International Trade Committee on June 18th, 2026

[Michael Kram, Conservative, Regina—Wascana, SK]

Chair, I think that's my time.

[The Vice-Chair, Conservative, Adam Chambers]

Thank you.

Mr. Naqvi.

[Yasir Naqvi, Liberal, Ottawa Centre, ON]

Thank you, Chair.

Thank you, witnesses, for being here today and for your fairly detailed analysis.

This committee has taken a lot of interest in forced labour issues, so we really appreciate your coming to committee.

I'm obviously happy to see Bill C-35 being tabled because I think a lot of issues that have been discussed in this committee are reflected in the bill.

I am always keenly interested in a bit of a comparison with other like-minded jurisdictions to better understand where we lie, especially when it comes to our allies, the United States and the European Union, for instance. Can you give us a sense of where Bill C-35 is in terms of alignment with the regulatory regime the European Union has put forward and the legislative scheme that our American partners use? Are we somewhere in the middle? Are we sort of going one particular way or the other? Could you provide a bit of a comparator in that, and have you received any feedback from our partners in Europe or United States, for example?

[Robert Brookfield]

I think it's premature to provide any comments on what Bill C-35 might be compared to the United States and the EU, since it's recently been introduced. We certainly are in touch with the United States, Mexico, the European Union and other of the 35 countries I mentioned that are working on addressing this issue.

I think it's fair to say that the U.S. system is longer standing. I believe their law dates back to 1930, and other countries and economies like the European Union are looking carefully at the U.S. system and how to potentially improve it.

My understanding is that the European Union's ban on products made with forced labour entered into force on December 13, 2024, but will not become applicable in full until December 14, 2027. I think the European Union is a comparator that we'll be looking at very closely. Their system is obviously, like the U.S. system, very different from ours, so it's not necessarily going to be possible to compare it one for one.

Again, I expect there will be experts before Parliament who can provide a more nuanced analysis, but our intention is to be as strong or stronger than the European Union in terms of outcomes.

[Yasir Naqvi, Liberal, Ottawa Centre, ON]

Thank you.

Can you speak to the enforcement aspect in this bill and the dispute resolution mechanism?

I understand that the onus is on businesses, on companies, to make sure they comply if a product or jurisdiction is listed.

First, from a CBSA perspective, what is the enforcement mechanism envisioned on our end, and if there is a disagreement with that enforcement, what are the remedies available for the companies in question if they want to dispute?

[Graeme Hamilton]

Bill C-35 lays out a dispute mechanism. The importer can appeal for a judicial review in the Federal Court if they disagree with the decision that has been made by the CBSA in order to allow those goods to enter. That has some advantages. It is a faster process. It's a transparent process. The results would be available online publicly. There are some advantages to having it set up that way.

In terms of the enforcement action that would flow out of Bill C-35, I don't want to speculate on what will take place in the future. I would say, though, that Bill C-35 contains a number of elements that address a number of challenges the CBSA has identified within the implementation of the current forced labour ban. We anticipate that it would be favourable in terms of our overall enforcement action.

The public list will also provide a lot of visibility to importers to better understand areas where they should be taking a bit more time and attention to understand who their suppliers are. That in and of itself may change purchasing behaviours, which may negatively impact enforcement action, because businesses are being more responsible and getting supplies elsewhere. We'll have to see how that plays out in the implementation of whatever Bill C-35 looks like if it passes Parliament.

[Yasir Naqvi, Liberal, Ottawa Centre, ON]

My last question is around the consultation process. I know there's been a fair bit of consultation that has gone into the drafting and tabling of this bill.

Ms. Wilshaw, you mentioned that the minister intends to consult on the list aspect. Can you speak to that? What might the content be around the consultation, what's the process that's being envisioned and what's the time frame, if you have that information?

[Robert Brookfield]

I can say that Ms. Anand is committed to consulting this summer on what factors would inform her choice, should this bill become law, in terms of clause 6 and the creation of the list. I expect that it would draw on existing consultations and existing material, including that provided by the United States and elsewhere, and that the focus will be on seeking views from Canadians on what the Minister of Foreign Affairs' role should be in implementing this legislation and, notably, what approach she should take to preparing that list.

[Yasir Naqvi, Liberal, Ottawa Centre, ON]

Thank you.

[The Vice-Chair, Conservative, Adam Chambers]

Thank you.

Mr. Bonin, you have the floor.

[Patrick Bonin, Bloc, Repentigny, QC]

I would like to come back to your relationship with the United States. For example, when they determine that a particular product is clearly made with forced labour, do you have discussions with them so that you can then identify those products too?

[Cathy Toxopeus, Director General, Commercial Program Directorate, Canada Border Services Agency]

Thank you, Mr. Chair, for the question.

Yes, we have information sharing established with the U.S. We exchange that through our national targeting centre, and we inform our targets based on that.

[Patrick Bonin, Bloc, Repentigny, QC]

In Canada, how many products are currently considered to be made with forced labour and are banned?

[Cathy Toxopeus]

I apologize. I do not have the answers right now.

[Patrick Bonin, Bloc, Repentigny, QC]

Are we talking about zero, a thousand or a million products?

[Cathy Toxopeus]

I don't—

[Patrick Bonin, Bloc, Repentigny, QC]

You have no idea.

[Cathy Toxopeus]

Not me, no.

[Patrick Bonin, Bloc, Repentigny, QC]

You don't know how many products in Canada are considered to be made with forced labour. No one can give me a number for that.

[Graeme Hamilton]

Mr. Chair, it's a difficult question to answer. In some ways, it has to be time-bound. Honestly, I'm not 100% sure.

[Patrick Bonin, Bloc, Repentigny, QC]

Who is responsible for that, if not you?

[Graeme Hamilton]

Do you mean for the number of goods in Canada produced?

[Patrick Bonin, Bloc, Repentigny, QC]

I'm talking about determining whether products are made with forced labour.

[Graeme Hamilton]

At the border, it's the responsibility of the CBSA to enforce the laws that come into play when goods enter Canada. That's what we do. Once goods are released into the economy, accounting for those goods would be the responsibility of other ministers and, I would argue, probably some provincial jurisdictions as well.

[Patrick Bonin, Bloc, Repentigny, QC]

Can you provide that list? I imagine there must be a list of banned products.