Bill S-211

Fighting Against Forced Labour and Child Labour in Supply Chains Act

An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff

This enactment enacts the Fighting Against Forced Labour and Child Labour in Supply Chains Act , which imposes an obligation on certain government institutions and private-sector entities to report on the measures taken to prevent and reduce the risk that forced labour or child labour is used by them or in their supply chains. The Act provides for an inspection regime applicable to entities and gives the Minister the power to require an entity to provide certain information.
This enactment also amends the Customs Tariff to allow for aprohibition on the importation of goods manufactured or produced,in whole or in part, by forced labour or child labour as those terms are defined in the Fighting Against Forced Labour and Child Labour in Supply Chains Act .

[Andréanne Larouche, Bloc, Shefford, QC]

This is a non-partisan request. MPs from all parties, including our colleague John McKay, who is working on Bill S‑211, have called upon the Standing Committee on the Status of Women to take a position on this important issue.

The key here is to adopt a zero-tolerance approach. In Winnipeg, we signed a statement calling on the Government of Canada to adopt a zero-tolerance approach. The report will be an opportunity to discuss and debate this issue. What we want is an opportunity to propose it.

There is also the report of the Standing Committee on the Status of Women, and one can certainly complement the other. The goal is simply to add an opportunity to revisit the issue in the fall, in the House, in addition to tabling our report. Our goal is to provide additional ways of thinking about this issue.

[Andréanne Larouche, Bloc, Shefford, QC]

Thank you, Madam Chair.

You received by email a motion that I would like to propose to the committee today.

That it be reported to the House that the Standing Committee on the Status of Women recommends that, given:

a) human trafficking is a gross violation of human rights and dignity,

b) every iteration of human trafficking is a form of modern slavery including labour trafficking, sex trafficking, and forced marriage,

c) there is a horrific and primary impact on victims, many of whom are women and children,

d) human trafficking is one of the fastest growing crimes with International Labour Organization (ILO) estimates that there are 50 million people in modern slavery today, compared to 40 million in 2016; and

that the Government of Canada adopt a zero-tolerance approach to human trafficking in all its forms in Canada and globally.

Madam Chair, this request comes from the All-Party Parliamentary Group on Modern Slavery and Human Trafficking, of which I am a member. It is within the committee's mandate to examine this issue. A zero-tolerance policy is increasingly being discussed.

In April, I visited the Canadian Human Rights Museum, in Winnipeg, for two days of reflection on human trafficking and modern slavery.

I invite the committee to think about this. Bill S‑211 was adopted recently. It is a start, but we could do more. Our committee includes MPs from various parties, of course, and this is a non-partisan request. Its sole purpose is to send a strong message of zero tolerance.

[Fred Gaspar]

I suspect that these are two distinct but somewhat related issues. With regard to the Uyghur region, I suspect the issue relates more to forced labour and, as colleagues will know, the forced labour regime is administered through the customs tariff. To date, we have had no specific seizures of shipments that have been seized due to forced labour.

We have been working with our international partners, including the United States, to be able to identify risks of forced labour shipments in entry. We did have one last summer that was identified and suspected of forced labour, but ultimately the importer was able to provide evidence to suggest that the seizure was not warranted.

We also work closely with Public Safety colleagues and colleagues across government departments towards the implementation of Bill S-211 in order to ensure that we continue to strengthen the forced labour regime and the child labour prohibition. Prison labour as well—

Similarities Between Bill C-243 and Bill S-211

[The Deputy Speaker, Conservative, Chris d'Entremont]

The Chair would like to make a statement regarding the status of Bill C-243, an act respecting the elimination of the use of forced labour and child labour in supply chains, standing in the name of the member for Thunder Bay—Rainy River.

On June 6, 2022, the Chair advised the House of similarities between Bill C-243 and Bill S-211, an act to enact the fighting against forced labour and child labour in supply chains act and to amend the Customs Tariff.

Both bills have the same objective. They seek to require certain entities to report on measures they take to prevent, and reduce, the risk of using forced labour and child labour in the production of goods and in supply chains.

A long-standing practice prohibits the House from deciding the same question twice during a session. As a result, the Chair ordered that the status of Bill C-243 remain pending pursuant to Standing Order 94(1) and that it not be considered until proceedings on Bill S-211 have concluded.

Bill S-211 was adopted by this House on May 3, 2023. The bill subsequently received royal assent yesterday, May 10, 2023.

Accordingly, the Chair is ordering that Bill C-243 be dropped from the Order Paper.

I thank all members for their attention.

[The Deputy Speaker, Conservative, Chris d'Entremont]

Order, please. I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

May 10, 2023

Mr. Speaker,

I have the honour to inform you that the Right Honourable Mary May Simon, Governor General of Canada, signified royal assent by written declaration to the bills listed in the schedule to this letter on the 10th day of May, 2023, at 4:59 p.m.

Yours sincerely,

Maia Welbourne

Assistant Secretary to the Governor General

The schedule indicates that the bills assented to on Wednesday, May 10, 2023, were Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff—Chapter No. 9, 2023; Bill S-227, An Act to establish Food Day in Canada—Chapter No. 10, 2023; and Bill C-46, An Act to amend the Federal-Provincial Fiscal Arrangements Act and the Income Tax Act—Chapter No. 11, 2023.

