The federal government has introduced new legislation that places the burden on importers to demonstrate that their goods are not produced using forced labour, rather than on customs officials. Bill C-35, tabled on Friday, proposes that the Minister of Foreign Affairs establish a list of goods suspected of being made wholly or in part by forced labour.
Key Provisions of Bill C-35
The bill mandates the creation of a list of goods with reasonable grounds for suspicion of forced labour involvement. This list will be developed with input from ministerial colleagues and the Canada Border Services Agency (CBSA). Rob Oliphant, parliamentary secretary to the minister, stated that CBSA officers will use this list to target specific imports and follow up with importers regarding forced labour concerns.
Importers of listed goods will be required to provide evidence that their products were manufactured under fair labour standards. Oliphant emphasized that proactive due diligence by importers is expected to prevent illegal shipments.
Targeted Goods and International Context
Oliphant noted that past shipments intercepted or detained for suspected forced labour include solar panels, automotive parts, textiles, and frozen seafood. In 2024, U.S. senators, including now-Secretary of State Marco Rubio, urged Canada, Mexico, and the U.S. to combat trade in slave-made goods, particularly those linked to minority Uyghurs in China's Xinjiang region.
The parliamentary secretary said the legislation aims to create a level playing field for Canada, aligning with expectations from Mexico, the United States, and European partners. However, he clarified that the bill is not solely a response to recent U.S. tariff threats but addresses ongoing Canadian demands for stronger laws.
Enforcement and Resources
Under the current system, the CBSA bore the responsibility but lacked adequate resources. The government plans to add 1,000 new officers to enhance enforcement. Public consultations on Bill C-35 will take place over the summer.
