Short Title Short title 1 This Act may be cited as the  Fighting Against Forced Labour and Child Labour in Supply Chains Act . Interpretation Definitions 2 The following definitions apply in this Act. child labour  means labour or services provided or offered to be provided by persons under the age of 18 years and that (a) are provided or offered to be provided in Canada under circumstances that are contrary to the laws applicable in Canada; (b) are provided or offered to be provided under circumstances that are mentally, physically, socially or morally dangerous to them; (c) interfere with their schooling by depriving them of the opportunity to attend school, obliging them to leave school prematurely or requiring them to attempt
to combine school attendance with excessively long and heavy work; or (d) constitute the worst forms of child labour as defined in article 3 of the Worst Forms of Child Labour Convention, 1999, adopted at Geneva on June 17, 1999. ( travail
des enfants ) entity  means a corporation or a trust, partnership or other unincorporated organization that (a) is listed on a stock exchange in Canada; (b) has a place of business in Canada, does business in
Canada or has assets in Canada and that, based on its
consolidated financial statements, meets at least two of the following conditions for at least one of its two
most recent financial years: (i) it has at least $20 million in assets, (ii) it has generated at least $40 million in revenue, and (iii) it employs an average of at least 250 employees; or (c) is prescribed by regulations. ( entité ) forced labour  means labour or service provided or offered to be provided by a person under circumstances that (a) could reasonably be expected to cause the person to believe their safety or the safety of a person known to them would be threatened if they failed to provide or offer to provide the labour or service; or (b) constitute forced or compulsory labour as defined in article 2 of the Forced Labour Convention, 1930, adopted in Geneva on June 28, 1930. ( travail forcé ) governing body  means the body or group of members of the entity with primary responsibility for the governance of the entity. ( corps dirigeant ) government institution  has the same meaning as in section 3 of the  Access to Information Act . ( institution fédérale ) head  has the same meaning as in section 3 of the  Access to Information Act . ( responsable d’institution fédérale ) Minister  means the Minister of Public Safety and Emergency Preparedness. ( ministre ) production of goods   includes the manufacturing, growing, extracting and processing of goods. ( production de marchandises ) Purpose of Act Purpose 3 The purpose of this Act is to implement Canada’s international commitment to contribute to the fight against forced labour and child labour through the imposition of reporting obligations on  (a) government institutions producing, purchasing or distributing goods in Canada or elsewhere; and (b) entities producing goods in Canada or elsewhere or in importing goods produced outside Canada. His Majesty Binding on His Majesty 4 This Act is binding on His Majesty in right of Canada
or a province. PART 1 Reporting Obligation — Government Institution Application Government institutions 5 This Part applies to any government institution producing, purchasing or distributing goods in Canada or elsewhere. Annual Report Annual report 6 (1) The head of every government institution must, on or before May 31 of each year, report to the Minister on the steps the government institution has taken during its previous financial year to prevent and reduce the risk that forced labour or child labour is used at any step of the production of goods produced, purchased or distributed by the government institution. Supplementary information (2) The report must also include the following information in respect of the government institution: (a) its structure, activities and supply chains; (b) its policies and due diligence processes in relation to forced labour and child labour; (c) the parts of its activities and supply chains that carry a risk of forced labour or child labour being used and the steps it has taken to assess and manage that risk; (d) any measures taken to remediate any forced labour or child labour;  (e) any measures taken to remediate the loss of income to the most vulnerable families that results from any measure taken to eliminate the use of forced labour or child labour in its activities and supply chains; (f) the training provided to employees on forced labour and child labour; and (g) how the government institution assesses its effectiveness in ensuring that forced labour and child labour are not being used in its activities and supply chains. Form and manner (3) The Minister may specify, in writing, the form and manner in which a report is to be provided. The requirements must be made available to the public in the manner that the Minister considers appropriate. Revised report 7 (1) The head of a government institution may provide the Minister with a revised version of the report provided under section 6. Content of revised report (2) The revised version of the report must, in addition to the information required under subsection 6(2), indicate the date of the revision and include a description of the changes made to the original report. Accessibility of report 8 The head of every government institution must, on providing the Minister with a report under section 6 or a revised report under section 7, make the report available to the public, including by publishing it in a prominent place on the government institution’s website. PART 2 Reporting Obligation — Entities Application Entities 9 This Part applies to any entity (a) producing, selling or distributing goods in Canada or elsewhere; (b) importing into Canada goods
produced outside
Canada; or (c) controlling an entity engaged in any activity described in paragraph (a)