[Dr. Ari Van Assche, Full Professor, HEC Montréal, As an Individual]

Good evening Mr. Chair and committee members. It's a pleasure to participate in this meeting, and I would like to thank you for inviting me.

I'll be speaking here as an academic, and not as an investor.

My opening remarks will draw on my research on extended supply chain responsibility, which studies the efforts by governments and other stakeholders to increase the responsibility of lead firms for corporate misconduct that occurs in their global supply chains.

The central point I will make is that ending forced labour in global supply chains requires Canadian and Chinese companies to develop sophisticated new organizational capabilities that they currently lack. Creating these capabilities requires important structural changes that should not be ignored in the debates on extended supply chain responsibility policies. It also has implications for our discussions on the investments.

Forced labour continues to be an endemic issue in global supply chains. The committee has already heard testimony that large amounts of goods sold on Canadian markets are made with forced labour originating in, among other places, China’s Xinjiang Uyghur Autonomous Region. You have also heard testimony about the investment of Canadian pension funds in Chinese companies that have been blacklisted by the United States for their complicity in human rights violations.

Recognizing these concerns, the Canadian government has followed the leads of several other western countries and introduced legal frameworks designed to encourage corporations to take responsibility for tackling forced labour in global supply chains and even holding them legally liable for human rights violations.

This includes Bill S-211, which was passed last week. It requires companies to report on the policies they've implemented to reduce the risks of forced and child labour in the supply chains of Canadian firms. Currently there are other bills under discussion that would require companies to adopt mandatory corporate sustainability due diligence.

The young age of these extended supply chain responsibility policies in Canada and elsewhere implies that we still have limited information about their effectiveness. My own research on private governance programs suggests policies that impose a high supply chain liability on Canadian companies will compel critical structural changes in their supply chain models that are costly and require time to be developed.

Academic research on voluntary private governance programs highlights that it is difficult for well-intended companies to rule out labour violations throughout their global supply chains. In private governance programs, lead firms—big firms—generally impose supplier codes of conduct on their tier 1 suppliers that identify the ESG standards to which they need to adhere and explain the penalty for non-compliance. They next use social auditing to verify suppliers’ compliance to these standards and impose penalties if violations are uncovered. To ensure the standards cascade down to lower-tier suppliers, lead firms require their tier 1 suppliers to use the same private governance mechanisms on lower-tier suppliers, and this goes on and on.

Evidence shows that private governance programs work relatively well for detecting and dealing with labour violations among tier 1 suppliers with whom lead firms have long-standing contractual relationships. However, they fail to make a real change among lower-tier suppliers with whom lead firms have no direct contractual relation; these are often difficult to monitor by lead firms and sometimes even unknown to lead firms. It is unfortunately in these lower tiers of global supply chains that most human rights abuses happen.

Developing lead-firm interventions that can prevent labour violations in lower-tier suppliers is complicated and remains under-studied. However, what is known is that it requires lead firms to develop new capabilities that enable them to improve transparency, traceability, inclusiveness and, ultimately, control throughout global supply chains. This includes the development of supply chain mapping capabilities to improve their awareness of who is involved in their supply chains and where labour violations are most likely to sprout. It also includes the capability of supporting tier 1 suppliers to improve their monitoring of labour conditions among sub-suppliers and acting upon violations.

It also includes a capability of building new partnerships with NGOs and competitors to develop best practices on detecting and tackling forced labour—

The House resumed from April 26 consideration of the motion that Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff, be read the third time and passed.

Fighting Against Forced Labour and Child Labour in Supply Chains Act

[John McKay, Liberal, Scarborough—Guildwood, ON]

Madam Speaker, I want to thank colleagues for participating in this debate. I am probably a bit more enthusiastic about some colleagues than others. Nevertheless, I thank them.

This is close to the end of a four-year journey for us. We have introduced this bill a couple of times. However, for World Vision, it has been a 10-year journey. I want to commend the work of Martin Fischer, Michael Messenger and Matthew Musgrave for their tireless work over the last 10 years to get this legislation to where it is today.

I also want to recognize my staff, Shawn Boyle; my colleague in the Senate, Senator Julie Miville-Dechêne; and her staff, Jérôme Lussier.

Yesterday, Stop the Traffik, a world-leading, U.K.-based anti-trafficking organization had a press release that began, “The Canadian Parliament Debate World-Leading Bill.” I will repeat that for my colleagues who seem to be a little skeptical. It said, “world-leading bill”.

The press release continues on the “supply chain transparency and the application of company law and then introduced the concept of governing body signing off on the modern slavery statement, to make the law more meaningful by triggering Director duties and other elements of the legal system.” I will note that it is not just anybody signing off on any statement anytime, anyplace.

It continues, “Canada is now proposing to take this legislative approach much further and to add serious penalties – including fines and direct criminal liability for noncompliance.” Those people, who are knowledgeable and working abroad, have noticed the work of Canadians working here at home.

Border controls have been tried with not a lot of success. Trade treaties, again, were tried with not a heck of a lot of success. Criminal prosecutions are spotty. ESG and social responsibility efforts are good and are to be encouraged, but again, they are non-enforceable and somewhat sporadic. We are not debating a phantom bill such as my colleagues in the NDP want to debate. Bill C-262 has little or no chance of getting on the floor. What is on the floor is Bill S-211, and Bill S-211 is a transparency bill which, over time, has morphed into more of a due-diligence bill with due-diligence characteristics.

