Ban on Importing Goods Made with Forced Labour Act

Summary#

This bill would ban the import of goods made wholly or partly with forced labour, using the International Labour Organization’s definition. It gives the Minister of Foreign Affairs power to make, by regulation, a list of goods suspected of being made with forced labour, tied to specific producers and/or countries or regions. Canada Border Services Agency (CBSA) officers could detain and assess shipments and require information from importers of listed goods. The broad goal is to keep goods made with forced labour out of Canada and strengthen border enforcement.

Key changes:

• Makes it illegal to import any goods made in whole or in part with forced labour.
• Lets the Minister of Foreign Affairs create a list (by regulation) of goods suspected of being made with forced labour, identifying the producer and/or the country or region where they are made.
• Requires importers of listed goods to give specified information to CBSA when asked; if they do not, the goods are deemed prohibited from import.
• Authorizes CBSA officers to decide if goods are made with forced labour and to detain shipments up to 90 days (or longer if set by regulation).
• Treats violations as Customs Act violations for enforcement purposes; decisions under this Act cannot be appealed through normal Customs Act channels but can be challenged in Federal Court (judicial review).
• Amends the Customs Tariff by removing the prior tariff-schedule reference to goods made with forced or child labour; the new Act covers forced labour only.

What it means for you#

• Importers

  • You cannot import goods made with forced labour. CBSA can detain your shipment for up to 90 days while deciding.
  • If your goods appear on the Minister’s list (by product, named producer, or specified country/region), CBSA can require you to provide prescribed information. If you do not provide it as requested, the goods are automatically treated as prohibited.
  • You and the owner at the time of import can be billed for CBSA’s costs to detain, store, transport, or dispose of prohibited goods.
  • You cannot use the usual Customs Act appeal process to challenge decisions under this Act. Your option would be to seek judicial review in Federal Court.
  • If you have an ongoing case about prior CBSA determinations on forced or child labour under the tariff schedule: appeals already filed before the Act’s start can continue; otherwise, new Customs Act appeals are cut off. Judicial review remains available.
  • Practical steps likely include stronger supply-chain checks, recordkeeping, and readiness to respond quickly to CBSA information requests for listed goods.

• Manufacturers and foreign suppliers named on the list

  • Goods you produce that are on the list will face extra scrutiny at the Canadian border. Canadian buyers may demand more documentation or avoid sourcing from you if imports are at risk.

• Customs brokers and logistics firms

  • Expect more document requests and possible shipment holds for listed goods. Build in time and processes to handle CBSA inquiries.

• Governments and public bodies

  • The Act binds federal and provincial governments. Public entities must also comply when importing.

• Consumers

  • Some products could face delays or become unavailable if shipments are held or refused. This is not certain and would depend on how the law and list are applied.

• Timing

  • Some parts of the Act will start on a date set by the federal government by order. The exact dates are not provided here.

• What is unclear

  • The specific “prescribed information” importers must provide and the timelines will be set later by regulation.
  • How the Minister will select goods, producers, or regions for the list is not detailed here.
  • The bill removes the tariff-schedule reference to child labour but does not create a separate child-labour import ban in this Act. It is unclear from this material whether other laws will continue to address child-labour imports.

Expenses#

No publicly available information.

• CBSA may face added costs for investigations, detentions, storage, and disposal of goods; the Act allows recovery of certain costs from importers/owners of prohibited goods.
• The government will need to develop and maintain the Minister’s list and supporting regulations.
• Importers may face compliance costs to gather and provide documentation for listed goods and to address shipment delays.
• Enforcement actions would use existing Customs Act tools, which can include penalties.

Proponents' View#

• The bill appears intended to stop goods made with forced labour from entering Canada and to align with an international standard (ILO definition).
• Creating a list of high-risk goods, producers, or regions could help target enforcement where the risk is greatest.
• Allowing CBSA to detain shipments and require information should make border checks more effective.
• Treating violations as Customs Act matters may streamline enforcement by using established tools.
• Limiting appeals to judicial review could reduce delays and prevent drawn-out disputes that allow suspect goods to enter the market.

Opponents' View#

• One concern is due process: decisions cannot be appealed through the usual Customs Act routes, leaving only judicial review, which can be costly and complex.
• The “reasonable grounds to suspect” standard for listing goods, producers, or regions is not further defined here, which may raise questions about accuracy and fairness.
• Importers who fail to provide information on time may see goods deemed prohibited even if the goods were not made with forced labour, creating a high compliance burden.
• Detentions of up to 90 days (or longer by regulation) could disrupt supply chains and increase costs.
• The bill removes the tariff-schedule reference to child labour without creating a new child-labour import ban in this Act; the effect on child-labour-related import controls is unclear from the provided text.
• Key details will come later by regulation (what information is required, timelines, and possible additional persons who can share information), making it hard to assess full impacts now.