ENGLISH
• SUMMARY
SUMMARY
• 1 Alternative Title
1 Alternative Title
• 2 Definitions and Application
2 Definitions and Application
• 4 Prohibition
4 Prohibition
• 5 Administration and Enforcement
5 Administration and Enforcement
• 12 Transitional Provisions
12 Transitional Provisions
• 18 Consequential Amendments to the Customs Tariff
18 Consequential Amendments to the Customs Tariff
• 20 Coming into Force
20 Coming into Force

SUMMARY

Alternative Title

Alternative title

1 This Act may be cited as the Ban on Importing Goods Made with Forced Labour Act.

Definitions and Application

Definitions

2 The following definitions apply in this Act.

customs officer has the meaning assigned by the definition officer in subsection 2(1) of the Customs Act.‍ (agent des douanes)

forced labour has the meaning assigned by the term “forced or compulsory labour” in Article 2 of the Forced Labour Convention, 1930 (No. 29) of the International Labour Organization.‍ (travail forcé)

Minister means the Minister of Foreign Affairs.‍ (ministre)

person includes a trust, a partnership, a fund, an unincorporated association or organization, a country, a political subdivision of a country and a government, and any department or agency, of a country or political subdivision of a country.‍ (personne)

prescribed means prescribed by regulation.‍ (Version anglaise seulement)

produced includes grown, assembled, manufactured and mined.‍ (produit)

Binding on His Majesty

3 This Act is binding on His Majesty in right of Canada or a province.

Prohibition

Prohibition on importing goods

4 Goods that are produced wholly or in part by forced labour are prohibited from importation.

Administration and Enforcement

Application — Customs Act

5 (1) Subject to the provisions of this Act or its regulations, the Customs Act applies, with any necessary modifications, in respect of the administration and enforcement of this Act or its regulations, and for that purpose a contravention of this Act or its regulations is deemed to be a contravention of the Customs Act.

Determination

(2) A customs officer designated by the President of the Canada Border Services Agency may determine whether imported goods are produced wholly or in part by forced labour.

Detention

(3) For the purpose of making a determination under subsection (2), a customs officer may detain goods for a period of up to 90 days, or for any longer prescribed period, from the first day on which the goods are detained under this subsection. For greater certainty, this subsection does not affect any other lawful authority to detain or otherwise deal with the goods.

For greater certainty

(4) For greater certainty, the Governor in Council may make regulations under paragraph 109.‍1(3)‍(a) of the Customs Act designating any provisions of this Act or its regulations for the purposes of subsection 109.‍1(1) of that Act.

No appeal, review or re-determination under Customs Act

(5) Any power, duty or function exercised or performed under this Act, including under subsection (1), is not subject to any appeal, review, re-determination or further re-determination under the Customs Act but, for greater certainty, is subject to judicial review under section 18.‍1 of the Federal Courts Act.

List

6 (1) The Minister may, by regulation, establish a list of goods in respect of which there are reasonable grounds to suspect that they are produced wholly or in part by forced labour.

Specification

(2) The Minister must specify, in relation to goods on the list, either the person who produces them or the country or region in which they are produced, or both.

Disclosure of information

7 The following persons may assist the Minister in establishing the list referred to in section 6 and, for that purpose, the Minister and those persons may disclose information to one another:

• (a) the Minister of Public Safety and Emergency Preparedness;

• (b) an officer or employee of the Canada Border Services Agency;

• (c) the Minister of Labour;

• (d) the Minister of Transport;

• (e) the Minister of Agriculture and Agri-Food;

• (f) the Minister of Industry;

• (g) any other prescribed person.

Prescribed information

8 A person who imports goods set out in the list established under section 6 must, at the request of a customs officer, provide the prescribed information to the Canada Border Services Agency in accordance with the regulations.

Goods deemed prohibited

9 If a person contravenes section 8, the goods for which information was required to be provided under that section are deemed to be prohibited from importation under section 4.

Liability for costs

10 (1) A person who imports goods in contravention of section 4 and the owner of the goods at the time they are imported are jointly and severally, or solidarily, liable to His Majesty in right of Canada for any costs incurred by His Majesty in relation to the detention, storage, transportation or disposal of the goods.

Debt to His Majesty

(2) Any amount owing under this section is a debt due to His Majesty in right of Canada.

Regulations

11 (1) On the recommendation of the Minister, the Governor in Council may make regulations for the purposes of this Act other than sections 5 and 8 to 10.

Prescribed information

(2) Regulations made under subsection (1) may prescribe the information that may be or must not be disclosed under section 7.

Regulations

(3) On the recommendation of the Minister of Public Safety and Emergency Preparedness, the Governor in Council may make regulations for the purposes of sections 5 and 8 to 10.

Authority for customs officer

(4) Regulations made under subsection (3) may authorize a customs officer to specify the time within which and the manner in which information must be provided under section 8.

Transitional Provisions

Definitions

12 The following definitions apply in this section and in sections 13 to 17.

decision means a decision made under paragraph 60(4)‍(a) of the Customs Act in respect of a determination.‍ (décision)

determination means a determination made under section 58 of the Customs Act to classify goods as goods under tariff item No. 9897.‍00.‍00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff that were mined, manufactured or produced wholly or in part by forced labour or child labour.‍ (détermination)

reference day means the day on which this Act receives royal assent.‍ (date de référence)

No appeal, etc.‍, of determination

13 A determination that is made before the reference day, and in respect of which no decision is made before that day, is not subject to any appeal, review, re-determination or further re-determination under the Customs Act.

Void request

14 A request that is made under subsection 60(1) of the Customs Act in respect of a determination before the reference day is void if no decision has been made in relation to the request before that day.

No appeal, etc.‍, of decision

15 A decision that is made before the reference day is not subject to any appeal, review or further re-determination under the Customs Act unless a notice of appeal from the decision is filed under subsection 67(1) of that Act before that day.

For greater certainty — judicial review

16 (1) For greater certainty, a determination to which section 13 applies and a decision to which section 15 applies are subject to judicial review under section 18.‍1 of the Federal Courts Act.

Deeming

(2) If such a determination or decision was first communicated to the party directly affected by it within 90 days before the reference day, it is deemed to have been first communicated to that party on that day.

Continued appeal

17 Sections 67 and 68 of the Customs Act and the Description of Goods of tariff item No. 9897.‍00.‍00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff, as that Description read immediately before the reference day, continue to apply in relation to a decision if a notice of appeal from the decision is filed under subsection 67(1) of the Customs Act before that day.

1997, c. 36

Consequential Amendments to the Customs Tariff

18 Subparagraph 132(1)‍(m)‍(i.‍1) of the Customs Tariff is repealed.

19 The Description of Goods of tariff item No. 9897.‍00.‍00 in the List of Tariff Provisions set out in the schedule to the Act is amended by deleting the reference to “Goods mined, manufactured or produced wholly or in part by forced labour or child labour as those terms are defined in section 2 of the Fighting Against Forced Labour and Child Labour in Supply Chains Act,”.

Coming into Force

Order in council

20 Sections 8 and 9 come into force on a day or days to be fixed by order of the Governor in Council.