I want to remind colleagues that Bill S-211 carries fines, and not insignificant fines. The bill would entitle the minister to search and seize computers and other records, entitle the minister to a warrant, create indirect criminal liability for non-compliance and false statements, and have financial consequences for failure to file a report. To be truthful, these have consequences, financial and regulatory, which some of my hon. colleagues may not fully appreciate. The bill would also give the minister the ability to draft regulations that may over time become tougher each year.

I sincerely want to acknowledge the work of the Minister of Labour and his commitment in budget 2023 to introduce legislation in 2024 that would eradicate forced labour from Canadian supply chains and to strengthen the ban on goods produced using forced labour.

I am not pretending that Bill S-211 is the final step. It is a first step, and the first step actually puts us at the head of all nations who have legislation such as this. I encourage my colleagues to vote in favour of the bill, as it is a useful way to move us from laggard to leader.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, I am very pleased to be one of the last people to speak to this bill. My colleague opposite and I worked together on the Standing Committee on Public Safety and National Security when he was chair, and I know that he worked hard on this. I therefore commend him for his work. I also want to commend Senator Miville‑Dechêne for her work.

I know that almost everything has already been said about this bill in the House, but I think it is important to put things into context. In order to do so, I referenced the open letter that Senator Miville‑Dechêne wrote in La Presse last November. The letter had to do with a subject or a reality that we know very little about or that we are aware of but would prefer to cravenly ignore. I am talking about forced labour and child labour.

Like many of my colleagues mentioned, these types of labour help provide consumers in wealthy countries like Canada with all sorts of products at low prices. This is not a new concept. The International Labour Organization's Forced Labour Convention defines forced labour as “all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily”.

The International Labour Organization estimates that in 2019, 25 million children and adults were in forced labour. World Vision Canada estimates that Canadian imports worth $43 billion may have been produced through the work of children and forced labour in 2020. That is nearly 7% of Canadian imports that come from forced labour.

It is likely that the pandemic brought this sad phenomenon into sharper focus. The race to procure personal protective equipment exacerbated the exploitation of the most vulnerable. For example, in October 2021, the United States seized at its border a shipment of medical gloves from a Malaysian company alleged to rely on forced labour. It was the fourth Malaysian business to be hit with this type of sanction in 15 months alone.

Our own country bought and used millions of gloves from two of these tainted suppliers, even though a law has been in place for more than a year at the border to ban the entry of such shipments. As you can see, this is not enough to prevent the phenomenon from spreading to our borders.

This forced labour or child labour—which is sometimes referred to as modern slavery—has infiltrated our everyday consumption for a very long time, especially in the western world. Unfortunately, on this issue, Canada has just sat idly by, unlike many European parliaments. The UK, France and Germany have already passed laws that require companies to investigate and report on the risks of forced labour in their supply chains.

While reading up on the topic yesterday, I came across a news report on Radio-Canada's RAD platform about fast fashion. It is a phenomenon that led to the 2013 factory collapse in Bangladesh that killed over 1,000 people. Ten years later, there are questions about whether working conditions in the textile industry have improved. This is an industry that produces clothes that we wear here—brands like Mango and Joe Fresh. The answer, unfortunately, is quite definite. The rights of the workers in this industry are still being violated and their working conditions are still poor. People even said they had concerns about their health.

As long as we do not change our economic model, then forced labour is here to stay. What is being done to prevent this, to ensure that Canada is not contributing to forced labour? We need to require companies to be more transparent about their practices in order to eradicate the risks of forced labour and child labour in their supply chains. That is a good place to start.

Is that enough? Unfortunately, the answer is no. That is where we see that Bill S‑211, although it is a very good bill, may not go far enough. I was given a comparative chart on the difference between Bill S‑211 and Bill C‑262. My colleague from Saint-Hyacinthe—Bagot spoke earlier to Bill C‑262, which he co-sponsored.

When we ask the basic question of whether the bill ensures respect for human rights, the chart tells us that for Bill S‑211, the answer is no. That is because the entire responsibility for reporting and investigating is placed on the companies, but they are not asked to take action.

Conversely, Bill C‑262 “recognizes that companies have a responsibility to respect human rights, and must proactively take steps to prevent human rights violations throughout their supply chains and global operations.”

When we ask ourselves this basic question, we already know that if we have to choose one of these bills, we will choose the more binding bill.

We voted in favour of Bill S‑211 at second reading because, as I mentioned, it would require Canadian companies to be more transparent about the measures they are taking to prevent and reduce the risk that forced labour or child labour is used in their supply chains.

This is a very good thing, but the question is and remains: Can we go even further? The answer is yes. In reading about the subject, I learned that although the United States sometimes lags behind Canada, in this particular area, it is quite the opposite. The rules that apply at the borders are more restrictive in the United States. We would do well to emulate that country or to draw inspiration from it.

[Terry Sheehan, Liberal, Parliamentary Secretary to the Minister of Labour]

Madam Speaker, first I would like to acknowledge that this debate is taking place on the traditional territory of the Algonquin people.

I want to begin by stating that the government will be supporting the bill.

