Guidance for Government institutions

This information is for government institutions. Separate guidance is available for entities.

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Overview of the reporting process

Government institutions must complete the following steps ahead of the May 31 deadline.

1. Prepare a report

Government institutions should review the reporting requirements outlined in this guidance to respond to each of the Act's requirements. Refer to the list of questions in the online questionnaire to determine what information is required and what internal consultations may be necessary to develop your annual report in both Canadian official languages.

2. Complete online questionnaire

To submit an annual report, government institutions must complete the online questionnaire. The questionnaire collects information that responds to the Act's reporting requirements and is the mechanism for submitting an annual report to Public Safety Canada.

Government institutions must ensure that their responses to the questionnaire are accurate and that the information is consistent with their annual report.

3. Upload reports to online questionnaire

At the end of the questionnaire, government institutions will be prompted to upload their reports in both English and French as separate PDF files before selecting “submit”.

Government institutions will receive a confirmation email following submission, and will have the option to download a copy of their questionnaire responses.

4. Publish report to government institution's website

On providing a report to Public Safety Canada, the head of a government institution must publish their report in a prominent place on their website.

Submitted reports will also be made publicly available by Public Safety Canada in a searchable online catalogue.

Application of the Act

The Act defines government institution as having the same meaning as in section 3 of the Access to Information Act (AIA):

The Act defines head as heaving the same meaning as in section 3 of the AIA, which in respect of a government institution, means:

Reporting obligations apply to government institutions engaged in producing, purchasing or distributing goods in Canada or elsewhere.

Provincial and municipal governments are not subject to the reporting requirements as government institutions. However, some provincial Crown corporations and other provincial or municipal government bodies may fall under the definition of entity. It is the responsibility of each organization or body to determine whether they are considered reporting entities under the Act. Learn more about reporting requirements for entities.

Avoid common errors: Entity reporting as a government institution

The terms entity and government institution have specific meanings within the Act. Federal government departments, agencies and Crown corporations as defined in the Access to Information Act are considered government institutions for the purposes of the Act.

Other public organizations, such as provincial and municipal governments and publicly-funded universities and hospitals, do not meet the definition of government institution under the Act. These organizations should assess whether they meet the definition of “entity” under the Act and determine whether they are subject to the reporting obligations. For more information, see the application criteria for entities.

Only indicate that you are reporting on behalf of a government institution if your organization meets the definition as outlined in the Act.

Crown corporations

While federal Crown corporations could in some instances fall under the definition of entity and government institution, Crown corporations are ultimately accountable, through the appropriate Minister, to Parliament for the conduct of its affairs, as per section 88 of the FAA. As such, federal Crown corporations should submit their reports as government institutions, not as entities, and follow the corresponding guidance and reporting process.

Meaning of producing, purchasing and distributing goods

Government institutions should apply the ordinary sense of the words to judge whether they are engaged producing, purchasing or distributing goods.

Producing goods includes the manufacturing, growing, extracting and processing of goods.

Goods refers to tangible physical property that is the subject of trade and commerce, understood in the ordinary sense of the word. Real property, electricity, software services, and insurance products and plans are excluded from this definition.

The term purchasing is not explicitly defined in the Act, but it would include the goods bought by government institutions during the reporting period.

There is no definition of distribution in the Act. However, distribution may be understood as the process of collecting and supplying, transporting, or delivering goods to an end-user or consumer.

The terms as they are used in the Act are not intended to capture services that solely support the production, purchasing or distribution of goods, such as marketing, administrative services, financial services, software services and mail delivery.

There is no prescribed threshold for the minimum value of goods that a government institution must produce, purchase or distribute for the Act to apply. The terms as they are used in the Act should be understood as excluding “very minor dealings”. The meaning of “very minor dealings” may be interpreted in accordance with generally accepted principles for de minimis thresholds and evaluated within the context of each government institution's activities. Goods purchased using an acquisition card should be understood as excluded from the scope of the reporting obligation.

Submitting a revised report

A government institution may provide a revised version of the report at any time within one year of the applicable reporting deadline. Submitting a revised report allows government institutions to update the information provided should the situation change or should any new information become available. Government institutions may also submit a revised report if they need to make changes to their previously submitted questionnaire responses.

To submit a revised report, government institutions must complete the online questionnaire a second time. The questionnaire must indicate the date of revision and include a description of the changes made to the original report or questionnaire. Note that the previous version of the questionnaire responses will be deleted and cannot be recovered.

