Background on Model Business Principles on Forced Labour, Labour Trafficking, and Illegal and Harmful Child Labour
The Model Business Principles emerged from the efforts of a CCCA working group convened to review the American Bar Association (ABA) Resolutions Model Business and Supplier Policies on Labor Trafficking and Child Labor. This group evaluated the applicability of these Resolutions to Canadian businesses and law and to consider the role of in-house counsel in combating labour abuses, including labour trafficking and child labour. The review focused on issues not directly addressed by current Canadian law and therefore did not include sex trafficking.
The working group reviewed the ABA Resolution, Canadian and International Laws and the status of business codes relating to the labour abuses identified. It found that some businesses have implemented codes of conduct to address labour abuses in their operations, others have not done so and currently there are no standard conduct codes that have been widely adopted by businesses formed under the Canadian law.
The group also identified two areas that needed additional consideration for applicability and use in Canada: 1) circumstances in which individuals are forced to work but are not trafficked over a geographical area; and 2) situations in which a child works for a family-owned and operated business. Accordingly, it added “Illegal and Harmful” language to the Model Business Principles and glossary to distinguish from permitted use of children in the workforce.
Canadian Bar Association Resolution and Model Canadian Business Principles
Resolution 16-03-M: Model Business Principles on Forced Labour, Labour Trafficking, and Illegal or Harmful Child Labour
CBA Submission: ILO Global Conference of Child Labour
Sample Model Business Policies to Combat Labour Abuses in Supply Chains
Food Industry:
Roundtable on Sustainable Palm Oil (RSPO) aims to transform the palm oil industry in collaboration with the global supply chain, to put it on a sustainable path. The organization's Principles & Criteria (attached) include a policy on child labour (including a recognition of the involvement of children in family farming).
Canadian members of the RSPO include Loblaws, Weston Foods Inc., and Tim Hortons Inc.
Construction Building Products:
DIRTT Environmental Solutions offers a high level policy/commitment statement against child labour, but does not publicly share a more in-depth sourcing policy.
Paper Products:
Kruger Products (tissue products) offers a high level commitment to avoid sourcing wood fibre from areas where contraventions of ILO’s 1998 Declaration on Fundamental Principles and Rights at Work occur. Kruger does not publicly share a more in-depth sourcing policy.
Jewelry/Mining:
Jared Jewelers provides a policy on, and high level explanation for how they avoid, conflict diamonds.
Initiative for Responsible Mining Assurance is a multi-national initiative started in Vancouver that works to establish a multi-stakeholder and independently verified responsible mining assurance system that improves social and environmental performance. IRMA is in the process of developing draft standards for mining companies, which include commitments regarding child labour.
Financial Industry and Regulators:
Autorité des marchés financiers (AMF) is the body mandated by the Québec government to regulate Québec’s financial markets and assist consumers of financial products and services. The AMF oversees, in an integrated manner, the areas of insurance, securities, derivatives, deposit institutions—other than banks—and the distribution of financial products and services.
Template Model Business Policy to Combat Labour Abuses in Supply Chains
Under development
Sample Contractual Provisions to Combat Labour Abuses in Supply Chains
Under development
Template Contractual Provisions to Combat Labour Abuses in Supply Chains
Under development
Sample Corporate Codes of Conduct
Template Corporate Code of Conduct Provisions to Address Labour Abuses in Supply Chains
DuPont Statement: Child and Forced Labor
Sample Corporate Disclosure Regarding Labour Abuses in Supply Chains
Under development
Additional Resources
Sample Child Forced Labour Clause:
The Vendor represents and warrants to Dealer that the Products are not produced, manufactured, assembled or packaged by the use of forced labour, prison labour or forced or illegal child labour and that the Products were not trans-shipped for the purpose of mislabeling, evading quota or country of origin restrictions or for the purpose of avoiding compliance with forced labour, prison labor or child labor laws.