The Minister of Labour has a mandate to introduce government legislation that will eradicate forced labour in our supply chains. This was also part of a platform promise in our last election. In budget 2023, we committed to introducing that legislation by the end of next year. The government's priority is to pass the most effective legislation possible. Bill S-211 represents an important first step, and through government legislation, we will seek not only to improve upon it, but to go further.

How prevalent is this problem? The latest numbers from the International Labour Organization estimate that there are over 27 million victims of forced labour worldwide. This number has increased by 2.7 million people since 2016, in part due to the effects of the COVID-19 pandemic, and we have strong indication that this number still likely underestimates the pandemic's full effects on forced labour. In addition, global estimates indicate that at the beginning of 2020 there were approximately 160 million children who were victims of child labour, including forced child labour, and this number, too, is expected to rise, given increased poverty driven by the pandemic.

These types of practices are deplorable, and our government strongly condemns the use of forced labour and all forms of exploitation in the production of goods.

This issue has garnered attention on a global scale. In fact, many countries have introduced or announced measures to address labour exploitation in supply chains, including different forms of supply chain legislation. Others have import prohibitions on goods produced using forced labour, such as the U.S., Canada and, soon, Mexico. The European Union is considering a regulatory proposal on prohibiting forced labour goods from its market as well.

Fighting forced labour and child labour is a complex problem that demands a comprehensive solution. Supply chains are becoming increasingly multi-faceted, with multiple tiers that could involve a parent company, a subsidiary company, suppliers and subcontractors spread across the world. This makes it difficult to pinpoint at which stage forced labour, child labour or other forms of exploitation may occur.

Despite this, our government is taking action. Over the past few years, the government has introduced a number of initiatives to help tackle labour exploitation in global supply chains. For example, when it comes to negotiating trade agreements with other countries, we include comprehensive and enforceable labour provisions to protect workers, and we help uphold those protections, including by providing assistance to partner countries in meeting these obligations. For example, we are providing funding through World Vision Canada to increase protections against child and forced labour in several agricultural sectors in Mexico.

In addition, in July 2020, we included a ban in the Customs Tariff to prohibit the importation into Canada of goods that are mined, manufactured or produced by forced labour. This is a relatively novel mechanism to address the issue, with the United States being the only other country with such a ban in place, which has evolved over the last 90 years. Departments are in regular contact with American counterparts to learn from the expertise they have built up over decades.

We have also taken steps toward strengthening federal procurement. Its entire contracting regime has changed, including updating the government's code of conduct for procurement to include clear expectations for suppliers and their subcontractors when it comes to human and labour rights.

In 2022, our government introduced a new responsible business conduct strategy. The strategy focuses on ways to build awareness and increase company-led due diligence and accountability. We know that government action alone is not enough. We need all hands on deck: government, industry and civil society.

As I have mentioned, the COVID-19 pandemic has widened social inequalities and increased the risk of fundamental labour and other human rights violations for the most vulnerable around the world. If we want to make Canadian supply chains more resilient and sustainable for years to come, we must eliminate forced labour and employ a range of measures to address exploitation in supply chains.

This is a priority for the government and a key mandate commitment for the Minister of Labour and the Minister of Public Safety, as well as the Minister of Public Services and Procurement and the Minister of International Trade, Export Promotion, Small Business and Economic Development.

While labour exploitation is a global problem, we must also take an approach that fits the Canadian context. In 2019, the government held extensive consultations on this issue with more than 55 stakeholders in Ottawa, Toronto and Vancouver. We also held online consultations and garnered more than 100 responses.

Last spring, the Government of Canada released a report entitled, “Labour Exploitation in Global Supply Chains: What We Heard Report”. This report captures everything our stakeholders shared through those consultations. They told us loud and clear that labour exploitation, including forced labour, is unacceptable and that the Government of Canada should take further action to address it.

Since then, our government has continued to engage with numerous stakeholders on the issue of forced labour in supply chains, including civil society organizations, advocacy groups, industry, foreign governments and international organizations. In recognition of what we heard from stakeholders and international developments on this issue, we have been gathering information on global best practices from international partners and organizations, including further input received from stakeholders on key elements that often form part of supply chain legislation.

These include the scope of potential legislation, the type of requirements that should be imposed on businesses, the entities that should be captured by the legislation and other potential flexibilities that could be considered, the approach to enforcement and governance, as well as non-legislative tools and other measures that are needed to support entities in meeting their obligations under supply chain legislation.

There is no doubt that the sponsor of this bill has done a tremendous amount of work and has worked on this for many years. Many members from many parties have also undertaken this work. I also want to thank those in the other place for the work they have done, including the other sponsor of this bill. This is an extremely important issue, and for that we continue to applaud the tireless efforts of our esteemed colleagues.

We must act, but also, as has been said in this chamber, legislation cannot just be words on paper. The legislative framework needs to be on strong legal and operational footings.

It should be in line with the latest approaches being undertaken by like-minded countries, with whom we must collaborate to end this scourge. We need to equip businesses and other regulated parties to comply, and ensure that expertise and capacity exist for the regulator to monitor and enforce, so the legislation has the desired impact, and so it is a strong legislative framework that will be effectively enforced.

Ultimately, while this is a complex endeavour, we are committed to doing this work, and we will get it done. In closing, I want to once more make it clear that forced labour is unacceptable in Canada or any place in this world. This bill represents an important first step, but it will not be the last one.

