As global supply chains come under increasing scrutiny, Canadian businesses continue to face legal obligations under the federal government’s Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Canadian Modern Slavery Act” or the “Act”), which came into force on January 1, 2024. The Act imposes annual reporting requirements on certain government institutions and entities involved in producing or importing goods in Canada or abroad. With the second reporting cycle deadline of May 31, 2025, fast approaching, are you ready to comply?

This is the fourth publication in a series of articles that Miller Thomson LLP has released regarding the Canadian Modern Slavery Act. For more information on the reporting obligations imposed under the Act, please see our articles from August 2023, December 2023, March 2024, and November 2024.

Who must report under the Act?

Any non-governmental entity involved in producing goods in Canada or abroad, importing goods into Canada that were produced elsewhere, or controlling an entity engaged in such activities—and that is either listed on a Canadian stock exchange or has a business presence in Canada and meets at least two of the following thresholds:

  • CAD $20 million in assets
  • CAD $40 million in revenue; or
  • an average of 250 employees,

based on its consolidated financial statements for at least one of its two most recent financial years (a “Reporting Entity”)—is required to submit an annual report in accordance with the Act.

Any Reporting Entity—including its directors, officers, or agents—that: (1) fails to file or publish its annual report by May 31; (2) obstructs an investigation; or (3) provides false or misleading information, commits an offence punishable by summary conviction and may be fined up to $250,000. Public Safety Canada, the Agency in charge of the Act, has stated that for the 2025 reporting cycle, it will continue to prioritize compliance, promotion, and awareness to enhance the quality of reporting under the Act.

Key steps to meet the reporting requirements:

To prepare for the rapidly approaching reporting deadline, entities should take the following steps:

  • Determine Applicability: Confirm whether the entity is subject to the Act and qualifies as a Reporting Entity based on the criteria outlined above.
  • Gather Relevant Information: Collect details about the entity’s structure, supply chains, labour policies, risk areas and mitigation measures, remediation efforts, employee training, and methods used to assess the effectiveness of measures taken to prevent forced and child labour during the Reporting Entity’s most recently completed financial year.
  • Prepare the Report: Draft a report that addresses all mandatory requirements set out in the Act.
  • Obtain Approval: Have the report approved by the entity’s governing body, such as its board of directors.
  • Submit via the Government Portal: Complete the online questionnaire and submit the final, approved report together with the questionnaire through the government’s online portal.
  • Publish on your Website: Post the report prominently on the Reporting Entity’s website and, where applicable, provide a copy to shareholders.

Conclusion

Beyond compliance, your reporting can demonstrate leadership in ethical supply chain practices. Take the time to ensure accuracy — protecting your organization’s reputation in the process. Failure to submit the annual report may result in significant penalties. Timely, accurate reporting and proper internal review are essential to ensure compliance and mitigate legal and financial risks.

Organizations are encouraged to take this opportunity to demonstrate strong governance and due diligence in global supply chains—not only to meet their legal responsibilities, but also to signal ethical leadership within their industry.

If you would like clarification on any of the above or would like assistance with compliance under the Canadian Modern Slavery Act, please don’t hesitate to reach out to Miller Thomson’s ESG and Carbon Finance Group.