or (b). Control 10 (1) For the purposes of this Part and subject to the regulations, an entity is controlled by another entity if it is directly or indirectly controlled by that other entity in any manner. Deemed control (2) An entity that controls another entity is deemed to
control any entity that is controlled or deemed to be controlled by the other entity. Annual Report Annual report 11 (1) Every entity must, on or before May 31 of each year, report to the Minister on the steps the entity has taken during its previous financial year to prevent and reduce the risk that forced labour or child labour is used at any step of the production of goods in Canada or elsewhere by the entity or of goods imported into Canada by the entity. Single or joint report (2) An entity may comply with subsection (1) either (a) by providing a report in respect of the entity; or (b) by being party to a joint report in respect of more than one entity. Supplementary information (3) The report must also include the following information in respect of each entity subject to the report: (a) its structure, activities and supply chains; (b) its policies and its due diligence processes in relation to forced labour and child labour; (c) the parts of its business and supply chains that carry a risk of forced labour or child labour being used and the steps it has taken to assess and manage that risk; (d) any measures taken to remediate any forced labour or child labour; (e) any measures taken to remediate the loss of income to the most vulnerable families that results from any measure taken to eliminate the use of forced labour or child labour in its activities and supply chains; (f) the training provided to employees on forced labour and child labour; and (g) how the entity assesses its effectiveness in ensuring that forced labour and child labour are not being used in its business and supply chains. Approval of report (4) The report must be approved,  (a) in the case of a report in respect of a single entity, by its governing body; or (b) in the case of a joint report, either (i) by the governing body of each entity included in the report, or (ii) by the governing body of the entity, if any, that controls each entity included in the report. Attestation of the report (5) The approval of the report must be evidenced by (a) a statement that sets out whether it was approved pursuant to paragraph (4)(a) or subparagraph (4)(b)(i) or (ii); and  (b) the signature of one or more members of the governing body of each entity that approved the report.  Form and manner (6) The Minister may specify, in writing, the form and manner in which a report is to be provided. The requirements must be made available to the public in the manner that the Minister considers appropriate. Revised report 12 (1) An entity may provide the Minister with a revised version of the report provided under section 11. Content of revised report (2) The revised version of the report must, in addition to the information required under subsection 11(3), indicate the date of the revision and include a description of the changes made to the original report. Approval and attestation (3) Subsections 11(4) and (5) apply in respect of a revised report. Accessibility of report 13 (1) An entity must, on providing the Minister with a report under section 11 or a revised report under section 12, make the report available to the public, including by publishing it in a prominent place on its website. Federal corporations (2) Any entity that is incorporated under the  Canada Business Corporations Act  or any other Act of Parliament must provide the report or revised report to each shareholder, along with its annual financial statements. Administration and
Enforcement Designation 14 The Minister may designate persons or classes of persons
for the purposes of the administration and enforcement
of this Part. Designated Person’s Powers Entry into a place 15 (1) A designated person may, for the purpose of
verifying compliance with this Part, enter any place where they have reasonable grounds to believe there
is anything to which this Part applies or any document relating
to the administration of this Part. Powers on entry (2) The designated person may, for the purpose referred
to in subsection (1), (a) examine anything in the place, including any document; (b) use any means of communication in the place, or cause it to be used; (c) use any computer system in the place — or cause it
to be used — to examine data contained in or available
to it, or reproduce the data — or cause it to be reproduced —
in the form of a printout or other intelligible output and remove any printout or output for examination
or copying; (d) prepare a document based on the data, or cause one to be prepared; (e) use any copying equipment in the place, or cause it to be used; (f) take photographs or make recordings or sketches
of anything in the place; (g) direct any person to put any equipment in the
place into operation or to cease operating it; (h) prohibit or limit access to all or part of the place or
to anything in the place; and (i) remove anything from the place for the purpose of
examination. Persons accompanying designated person (3) The designated person may be accompanied by any person whom the designated person believes is necessary to help them exercise
their powers or perform their duties or functions
 under  this section. Assistance (4) The owner or person in charge of the place and every
person in the place must give all assistance that is reasonably
required to enable the designated person to exercise
their powers or perform their duties or functions  under 
this section and is to provide any documents,  information  or access to any data that is reasonably required
for that purpose. Warrant to enter dwelling-house 16 (1) If the place referred to in subsection 11(1) is a
