Host: Warrington Ellacott

Canada is moving quickly on several legislative fronts that could reshape how importers, exporters, manufacturers, and distributors manage trade compliance. In this episode, Warrington Ellacott is joined by Yannick Trudel, Partner at McMillan LLP in Montreal, to unpack three bills recently tabled in Parliament: Bill C-35, Bill C-34, and Bill C-36.

The main focus is Bill C-35, a proposed forced labor enforcement measure that could significantly expand the Canada Border Services Agency’s powers and shift the burden of proof onto importers and owners of goods. The discussion compares Canada’s approach with the U.S. UFLPA framework and highlights why supply chain documentation, supplier certifications, tariff classification consistency, and rapid response readiness are becoming more important than ever.

The episode also touches on Canada’s emerging digital safety and consumer data privacy proposals, including how data localization and cross-border data flow rules may create new trade tensions under USMCA. For companies trading into Canada, the message is clear: review the bills, prepare documentation, and be ready for a more enforcement-driven environment.

This episode explores Canada’s proposed shift from forced labor reporting obligations toward stronger border enforcement. Bill C-35 would introduce a more presumptive approach to forced labor risk, potentially relying on lists of countries, regions, entities, or commodities linked to forced labor. If enacted, the bill could require importers and owners to prove that goods were not produced with forced labor.

Warrington and Yannick also discuss the broader compliance environment, including Canada’s existing S-211 forced labor reporting obligations, the role of CBSA, potential appeal limitations under the proposed bill, and what U.S. and Mexican traders should expect when doing business with Canadian partners.

The conversation closes with a look at Bills C-34 and C-36, especially the potential trade implications of consumer data protection, digital safety rules, data sovereignty, and cross-border data flows.

• Bill C-35 could shift the burden of proof from CBSA to importers and owners of goods.

• Importers may need stronger supplier documentation, certificates, and proof of supply chain due diligence.

• Canada may develop forced labor risk lists based on countries, regions, companies, or commodities.

• Consistent tariff classification and customs declarations across borders will become increasingly important.

• Proposed appeal limitations could make CBSA enforcement decisions harder to challenge.

• Bills C-34 and C-36 may create indirect trade implications for companies operating online or handling consumer data in Canada.

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