Questionnaire

To submit an annual report to the Minister of Public Safety, government institutions must complete the online questionnaire and upload their annual report in PDF format. Government institutions may complete the online questionnaire in either Canadian official language.

Government institutions will be asked to provide the name, title and email address of the person submitting the questionnaire. Public Safety Canada may use the contact information provided should it require additional details regarding the submission.

The questionnaire contains examples of measures and activities that can be undertaken to prevent and reduce the risk that forced labour or child labour is being used in government institutions' supply chains. The PDF annual report will also respond to each of the Act's reporting requirements however, it will allow government institutions to provide additional detail and information about the measures undertaken, if desired.

Please note that information you enter in any open text box field could be identifying information. In order to protect your privacy and the privacy of others, please do not add personal information of any kind in the open text areas.

Avoid common errors: Report incorrectly marked “revised”

Only indicate that you are submitting a revised report if you have already submitted a report to the Minister of Public Safety for the current reporting year and are re-submitting a report with changes. Do not state that your report is revised if you are completing the questionnaire for the first time this reporting year.

Using the questionnaire as a resource

Government institutions may use the questionnaire as a resource when developing their reports. The questionnaire is designed to collect information relevant to each of the requirements of the Act, so government institutions may refer to the list of questions as a guide for developing the content of the PDF report. The questionnaire also contains examples of measures and activities that can be undertaken to prevent and reduce the risk of forced labour or child labour in supply chains. Using the questionnaire in this way is optional.

In the PDF report, government institutions may include more detailed information and supplementary content (e.g., charts, graphs, etc.) that go beyond the basic requirements at their discretion.

Note that the PDF report and the questionnaire are separate requirements, and it is mandatory to complete both.

Avoid common errors: Submitting the questionnaire without a complete PDF report

Before completing the questionnaire, you must prepare a report in PDF format that meets all the requirements of the Act.

Questionnaire responses are used internally by Public Safety Canada to catalogue and analyze reports. The PDF report is the public-facing product published on the Public Safety Canada website and on the government institution's own website. This means that you must include all the necessary information to comply with the Act in your PDF report, as well as in your questionnaire responses.

A completed questionnaire alone won't meet the requirements. Ensure that both your questionnaire responses and your PDF report are complete before submitting.

Submission information

The questionnaire asks for the following information about the government institution and the report:

Data collected through the online questionnaire

The questionnaire collects information about the submission, such as the financial year for which the report was completed as well as information needed to comply with each of the Act's reporting requirements. Submission information also supports the search function in the catalogue. Public Safety Canada may also use this information for analytical purposes.

Questionnaire responses will be stored by Public Safety Canada and will be disposed of in accordance with the Policy on Service and Digital, the Access to Information Act, the Privacy Act and the Library and Archives Act.

Report requirements

A report must meet the following requirements to comply with the Act:

Mandatory information

Government institutions must, on or before May 31 of each year, submit a report to the Minister of Public Safety on the steps the government institution has taken during its previous financial year to prevent and reduce the risk that forced labour or child labour is used at any step of the production of goods produced, purchased or distributed by the government institution.

A reporting government institution must also include information on:

  1. Its structure, activities and supply chains
  2. Its policies and due diligence processes in relation to forced labour and child labour
  3. The parts of its activities and supply chains that carry a risk of forced labour or child labour being used and the steps it has taken to assess and manage that risk
  4. Any measures taken to remediate any forced labour or child labour
  5. Any measures taken to remediate the loss of income to the most vulnerable families that results from any measure taken to eliminate the use of forced labour or child labour in its activities and supply chains
  6. The training provided to employees on forced labour and child labour
  7. How the government institution assesses its effectiveness in ensuring that forced labour and child labour are not being used in its activities and supply chains

Steps to prevent and reduce risks of forced labour and child labour

The online questionnaire provides examples of measures that government institutions may take to prevent and reduce risks of forced labour and child labour but the list is not exhaustive.

Examples of relevant information include:

There may be overlap between the steps government institutions identify in this section and responses to subsequent, more specific questions, such as the questions on due diligence and on training for employees. This is expected and acceptable.

Requirement (a) – Structure, activities and supply chains

Structure refers to the government institution's legal and organizational form. When reporting on structure, government institutions may include the following details:

For the purposes of the Act, activities include all pursuits undertaken by the government institution in relation to the production, purchasing or distribution of goods.

