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Clauses for procurement contracts: Anti-forced labour requirements

To help prevent human trafficking and forced labour in federal supply chains, clauses have been developed for use in procurements. They are mandatory for Public Services and Procurement Canada (PSPC). Other Government of Canada departments can also use them in their procurements.

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  • Goods contracts
    1. Contractor's Statement. The Contractor states that the Work is not mined, manufactured, or produced wholly or in part by forced labour. In performing the Contract and regardless of who acts as an importer, the Contractor must not, directly or indirectly, deliver Work to Canada or import Work into Canada the importation of which is prohibited under ss. 136(1) of the Customs Tariff and tariff item No. 9897.00.00 of the Customs Tariff - Schedule (as amended from time to time), because it is mined, manufactured, or produced wholly or in part by forced labour
    2. Effect of Tariff Classification Determination or Investigation. If a tariff classification determination is made under the Customs Act that the importation of the Work or any part of the Work is prohibited, the Contractor must immediately so notify the Contracting Authority. If the Work or any part of the Work is classified under tariff item no. 9897.00.00 of the Customs Tariff - Schedule as mined, manufactured, or produced wholly or in part by forced labour, Canada may immediately terminate the Contract for default. If the Contractor is aware that the Work, or any part of it, is being or has been investigated regarding whether it is prohibited from entry under to tariff item No. 9897.00.00, the Contractor must immediately notify the Contracting Authority of that investigation
    3. Canada's Reasonable Grounds for Termination. If Canada has reasonable grounds to believe the work was or is mined, manufactured, or produced in whole or in part by forced labour or was or is linked to human trafficking, Canada may terminate the Contract for default. Reasonable grounds for making such a determination may include
      1. Findings or Withhold Release Orders issued by the United States Customs and Border Protection, under the United States Trade Facilitation and Trade Enforcement Act (TFTEA) of 2015, or
      2. Credible evidence from a reliable source
    4. Contractor's Conviction in Canada of Specified Offences. Canada may terminate the Contract for default if the Contractor has, in the past 3 years, been convicted of any of the following offences under the Criminal Code or the Immigration and Refugee Protection Act:
      1. Criminal Code
        1. section 279.01 (Trafficking in persons)
        2. section 279.011 (Trafficking of a person under the age of 18 years)
        3. subsection 279.02(1) (Material benefit - trafficking)
        4. subsection 279.02(2) (Material benefit - trafficking of person under 18 years)
        5. subsection 279.03(1) (Withholding or destroying documents - trafficking)
        6. subsection 279.03(2) (Withholding or destroying documents - trafficking of person under 18 years), or
      2. Immigration and Refugee Protection Act
        1. section 118 (Trafficking in persons)
    5. Contractor's Conviction Abroad of Similar Offences. If the Contractor has, in the past 3 years, been convicted of an offence in a jurisdiction other than Canada that, in Canada's opinion, is similar to any of the offences identified in the immediately preceding clause entitled "Contractor's Conviction in Canada of Specified Offences", Canada may immediately terminate the Contract for default
    6. Determination of Similarity of Offences. For the purposes of determining whether a foreign offence is similar to a listed offence, Canada will take into account the following factors:
      1. in the case of a conviction, whether the court acted within its jurisdiction
      2. whether the Contractor was afforded the right to appear during the court's proceedings or to submit to the court's jurisdiction
      3. whether the court's decision was obtained by fraud, or
      4. whether the Contractor was entitled to present to the court every defence that the Contractor would have been entitled to present if the proceeding had been tried in Canada
    7. Representations from Contractor. If Canada intends to terminate the Contract under this section, Canada will so inform the Contractor and give the Contractor an opportunity to make written representations before making a final decision. Unless Canada establishes a different deadline, the Contractor must submit such written representations within 30 calendar days from receiving Canada's notice of concern

