Bill C-378

1st Session, 41st Parliament,

60 Elizabeth II, 2011

house of commons of canada

BILL C-378

An Act to prohibit sweatshop labour goods

Whereas Canada is a member of the International Labour Organization (ILO);

Whereas the ILO provides support for improved working conditions through its integrated Decent Work Country Programmes developed in coordination with ILO constituents;

Whereas the bilateral and multilateral Agreements on Labour Cooperation to which Canada is a party have thus far provided neither internationally consistent rules nor effective enforcement mechanisms to ensure the observ- ance of core labour standards;

Whereas Canada considers the observance of core labour standards and the strengthening of national economies to be complementary, not competing, goals;

And whereas Canada recognizes that decent work is central to efforts to reduce poverty;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Prohibition on Importing Goods Produced by Sweatshop Labour Act.

INTERPRETATION

2. In this Act, “Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act.

LIST OF PROHIBITED IMPORTS

3. (1) The Governor in Council may, on the recommendation of the Minister, make an order adding a good to the List of Prohibited Imports in the schedule, if the Governor in Council is satisfied that the good was produced, manufactured or assembled, in whole or in part, in contravention of the labour standards of the International Labour Organization, namely

(a) the right of association;

(b) the right to bargain collectively;

(c) the prohibition on the use of any form of forced or compulsory labour;

(d) a minimum age for employment of children; and

(e) acceptable conditions of work with respect to minimum wages, hours of work and occupational safety and health.

(2) The Governor in Council may, on the recommendation of the Minister and if satisfied that the inclusion of a good on the List of Prohibited Imports in the schedule is no longer necessary, make an order deleting the good from the List.

PROHIBITION

4. (1) Subject to subsection (2), it is prohibited for any person to import for sale in Canada goods that are set out on the List of Prohibited Imports in the schedule.

(2) A person may import goods referred to in subsection (1) if they are accompanied by a certificate attesting that they were produced, manufactured or assembled in compliance with the labour standards referred to in paragraphs 3(1)(a) to (e).

REGULATIONS

5. The Governor in Council may, on the recommendation of the Minister, make regulations

(a) establishing a method of identifying goods to be added to the List of Prohibited Imports;

(b) respecting the certification referred to in subsection 4(2); and

(c) identifying agencies qualified to provide certification for the purposes of the Act.