Canada’s new forced labour reporting Act
Canada's new forced labour reporting Act - KPMG Canada KPMG Newsroom
The Canadian Law and its Implications
The Canadian law is similar to the disclosure and transparency laws in California, United Kingdom, and Australia, which require businesses to prepare a Modern Slavery statement, disclosing the steps taken to assess and remediate modern slavery in their supply chains.
In contrast to the regulations of a number of European countries, the new Act does not require businesses to take active steps to prevent human rights violations (such as consultation, grievance mechanisms, or supervision). Nor does it create a civil cause of action by third parties for failing to take steps to address modern slavery.
The new Act has customs and trade implications. However, in contrast to legislation like the US Uyghur Forced Labour Prevention Act, the Act does not explicitly include a reverse onus, where companies’ goods are seized unless they took due care to prevent forced labor from goods produced in a certain region.
Customs and Trade Implications
The CBSA has not released its official policy on how businesses will need to demonstrate that imported goods are not made with forced or child labor. The CBSA currently has a specific tariff classification that can be applied to import goods to prohibit them from entering Canada based on the belief that they were made with forced or child labor, which may be used as an enforcement mechanism.
We anticipate that the CBSA will release guidance soon detailing the detention of goods suspected of forced or child labor.
Sustainable Development Goals (SDGs)
- Goal 8: Decent Work and Economic Growth
- Goal 10: Reduced Inequalities
- Goal 16: Peace, Justice, and Strong Institutions
Conclusion
The implementation of the Canadian law aligns with the Sustainable Development Goals (SDGs), particularly Goal 8, Goal 10, and Goal 16. It emphasizes the importance of transparency and disclosure in addressing modern slavery in supply chains. While the Act does not impose active prevention measures or civil cause of action, it contributes to the global efforts in combating modern slavery.
SDGs, Targets, and Indicators
1. Which SDGs are addressed or connected to the issues highlighted in the article?
- SDG 8: Decent Work and Economic Growth
- SDG 16: Peace, Justice, and Strong Institutions
The issues highlighted in the article are related to modern slavery, human rights violations, and trade implications, which are connected to SDG 8 and SDG 16.
2. What specific targets under those SDGs can be identified based on the article’s content?
- SDG 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor.
- SDG 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
The article highlights the need to address modern slavery and human rights violations, which aligns with the targets under SDG 8.7. Additionally, the mention of customs and trade implications relates to the need for promoting the rule of law and ensuring equal access to justice, as stated in SDG 16.3.
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
Yes, there are indicators mentioned in the article that can be used to measure progress towards the identified targets. However, the article does not provide specific quantitative indicators. Possible indicators could include:
- Number of businesses that prepare a Modern Slavery statement disclosing steps taken to assess and remediate modern slavery in their supply chains.
- Existence and effectiveness of consultation, grievance mechanisms, and supervision within businesses to prevent human rights violations.
- Number of civil causes of action filed by third parties for failing to take steps to address modern slavery.
- Extent of customs and trade implications related to forced labor and child labor.
- Guidance and policies released by the CBSA (Canada Border Services Agency) regarding the detention of goods suspected of forced or child labor.
SDGs, Targets, and Indicators
SDGs | Targets | Indicators |
---|---|---|
SDG 8: Decent Work and Economic Growth | Target 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor. | – Number of businesses that prepare a Modern Slavery statement disclosing steps taken to assess and remediate modern slavery in their supply chains. – Existence and effectiveness of consultation, grievance mechanisms, and supervision within businesses to prevent human rights violations. |
SDG 16: Peace, Justice, and Strong Institutions | Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. | – Number of civil causes of action filed by third parties for failing to take steps to address modern slavery. – Extent of customs and trade implications related to forced labor and child labor. – Guidance and policies released by the CBSA regarding the detention of goods suspected of forced or child labor. |
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Source: kpmg.com
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