Working with parliamentarians, industry and civil society, the government has committed to developing and introducing legislation that will go further. Everyone has the same goal here, which is eradicating forced labour from Canada's supply chains.

The Government of Canada is committed to that work, and to employing a range of measures so that Canadian businesses do not contribute to this or other forms of human rights abuses.

We will do everything in our power to ensure that goods coming into the country, our stores and our homes, and that the practices companies are engaging in abroad, are free from the stain of forced labour.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, I want to thank members of the community who have stepped up for the Simon Fraser University football team.

As members know, the administration at SFU cut the football program just a few weeks ago. This program has produced some of the best football players in Canada. We have had a remarkable reaction from the public, which put in place a financial plan that ensures the continuity of the program. It is now really up to the SFU administration to reverse its decision and stop the cuts to the program.

I am here to talk about Bill S-211. To avoid the problem that my colleague had, I will start by saying that the NDP will be voting against this bill because it is an empty shell. It does nothing to change the situation of people experiencing systemic human rights violations around the world. I will talk about a few cases later in my speech.

The fact of the matter is that this bill really does nothing to change an extremely difficult situation when it comes to human rights violations.

I just have to speak of three of the many examples of systemic human rights violations that have taken place on the grounds of Canadian companies. We can think about this for just a moment. Canada is standing up for human rights, but when it comes to some of our corporations acting abroad, they have acted in the most nefarious ways and trampled on basic human rights. Bill S-211 would not address any of the three examples I will give, which is why we need robust legislation.

I appreciate my colleague from the Bloc Québécois endorsing NDP bills, which I will speak about in a moment, from me and the member of Parliament for Edmonton Strathcona, the NDP foreign affairs critic.

The first example is about forced labour by Nevsun in Eritrea. Forced labour, or slavery, occurs on the grounds of a Canadian-owned company. This is the most outrageous abuse of human rights, and yet it is connected to Canada. We must all bear the shame of a company that acts in that way and allows systemic slavery on its grounds.

The second example is in El Salvador, and the company involved is Pacific Rim. We are talking about the most egregious, horrific torture and murder of environmental activists who were speaking up against the mine. Again, here is an example of a Canadian company functioning abroad with systemic human rights violations.

The third example is Barrick Gold in Papua New Guinea. We are talking about systemic sexual violence and torture of many women in the area of that mine.

In all these cases, the judicial systems simply do not work. There is no protection from government. We are talking about corrupt judicial systems and police who have been paid off. We are talking about a complete Wild West for human rights violations.

Each one of these examples, most egregiously, involves Canadian companies. Members can imagine the horrific results for the victims, whether we are talking about forced labour and slavery, systemic sexual violence or the torture and murder of environmental activists. This is why we need legislation that will actually do the job to force companies to comply and ensure that those companies are held liable and held to account.

There simply cannot be two fates for Canadian companies, one when they are subject to the rule of law here in Canada and a second in the Wild West, where the most outrageous, atrocious human rights violations can occur with impunity on the grounds of these Canadian firms, and where these companies can act without any regard for fundamental human rights and values. This is why I brought forward Bill C-262.

I want to state very clearly that this bill that I am presenting on the floor, Bill C-262, comes after incredible work by the Canadian Network on Corporate Accountability. It includes activists from some of the most significant organizations in Canada, such as Oxfam Canada, Amnesty International Canada and Human Rights Watch Canada, along with a number of very important labour organizations, in both the private and the public sectors. They are all standing together to say that Canada's appalling corporate human rights violations abroad need to be treated with the rigour and the type of legislative framework that will force companies to stop these appalling abuses and practices. The Canadian Network on Corporate Accountability did much of the vital groundwork for the bill that I am bringing forward, Bill C-262.

This is a bill that would actually address human rights abuses. It would hold companies to account and force them to do their due diligence before an investment. It would make them liable. These are just three cases among many. If there was systemic sexual violence, torture and murder of activists, or slavery or forced labour, the companies would be held to account. The directors and leaders of those companies would be held to account.

That is why Bill S-211 falls so far short. It is just an empty box that asks a few companies to prepare some kind of report. It does not hold them liable. It does not hold them to account. It does not force them to stop the most egregious human rights violations that are taking place in their operations on their property.

If those companies can be proud of their relationship to Canada, I can say that Canadians are not proud of those companies' relationship with Canada; we have done nothing. The current and previous governments did nothing to address violations that continue to this day. It may be a different country. It may be a different set of appalling human rights violations, but the reality is that what we are seeing is these companies acting with impunity.

That is why Bill C-262 is so very important. It would force an end to slavery, forced labour and systemic sexual violence. It would force an end to companies' security guards torturing and killing activists, who are speaking up for their community, with impunity. These are all things that need to be addressed, and that is why I wanted to thank the Canadian Network on Corporate Accountability and all its member organizations, which worked so assiduously on this for Canada to finally start addressing the elephant in the room. We pay lip service to human rights abroad, but we do nothing to force our companies, as well as their directors and leaders, to be accountable for the actions that they allow to take place on their property and in their operations.

The NDP, as the worker bees in this Parliament, tried to improve Bill S-211. We tried to give it a backbone. We tried to take the empty box that is Bill S-211 and bring some content to it. We offered half a dozen amendments that come from the activist sector, those organizations that are most attuned to the issue of human rights. We saw Liberals and Conservatives systematically rejecting each one of those amendments.

