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Canada’s Modern Slavery Act (S-211)

On any given day in 2021, globally there are about 28 million men, women, and children who are trapped in forced labour which has resulted in a staggering $323.6 Billion CAD in illegal profits per year (International Labour Organization, 2024). These numbers are of documented cases, however there are many more hidden organizations that are exploiting humans for capital gain. These numbers will continue to climb every year if action is not taken by the international community.

As of May 2023, the Canadian government responded to this call to action by passing Bill S-211: Canada’s new modern slavery law [S-211]. This bill is similar to the United States Uyghur Forced Labor Prevention Act (UFLPA).

Canada’s new Modern Slavery Act S211 is a significant step in combating forced labour in Canadian supply chains. By focusing on transparency, this allows accountability of companies profiting from exploitative practices and the eradication of forced labour from Canadian supply chains.

Almost every sector of the economy is at risk of involving forced labour in the manufacture or assembly of products and their components. Forced labour can touch almost any sector in the private economy such as:

  •  Industry: mining and quarrying, manufacturing, construction and utilities.
  • Services: wholesale and trade, art and entertainment, personal services, administrative and support services, education, health and social services, and transport and storage.
  • Agriculture: forestry, hunting, cultivation of crops, livestock production, and fishing

(International Labour Organization, 2024)

Understanding the Modern Slavery Act S-211

To comply with the bill S-211, private importers have new reporting obligations that need to be submitted to the Minister of Public Safety. Importers are required to publish an annual report describing their due diligence measures on supply chains. In order to comply with the S-211 act, companies annually are required to provide detailed information with regards to:

  • Overview of the company's structure, activities, and supply chains, along with policies and due diligence processes addressing forced and child labour.
  • Identification and management of risks related to forced and child labour within supply chains, including specific actions taken.
  • Remediation efforts for instances of forced or child labour and support for affected families, including income loss mitigation.
  • Employee training on forced and child labour prevention, and evaluation of the effectiveness of these measures within the company’s operations.

Failure to follow these new obligations or providing false or misleading statements, each of these is a summary conviction offence and liable to a fine of up to $250,000. 

The Importance of Transparency in Supply Chains

It's not just a matter of financial penalties, but the morals and ethics behind forced labour. Consumers are being more proactive about the sourcing of the products they are purchasing. Many are not hesitating to boycott and lobby against companies and brands that are violating human rights. By making reports around due diligence of supply chains open to the public, companies are encouraged to make sure they are maintaining ethical practices.

Through requiring transparency, this bill encourages better practices among importers and suppliers. Further, Canada is proactively working with other foreign governments to instill fair and ethical trade while taking steps to end forced labour and child labour (Mason 2022).

Asia and the Pacific regions are some of the most exploited regions in the world, but certainly not the only exploited regions. Exploitation of human labour knows no boundaries and some organizations will continue doing so simply for profit. They will be creative in trying to bypass legislation and rerouting supply routes to get their products to market. Maintaining proper traceability and transparency is a step in the right direction to ending oppressive practices.

Peer Ledger’s Role in Fighting Modern-Day Slavery

Peer Ledger’s Digital Product Passport Platform provides a versatile, multi-industry system to meet the country's emphasis on preventing forced labour regions from entering Canada.

Core Features:

  1. Near Real-Time Data Collection: Implement continuous, near real-time, and scalable data collection processes that prevent information inefficiencies, such as delay to find out risk materializations, avoid supplier survey fatigue and minimise risks of AI-related supplier misidentification. 
  1. Due Diligence Document Management: Documents from suppliers throughout the supply chain are managed. Document timestamps, record of who uploaded documents or did edits, document ownership and authentication controls, and confidential document sharing helps to organise manufacturers’ compliance work.   
  1. Geo-fencing: Peer Ledger’s solution creates virtual boundaries around specific geographic areas. By setting up geo-fences around known conflict zones or regions with labour exploitation, companies can be alerted if a product or material crosses these boundaries. If a product is sourced from or passes through these restricted areas, the system can flag it for further investigation or halt its progress in the supply chain.
  1. Geo-locating: Our solution is capable of tracking the exact location of products throughout the supply chain. By continuously monitoring the movement of goods, companies can verify that materials are sourced from approved, ethical locations. If a product's location history shows it has originated from or passed through a high-risk area, companies can take immediate action to prevent those goods from entering the market.
  1. Targeted Stakeholder Communication: Utilize one QR code and passport to deliver customized information to different stakeholders.
  1. Unified Platform: Leverages a single platform to manage traceability and transparency across all sustainability efforts.
  1. Digital Product Passports: Tailored for micro, small, mid-sized, and large companies, ensuring comprehensive ESG reporting.
  1. Robust Security: Ensures data integrity and security with ISO 27001 certification and immutable blockchain controls.
  1. Adaptive Supply Chain Management: Supports elastic supply chains with comprehensive tracking capabilities.
  1. Granular Visibility: Gain item-level, SKU-level, lot-level, and bulk-level visibility across your supply chain
  1. Multiple Interfaces: Operates as a standalone mobile and portal SaaS solution that can integrate effortlessly with ERPs, PLMs, SCMs, and other systems when required.

The Road Ahead: Ensuring Compliance and Ethical Practices

Billions of dollars are unlawfully being pocketed by very few while millions are made victim to labour exploitation. Through performing and maintaining proper due diligence and supply chain management, companies will be able to better mitigate their risks associated with the importation of forced labour tainted goods into Canadian borders.

Having systems like Peer Ledger’s Digital Product Passport helps keep companies on top of their supply chain management as well as meeting legislative requirements. Supply chain traceability and transparency is no longer simply an option. It is now mandatory for companies to take responsibility for ethical sourcing. 

Sources:

  1. Bill S-211, An Act to  to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff, 1st Session, 44th Parliament, 2023.
  2. International Labour Organization.(2024).  Profits and poverty: The economics of forced labour. https://www.ilo.org/publications/major-publications/profits-and-poverty-economics-forced-labour 
  3. Public Safety Canada. (2024, May 31). Forced labour in Canadian supply chains. https://www.publicsafety.gc.ca/cnt/cntrng-crm/frcd-lbr-cndn-spply-chns/index-en.aspx 
  4. Robert Mason. (2022). Legislative summary of bill S-211: https://lop.parl.ca/sites/PublicWebsite/default/en_CA/ResearchPublications/LegislativeSummaries/441S211E

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