Question Period Note: FORCED LABOUR (GLOBAL SUPPLY CHAINS)

What is the Labour Program doing to fulfill the Minister of Labour’s mandate letter commitment to lead the introduction of legislation to eradicate forced labour from Canadian supply chains and ensure that Canadian businesses operating abroad do not contribute to human rights abuses?

The Government of Canada is working to advance legislation to eradicate forced labour from Canadian supply chains and ensure that Canadian businesses operating abroad do not contribute to human rights abuses.

To that end, in March 2022, we published the Labour exploitation in global supply chains: What we heard report and invited stakeholders and the public to review the report and share feedback.The Government will continue to consider the results of these consultations and international best practices in order to develop a legislative framework that is appropriate for the Canadian context.

It is in this framework that the government supports the general intent of Bill S-211.

And while Bill S-211 establishes a solid foundation for supply chain legislation, we will be bringing forward amendments to strengthen and bolster the proposed legislation. More details on the proposed amendments will be available in the fall. 

Supply chain legislation is just one tool, among many, needed to address forced labour and other forms of exploitation. Work also continues on a number of other initiatives across the federal government to tackle the issue of labour exploitation in supply chains, such as:

the inclusion of comprehensive and enforceable provisions on forced labour and child labour in our free trade agreements;

the operationalisation of the importation ban on goods produced by forced labour;

the launch of a new Responsible Business Conduct Strategy; and,

a strengthened federal procurement contracting regime that establishes expectations for suppliers and sub contractors on upholding human rights.

We look forward to working closely with Parliamentarians, stakeholders and international partners to strengthen Canada’s approach and global efforts to eliminating forced labour. 

[Responsive on the importation ban on goods produced with forced labour:]

Forced labour is a complex problem that requires a lot of work on the part of governments and industry to address.

The Canada Border Services Agency, Employment and Social Development Canada and other relevant departments are continuing to work together on the effective operationalisation of the ban.

International and Domestic Efforts

Internationally, several governments have adopted or announced legislation to address labour and human rights abuses and violations in global supply chains. These include France, Australia, the United Kingdom, Germany, Norway, the Netherlands, and the European Union (EU).

Domestically, the government has committed to introducing supply chain legislation as reflected in the December 2021 mandate letter commitment of the Minister of Labour, together with Minister of Public Safety, Minister of Public Services and Procurement and Minister of International Trade, Export Promotion, Small Business and Economic Development.

This legislation will complement other ongoing initiatives across the federal government that are aimed at reducing exploitation in supply chains, including advancing operationalisation of the Customs Tariff import prohibition on goods produced by forced labour and the new Responsible Business Conduct Strategy.

Consultations

In October 2018, the House of Commons Subcommittee on International Human Rights published a report entitled A Call to Action: Ending the Use of all Forms of Child Labour in Supply Chains. In response to this report, the Government conducted public consultations in spring 2019 with a range of stakeholders on possible measures to address labour exploitation in supply chains.

While all stakeholders agreed that Canada should take further action to address this issue, there were differing views on how to do so. Civil society organizations and labour organizations strongly supported comprehensive due diligence legislation, while some industry organizations and businesses suggested that Canada continue to study and learn from other countries to address the root cause of labour exploitation and consider non-legislative measures.

In March 2022, the Government published a What We Heard Report on the 2019 consultations. Interested parties were invited to share further feedback on key elements of supply chain legislative models.

Submissions were received from 15 different organizations. In general, their views aligned with those previously expressed by stakeholders. For example, while civil society and labour organizations favoured comprehensive, mandatory human rights due diligence requirements, business representatives underscored their support for a reporting-based regime and highlighted the need for flexibilities, such as on implementation timelines.

Parliamentary Context

In Parliament, Senate Public Bill S-211 (Fighting Against Forced Labour and Child Labour in Supply Chains Act) and Private Member’s Bills C-243 (Ending the Use of Forced Labour and Child Labour in Supply Chains Act), C-262 (Corporate Responsibility to Protect Human Rights Act) and C-263 (Responsible Business Conduct Abroad Act) have been introduced to propose:

new measures to address exploitation in supply chains (Bills S-211 and C-243 are focussed on forced labour and child labour, and Bill C-262 proposes a broader human rights due diligence regime); and

the appointment of a Commissioner for Responsible Business Conduct Abroad to ensure entities comply with due diligence reporting obligations (Bill C-263).

The Bills are at varying stages of the legislative process:

Bill S-211, which was introduced by Senator Julie Miville-Dechêne, completed review in the Senate and completed Second Reading stage in the House of Commons on June 1, 2022. The Bill was referred to the Standing Committee on Foreign Affairs and International Development (FAAE) with unanimous consent.

Bill C-243, which was introduced by Liberal Member of Parliament (MP) Marcus Powlowski, completed first reading in the House on February 8, 2022. It is expected to begin second reading in fall 2022.

Bills C-262 and C-263, which were introduced by New Democratic Party MPs Peter Julian and Heather McPherson respectively, both completed first reading in the House on March 29, 2022.

Recent Media Coverage

As of June 2, 2022, press coverage following the vote to refer the Bill to committee for study included critique from certain stakeholders calling for obligations to identify and address forced and child labour in supply chains (often referred to as due diligence measures) rather than a reporting-based regime. Other stakeholders indicated that Bill S-211 remains an important step that could have a positive indirect impact by encouraging companies to have due diligence measures in place and discouraging the use of forced labour and child labour in their supply chains. A Globe and Mail article also included critique of the importation ban on goods produced by forced labour relative to the U.S. importation ban. It is important to note that the U.S. ban is structured differently.

Note: An article in La Presse identifies the Minister of Labour as the responsible authority for compliance and enforcement under Bill S-211, whereas the bill at present names the Minister of Public Safety and Emergency Preparedness.

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