On July 27, 2026, the Government of Canada launched two complementary public consultations as part of its broader effort to tackle forced labour in global supply chains. The consultations seek feedback on (1) the regulatory approach to Bill C-35, the Ban on Importing Goods Made with Forced Labour Act and the potential due diligence and (2) civil liability measures aimed at combating labour exploitation across supply chains. These consultations mark the next step in developing the proposed legislation, inviting stakeholder input on how Canada’s new forced labour import regime should operate in practice. The consultations will remain open until August 21, 2026. Further information on how to submit written feedback can be found here.
Bill C-35 would replace Canada’s existing forced labour import prohibition with a new list-based framework, empowering the Minister of Foreign Affairs to identify goods (by country, region, manufacturer) suspected of being produced with forced labour. We write about Bill C-35 here. Through this consultation process, the Government is seeking feedback on the criteria, evidence, and methodology that should be used to list goods (by country, region, manufacturer), as well as the type of information importers will need to furnish to the Canada Border Services Agency to otherwise prove that goods are not mined or manufactured with forced labour.
Designated Goods & Importer Obligations Under Bill C-35
Bill C-35 authorizes the Minister of Foreign Affairs to list countries, regions and entities where there are reasonable grounds to suspect a connection to forced labour in relation to the manufacture of goods; however, this proposed legislation does not address the administrative process which will govern how geographies or entities are listed. Bill C-35 also requires importers to demonstrate that goods imported from listed geographies/entities are manufactured by forced labour; however, the evidentiary threshold and documentation required to meet that threshold is also not addressed in the proposed legislation.
Accordingly, Global Affairs Canada is seeking feedback on the evidentiary framework for:
- Listing geographies/entities, including (i) the sources of information that may support a designation, (ii) the appropriate threshold for listing, and (iii) the factors relevant to assessing forced labour risks; and
- The information to be provided by importers to illustrate that goods are not manufactured with forced labour in their supply chain.
This feedback will likely influence the eventual guidance, policy, and regulatory framework to be developed around the legislation, once implemented.
This is a key opportunity for importers to participate in the development of a future regulatory framework that will directly impact their operations (i.e. supplier oversight, traceability, record-keeping and supply chain verification) and the ease at which goods may be imported into Canada. Importantly, while Canada currently has mandatory reporting on supply chain due diligence for importers that meet certain thresholds under the Fighting Against Forced Labour and Child Labour in Supply Chains Act, there is no mandatory due diligence required by importers – reporting that no due diligence occurs is sufficient to meet the reporting requirements. The implementation of Bill C-35 will indirectly require due diligence by importers in order to ensure that goods from listed geographies/entities may be imported into Canada.
Due Diligence and Civil Liability Measures
The Government is also seeking input on measures that may form future positive due diligence legislation, complete with civil liability for non-compliant entities. The consultations seek feedback on due diligence measures that would require Canadian businesses operating abroad to identify, prevent, address, and remediate risks to fundamental labour rights across their operations and supply chains.
This parallel consultation focuses on the core elements of a future framework, including the scope of the obligations, the organizations that would be subject to them, the due diligence and reporting requirements that might apply, and the approaches to compliance and enforcement. The Government is further considering whether to include civil liability provisions, which would allow victims of labour exploitation to seek damages in Canadian courts against businesses that fail to exercise adequate due diligence to prevent such exploitation in their supply chains.
This is a key opportunity for any Canadian business operating abroad to participate in the development of a future regulatory framework that will directly impact their overseas operations and the risk of civil liability in Canadian courts for due diligence failings to protect workers abroad.