We can just think about that for a moment. Every member of Parliament is aware of the appalling human rights abuses that have taken place through Canadian companies acting abroad. A bill that pays only lip service to that is before a committee. The NDP offered amendments that would actually make the bill meaningful, and the Conservatives and the Liberals voted against them.

We will be voting against this bill, and we will be bringing forward very strong human rights legislation. That is what the world calls for, and that is what Canadians deserve.

[Simon-Pierre Savard-Tremblay, Bloc, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, I rise to speak this evening as the Bloc Québécois critic for international trade. The themes we are discussing are definitely linked to this issue. Of course, we are all in favour of trade, but not at any environmental, human or social cost. I believe that this means that we should study this bill very diligently.

Before dealing with the substance of the bill, I would like to salute the absolute sincerity of the member for Scarborough—Guildwood and also of Senator Miville‑Dechêne. Since 2018, they have tried three times to pass a bill about this issue. Therefore, I want to say that I admire their efforts.

We know that the member for Scarborough—Guildwood has been looking at potential corporate abuses abroad for a long time. Back in 2010, he introduced a bill to make Canadian mining companies abroad accountable. It was defeated. We had a minority Conservative government at the time. With support from the opposition parties, it could have passed, but it was defeated because too many members of his own party had fallen ill at the same time. Consequently, he did not have enough votes to get it passed. It is a shame, because it would have been a bit of a step forward at the time.

I also have to say that this is an issue that is very important to me, both personally and in my capacity as critic. I recall moving a motion for unanimous consent that set out what a true due diligence policy could look like. I think that is the right term. Unfortunately, I could hear shouts of “no” off to my right, in every sense. The Conservatives yelled “no” so it did not pass.

I also tabled a petition in favour of such a law, such a policy, last June, if I am not mistaken, signed by nearly 2,000 Quebeckers who were calling for due diligence legislation.

I also have here the report of the Standing Committee on International Trade that was tabled in the House not that long ago, regarding the study it did on the activities of Canadian mining companies abroad. We heard a lot of testimony on that subject, some of which made my blood run cold. We are talking about mining companies, of course, because we have often heard about the abuses committed by Canadian mining companies abroad. However, we could also talk about the textile industry, which, as members know, is hardly above reproach. Then there are the coffee, cocoa and palm oil industries. There are tons of industries like those, where we know that their activities and ways of doing things are having real consequences. Even if we like to have these sorts of products on our store shelves, there is an ethical and humane way of doing things.

It should be noted that Canada is a paradise for mining companies. Because Canada is a flag of convenience, a lot of companies that are not actually Canadian will come register here, incorporate here, because of the legal, tax and speculative advantages that the Canadian framework provides. After that, there is no real mechanism, except for this puppet ombudsman that was created by Ottawa a few years ago and that ultimately just gives this or that excuse, giving the government the right to say that it has taken action.

Taking action can be dangerous. Empty shells can be dangerous. Even certain policies can be dangerous, when they start out with laudable intentions but ultimately cause us to sit back and do nothing, unfortunately.

I would of course also like to talk about Bill C-226, which was proposed by my NDP colleagues and which I am co-sponsoring. I gladly put my name on it. A cause like that should not be partisan. It is too important. Lives are at stake; human dignity is at stake. That is why I am co-sponsoring the bill.

Unfortunately, I am going to have to make a comparison that is not very flattering for Bill S-211 and compare it to Bill C-262. The Canadian Network on Corporate Accountability produced an excellent document entitled “Don't Mistake Reporting for Accountability”.

The subtitle states, “Canada must require Canadian companies to respect human rights throughout their supply chains.”

This document contains a wonderfully clear, concise chart that compares the two bills. I would like to read it for all our colleagues who are present. This chart compares the features of Bill S‑211 and Bill C‑262, the bill I co-sponsored that was introduced by our NDP colleagues.

The first question is, “Does it require companies to respect human rights?”

In the case of Bill S‑211, unfortunately the answer is no. The chart states that the bill requires companies “to report annually on whether they took steps to identify and prevent the use of forced labour, and what they found. It does not require companies to respect human rights.” In the case of Bill C‑262, the answer is yes. The chart states that the bill “recognizes that companies have a responsibility to respect human rights, and must proactively take steps to prevent human rights violations throughout their supply chains and global operations.”

Here is the second question: “Does it require companies to prevent harm?”

In the case of Bill S‑211, the answer is no. The chart states that the bill “requires an annual report” but that it “does not require companies to prevent harm.” In the case of Bill C‑262, the answer is yes. The chart states that the bill “creates an explicit obligation for companies to prevent serious adverse impacts throughout their supply chains and global operations.”

Here is the third question: “Does it require companies to take steps to identify, mitigate, prevent and account for human rights and environmental harm in their supply chains?” We are talking about due diligence here.

In the case of Bill S‑211, unfortunately, the answer is no. The chart states that “[c]ompanies are not required to take any due diligence measures. A company may report that it has not taken measures and be in compliance with the law.” In the case of Bill C‑262, the answer is yes because there is “an explicit obligation for companies to put in place adequate due diligence procedures.”

The fourth question is, “Are there meaningful consequences if companies cause harm or fail to implement adequate due diligence procedures?”

