Global Affairs Canada (GAC) recently published feedback from stakeholders on the regulatory approach under Bill C-35, An Act respecting the prohibition of the importation of goods produced by forced labour.
Input was received from a broad mix of participants representing a wide range of sectors including apparel and textiles, agri-food, pharmaceuticals and health products, mining and minerals, seafood, retail, freight and logistics, and financial services.
Key Takeaways from the Consultation Report
1. Evidence Standards and Listing Granularity
Stakeholders emphasized that listing decisions must rest on credible, corroborated evidence (such as intelligence agency findings, international reports, worker testimony, and scientific origin testing). Furthermore, participants strongly cautioned against overly broad commodity- or country-wide listings that penalize compliant operators, urging the government to tailor listings to specific entities, facilities, or supply chains unless systematic, state-imposed forced labour dictates a broader approach.
2. Importer Obligations and Supply Chain Realities
Industry participants highlighted the severe cost and complexity of mapping multi-tier supply chains (particularly in apparel, agriculture, mining, and technology). A recurring recommendation was that the framework should distinguish between the status of the goods and the conduct of the importer. Importers demonstrating good-faith due diligence and reasonable efforts should not be penalized solely for an inability to obtain proprietary upstream data controlled by distant suppliers.
3. Procedural Fairness, Review, and Remediation
Importers and legal experts called for clear administrative review processes, predictable service standards, and published timelines for detained goods. Significantly, stakeholders pushed for a clear mechanism allowing businesses to seek delisting through corrective action and remediation, rather than relying solely on proving the original listing was incorrect.
4. International Alignment and Interoperability
To minimize compliance burdens and prevent the diversion of non-compliant goods from the U.S. or EU markets into Canada, stakeholders strongly urged GAC and CBSA to align Canadian definitions, reporting templates, and data standards with key trading partners (such as the U.S. Uyghur Forced Labour Prevention Act enforcement and upcoming EU databases).
5. Preventing Unintended Consequences (“Cut and Run”)
Civil society and labour groups raised concerns regarding abrupt supplier termination (“cut-and-run”), which can lead to job losses and retaliation against vulnerable workers without resolving underlying labour issues. Participants encouraged frameworks that leverage commercial relationships to drive active remediation where feasible.
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