Anaya Nolan
Child labour laws in Canada were enacted at the beginning of the 20th century, outlawing the employment of children. Canada has since ratified several international human rights treaties relevant to child labour, including the ILO Convention on the Worst Forms of Child Labour and the Minimum Age for Admission to Employment. In addition, Canada has contributed to global efforts to combat child labour and passed the Fighting Against Forced Labour and Child Labour in Supply Chains Act, which came into force on January 1, 2024. This Act requires companies doing business in Canada to file annual reports detailing their efforts to prevent and mitigate forced labour and child labour in their supply chains.
| Characteristics | Values |
|---|---|
| Child labor laws | Outlawed the employment of children at the beginning of the 20th century |
| International collaboration | Canada works with international partners to combat child labor internationally |
| International treaties | Canada has ratified international human rights treaties relevant to child labor, including ILO conventions and the CRC |
| Fighting Against Forced Labour and Child Labour in Supply Chains Act | Requires entities to report steps taken to prevent and mitigate the use of forced and child labor in their supply chains; came into effect on January 1, 2024 |
| Penalties | Companies may face fines up to $250,000 for non-compliance with the above Act |
| Definition of child labor | Services provided by those under 18 under illegal, dangerous, or interfering with education circumstances |
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What You'll Learn
Child labour laws in Canada
Internationally, Canada has ratified several international human rights treaties relevant to child labour, including the Convention on the Rights of the Child (CRC) and its optional protocols, and the International Labour Organization's (ILO) Convention 182 on the Worst Forms of Child Labour, which Canada helped draft and ratified in 2000. Additionally, Canada contributed to the Roadmap for Achieving the Elimination of the Worst Forms of Child Labour, adopted at the Global Child Labour Conference in May 2010. Canada's efforts to prevent and reduce child labour focus on reducing poverty through development aid and cooperation, promoting affordable access to primary education, child protection, good governance, and improvements in the status of women.
Domestically, Canada has introduced legislation to address child labour in supply chains. The Fighting Against Forced Labour and Child Labour in Supply Chains Act came into force on January 1, 2024. This legislation requires government institutions and covered Canadian entities to submit annual reports detailing their efforts to prevent and mitigate the use of forced labour and child labour in their supply chains. The reports are submitted to the Minister of Public Safety and Emergency Preparedness and posted on an online register. The Act also includes penalties for non-compliance or misleading statements.
To assist businesses in determining whether they need to comply with the Act, the Canadian government has provided guidance on what constitutes "doing business in Canada." This guidance considers factors such as tax and employment records, the location of goods production, sales, distribution, employees, and assets. Businesses that meet the criteria must prepare filings and submit detailed reports outlining their structure, activities, supply chains, policies regarding forced or child labour, and steps taken to reduce the risk of using child labour.
Canada's efforts to combat child labour extend beyond legislation, with organizations like Health Canada actively working to prevent and mitigate the risks associated with forced labour and child labour in their procurement processes. Health Canada has integrated anti-forced labour clauses into its contracts and is conducting research and analysis to further mitigate these risks.
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International efforts to combat child labour
Child labour remains a persistent issue in the world today, with nearly 1 in 10 children subjected to it. This accounts for roughly 160 million children, with the latest estimates suggesting that nearly half of these children are engaged in hazardous work that directly endangers their health and safety. While significant strides have been made in reducing child labour over the past two decades, recent reversals in this trend underscore the need to unite and expedite actions to eradicate child labour.
UNICEF plays a crucial role in preventing and managing the risks that lead to child labour. They work with social service workers to respond to potential child labour situations through case management and social protection services, including early identification, registration, and rehabilitation. UNICEF also strengthens parenting and community education initiatives to address harmful social norms that perpetuate child labour and partners with governments to prevent violence, exploitation, and abuse. Additionally, UNICEF collects data to make child labour visible to decision-makers and strengthens birth registration systems, ensuring children have birth certificates proving they are under the legal age to work.
The United Nations has designated a World Day Against Child Labour to raise awareness and spur action. The international community has committed to Sustainable Development Goal Target 8.7, aiming to eliminate child labour in all its forms by 2025. This includes addressing the root causes of child labour, such as poverty, by calling for comprehensive social protection, easier access to credit for poor households, and the promotion of decent work for adults. Governments play a critical role in enforcing laws that protect children, investing in child-focused programs, and prioritising education to ensure children can return to school after disruptions.
The U.S. Department of Labor's Office of Forced Labor, Child Labor, and Human Trafficking also contributes to international efforts by collecting information from various sources, including national governments, international organisations, businesses, and the general public. These reports provide actionable data to stakeholders such as foreign governments, companies, civil society organisations, and consumers, enabling them to strengthen laws, conduct risk assessments, and make informed decisions to combat child labour and forced labour worldwide.
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Child labour in supply chains
Canada has ratified several international human rights treaties relevant to child labour, including the ILO Convention on the Worst Forms of Child Labour and the Convention on the Rights of the Child (CRC). The country has also contributed to the Roadmap for Achieving the Elimination of the Worst Forms of Child Labour, adopted at the Global Child Labour Conference in 2010.
