The forthcoming Bill S-211, officially known as the Fighting Against Forced Labour and Child Labour in Supply Chains Act, is set to take effect in Canada in 2024. This legislation, primarily designed to require businesses to report on their efforts to combat forced and child labour, is designed to drastically impact the regulatory landscape around what is globally referred to as “modern slavery”.
As the provisions are outlined in an article by Stikeman Elliott LLP, we examine five points of interaction between this legislation and the broader Canadian legal context.
- To start with, similar legislation already exists in various parts of the world. These include the UK’s Modern Slavery Act 2015 and the California Transparency in Supply Chains Act. As global companies navigate the legal nuances of different jurisdictions, harmonizing due diligence and reporting requirements where possible could help reduce overhead costs.
- Secondly, the legislation outlines specific reporting requirements. All companies of a certain size will be obligated to prepare an annual modern slavery report, detailing their due diligence procedures to prevent forced and child labour in their supply chains.
- Non-compliance is addressed within the Bill. It is indicated that penalties will be imposed for non-compliance, highlighting the compulsory nature of this law.
- Fourth, the Act prompts Canadian businesses to be proactive about human rights considerations in their supply chains, even in their overseas dealings. This could have a significant impact on enterprises operating in jurisdictions where forced or child labour practices may be more prevalent.
- Finally, the legislation demonstrates the Canadian government’s commitment to addressing these issues. The enactment of this bill into law sends a clear signal to businesses that the state will not condone any form of forced labour or child labour.
In conclusion, the upcoming enforcement of Bill S-211 will add a new dimension to Canada’s regulatory framework. It demonstrates how serious the nation is in its fight against forced and child labour, adding new obligations for businesses operating within its borders, while reinforcing their commitment towards global human rights.