When reporting on activities, government institutions may include information on:

The supply chain includes suppliers of goods and services that contribute to the production, purchase or distribution of goods by the government institution, from sourcing the raw materials to the final product. It includes direct and indirect suppliers and service providers, both in Canada and outside Canada. A government institution's supply chain does not include the end users or customers who purchase its products or services.

When describing their supply chains, government institutions should aim to describe the main types of goods the government institution produces, purchases or distributes. Reports should identify to the greatest extent possible the source countries or regions of origin of each of the goods and services used at each stage of the supply chain, if known.

Requirement (b) – Policies and due diligence processes

Due diligence is a process to identify and respond to the real and potential adverse impacts of activities throughout the supply chain. The OECD Due Diligence Guidance for Responsible Business Conduct provides that the due diligence process and its support measures involve the following steps:

The meaning of due diligence as it applies to government institutions may be interpreted to align with international human rights law obligations, as outlined in the United Nations Guiding Principles on Business and Human Rights.

The Guiding Principles specify that states have a duty to protect against human rights abuses within their territory and/or jurisdiction by third parties, including business enterprises. The duty to protect includes promoting respect for human rights by business enterprises with which the state conducts commercial transactions, including via procurement.

For more information on the meaning of due diligence and the ways a government institution can implement due diligence practices, see the list of additional resources.

Requirement (c) – Forced labour and child labour risks

The Act requires government institutions to identify parts of their activities and supply chains that carry a risk that forced labour or child labour is used, either in the government institution's own activities or those of its direct or indirect suppliers.

Identifying parts of a government institution's activities and supply chains that carry a risk does not mean indicating that forced labour or child labour was or is actually being used. Rather, government institutions are asked to show that they have considered how their activities and supply chains could contribute to risks that forced labour or child labour is used.

No sectors or industries involving the production, purchasing or distribution of goods are assumed to be entirely free of forced labour and child labour risks. The reporting exercise is intended to encourage transparency, not to penalize government institutions for having identified risks in their activities and supply chains. The purpose of reporting is not to certify that a government institution is “risk-free,” but rather to demonstrate that the government institution has taken steps to identify and address risks.

Government institutions may specify that they have identified potential risks related to a particular sector, industry, country or region; the production, purchasing or distribution of a particular good; or a particular step in the supply chain.

Government institutions should explain how they have identified potential risks (i.e., by mapping supply chains, conducting a risk assessment, etc.) and how they have dealt with the potential risks identified. Government institutions may do this for specific potential risks identified, or provide a general description of how they assess and manage potential risks.

Government institutions may choose to volunteer information about instances of forced labour or child labour that have been identified, but this is not mandatory. If this information is included, government institutions should ensure their report does not compromise any individual's privacy. For example, government institutions may describe their response to instances of forced labour or child labour using an anonymized case study.

Requirement (d) – Remediation measures

Remediation and remedy refer to both the processes of providing remedy for an adverse impact and to the substantive outcomes that can counteract, or “make good,” the adverse impact. In the case of business and human rights, which includes forced labour and child labour, remedies provided may take a range of forms, the aim of which will be to counteract or address any human rights harms that have occurred. 

Appropriate remedies vary depending on the circumstances; a list of examples of possible remediation measures can be found in the questionnaire.

As with reporting on risks of forced labour and child labour, the purpose of requiring government institutions to describe the measures they have taken to remediate any forced labour or child labour is to encourage transparency, not to penalize reporting government institutions.

If a government institution has assessed that there is no evidence of instances of forced labour or child labour in its activities and supply chains, they may select “not applicable” in the questionnaire.

If evidence of forced labour or child labour has been identified, but no remediation measures have been taken, it is sufficient to state this in the report.

For more information on the meaning of remediation, please see the United Nations Guiding Principles on Business and Human Rights and the list of additional resources.

Requirement (e) – Remediation of loss of income

Efforts to prevent and reduce risks of forced labour and child labour can have the unintended consequence of contributing to a loss of income for vulnerable families. Requirement (e) refers to any measures taken to remediate the loss of income to the most vulnerable families that results from any measure taken to eliminate the use of forced labour or child labour in a government institution's activities and supply chains.

As with requirement (d), if a government institution has judged that vulnerable families have not experienced loss of income as a result of steps the government institution has taken to eliminate forced labour or child labour risks, or if no remediation measures have been taken, then stating this in the report is sufficient to address this requirement.

Requirement (f) – Training

Training on forced labour and child labour may take a range of forms, from formal training courses to awareness-raising activities. When reporting on the training provided to employees, government institutions may choose to provide the following details:

In addition to describing the training provided to a government institution's direct employees, government institutions may choose to describe any training or awareness materials provided to partners or suppliers.

