Ethical procurement awareness and guidance
International and domestic expectations: Human rights and procurement

Freedom from slavery, forced labour, and human trafficking is a human right.

The expectations surrounding human rights-related risks in supply chains are evolving. Many countries are adapting their requirements to ensure businesses behave in a way that is more compatible with their international commitments. This is placing increased requirements on international businesses.

United Nations Guiding Principles on Business and Human Rights

The United Nations Guiding Principles on Business and Human Rights (UNGPs) are a set of human rights blueprints targeted towards state and business supply chain operations. The goal is to prevent, address, and remedy human rights issues. They are non-legally binding and based in recognition of:

• states’ and businesses’ existing obligations to respect, protect, and fulfill human rights and fundamental freedoms
• the role of businesses as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights
• the need for rights and obligations to be matched to appropriate and effective remedies when breached

Palermo Protocol

In 2002, Canada became one of the first countries to ratify an international treaty known as the Palermo Protocol. The protocol presents the international consensus on a comprehensive definition of trafficking and states’ duties to prevent human trafficking and prosecute traffickers.

United Nations Sustainable development goals

In 2015, Canada adopted the UN General Assembly’s 2030 Development Agenda. The sustainable development goals that came out of the assembly are a collection of 17 interlinked objectives with the purpose of acting as a “shared blueprint for peace and prosperity for people and the planet now and into the future.”

Sustainable development goals (United Nations)

Other international instruments

Canada is also party to other international instruments which focus on human trafficking, including the:

• Protocol of 2014 to the Forced Labour Convention, 1930
• Worst Forms of Child Labour Convention, 1999

In 2017, the Governments of Canada, Australia, New Zealand, the United Kingdom, and the United States published a call to action to coordinate a targeted approach towards implementing the UNGPs at a national level.

A call to action to end forced labour, modern slavery and human trafficking

Recent Canadian developments

Canada’s commitments on the international stage have brought about substantial change domestically.

National strategy

The National Strategy To Combat Human Trafficking 2019 to 2024 provides a framework to:

• develop evidence-informed support for victims and survivors
• increase awareness
• better address issues of cultural sensitivity by working with and tailoring services to the needs of Indigenous and protected communities
• boost data collection to develop a better understanding of the drivers and responses to human trafficking
• adapt and develop the role of law enforcement and the criminal justice system
• develop and enhance government procurement activity
• establish and bolster our national and international partnerships with government institutions, civil society organizations, and businesses

National Strategy To Combat Human Trafficking 2019 to 2024

Public consultations

The Government of Canada held public consultations in 2020 to develop a new responsible business conduct strategy. The goal was to inform Canada’s approach to international business and supply chain ethics.

A strategy for the future: Responsible Business Conduct for Canadian companies aboard

A report on labour exploitation in supply chains was released in 2022, and there was a consensus that additional action is required beyond current initiatives.

Labour exploitation in global supply chains: What we heard report

Recent legislation

Most recently, the Fighting Against Forced Labour and Child Labour in Supply Chains Act came into force on January 1, 2024.

Under the act, business entities above a certain threshold must provide an annual report describing measures taken to prevent and reduce the risk that forced labour and child labour were used in their supply chains.

Fighting Against Forced Labour and Child Labour in Supply Chains Act

Canadian businesses should consider and prepare for:

• increased reporting
• monitoring
• mitigation mandates

In 2020, the Canada-United States-Mexico Agreement (CUSMA) replaced the North America Free Trade Agreement (NAFTA). Canada imposed an import ban on goods that were produced by forced labour (item No. 9897.00.00 of the Customs Tariff–Schedule).

Import bans are legislative measures, enforced by government authorities, which halt the import of goods produced in countries with human rights or forced labour-related allegations.

Import Prohibition on Goods Produced by Forced Labour (February 8, 2021)

Resources

• A strategy for the future: Responsible Business Conduct for Canadian companies aboard
• Fighting Against Forced Labour and Child Labour in Supply Chains Act
• Import Prohibition on Goods Produced by Forced Labour (February 8, 2021)
• Labour exploitation in global supply chains: What we heard report
• National Strategy To Combat Human Trafficking 2019 to 2024
• Sustainable development goals