Bill S-211
Overview of Bill S-211: An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff Context
On May 3, 2023, the federal government passed Bill S-211: An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (Bill S-211), and it received royal assent on May 11, 2023. Bill S-211 effective January 1, 2024, will impose annual reporting obligations on many Canadian entities, including Ontario hospitals, to minimize the risk of forced labour and child labour in supply chains.
The penalty for non-compliance with these new obligations includes significant fines and potential personal liability for directors and officers of the non-compliant entity. Canada is a party to the conventions of the International Labour Organization (ILO) on fundamental labour rights. The passing of Bill S-211 is the latest step by Canada to contribute to the global effort to reduce and prevent forced and child labour. Bill S-211 additionally amends Canada’s Customs Tariff to extend the import ban to goods that are "mined, manufactured or produced wholly or in part" with "child labour" in addition to goods produced with "forced labour" which is already prohibited.
The framework set out by Bill S-211 to address the risk of forced labour and child labour in supply chains.
Annual Reporting Obligations
Every entity that the Bill applies to must submit an annual report, on or before May 31 of each year, to the Minister of Public Safety and Emergency Preparedness (Minister). This report must indicate what steps the entity took during the previous financial year to prevent and reduce the risk that forced labour or child labour is used at any step in the production of goods made by the entity or imported into Canada by the entity. Bill S-211 sets out additional information to be provided in this annual report, including:
- the entity’s structure, activities and supply chains;
- its policies and due diligence related to forced labour and child labour;
- areas of risk with respect to forced and child labour in the entity’s business and how that risk is assessed and managed;
- measures taken to remediate any forced or child labour as well as measures to remediate the loss of income to vulnerable families as a result of measures taken to remediate any forced or child labour;
- training provided to employees with respect to forced and child labour; and
- how the entity assesses the effectiveness of the measures it has taken with respect to forced and child labour.
The annual report must be approved by the governing body of the entity and it must be made available to the public, including through publication in a prominent location on the entity’s website. The Minister will also maintain an electronic registry containing a copy of every report received pursuant to Bill S211 that will be made available to the public on the Department of Public Safety and Emergency Preparedness website.
The Huron Perth Healthcare Alliance’s (HPHA) Annual Report was submitted to and approved by the Resources and Audit Committee of the Board on May 30, 2024.