March 26, 2021

Honourable Filomena Tassi Minister of Labour House of Commons Ottawa, ON K1A 0A6

Dear Minister Tassi,

I write to you on behalf of Above Ground, a human rights project that seeks to ensure companies based in Canada or supported by the Canadian state respect human rights wherever they operate.

We were very interested to learn of Canada’s adoption last July of a prohibition on the importation of goods made by forced labour, and we look forward to working alongside various civil society partners to promote awareness of this new provision and the need for a strong enforcement regime.

We would like to learn more about the government’s current enforcement plans. Please see our questions below. While some of these questions have been partially addressed in recent media coverage, we are requesting a written response from your office, given your oversight of the Employment and Social Development Canada (ESDC), to gain a more complete understanding.

On a few points, for instance regarding the complaints process, we have directed similar questions to the minister of Canada Border Services Agency (CBSA), as we are unsure if these matters fall under the responsibility of ESDC or the CBSA.

We would be grateful for a response to our questions by April 9, if possible. We trust you appreciate the urgent nature of this issue, given media investigations showing that Canada is importing a steady stream of goods from factories where people are reportedly forced to work under abusive and in some cases life- threateningly dangerous conditions.

Thank you for your time and attention to this matter.

Sincerely, Karen Hamilton

Questions regarding the Customs Tariff prohibition on the importation of goods produced wholly or in part by forced labour

1. The Toronto Star has reported that, to support the enforcement of the new legal provision, ESDC is “supposed to develop the criteria by which shipments can be stopped.” o Is this correct? o Is ESDC solely responsible for developing these criteria? o Has it begun developing these criteria? o When does it expect to have finalized the criteria? o Will the criteria be made public?

2. How many full-time equivalent staff have been designated within ESDC to carry out work supporting the enforcement of this provision?

3. The Toronto Star reports that ESDC may recommend “entities to the CBSA to apply the tariff,” and that ESDC “requires substantiated and corroborated evidence” before it will make such a recommendation. o What evidentiary standard will ESDC require in order to make a recommendation? o Will different measures be recommended depending on the strength of the evidence?

The U.S., for instance, allows for authorities to issue detention orders, blocking goods from entering U.S. commerce, when “information reasonably but not conclusively indicates” these goods were produced by forced labour. Conclusive evidence is required only for a “finding” to be made against a company. We would like to know of similarities or differences in the Canadian government’s approach.

4. Beyond targeting goods produced by a particular company, has the government decided whether the CBSA may block the import of certain types of goods produced in a particular region or country?

5. According to the Toronto Star, a spokesperson from your office reports that enforcement actions on shipments or supply chains are usually complaint driven. o Is it the government’s intention that enforcement of the prohibition on imports involving forced labour will be largely complaint driven? o Who may make such complaints, and how? Is this information publicly posted, or will it be, and where? o Have any such complaints been made to date?

6. The Toronto Star also reports that authorities have “proactively” begun an analysis of concerns related to Xinjiang.

o Is the government analyzing some, all, or any of the factories identified in the Australian Strategic Policy Institute’s March 2020 report as participants in China’s forced labour program targeting Xinjiang minorities? (Listed in full on pages 31-39 of the report.) o Is it examining some, all, or any of the manufacturers subject to U.S. detention orders or findings or placed on the U.S.’s Entity List due to their confirmed or suspected use of forced workers in or from Xinjiang?

Minister of Labour Ministre du Travail

Ottawa Canada K1A 0J2 2021-06-10

Ms. Karen Hamilton Program Officer Above Ground 100–280 Albert Street Ottawa ON K1P 5G8

Dear Ms. Hamilton:

I am responding to your correspondence of March 26 and April 6, 2021, regarding Canada’s actions on forced labour. I regret the delay in replying.

I appreciate the circumstances that prompted you to write, as well as your interest in Canada’s new prohibition on the importation of goods produced by forced labour. I value your dedication to this cause.

The is committed to tackling the issue of forced labour. Consequently, the Labour Program of Employment and Social Development Canada has been working with the Canada Border Services Agency (CBSA) to operationalize the forced labour ban. Many departmental officials are working on the issue of forced labour. These officials include a number of policy officers, policy analysts and senior managers.

The Labour Program’s role in operationalizing the ban focuses on reviewing import allegations, researching relevant facts and preparing reports signalling to the CBSA the likelihood that the goods were produced by forced labour. The CBSA may use this information to identify and intercept shipments containing these goods. The Labour Program and the CBSA, as well as a number of other federal departments, continue to collaborate to make the forced labour prohibition enforcement regime as effective as possible.

Any enforcement action against importing companies as a result of this research and analysis has serious consequences. As such, due diligence must be carried out by the Labour Program in all cases in order to provide solid legal grounds for any eventual CBSA enforcement action, which takes time. For example, in the United States, which

…/2

- 2 -

has had a system in place to ban the importation of goods produced through forced labour for nearly a century, an analysis and report of this nature typically takes about six months to complete.

To facilitate the collection and validation of information on alleged cases, the Labour Program is actively engaging with civil society organizations, like yours, as well as with actors on the ground that have credible knowledge of potential cases of forced labour. Canada also maintains an ongoing dialogue with the United States to learn from its approach to implementing the ban and possibly develop closer collaboration to identify goods made through forced labour.

In terms of research methodology, the International Labour Organization’s Indicators of Forced Labour (for example, debt bondage, excessive overtime, abusive working and living conditions, and retention of identity documents) can be considered as a reference to support the identification of forced labour practices in supply chains. Those indicators need to be substantiated with corroborated facts. The Labour Program considers a combination of facts and data, including publicly available documents, such as media publications, government and civil society organization reports, as well as testimonials and interviews. It is expected that the use of technology will bolster the research capacity, as well as the monitoring of suspected forced labour in global supply chains.

Although the approach to the ban’s implementation is largely responsive to allegations, the Labour Program may also proactively research potential violations to the import prohibition.

Persons seeking to report suspected cases of prohibited goods being imported to Canada, including those produced wholly or in part by forced labour, may contact the CBSA’s Border Watch line, by calling, toll-free, 1-888-502-9060. Questions pertaining to the applicability of the ban to regions or countries should also be directed to the CBSA, given its responsibility for the enforcement of the Customs Tariff.

Anyone wishing to share general information on forced labour or problematic global supply chains that can support the Labour Program in conducting its research and analysis can communicate with the Program by emailing EDSC.AIIT.TravailForce- [email protected]. More information on forced labour and the role of the Labour Program in supporting the ban’s operationalization can be found by visiting www.canada.ca/en/employment-social-development/services/labour- relations/international/support.html.

…/3

- 3 -

The Government is also taking measures to help eliminate exploitative labour conditions in global supply chains through trade agreements, including the Canada-United States-Mexico Agreement (CUSMA). Labour provisions of trade agreements include enforceable obligations to address child and forced labour. Sanctions or penalties could be imposed on trade partners who do not live up to these obligations. Capacity building projects that support partner countries in meeting their obligations can also contribute to addressing these issues. For example, CUSMA seeks to raise standards for workers in North America and to ensure the prohibition of the importation of goods produced by forced labour. The Government of Canada has committed to working closely with trade partners, including the United States and Mexico, to promote a fair, rules-based international trading system where products made with forced labor do not enter the trading system.

I hope that this information sheds some light on Canada’s new forced labour import prohibition and on the important work the Labour Program has been doing to support its operationalization.

Thank you for taking the time to write, and please accept my best wishes.

Yours sincerely,

The Honourable Filomena Tassi, P.C., M.P. Minister of Labour