FAAE Committee Meeting
Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.
For an advanced search, use Publication Search tool.
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
Minutes of Proceedings
Conservative
Bloc Québécois
The committee commenced its clause-by-clause study of the Bill.
Pursuant to Standing Order 75(1), consideration of Clause 1 (short title) was postponed.
The Chair called Clause 2.
(a) by replacing lines 21 to 33 on page 2 with the following:
“er unincorporated organization that is listed on a stock exchange in Canada, has a place of business in Canada, does business in Canada or has assets in Canada, but does not include a non-profit organization or a labour union. (entité)”
(b) by adding after line 19 on page 3 the following:
“supply chain, in respect of an entity, includes any individual, entity or organization with which the entity has a relationship that is directly linked to its operations, products or services. (chaine d’approvisionnement)”
After debate, the question was put on the amendment of Heather McPherson and it was negatived on the following recorded division:
YEAS: Stéphane Bergeron, Heather McPherson — 2;
NAYS: Rachel Bendayan, Dave Epp, Garnett Genuis, Ron Liepert, John McKay, Randeep Sarai, Martin Shields, Maninder Sidhu, Sameer Zuberi — 9.
Clause 2 carried.
Clause 3 carried.
By unanimous consent, Clauses 4 to 10 inclusive carried severally.
(a) by replacing line 21 on page 6 with the following:
“tion to forced labour and child labour, including its code of conduct, if any;”
(b) by replacing lines 24 and 25 on page 6 with the following:
“and the steps it has taken to assess and eliminate that risk;
(c.1) a summary of any reports it received in relation to the use of forced labour or child labour in respect of which there is credible or trustworthy evidence, as well as the steps taken by the entity to remediate each occurrence;”
(c) by adding after line 32 on page 6 the following:
“(e.1) any consultations with communities affected by forced labour or child labour;”
After debate, the question was put on the amendment of Heather McPherson and it was negatived on the following recorded division:
YEAS: Stéphane Bergeron, Heather McPherson — 2;
NAYS: Rachel Bendayan, Dave Epp, Garnett Genuis, Ron Liepert, John McKay, Randeep Sarai, Martin Shields, Maninder Sidhu, Sameer Zuberi — 9.
(a) by replacing line 23 on page 6 with the following:
“carry a risk of forced labour or child labour being used, the way it identified that risk, any consultations with a third party with expertise in human rights”
(b) by adding after line 25 on page 6 the following:
“(c.1) the consultations it held with stakeholders, including industry, unions, employers, workers and worker advocacy groups, on measures to identify, prevent and mitigate the risk of forced labour or child labour being used in its activities or supply chains;
(c.2) any other risks relating to human rights it identified and the steps it has taken to give priority to and address those risks;
(c.3) the mechanisms it has put in place for the efficient and expeditious handling of information received or complaints or grievances filed in relation to the use of forced labour or child labour and the transparency and accessibility of those mechanisms;
(c.4) a summary of the complaints and grievances filed with it during the previous financial year and the steps taken to address them;
(c.5) the policies it has put in place to ensure that no reprisal action is taken against an employee or other stakeholder who provides it with information or files a complaint or grievance with it in relation to the use of forced labour or child labour;”
(c) by replacing line 3 on page 7 with the following:
“used in its business and supply chains, including the outcomes of its due diligence processes, relevant key performance indicators and, if necessary, an action plan for remedial measures.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Heather McPherson appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Rachel Bendayan, Dave Epp, Garnett Genuis, Ron Liepert, John McKay, Randeep Sarai, Martin Shields, Maninder Sidhu, Sameer Zuberi — 9;
NAYS: Stéphane Bergeron, Heather McPherson — 2.
Clause 11 carried on division.
By unanimous consent, Clauses 12 and 13 carried severally.
On Clause 14,
Heather McPherson moved, — That Bill S-211, in Clause 14, be amended(a) by replacing lines 9 and 10 on page 8 with the following:
“14 (1) The Minister must designate the Ombudsperson and may designate any other person or class of person for the purposes of the administration and enforce-”
(b) by adding after line 11 on page 8 the following:
“(2) In this Part, Ombudsperson means the Canadian Ombudsperson for Responsible Enterprise appointed under Order in Council P.C. 2019-1323 of September 6, 2019.”
After debate, the question was put on the amendment of Heather McPherson and it was negatived on the following recorded division:
YEAS: Stéphane Bergeron, Heather McPherson — 2;
NAYS: Rachel Bendayan, Dave Epp, Garnett Genuis, Ron Liepert, John McKay, Randeep Sarai, Martin Shields, Maninder Sidhu, Sameer Zuberi — 9.
Clause 14 carried on division.
Clause 15 carried on division.
Clause 16 carried.
Clause 17 carried.
Clause 18 carried.