This list of examples is not exhaustive, and government institutions are encouraged to provide additional information, as appropriate.

Requirement (g) – Assessing effectiveness

Government institutions are required to report on how they assess their effectiveness, not to give the results of that assessment. The questionnaire provides a non-exhaustive list of examples including:

In their reports, government institutions should describe the policies and processes they have implemented to measure their success in preventing and reducing risks of forced labour and child labour in their activities and supply chains.

Formatting and publication

Government institutions are responsible for ensuring that their reports meet the requirements outlined in the Official Languages Act, the Policy on Communications and Federal Identity and the federal Procedures for Publishing.

Government institutions must submit their reports in the two Canadian official languages, as per the linguistic obligations relating to communications with and services to the public (Part IV) and language of work (Part V) under the Official Languages Act.

Government institutions may complete the questionnaire in the Canadian official language of their choice.

When submitting their reports, government institutions should upload two separate PDF files (one English version and one French version) using the two available fields in the questionnaire.

Avoid common errors: Report not submitted in both Canadian official languages

Government institutions must submit copies of their reports in both Canadian official languages, as per federal requirements. Reports not submitted in English and French will not be published on the Public Safety Canada website.

Format and length

The report must be submitted in PDF format and must not exceed 100MB in size. Government institutions must follow an alphanumeric naming convention for their reports. Reports submitted with special characters or in an unreadable font will not be published in the online catalogue.

Avoid common errors: Incorrect document format

Reports must be submitted in PDF format. Documents in other formats (such as Microsoft Suite Word, Excel or zip files) will not be published on the Public Safety Canada website.

Approvals

Government institutions are responsible for determining their own internal approvals process and securing any necessary approvals before their reports are submitted to Public Safety Canada.

There are no requirements for approvals prescribed in the Act, and a signed attestation is not a requirement for government institutions. The approvals process is at the discretion of each government institution.

Publishing a report on the government institution's website

On providing a report to Public Safety Canada, all government institutions are required to publish their report in a prominent place on their website. Government institutions may use their discretion in determining the appropriate place to include the report, but it must be readily accessible to members of the public.

Government institutions do not need to wait until their report is published in the online catalogue or until the Minister of Public Safety tables the annual report to Parliament before publishing their reports on their own websites.

For the purpose of transparency, government institutions are encouraged to maintain a repository of their annual reports even if the Act only requires the publication of the current annual report on their website.

Characteristics of a compliant report

A complete report will contain information that responds to each of the Act's requirements and that is consistent with the responses provided in the questionnaire.

A report may be deemed non-compliant if any of these elements are missing, or if information included in the report is found to be knowingly false or misleading.

There is no prescribed level of detail. Government institutions should use their discretion in determining the appropriate level of detail proportionate to their size and risk profile, respecting the specified size requirements for the report.

Government institutions can supplement the information provided in their reports by adding links to relevant websites and publicly available documents. For example, government institutions may provide links to:

Government institutions may also include charts, graphs or other visual aids in their reports.

Public Safety Canada recognizes that government institutions may be taking a range of actions related to human rights due diligence, environmental, social and governance (ESG) initiatives and other aspects of responsible business conduct (RBC) that are not specifically or exclusively focused on forced labour or child labour. Government institutions can include in their reports a description of these actions as they relate to purposes of the Act.

Government institutions are expected to provide responses that describe the concrete actions they have taken to address risks of forced labour and child labour, rather than purely aspirational statements. The report should focus on actions taken during the previous financial year and note where they are in the process of developing their response to forced labour and child labour, even if the measures have not yet been fully implemented.

The report will be a public-facing document, and government institutions are encouraged to use simple, clear language in their responses and to explain unfamiliar terms to make their report accessible.

Sensitive and personal information

Government institutions must not disclose personal or other sensitive information that could create legal risk or compromise the privacy of any persons.

In order to protect privacy, government institutions must not provide personal information of any kind in the open text box fields of the questionnaire or within their annual reports.

Avoid common errors: Including personal information in a report

Your PDF report should not include personal information. To protect privacy, do not include the personal information of employees of your organization or any other persons.

At the end of the questionnaire, you will be asked to provide the name, title and email address of the person submitting the report on your entity's behalf. Public Safety Canada may use the contact information provided should it require additional details regarding the submission. However, this information is for internal use only. It is not published on the Public Safety Canada website, and it should not be included in your PDF report.

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