Bill C-251: An Act to amend the Customs Act and the Customs Tariff (forced labour and child labour)

R.S. c. 1 (2nd Supp.) Customs Act 1 Section 101 of the Customs Act is renumbered as subsection 101(1) and is amended by adding the following: Designated country or area or listed entity (2) In respect of goods referred to in subsection 136.1(2) of the Customs Tariff , the officer shall detain the goods until the officer is satisfied that the goods are not goods the importation of which is prohibited by section 136 of the Customs Tariff . 1997, c. 36 Customs Tariff 2 Subsection 132(1) of the Customs Tariff is amended by adding the following after paragraph (m): (m.1) for the purposes of section 136.1, regulating (i) the supply chain tracing to be performed and supply management measures to be taken, (ii) the procedure and time limits for the certification required, (iii) the diligence required of importers, and (iv) the information to be provided, the time limits for providing it and the manner in which it is to be provided; 3 The Act is amended by adding the following after section 136: Definitions 136.1 (1) The following definitions apply in this section and in section 136.2. child labour  has the same meaning as in section 2 of the Fighting Against Forced Labour and Child Labour in Supply Chains Act . ( travail des enfants ) entity  has the same meaning as in section 2 of the Special Economic Measures Act . ( entité ) forced labour  has the same meaning as in section 2 of the Fighting Against Forced Labour and Child Labour in Supply Chains Act . ( travail forcé ) Prohibited imports — presumption (2) For the purposes of section 136, goods that are mined, manufactured or produced wholly or in part in a country or area designated as a subject of concern under section 136.2 or by an entity listed under subsection 136.3(1) are deemed to be goods of tariff item No. 9897.00.00 under the description of goods mined, manufactured or produced wholly or in part by forced labour or child labour. Rebuttable presumption (3) The presumption established by subsection (2) is rebutted if (a) the importer demonstrates to a customs officer that they have performed the prescribed supply chain monitoring and taken the prescribed supply management measures; (b) the importer provides the officer with any prescribed certification or information; (c) the importer demonstrates to the officer that they have exercised all due diligence, as prescribed, to ensure the goods are not goods mined, manufactured or produced in whole or in part by forced labour or child labour; and (d) the officer is satisfied that the goods are not goods of tariff item No. 9897.00.00 under the description of goods mined, manufactured or produced wholly or in part by forced labour or child labour. Designation — country or area 136. 2 The Governor in Council may, by order, designate a country or area as a subject of concern if, on the recommendation of the Minister of Public Safety and Emergency Preparedness, made after consultation with the Minister of Labour, the Governor in Council is satisfied that there are reasonable grounds to believe that, in that country or area, goods are mined, manufactured or produced wholly or in part by forced labour or child labour. Establishment of list 136.3 (1) The Governor in Council may, by order, establish a list on which the Governor in Council may place the name of any entity if, on the recommendation of the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that the entity mines, manufactures or produces goods wholly or in part using forced labour or child labour. Amendment of list (2) The Minister of Public Safety and Emergency Preparedness may, by order, (a) change the name of an entity on the list or add to the list any other name by which the entity may also be or have been known if the Minister has reasonable grounds to believe that a listed entity is using or has used a name that is not on the list; (b) delete from the list any other name by which a listed entity may also have been known if the entity no longer uses that name; and (c) delete an entity from the list if the Minister is satisfied that the entity no longer mines, manufactures or produces goods wholly or in part using forced labour or child labour. Regular review of list (3) Five years after the day on which an entity is listed and every five years after that, the Minister of Public Safety and Emergency Preparedness must decide whether there are still reasonable grounds, under subsection (1), for listing the entity and must recommend to the Governor in Council whether the entity should remain listed.