Ban on Importing Goods Made with Forced Labour Act

This bill, known as the Ban on Importing Goods Made with Forced Labour Act, creates a new stand-alone law banning the importation into Canada of any goods made wholly or partly with forced labour. It replaces the current, narrower approach found in the Customs Tariff, which already blocked goods made with forced or child labour under a specific tariff code, by repealing that provision and setting up a dedicated system instead.

Under the new law, the Minister of Foreign Affairs can create and maintain a public list identifying specific producers, countries, or regions where there are reasonable grounds to suspect forced labour is used. Other government departments, including Public Safety, Labour, Transport, Agriculture, and Industry, can share information with the Minister to help build this list. Canada Border Services Agency officers will enforce the ban, and they gain authority to detain suspect goods for up to 90 days (or longer if regulations allow) while they determine whether the goods were produced using forced labour.

Importers bringing in goods that appear on the Minister's list must, if asked by a customs officer, provide required information proving the goods were not made with forced labour. If they fail to do so, the goods are automatically treated as banned. Anyone who imports goods in violation of the ban, along with the goods' owner, can be held jointly responsible for costs the government incurs in detaining, storing, transporting, or disposing of those goods. Decisions made under this Act are not subject to the usual customs appeal process but can still be challenged through judicial review in Federal Court. The bill also includes transitional rules for cases already in progress under the old system when this law takes effect, and two provisions dealing with importer information requirements will only come into force at a later date set by the government.

This bill prohibits the importation of goods produced wholly or in part by forced labour and creates enforcement, listing, and information-demand powers to carry that out.

• Import prohibition — Goods produced wholly or in part by forced labour are prohibited from importation, with the Customs Act applied (with modifications) to administer and enforce this.
• Listing power — The Minister of Foreign Affairs may, by regulation, establish a list of goods reasonably suspected of being produced by forced labour, specifying the producer, country, or region.
• Information-sharing — The Minister may exchange information with the Ministers of Public Safety, Labour, Transport, Agriculture and Agri-Food, and Industry, Canada Border Services Agency (CBSA) officers, and any other person prescribed by regulation, to build that list.
• Detention and determination powers — A CBSA-designated customs officer may determine whether imported goods were produced by forced labour and may detain goods for up to 90 days, or longer if set by regulation.
• Mandatory disclosure and deemed prohibition — Importers of listed goods must provide requested information to CBSA; failure to do so means the goods are automatically deemed prohibited, with no need for further proof.
• Liability and penalties — Importers and owners of goods imported in violation are jointly liable for costs of detention, storage, transport, or disposal, owed as a debt to His Majesty (the Crown), with no stated dollar ceiling.
• Restricted appeal rights — Determinations and decisions under this Act are not subject to appeal, review, or re-determination under the Customs Act; they are subject only to judicial review under the Federal Courts Act.
• Regulation-making left open — Most operational details — what information must be disclosed, timelines, procedures — are left to future regulations made by the Governor in Council (Cabinet), on recommendation of the Minister of Foreign Affairs or the Minister of Public Safety depending on the section.
• Delayed force — Sections requiring importers to provide information and deeming non-compliant goods prohibited (sections 8 and 9) only take effect on a date set later by order of the Governor in Council, not automatically on royal assent.