation on Strengthening Its Forced Labour Import Ban

On October 17, 2024, the Government of Canada opened a public consultation about proposed measures to strengthen the import ban on goods made with forced labour under article 23.6 of the Canada-US-Mexico Agreement (CUSMA). The current consultation is expected to remain open until November 15, 2024.

Key Questions for Discussion 

As part of this consultation, the Government of Canada is soliciting responses to the following three key questions:

1. What is the most effective way to improve the current import ban on goods made with forced labour? Which measures should be prioritized?
2. What tools and sources of information to identify and address risks in supply chains could be utilized in the creation of a public list of goods at risk for forced labour?
3. What negative effects on workers and industries might be anticipated should the government proceed with measures to strengthen the ban on the import of goods produced by forced labour? What might be done to mitigate those risks?

Measures Under Consideration 

Canada has been the subject of public criticism for a perceived lack of enforcement of existing measures prohibiting the importation of goods made using forced labour. In this context, Canada is seeking the views of stakeholders on the potential benefits and risks of the following possible measures:

• Publication of a list of specified goods at risk of forced labour informed by the International Labour Organization’s (ILO) forced labour indicators and definitions and supplemented by other sources of information
• Creation of a supply chain “minimum traceability” process in which importers of specified goods appearing on the above-cited public list would be required to provide documentation regarding the imported goods’ supply chain journey
  • This process would be an addition to the current import ban on goods made with forced labour. The overall ban and previous assessment processes would remain in place for those goods not on the public list
• A revised cost-recovery model, whereby the importer of goods deemed to be made by forced labour would be responsible for the payment of all costs associated with the detention, removal, abandonment and/or forfeiture, including any transport, storage and/or disposal fees resulting from the import of forced labour goods
• Creation of a streamlined mechanism for settling disagreements between importers and the Government on decisions that prevent entry into the market of specific goods
• A strengthening of the legislative and regulatory authorities regarding information collection/sharing, enforcement and disposition, including enhanced collaboration within North America

The new measures under consideration will have a wide-ranging impact on Canadian businesses and their global supply chains. If you are interested in participating and having a voice on how Canada approaches these potential new measures, submissions can be provided via the instructions on the Government of Canada’s consultation page.

For further information about any aspect of this bulletin, including potential submissions, please contact the authors of this bulletin or any other member of our International Trade group.