  • Contracts for services, research and development, and professional services
    1. Contractor's Statement. The Contractor states that the Work is not mined, manufactured, or produced wholly or in part by forced labour. In performing the Contract and regardless of who acts as an importer, the Contractor must not, directly or indirectly, deliver Work if it is mined, manufactured, or produced wholly or in part by forced labour
    2. Canada's Reasonable Grounds for Termination. If Canada has reasonable grounds to believe the Work was or is mined, manufactured, produced or carried out in whole or in part by forced labour or was or is linked to human trafficking, Canada may terminate the Contract for default. This determination is to be grounded in credible evidence from a reliable source
    3. Contractor's Conviction in Canada of Specified Offences. Canada may terminate the Contract for default if the Contractor has, in the past 3 years, been convicted of any of the following offences under the Criminal Code or the Immigration and Refugee Protection Act:
      1. Criminal Code
        1. section 279.01 (Trafficking in persons)
        2. section 279.011 (Trafficking of a person under the age of 18 years)
        3. subsection 279.02(1) (Material benefit - trafficking)
        4. subsection 279.02(2) (Material benefit - trafficking of person under 18 years)
        5. subsection 279.03(1) (Withholding or destroying documents - trafficking)
        6. subsection 279.03(2) (Withholding or destroying documents - trafficking of person under 18 years), or
      2. Immigration and Refugee Protection Act
        1. section 118 (Trafficking in persons)
    4. Contractor's Conviction Abroad of Similar Offences. If the Contractor has, in the past 3 years, been convicted of an offence in a jurisdiction other than Canada that, in Canada's opinion, is similar to any of the offences identified in the immediately preceding clause entitled "Contractor's Conviction in Canada of Specified Offences", Canada may immediately terminate the Contract for default
    5. Determination of Similarity of Offences. For the purposes of determining whether a foreign offence is similar to a listed offence, Canada will take into account the following factors:
      1. in the case of a conviction, whether the court acted within its jurisdiction
      2. whether the Contractor was afforded the right to appear during the court's proceedings or to submit to the court's jurisdiction
      3. whether the court's decision was obtained by fraud, or
      4. whether the Contractor was entitled to present to the court every defence that the Contractor would have been entitled to present if the proceeding had been tried in Canada
    6. Representations from Contractor. If Canada intends to terminate the Contract under this section, Canada will so inform the Contractor and give the Contractor an opportunity to make written representations before making a final decision. Unless Canada establishes a different deadline, the Contractor must submit such written representations within 30 calendar days from receiving Canada's notice of concern

