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Share your views: Public consultations on measures to strengthen Canada’s import ban on all goods mined, manufactured, or produced wholly or in part, by forced labour

Purpose of consultation

• The Government of Canada is seeking stakeholder views on additional measures to strengthen Canada’s import ban on all goods mined, manufactured, or produced, wholly or in part, by forced labour. The import ban, as part of commitments made by Canada under the Canada-United States-Mexico Agreement (CUSMA), was implemented in July 2020.
• The information collected through this consultation will inform whole-of-government approaches and measures to enhance Canada’s regime to address compliance with international human and labour rights in supply chains, including the enforcement of Canada’s import ban.

Join in: How to participate

Submissions should include the following information:

• Company/organization/individual name, address, telephone number, and contact person.
• Views on the questions posed above, or additional relevant information.
• Indication of whether information provided is commercially sensitive.

Who is the focus of this consultation?

The Government of Canada invites any interested stakeholder to provide input, including from:

• the Canadian public
• industry associations
• Indigenous organizations
• labour unions
• small, medium, and large enterprises
• academics and experts
• civil society organizations
• provinces, territories, and municipalities
• other interested stakeholders

It is important to have a breadth and diversity of views represented through this consultation process.

Privacy notice

Please read the privacy notice statement carefully prior to sending a written submission.

Additional information

Participants are encouraged to review the background information to learn more about this consultation.

Canada is exploring the establishment of additional measures to strengthen the existing import prohibition on all goods mined, manufactured, or produced, wholly or in part, by forced labour. In this context, Canada is seeking the views of stakeholders on the potential benefits and risks of the following potential measures to change the current regime:

• 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 – as the overall ban and previous assessment processes would remain in place for those goods not on the public list.
• Changes to the 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.
• Creation of a streamlined mechanism to settling disagreements between importers and the Government on decisions that prevented the entry into the market of specific goods.
• A strengthening of the legislative and regulatory authorities regarding information collection/sharing, enforcement, and disposition, within North America.

Key questions for discussion

• What do you view as the most effective way to improve the current import ban? Which measures would you prioritize?
• Do you have suggestions for tools and sources of information to identify and address risks in supply chains, that could be utilized in the creation of a goods at-risk list?
• What negative effects do you anticipate on workers and industries should the government proceed with some of the measures to strengthen the ban? What are your suggestions to mitigate those risks?

Key considerations

In assessing any potential new measures, the Government of Canada will consider:

• that fair trade means the protection of international human and labour rights and creating a level playing field for Canadian business;
• the effectiveness of existing tools to prevent forced labour in supply chains to ensure compliance with CUSMA;
• consideration of stakeholder interests;
• the administrative burden and costs to stakeholders;
• the new legislative or fiscal measures required to implement the measures, if applicable;
• the technical feasibility of the measures;
• the expected effectiveness of the new approach;
• avoiding unintended barriers to trade;
• that Canadian values of protecting against violations of international human and labour rights are embodied within the measures;
• ensuring measures that meet the standards of transparency, procedural fairness, and due process; and
• compliance with Canada’s international trade obligations (e.g., WTO, CUSMA, CETA, CPTPP etc.) and other international commitments.

Related information

• Background information

Contact us

Trade Strategy and Economic Security Division
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125, Sussex Drive
Ottawa, Ontario, K1A 0G2
Email: import.consultations@international.gc.ca