In the case of Bill S‑211, the answer is no, because “[t]here are no consequences for failure to prevent harm or for failure to implement due diligence procedures.” In the case of Bill C‑262, the answer is yes because the bill “provides people with a statutory right to sue a company”. That is the important part. That is what is missing from the role of the ombudsman, which basically serves as an online complaints office. It is a nice website the government created a few years ago.

The fifth question is, “Does it help affected people to access justice or remedy?”

In the case of Bill S‑211, the answer is no. The bill does not address this. In the case of Bill C‑262, the answer is yes, because “[t]here are several ways in which the legislation helps address existing barriers to accessing Canadian courts.”

The sixth question is, “Does it provide agency to impacted communities / workers?”

In the case of Bill S‑211, the answer is “no”, because “[t]here is no role for impacted community human rights defenders and workers.” In Bill C‑262, however, “[c]onsultation with rights holders is required in a company's due diligence procedures.”

Here is the seventh question: “Does it apply to companies of all sectors and all sizes, down the entire chain?”

Bill S‑211 applies only to “companies with 250+ employees, with significant revenue or assets.” However, Bill C‑262 “applies to companies of all sizes, from all sectors, down the entire value chain.” Human rights abuses need to be called out, no matter how big the business is or how much money it makes.

Here is the eighth question: “Does it apply to all human rights?”

Bill S‑211 applies to forced labour and child labour. We applaud that and are quite pleased. However, “[t]his ignores the internationally accepted principle that human rights are indivisible, interrelated and interdependent, a principle upheld by successive Canadian governments.” In contrast, Bill C-262 “upholds the principle that companies must respect all human rights. It makes reference to the core international human rights conventions, the fundamental ILO conventions...” and even “makes specific reference to the right to a safe, healthy and sustainable environment.” Now that is real legislation with teeth.

Now, what do we do with Bill S‑211? Of course we know that it could be a step in the right direction. We know that an obligation to report cannot be a bad thing in and of itself. However, as with the ombudsman created by the government, these situations have extremely serious consequences, particularly at a time when we are thinking about a new world order post-COVID-19. In this new world order, trade would not be an absolute, and we could show more respect for sovereign states, the environment and peoples. Unfortunately—

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, it is an honour to rise today to speak to Bill S-211, the fighting against forced labour and child labour in supply chains act.

I want to share a story from the International Justice Mission about the real impact of forced labour and slavery.

“Like most ten-year-old boys, Suriya was a dreamer. If you asked him what he wanted to be when he grew up, his answer might change depending on the day. A famous singer, an artist, a policeman, a pilot, a cricket player.”

One day, a cyclone hit southern India and destroyed Suriya's village. Suriya, his mother and his siblings all survived, but his father did not. Due to their desperate situation, Suriya's mother was pressured into taking a loan from a neighbouring farmer that required Suriya to work for the farmer.

“At only ten years old, Suriya's dreams, childhood and freedom were taken. Instead of the loving embrace of his mother, Suriya was beaten repeatedly with a stick. Instead of walking to school in the morning, he was forced to herd over 200 goats alone for miles.”

Thanks to the partnership of a local organization in India, IJM was able to find Suriya, bring him home safely and “fight for justice against the man who exploited his family.”

While Suriya was freed, millions more men, women and children remain in slavery today. In fact, it is estimated that today there are over 50 million people in slavery.

That is why this issue is so important, and I am glad we are debating Bill S-211 here today. As one of the co-chairs of the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking, it has been my honour to help advance this bill and work across party lines with my colleagues.

I want to thank in particular the sponsor in the House of this bill, the member for Scarborough—Guildwood, who has relentlessly championed this issue for years in this place, and our colleague Senator Miville-Dechêne, who brilliantly steered it through the Senate. I thank both other co-chairs of the APPG, along with the member for Shefford, and their offices for all they have done. I also want to recognize the hard work of their staff, people like Shawn Boyle, Jérôme Lussier and Joel Oosterman, who have been integral to assisting us with getting this bill done.

The APPG has been doing great work over the last few years, and I just want to take the opportunity to let members know that our AGM is coming up on May 8. We welcome anyone else who wants to join the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking at the AGM. Come and join us to strengthen Canada's efforts to combat human trafficking.

Human trafficking and modern-day slavery turn people into objects to be used and exploited. It is a vicious, growing and profitable crime here in Canada and around the world.

Earlier this spring, the York Regional Police announced that 64 men and women from Mexico were trafficked to work here in Ontario. I want to thank the officers for their hard work to apprehend the traffickers and rescue the victims. This vicious crime robs people of their God-given dignity and freedom. Over the past few years, due to the pandemic, the estimated number of people enslaved or trafficked has risen from 40 million to over 50 million.

These people are harvesting our coffee or the sugar we eat or making the clothes we wear, and while we finally will be updating our laws to prohibit imports made from slavery, our enforcement to this point has been terrible. In fiscal year 2021-22, the U.S. intercepted 2,300 shipments suspected of being tied to forced labour or slavery. Canada intercepted one, and that shipment was ultimately appealed and let through.

Canada does not yet require any companies to ensure their supply chains are free of slavery. That is why Bill S-211 is so important. This bill would require federal departments and large companies that do business in Canada to produce an annual report detailing the measures taken to prevent or mitigate the risks of forced labour or child labour in their supply chains. These reports would be made public, and there would be penalties for making false or misleading statements.