On new Clause 18.1,
Heather McPherson moved, — That Bill S-211 be amended by adding after line 9 on page 10 the following new clause:“Complaints
18.1 (1) Any person may make a complaint to the Ombudsperson with respect to the use of forced labour or child labour in an entity's activities or supply chains.
(2) The person making the complaint may request that their identity, and any information that may reveal their identity, not be disclosed.
(3) The Ombudsperson must not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal their identity.
(4) The Ombudsperson may refuse to deal with the complaint if, in the Ombudsperson’s opinion, the complaint is trivial, frivolous or vexatious or made in bad faith.
18.2 A complaint under this Act must be made to the Ombudsperson in writing unless the Ombudsperson authorizes otherwise.
Investigations
18.3 (1) The Ombudsperson may conduct an investigation on receipt of a complaint under section 18.1 or on the Ombudsperson's initiative.
(2) The Ombudsperson may conduct an investigation only if, in the Ombudsperson’s opinion, there are reasonable grounds to believe that forced labour or child labour is or has been used in an entity's activities or supply chains.
(3) For the purpose of conducting the investigation, the Ombudsperson may
(a) in the same manner and to the same extent as a superior court of record,
(i) summon and enforce the attendance of persons before the Ombudsperson and compel them to give oral or written evidence under oath, and
(ii) compel persons to produce any documents or other things that the Ombudsperson considers relevant for the investigation; and
(b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.
(4) Evidence given by a person in the investigation and evidence of the existence of the investigation are inadmissible against the person in a court or in any other proceeding, other than in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ombudsperson.
(5) Before carrying out an investigation, the Ombudsperson must inform the entity concerned of the Ombudsperson’s intention to carry out the investigation.
(6) The Ombudsperson must give the entity a reasonable opportunity to make representations to the Ombudsperson.
(7) The Ombudsperson must immediately suspend an investigation under this section
(a) if the Ombudsperson discovers that a charge has been laid under an Act of Parliament or of the legislature of a province with respect to the subject-matter of the investigation; or
(b) if the Attorney General of Canada or the attorney general of a province certifies that the Ombudsperson’s investigation might interfere with an investigation by a peace officer.
(8) The Ombudsperson must not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.
18.4 (1) After completing or terminating an investigation, the Ombudsperson must submit a report to the Minister on the investigation, including the findings, conclusions and reasons for the Ombudsperson’s conclusions.
(2) In the report, the Ombudsperson may make recommendations to the Minister concerning any measures that could be taken to prevent forced labour or child labour from being used, including recommendations with respect to
(a) changes to the policies or due diligence processes of the entity concerned;
(b) prevention, mitigation or remediation action on the part of the entity; and
(c) possible amendments to federal laws or policies.
(3) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
By unanimous consent, Clauses 19 to 21 inclusive carried on division severally.
On new Clause 21.1,
Heather McPherson moved, — That Bill S-211 be amended by adding after line 34 on page 10 the following new clause:“21.1 If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.”
After debate, the question was put on the amendment of Heather McPherson and it was negatived on the following recorded division:
YEAS: Stéphane Bergeron, Heather McPherson — 2;
NAYS: Rachel Bendayan, Dave Epp, Garnett Genuis, Ron Liepert, John McKay, Randeep Sarai, Martin Shields, Maninder Sidhu, Sameer Zuberi — 9.
Clause 22 carried.
By unanimous consent, Clauses 23 to 28 inclusive carried severally.
The Preamble carried.
Clause 1, Short Title, carried.
The Title carried.
The Bill was adopted on the following recorded division:
YEAS: Rachel Bendayan, Dave Epp, Garnett Genuis, Ron Liepert, John McKay, Randeep Sarai, Martin Shields, Maninder Sidhu, Sameer Zuberi — 9;
NAYS: Stéphane Bergeron, Heather McPherson — 2.
It was agreed, — That the Chair report the Bill to the House on the following recorded division:
YEAS: Rachel Bendayan, Stéphane Bergeron, Dave Epp, Garnett Genuis, Ron Liepert, John McKay, Randeep Sarai, Martin Shields, Maninder Sidhu, Sameer Zuberi — 10;
NAYS: Heather McPherson — 1.
ORDERED, — That the Chair report the Bill to the House.
At 4:54 p.m., the sitting was suspended.
At 5:07 p.m., the sitting resumed.
On motion of Rachel Bendayan, it was agreed, — That the committee proceed to sit in camera.
At 5:09 p.m., the sitting was suspended.
At 5:18 p.m., the sitting resumed in camera.
It was agreed, — That, in relation to the study of the violations of human rights driving migration in Central and South America, the proposed budget of the subcommittee on International Human Rights in the amount of $ 106,732.00, for the committee’s travel to United States of America and Colombia in winter 2023, be adopted.
The committee commenced consideration of a draft report.
At 5:33 p.m., the committee adjourned to the call of the Chair.