Fighting Against Forced Labour and Child Labour in Supply Chains Act (S.C. 2023, c. 9)

Designated Person’s Powers

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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).

• Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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 3General

Registry

Marginal note: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.

• Marginal note:Accessibility of registry

  (2) The registry must be made available to the public on the Department of Public Safety and Emergency Preparedness website.

Regulations

Marginal note: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

Marginal note: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.

• Marginal note: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

Marginal note: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.

• Marginal note: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 41997, c. 36Customs Tariff

26 [Amendments]

27 [Amendments]

PART 5Coming into Force

Marginal note:January 1

28 This Act comes into force on January 1 of the year following the year in which it receives royal assent.