Do you know Canada’s new rules on forced labour? Up until now, Canadian regulation on forced labour has impacted only a few sectors importing from China. The May 2023 approval of Bill S-211—a supply chain transparency law aimed at preventing and reducing the risk of forced labour and child labour, has farther-reaching implications. With these new supply chain transparency public reporting requirements, companies doing business in China may face heightened scrutiny, and the Canadian government has issued a business advisory concerning supply chains involving Xinjiang. Canada’s new rules facilitate scrutiny by internal and external stakeholders and require companies to consider what efforts they make to mitigate the risk of forced labour and child labour in their supply chains. The first reports are due in May 2024, and businesses should act now to enhance their risk assessments and due diligence efforts.

At a CCBC breakfast seminar in Toronto on June 28, 2023, Sabrina Bandali and Jessica Horwitz of Bennett Jones LLP, spoke about what these developments mean for businesses, the enforcement landscape, and shared practical tips to facilitate compliance, in a discussion moderated by Stephen Bowman, Vice Chair and Managing Partner, People and Talent, Bennett Jones LLP.

In-person attendees had an the opportunity to network with like-minded professionals, engage in fruitful discussions, and gain insights about successful implementation of responsible sourcing initiatives. Outside Toronto, a webinar option (with recording) was available.

Venue:
Bennett Jones LLP Toronto Office
3400, One First Canadian Place, Canada Boardrooms

About the Speakers:

Sabrina A. Bandali
Partner
Bennett Jones LLP

Sabrina A. Bandali helps Canadian and international clients navigate a broad range of international trade and investment law issues. She provides strategic advice related to free trade and investment protection agreements, customs law, foreign corrupt practices, export controls, economic sanctions, trade remedies, cross-border product regulatory and labelling, and international dispute settlement. She represents clients in a broad range of industries, including manufacturing, technology, consumer products, retail/fashion, life sciences, oil and gas, and agriculture.

Sabrina is a tenacious advocate for her clients. She has litigated matters before ad hoc international arbitration tribunals, the Canadian International Trade Tribunal, the Federal Court of Appeal, the Ontario Court of Appeal, and the Ontario Superior Court of Justice (including the Commercial List). She represents clients in trade verifications, trade remedy disputes, and appeals of customs valuation, tariff classification, and origin decisions by the Canada Border Services Agency.

As part of her advisory practice, Sabrina helps clients understand the tariff and non-tariff barriers to trade that affect importers and exporters. She develops practical strategies to optimize clients’ cross-border trade activity, including helping them navigate supply chain compliance risks. Sabrina assists businesses in designing and implementing anti-corruption, sanctions, and import/export compliance programs and conducts related internal investigations and audits.

Sabrina is an adjunct professor at the University of Toronto Faculty of Law, where she teaches domestic and international anti-corruption law.

Sabrina is a member of the Advocates’ Society, American Bar Association, Canadian Bar Association and Transparency International. She is a Past Chair of the Canadian Bar Association national Women Lawyers Forum.

Jessica B. Horwitz
Partner
Bennett Jones LLP

Jessica Horwitz is an advocate and business advisor for Canadian and international clients on complex and high-stakes matters relating to international trade, customs, import and export regulation and economic sanctions.

Jessica works with clients across a broad range of industries to creatively solve problems and resolve disputes concerning imports, exports and international investments. She has expertise in Canadian customs law, trade remedies (anti-dumping and countervailing duties and safeguard measures), cross-border excise taxes (GST/HST) and duties, bilateral and regional free trade agreements and WTO law, Canadian product regulation and labelling, export controlled goods and technology, national defence contracting and the Controlled Goods Program, Canadian economic sanctions, anti-money laundering, anti-terrorist financing and anti-corruption laws, forced labour compliance and supply chain integrity, and other cross-border issues.

Jessica appears regularly before the Canadian International Trade Tribunal (CITT) and the Federal Courts in customs appeals and trade remedy proceedings, and represents clients in trade verifications and enforcement matters involving the Canada Border Services Agency (CBSA), Global Affairs Canada, the Canadian Food Inspection Agency, the Royal Canadian Mounted Police, and other domestic and foreign regulatory and law enforcement agencies. She helps businesses to design and implement effective trade compliance programs and internal controls, and to conduct risk assessments, reviews and investigations related to trade, sanctions and anti-corruption compliance.

Jessica is ranked as Up and Coming by Chambers Global in the area of International Trade/WTO Law, a Key Lawyer in International Trade by Legal 500 Canada, and One to Watch in International Trade and Finance Law by Best Lawyers in Canada. She is an active member of legal organizations including the Canadian Bar Association and Ontario Bar Association International Law Sections, the American Bar Association Section of International Law and the Fellows of the American Bar Foundation, the Organization of Women in International Trade, and the Inter-American Bar Association. Jessica is on the board of directors of the Organization of Women in International Trade (OWIT), Toronto chapter. She is also is a past chair of the OBA International Law Section and a past co-chair of the ABA Section of International Law International Trade Committee and International Transportation Committee.

About the Moderator:

Stephen W. Bowman
Vice Chair and Managing Partner, People and Talent
Bennett Jones LLP

Stephen Bowman is Vice Chair and Managing Partner, People and Talent at Bennett Jones. He is a member of the firm’s tax department and leads the firm’s China and Asia initiatives. Stephen served as managing partner in Toronto for more than 13 years.

Stephen’s practice has included mergers, acquisitions, corporate restructuring, corporate finance, and trans-border transactions, with extensive experience in asset-based financing and equipment leasing. His practice also encompasses estate planning, where he advises Canadian domestic and foreign clients in connection with the establishment, operation and reorganization of estate planning structures, as well as with business, philanthropic and wealth succession planning.

Stephen has written and spoken on domestic and international tax planning matters and is a contributing author to Tax Policy in Canada, ed. by Mintz, McKenzie and Kerr, and to U.S. Taxation of Foreign Controlled Businesses, ed. by Marc M. Levey. He is a past president of the Canadian Branch of the International Fiscal Association. He is also a recipient of the Canadian Tax Foundation’s annual Douglas J. Sherbaniuk Distinguished Writing Award.

Stephen is Co-Chair of the International Bar Association’s Future of Legal Services Commission, past Chair of the IBA’s Law Firm Management Committee and a past member of the Council of the Section on Public and Professional Interest. He is the Chair of the Board of Directors of Greenwood College School and a member of the Board of Directors of the Canada China Business Council. He is also immediate past Chair of the Board of Trustees of the Royal Ontario Museum and a former director of the Royal Ontario Museum Foundation.