Canada introduces legislation to strengthen ban on goods produced with forced labor – JURIST

The Minister of Foreign Affairs of Canada, Anita Anand, announced the introduction of a new legislation in the federal parliament that would further strengthen the existing legal framework to prevent goods made with forced labor from entering the Canadian market.

Bill C-35, titled “An Act respecting the prohibition of the importation of goods produced by forced labour,” (the Act) would establish an independent legislative framework as opposed to the current import prohibition provision under the Customs Tariff that in turn would strengthen the existing forced labor import prohibition regime.

If enacted, the Act would also authorize the foreign minister to establish a list of high risk goods in respect of which “there are reasonable grounds to suspect that they are produced by forced labour.” The high-risk goods will be identified by region, entity, or individual. The Act would also require importers of the listed high-risk goods to provide the Canada Border Services Agency (CBSA) with “enhanced supply chain tracing information.” Failure to do so will trigger another provision of the Act whereby the goods of the importer identified as high-risk will be “deemed” as prohibited goods.

The Act would also authorize a customs officer designated by the CBSA president to detain imported goods up to 90 days “or for any longer prescribed period” from the first day on which the goods are detained to determine whether the goods are produced wholly or partly by forced labor. There are additional provisions in the act to improve coordination and information-sharing between federal agencies to support enforcement, and for the creation of a cost-recovery model where importers are found to have imported goods produced by forced labor.

Speaking in support of the legislation, Anand said:

Canada will not tolerate the presence of goods produced through forced labour in our markets. This legislation strengthens our commitment to human rights and fair, transparent trade by giving us stronger tools to stop these goods at the border and protect the integrity of our supply chains. It also supports vulnerable workers and aligns Canada with global efforts to eliminate forced labour from international trade.

Presently, Canada, US, and Mexico are the only countries that have a forced-labor import prohibition in place. Canada enacted the Supply Chains Act in 2024, which requires certain entities and federal institutions to submit annual reports detailing steps taken to prevent or reduce the risk of use of forced or child labor in their supply chains. With this new legislation, Canada hopes to compliment its efforts to address forced labor and promote transparency and accountability.

This bill is being introduced in the wake of ongoing forced labor concerns globally. Last month, Amnesty International released a report alleging that tea workers on private estates in Sri Lanka are being subjected to conditions that “may amount to forced labour,” and called on the government to launch immediate criminal investigations and targeted inspections. A current US federal lawsuit litigates forced labor claims from Filipino workers against US-based construction companies that oversaw FIFA World Cup stadium projects in Qatar. In March, the Taiwan Ministry of Labor enacted new guidelines to help businesses prevent forced labor in response to US trade enforcement actions and mounting international criticism of labor abuses against the country’s migrant workers. A 2024 ILO report revealed that forced labor in the private economy generates annual illegal profits of US $236 billion per year.