Bill C-251: proposed amendments to Canada’s anti-forced labour regime

Bill C-251 (the Bill)¹, a private member’s bill proposed by Member of Parliament Simon-Pierre Savard-Tremblay of the Bloc Québécois, seeks to expand Canada’s anti-forced labour and child labour legislative framework by amending the Customs Act² and the Customs Tariff³ to target goods mined, manufactured or produced wholly or in part by forced labour or child labour. The Bill proposed to introduce:

• a rebuttable presumption that goods from designated countries or listed entities were mined, manufactured or produced wholly or in part by forced labour or child labour, unless the importer demonstrates due diligence/compliance;
• a requirement for customs officers to detain goods from designated countries or listed entities until satisfied they are not prohibited under the amended regime; and
• powers to designate countries/areas and list entities for the purposes of this presumption.

Importers importing from designated countries/areas or listed entities would carry the burden of proving that their goods were not produced with forced or child labour, supported by additional documentation, traceability measures and supply chain certifications. The Bill mirrors a model adopted in some other jurisdictions, notably the U.S., where an importer-burdened approach is used to block goods derived from exploitative labour practices.

Will the Bill pass?

As a private member’s bill outside the Order of Precedence, the Bill’s prospects remain uncertain. That said, Bill S-211, the original bill that implemented Canada’s current forced labour framework, was a Senate bill that passed, in part, due to cross-partisan support for such initiatives. The Bill signals continued parliamentary interest in strengthening Canada’s anti-modern slavery framework, and companies with complex or international supply chains should continue monitoring for potential regulatory changes.

Committee review of Canada’s anti-forced labour regime

The House of Commons Standing Committee on International Trade will be conducting a review of Canada’s anti-forced labour regime. The review will include the existing legislation and enforcement practices, as well as proposals to amend the regime, including those proposed in Bill C-251. Interested parties may wish to make written submissions or appear before the committee to provide feedback.