Canada's Fighting Against Forced Labour and Child Labour in Supply Chains Act came into force on January 1, 2024. The Act requires any government institution or entity producing, purchasing, or distributing goods in Canada or elsewhere to submit an annual report to the Minister of Public Safety. The report must detail the steps taken to prevent and mitigate the risk of forced labour or child labour in their supply chains. This includes identifying parts of the supply chain that carry a risk of forced or child labour and outlining measures to manage and remediate this risk.
The Act also applies to businesses operating in Canada or selling goods produced outside of Canada. These businesses must determine whether the Act applies to them and prepare a filing to ensure compliance. The report must include the structure, activity, and supply chain of the entity, as well as its policies and steps taken to reduce the risk of child labour.
Health Canada, for example, has integrated the Act's Code into its procurements to safeguard its supply chains from forced and child labour. Contracts include clauses that require vendors and subcontractors to comply with Canadian laws prohibiting the importation of goods produced, in whole or in part, by forced or compulsory labour, including child labour.
Canada's Act is similar to the Uyghur Forced Labour Prevention Act in the US and Germany's Act on Corporate Due Diligence Obligations in Supply Chains, which aim to address human rights issues in supply chains.
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Businesses and child labour
Child labour laws in Canada were enacted at the beginning of the 20th century, outlawing the employment of children. However, Canadians continue to be affected by child labour today, especially due to the complex nature of supply chains. To address this issue, Canada has ratified several international human rights treaties, including the ILO Convention on the Worst Forms of Child Labour and the UN resolutions on the rights of children.
Canada's Fighting Against Forced Labour and Child Labour in Supply Chains Act, which came into force on January 1, 2024, is a significant piece of legislation addressing this concern. This Act requires businesses operating in Canada or with a place of business in Canada to determine their applicability and prepare a filing to ensure compliance. The Act stipulates that entities must report on their structure, activities, supply chain management, policies regarding forced or child labour, and any steps taken to reduce the risk of utilising such practices. The report must be submitted annually by May 31 to the Minister of Public Safety, who has the authority to enforce the law and designate individuals to enter premises with reasonable grounds for suspicion.
The Act defines child labour as services provided by those under 18 under circumstances that are illegal in Canada, dangerous, interfere with education, or constitute the worst forms of child labour as defined by the 1999 Worst Forms of Child Labour Convention. Businesses must be vigilant in assessing their supply chains, as child labour can exist in any step of the production process, even if it occurs outside of Canada.
To further combat child labour, Canada has contributed to international efforts, such as the Roadmap for Achieving the Elimination of the Worst Forms of Child Labour, and supported projects promoting education, child protection, good governance, and improvements for women, all of which contribute to the well-being of children.
Overall, Canada is actively addressing child labour issues through legislation, international collaboration, and projects aimed at reducing the underlying causes of child labour.
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Child labour and human rights
Child labour is a pressing human rights issue, and Canada has taken several steps to address it both domestically and internationally. On the international front, Canada has ratified several treaties and conventions relevant to child labour, including the Convention on the Rights of the Child (CRC) and its optional protocols, the International Labour Organization's (ILO) Convention 182 on the Worst Forms of Child Labour, and Convention 138 on the Minimum Age for Admission to Employment. Canada has also contributed to the development of international frameworks to combat child labour, such as the Roadmap for Achieving the Elimination of the Worst Forms of Child Labour.
In terms of domestic legislation, Canada has implemented laws such as the Fighting Against Forced Labour and Child Labour in Supply Chains Act, which came into force on January 1, 2024. This Act requires government institutions and businesses operating in Canada to submit annual reports detailing their efforts to prevent and mitigate the risks of child labour in their supply chains. The Act also gives the Minister of Public Safety enforcement powers to ensure compliance. Additionally, Canada's Free Trade Agreements include a commitment to abolish child labour, and the country has supported UN resolutions on protecting children's rights and preventing violence against children.
Canada's approach to corporate social responsibility abroad is guided by its commitment to human rights. Under the Official Development Assistance Accountability Act, all Canadian official development assistance must align with international human rights standards. Global Affairs Canada funds projects that promote affordable access to education, child protection, good governance, and improvements in the status of women, all of which contribute to the overall well-being of children.
To further strengthen its stance against child labour, Canada has released the Children's Rights and Business Principles, encouraging Canadian companies to integrate these principles into their practices. This includes taking proactive measures to prevent and address child labour in their operations and supply chains. Additionally, Canada's Labour Program actively engages in international discussions on child labour, negotiates Labour Cooperation Agreements, and represents Canadian interests with the ILO.
While Canada has made significant strides in addressing child labour and upholding human rights, the ongoing challenge lies in effective implementation and enforcement of these laws and policies. Ensuring compliance from businesses and government institutions is crucial to making a tangible impact on the ground and protecting children's rights globally.
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Frequently asked questions
The Fighting Against Forced Labour and Child Labour in Supply Chains Act is a Canadian law that came into effect on January 1, 2024. It requires businesses and government institutions to file annual reports detailing their efforts to prevent and reduce the use of forced and child labour in their supply chains.
The Act applies to any company doing business in Canada, as well as any government institution producing, purchasing, or distributing goods in Canada or elsewhere.
Companies that fail to file a report or do not comply with the Act may face penalties of up to $250,000 in fines.
Child labour in Canada is defined as work performed by those under the age of 18 under circumstances that are illegal in Canada, dangerous, interfere with a child's education, or constitute the worst forms of child labour as defined by international conventions.
