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Clarity and Confusion: Updates to Canada's Guidance on Forced Labour Reporting Requirements

As businesses finalize their reports under the Fighting Against Forced Labour and Child Labour in Supply Chains Act the Act in advance of the May 31, 2024, statutory deadline, Public Safety Canada has updated its administrative guidance to clarify certain technical requirements, while also sowing confusion in respect of the basic question of which entities have reporting obligations under the Act. Public Safety Canada revised its guidance for Entities, originally issued in December 2023, on March 5, and March 20, 2024, and also added a page for answers to top questions and other amendments on March 5. A separate section was also added to the guidance website on March 13, 2024, to address the reporting obligations of government institutions.

France , Canada , French , Bennett-jones , Sabrinaa-bandali , Sharon-singh , Jessica-horwitz , Canada-border-services-agency , International-trade-investment , Canada-revenue-agency , Written-by-sharon-singh , Jordan-crocker

Canadian Ombudsperson for Responsible Enterprise Publishes First Final Investigation Report

On March 26, 2024, the Canadian Ombudsperson for Responsible Enterprise CORE published a final report on its investigation into allegations that a Canadian mining company, Dynasty Gold Corporation Dynasty, operating in China's Xinjiang Uyghur Autonomous Region XUAR used or benefitted from forced labour. Following its investigation, the CORE concluded that the mining company violated internationally recognized human rights and made several recommendations as a result.

Canada , Canadian , Bennett-jones , Sharon-singh , Sabrinaa-bandali , Andrew-disipio , Manpreet-dhillon , Ombudsperson-sheri-meyerhoffer , Hatu-qi , Guidelines-for-multinational-enterprises , Order-in-council , Department-of-foreign-affairs

Much-Anticipated Guidance Released on Canada's Forced Labour Reporting Requirements

On December 20, 2023, Public Safety Canada issued long-awaited guidance that provides details of the reporting requirements introduced in the Fighting Against Forced Labour and Child Labour in Supply Chains Act formerly Bill S-211. Government institutions and private sector organizations that meet the definition of entity under the Supply Chains Act see our previous blog, Canada Introduces Mandatory Forced Labour Prevention Reporting Legislation will have to 1 prepare a report that is to be uploaded to a government registry and also posted on the entity's website; and 2 respond to an online questionnaire that aligns with the various supplementary information specified in the Act. The first reporting deadline is quickly approaching, with first reports due by May 31, 2024.

Canada , France , French , Canadian , Sabrinaa-bandali , Bennett-jones , Kathleen-wang , Sharon-singh , Jessica-horwitz , International-trade-investment , Bennett-jones-international , Written-by-sabrina

Ashley White and Sabrina A. Bandali Honoured As 2023 Lexpert Rising Stars

Ashley White and Sabrina A. Bandali are winners of Lexpert Rising Star awards for 2023. This prestigious award honours Canada's leading lawyers under 40 from law firms, in-house departments and other practices. This year's Rising Stars were announced at a gala event in Toronto on November 23.

Calgary , Alberta , Canada , Toronto , Ontario , Canadian , Bennett-jones , Sabrinaa-bandali , Ashley-white , Student-recruitment-committee-in-calgary , Women-centre-in-calgary , Women-lawyers-forum

Canadian Ombudsperson for Responsible Enterprise Launches First Complaint-Based Investigation

On July 11, 2023, the Canadian Ombudsperson for Responsible Enterprise announced the launch of two separate investigations into allegations that Uyghur forced labour was used in the supply chains and operations of two Canadian companies.

United-states , Xinjiang , Jiangxi , China , Canada , Chinese , Canadian , Laurie-wright , Sharon-singh , Radha-curpen , Bennett-jones , Manpreet-dhillon

New Canadian Economic Sanctions "Deemed Ownership" Rule Now in Force

On June 22, 2023, Budget Implementation Act, 2023, No. 1 formerly Bill C-47 received Royal Assent. Among the various other measures in this omnibus bill, the Act made significant amendments to Canada's autonomous sanctions statutes, the Special Economic Measures Act the SEMA and the Justice for Victims of Corrupt Foreign Officials Act the Magnitsky Law, to clarify ownership and control rules for purposes of sanctions imposed under the SEMA and the Magnitsky Law.

Canada , Canadian , Jessica-horwitz , Sabrinaa-bandali , Kathleen-wang , Laurie-wright , National-revenue , Analysis-centre-of-canada , Foreign-affairs , Bennett-jones-international-trade-investment , Written-by-jessica-horwitz , Budget-implementation-act

CBSA Proposes "Last Sale" Rule for Customs Valuation

The Canada Border Services Agency CBSA is proposing to fundamentally change Canadian customs valuation rules in draft amendments to the Valuation for Duty Regulations, SOR/86-792 VFD Regulations published on May 27, 2023. While the stated purpose of the draft amendments targets the valuation of goods by non-resident importers by valuing goods based on the last sale in a series of transactions resulting in the importation of goods into Canada, as drafted, the amendments will also affect Canadian resident importers.

United-states , Canada , Canadian , Jessica-horwitz , Ethan-gordon , George-reid , Sabrinaa-bandali , Darrel-pearson , Supreme-court , Mattel , Canada-border-services-agency , Bennett-jone-international

Canada Introduces Mandatory Forced Labour Prevention Reporting Legislation

Today, the House of Commons 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 the Act. The Act introduces a public reporting requirement that will apply to many government institutions and private sector entities.

Canada , Canadian , Laurie-wright , Sharon-singh , Jessica-horwitz , Radha-curpen , Sabrinaa-bandali , Bennett-jones , Written-by-sabrina , Fighting-against-forced-labour , Child-labour

Canadian Government Introduces Legislation to Add Sanctions 50% Rule and Update Rules on Ownership and

Canada's Federal Government introduced Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023, containing some potentially significant amendments to certain Canadian economic sanctions legislation, namely the Special Economic Measures Act SEMA and the Justice for Victims of Corrupt Foreign Officials Act Magnitsky Law, which introduce new legal tests with the apparent intention of clarifying Canada's murky sanctions ownership and control rules.

Russia , Canada , United-states , United-kingdom , Canadians , Canadian , Russian , Bennett-jones , Sabrinaa-bandali , Laurie-wright , Jessica-horwitz , Angophora-holdings