It is not necessary to get too much into the details of the bill at this stage. The bill has already gone through the Senate stages and has been at committee. In this House, it has gone through second reading and committee study, and we do not have to debate the bill to pass it. We know how long it takes for the government to simply implement legislation. With any further debate, this bill will be delayed, as will the ability for Canada to increase transparency and help stop slavery in our supply chains.

I want to draw members' attention to the former British member of Parliament and abolitionist William Wilberforce, who, motivated by his Christian faith, spent decades fighting against the transatlantic slave trade, every year reintroducing a bill to end it, only to see the bill defeated or delayed. He was eventually successful, but often impeding his efforts were the attempts by other MPs to change or amend the bill, or calls to delay or take a different approach. Those delays resulted in prolonged suffering and enslavement of countless Africans. That is why it is deeply disappointing to see that there are parties in the House who plan to vote against this bill. That is shocking. These parties make up similar excuses to those of Wilberforce's opponents as to why they cannot support the bill.

No one is suggesting this bill is the only step Canada needs to take, but it is an important step nonetheless. There are other approaches we can and must take. For example, Canada should adopt a zero-tolerance approach to modern-day slavery and human trafficking.

Three weeks ago, I was in Winnipeg at the Canadian Museum for Human Rights, and we brought together survivors and leaders in the fight against human trafficking. The symposium was organized by Paul Brandt and #NotInMyCity, the Rotary Action Group Against Slavery, the Mekong Club and the International Justice Mission. The focus of that conference was to galvanize support for “The Canada Declaration”, a document that outlines the reality of humanity trafficking in our country and around the world, and looks for Canada to take a zero-tolerance approach that was informed by the voices of survivors. The co-chairs of the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking had the honour of addressing the leaders in that room, and we are committed to bringing this declaration back to Parliament and urging our colleagues in the government to implement these calls to action.

Part of the declaration states:

We acknowledge that reconciliation with indigenous peoples requires Canada to take a concerted effort to end the factors that lead to the their over-representation as Victims of Human Trafficking.

We also recognize the resilience and courage of Survivors who have spoken out and raised their voices and lament that far too often, their voices have not been centered or heard....

We recognize that the maintenance of freedom requires diligence and sacrifice.

We recognize that Human Trafficking is a multi-faceted crime and requires a comprehensive, holistic and country wide effort to fight it on every front....

That is why we are calling on the Government of Canada and all Canadians to adopt a Zero Tolerance approach to end Human Trafficking.

One of the calls to action in “The Canada Declaration” is for Canada to implement robust measures that require supply chain reporting of Canadian companies. That is what this bill would do. It would help Canada move forward to a zero-tolerance approach, and that is why I believe that this bill should not be delayed any further. If it is in our power to help end slavery and bring freedom to men, women and children around the globe by passing this bill, why would we delay its adoption one moment longer?

Just yesterday, all members of Parliament received a letter from Peter Talibart, a Canadian and an international employment lawyer based in the U.K. Peter appealed to parliamentarians to adopt Bill S-211 and pointed to its strengths as it compares to existing international approaches. For example, unlike the U.K. and Australian laws, Bill S-211 proposes serious penalties, including fines and direct criminal liability. In fact, those countries are looking to adopt an approach that is reflected in this bill.

Peter ends his letter by saying that we know more about the wood in our chair, the coffee in our cup and the tobacco we smoke than we do about the welfare of the millions of men, women and children that produced them, and that that is wrong.

I urge all members to support the immediate adoption of Bill S-211.

Again, I want to thank the MP for Scarborough—Guildwood, our colleagues in the Senate and all who have worked so hard to get this bill to where it is today.

I want to leave members with the words of William Wilberforce as he challenged his parliamentary colleagues to action over 200 years ago. He said, “Having heard all this you may choose to look the other way but you can never again say that you did not know.”

The House resumed from March 6 consideration of the motion that Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff, be read the third time and passed.

[Mary Ng, Liberal, Markham—Thornhill, ON]

I want to thank the honourable member for that important question. In my earlier responses I talked about the importance of what mining will need to be for Canada in developing the green economy, ensuring that it's done in a sustainable way but also in a way that leads with Canadian values. Standing up for human rights and ensuring that communities are protected are also a part of that.

We work closely, of course, with Sheri Meyerhoffer in her role as CORE. I'm pleased that she has set up the office, has started and is doing that work and that work is progressing well in terms of fulfilling her mandate and taking on cases. I'm paying particular attention to the work that is being done here at this committee and the many witnesses who are coming forward with respect to this issue. I'm also taking a look at the work being done at the foreign affairs committee when it studied Senate Bill S-211. There is a lot of work that is being done.

We are going to have to take into account these various issues, as they come forward, in our thinking of the future. At the very heart of what we must do, Canadians must lead with the values that shore us up to be good responsible corporate citizens. I expect that of Canadian companies, and we have updated our rules to ensure that is the case.

I do applaud the mining association for its leadership, like I said, now working with 12 countries that have come on board on a way forward for the industry in terms of how it can do its work in a sustainable and responsible way.

However, I'm paying particular attention to this work that parliamentarians and civil society are doing. We will obviously take these into account as we are thinking about the future work of the CORE.