The federal government has launched a public consultation on new measures to curb imports of goods made with forced labour. The move comes amid increased scrutiny of China’s use of forced labour involving persecuted groups.
International Trade Minister Mary Ng
announced the public consultation on Oct. 16, saying that it aims to strengthen the enforcement of the ban on importing forced labour goods in alignment with the Canada-United States-Mexico Agreement (CUSMA) and actions taken by allied countries.
During this public consultation, the government will seek feedback on improving enforcement of the import ban, according to a separate
release on Oct. 16. Proposed measures include publishing a list of items at risk of being made with forced labour, based on guidelines from the International Labour Organization (ILO). A “minimum traceability” process was also proposed, requiring importers of these items to provide more information about where their products come from.
Additionally, the proposed changes could affect how costs are handled. Importers of goods found to be made with forced labour would have to pay for all costs related to detention, removal, abandonment, and forfeiture. This would include transportation, storage, and disposal fees.
Citing an ILO
report on modern slavery, Ottawa
noted that an estimated 27.6 million people were subjected to forced labour worldwide in 2021, an increase of 3 million since 2016. Children represented about 12 percent of those affected, totalling 3.3 million.
Forced Labour in China
The announcement comes amid increased scrutiny of forced labour in China.
Last month, four U.S. lawmakers
urged Minister Ng and American and Mexican CUSMA trade representatives to bolster the enforcement of bans on forced labour goods from China. These lawmakers have been key proponents of the Uyghur Forced Labor Prevention Act, which aims to fight what they call China’s “
widespread and systemic use“ of forced labour to exploit Uyghurs and other Turkic Muslims in the Xinjiang region.
The U.S. lawmakers urged CUSMA members to take further action to prevent the import of goods made with forced labour into North America, expressing frustration that a shipment of solar panels, denied entry into the United States due to concerns about forced labour, was later imported into Canada and then attempted to be re-exported to the United States.
The issue has also been
studied in recent years in parliamentary committees in Canada, with human rights activists urging more action by Canadian lawmakers to curb China’s forced labour practices.
“The Subcommittee [on International Human Rights] was advised that Canada should adopt a ’reverse‑onus’ policy for companies importing products from Xinjiang, or other parts of China where forced labour is prominent. Such a policy would require importing companies to demonstrate that forced labour was not used in the manufacturing of their products,” reads a March 2021
report published by the subcommittee.
Since 2021, the Canada Border Services Agency (CBSA) has intercepted and assessed around 50 shipments of goods for suspected involvement with forced labour, according to an earlier statement to The Epoch Times. Six shipments were monitored for export out of the Canadian market, and one was abandoned by the importer at the border. The remaining shipments were allowed entry following a review of supply chain information provided by importers.
“The Government of Canada expects companies to take every step possible to ensure that their supply chains conform to Canadian law. It is the responsibility of the importer to exercise due diligence to ensure forced labour is not directly or indirectly used in the production of the goods it imports,” CBSA spokesperson Luke Reimer said on Sept. 26.
One
well-known case involved a shipment from China that was intercepted in Quebec in fall 2021, but it was ultimately allowed entry. Reimer said that this decision came after the importer requested a review of the tariff classification. Upon examining the submitted documents, it was determined that the goods did not meet the criteria for seizure related to forced labour.
Canada has
imposed an import ban on goods produced by forced labour since an
amendment to the Customs Tariff Act took effect on July 1, 2020. The following year, it also launched
an analysis of supply chain risks related to forced labour in China.
In January, a law aimed at fighting forced labour and child labour in supply chains
came into force. Previously known as
Bill S-211, this law requires the head of every government institution involved in producing, purchasing, or distributing goods in Canada or elsewhere to submit an annual report to the minister of public safety by May 31 each year.