  • Standing offers
    1. Offeror's Statement. The Offeror states that the goods or services or both offered and described in the Standing Offer are not mined, manufactured, or produced wholly or in part by forced labour. In performing the Call-up, the Offeror must not, directly or indirectly, provide services through the use of forced labour. Regardless of who acts as an importer, the Offeror must not, directly or indirectly, deliver offered goods to Canada or import offered goods into Canada the importation of which is prohibited under ss. 136(1) of the Customs Tariff and tariff item No. 9897.00.00 of the Customs Tariff - Schedule (as amended from time to time), because they are mined, manufactured, or produced wholly or in part by forced labour
    2. Effect of Tariff Classification Determination or Investigation. If a tariff classification determination is made under the Customs Act that the importation of the goods or any part of the goods are prohibited, the Offeror must immediately so notify the Standing Offer Authority. If the goods or any part of the goods are classified under tariff item no. 9897.00.00 of the Customs Tariff - Schedule as mined, manufactured, or produced wholly or in part by forced labour, Canada may set aside the Standing Offer in accordance with the sub-clause entitled "Set Aside on Default". If the Offeror is aware that the goods, or any part of the goods, are being or have been investigated regarding whether they are prohibited from entry under to tariff item No. 9897.00.00, the Offeror must immediately notify the Standing Offer Authority of that investigation
    3. Canada's Reasonable Grounds for Termination. If Canada has reasonable grounds to believe the goods or services or both were or are mined, manufactured, or produced in whole or in part by forced labour or were or are linked to human trafficking, Canada may set aside the Standing Offer. Reasonable grounds for making such a determination may include
      1. Findings or Withhold Release Orders issued by the United States Customs and Border Protection, under the United States Trade Facilitation and Trade Enforcement Act (TFTEA) of 2015, or
      2. Credible evidence from a reliable source
    4. Offeror's Conviction in Canada of Specified Offences. Canada may set aside the Standing Offer if the Offeror has, in the past 3 years, been convicted of any of the following offences under the Criminal Code or the Immigration and Refugee Protection Act:
      1. Criminal Code
        1. section 279.01 (Trafficking in persons)
        2. section 279.011 (Trafficking of a person under the age of 18 years)
        3. subsection 279.02(1) (Material benefit - trafficking)
        4. subsection 279.02(2) (Material benefit - trafficking of person under 18 years)
        5. subsection 279.03(1) (Withholding or destroying documents - trafficking)
        6. subsection 279.03(2) (Withholding or destroying documents - trafficking of person under 18 years), or
      2. Immigration and Refugee Protection Act
        1. section 118 (Trafficking in persons)
    5. Offeror's Conviction Abroad of Similar Offences. If the Offeror has, in the past 3 years, been convicted of an offence in a jurisdiction other than Canada that, in Canada's opinion, is similar to any of the offences identified in the immediately preceding clause entitled "Offeror's Conviction in Canada of Specified Offences", Canada may immediately set aside the Standing Offer
    6. Determination of Similarity of Offences. For the purposes of determining whether a foreign offence is similar to a listed offence, Canada will take into account the following factors:
      1. in the case of a conviction, whether the court acted within its jurisdiction
      2. whether the Offeror was afforded the right to appear during the court's proceedings or to submit to the court's jurisdiction
      3. whether the court's decision was obtained by fraud, or
      4. whether the Offeror was entitled to present to the court every defence that the Offeror would have been entitled to present if the proceeding had been tried in Canada
    7. Representations from the Offeror. If Canada intends to set aside the Standing Offer under this section, Canada will so inform the Offeror and give the Offeror an opportunity to make written representations before making a final decision. Unless Canada establishes a different deadline, the Offeror must submit such written representations within 30 calendar days from receiving Canada's notice of concern

  • Supply arrangements
    1. Offeror's Conviction in Canada of Specified Offences. Canada may suspend or cancel the Supply Arrangement in accordance with the clause entitled "Canada's Suspension or Cancellation of Qualification" if the Offeror has, in the past 3 years, been convicted of any of the following offences under the Criminal Code or the Immigration and Refugee Protection Act:
      1. Criminal Code
        1. section 279.01 (Trafficking in persons)
        2. section 279.011 (Trafficking of a person under the age of 18 years)
        3. subsection 279.02(1) (Material benefit - trafficking)
        4. subsection 279.02(2) (Material benefit - trafficking of person under 18 years)
        5. subsection 279.03(1) (Withholding or destroying documents - trafficking)
        6. subsection 279.03(2) (Withholding or destroying documents - trafficking of person under 18 years), or
      2. Immigration and Refugee Protection Act
        1. section 118 (Trafficking in persons)
    2. Offeror's Conviction Abroad of Similar Offences. If the Offeror has, in the past 3 years, been convicted of an offence in a jurisdiction other than Canada that, in Canada's opinion, is similar to any of the offences identified in the immediately preceding clause entitled "Offeror's Conviction in Canada of Specified Offences", Canada may suspend or cancel the Supply Arrangement
    3. Determination of Similarity of Offences. For the purposes of determining whether a foreign offence is similar to a listed offence, Canada will take into account the following factors:
      1. in the case of a conviction, whether the court acted within its jurisdiction
      2. whether the Offeror was afforded the right to appear during the court's proceedings or to submit to the court's jurisdiction
      3. whether the court's decision was obtained by fraud, or
      4. whether the Offeror was entitled to present to the court every defence that the Offeror would have been entitled to present if the proceeding had been tried in Canada
    4. Representations from the Offeror. If Canada intends to suspend or cancel the Supply Arrangement under this section, Canada will so inform the Offeror and give the Offeror an opportunity to make written representations before making a final decision. Unless Canada establishes a different deadline, the Offeror must submit such written representations within 30 calendar days from receiving Canada's notice of concern

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2026-08-21