dwelling-house, the designated person may enter it without
the occupant’s consent only under the authority of a
warrant issued under subsection (2). Authority to issue warrant (2) On  ex parte  application, a justice of the peace may
issue a warrant authorizing the designated person to enter
a dwelling-house, subject to any conditions specified
in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection
15(1); (b) entry to the dwelling-house is necessary for a purpose
related to verifying compliance with this Part; and (c) entry was refused by the occupant or there are reasonable
grounds to believe that entry will be refused
by or that consent to entry cannot be obtained from the occupant. Obstruction 17 A person must not obstruct or hinder a designated person who is exercising powers or performing duties or functions
under this Part. Order — Corrective Measures Minister’s power 18 If, on the basis of information obtained under section
15, the Minister is of the opinion that an entity is not in
compliance with section 11 or 13, the Minister may, by order, require the entity to take any measures that the Minister
considers to be necessary to ensure compliance with
those provisions. Offences and Punishment Offence 19 (1) Every person or entity that fails to comply with
section 11 or 13, subsection 15(4) or an order made under
section 18, or that contravenes section 17, is guilty of an
offence punishable on summary conviction and liable to a fine of not more than $250,000. False or misleading statement or information (2) Every person or entity that knowingly makes any
false or misleading statement or knowingly provides false
or misleading information to the Minister or a person
designated under section 14 is guilty of an offence punishable on summary conviction and liable to a fine of not
more than $250,000. Liability of directors, officers, etc. 20 If a person or an entity commits an offence under this
Part, any director, officer or agent or mandatary of the
person or entity who directed, authorized, assented to, acquiesced in or participated in its commission is a party
to and guilty of the offence and liable on conviction to the
punishment provided for the offence, whether or not the
person or entity has been prosecuted or convicted. Offence by employee or agent or mandatary 21 In a prosecution for an offence under subsection
19(1), it is sufficient proof of the offence to establish that
it was committed by an employee or agent or mandatary
of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the  offence ,
unless the accused establishes that they exercised
due diligence to prevent its commission. PART 3 General Registry Electronic registry  22 (1) The Minister must maintain an electronic registry containing a copy of every report or revised report provided to the Minister under section 6, 7, 11 or 12. Accessibility of registry (2) The registry must be made available to the public on the Department of Public Safety and Emergency Preparedness website. Regulations Regulations 23 The Governor in Council may make regulations for
carrying out the purposes and provisions of this Act,  including 
regulations (a) prescribing other entities for the purpose of the
definition  entity ; (b) respecting the circumstances in which an entity is
controlled by another entity; and (c) prescribing anything that may, by this Act, be prescribed. Report to Parliament Annual report 24 (1) The Minister must cause to be tabled in each
House of Parliament, on or before September 30 of each year or, if a House is not then sitting, on any of the next
30 days on which that House is sitting, a report containing (a) a general summary of the activities of government institutions and entities that provided a report under this Act for their previous  financial  year that carry a risk of forced labour or child
labour being used; (b) the steps that government institutions and entities have taken to assess and manage that risk; (c) if applicable, measures
taken by government institutions and entities to remediate any forced labour or
child labour; (d) a copy of any order made pursuant to section 18; and (e) the particulars of any charge laid against a person or entity under section 19. Publication (2) The Minister must publish the report in a prominent
place on the Department of Public Safety and Emergency Preparedness website within 30 days after it is tabled in
both Houses of Parliament. Review of the Act Review by committee 25 (1) At the start of the fifth year after the day on which this section comes into force, a comprehensive  review  of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose. Report to Parliament (2) The committee referred to in subsection (1) must, within one year after the review is undertaken under that subsection, submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the Act that the committee recommends. PART 4 1997, c. 36 Customs Tariff 26 Subparagraph 132(1)(m)(i.1) of the  Customs Tariff  is replaced by the following: (i.1) amending that tariff item to exclude goods that are mined, manufactured or produced wholly or in part by  forced labour  or  child labour  as those terms are defined in section 2 of the  Fighting Against Forced Labour and Child Labour in Supply Chains Act , from that tariff item, or prescribing the conditions under which such goods may be excluded from that tariff item, 27 The reference to “Goods mined, manufactured or produced wholly or in part by forced labour” set out in the Description of Goods of tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following: Goods mined, manufactured or produced wholly or in part by forced labour or child labour as those terms are defined in section 2 of the  Fighting Against Forced Labour and Child Labour in Supply Chains Act ; PART 5 Coming into Force January 1 28 This Act comes into force on January 1 of the
year following the year in which it receives royal
assent.