Reporting obligations under the Fighting Against Forced Labour and Child Labour in Supply Chains Act 2023-2024

Part 1: Identifying information

Canadian Transportation Agency
April 1, 2023 – March 31^st, 2024
This is an original report.
This report is not produced by a federal Crown corporation or a subsidiary of a federal Crown corporation.

Part 2: Report contents

2.1 Information on the government institution’s structure, activities and supply chains

The Canadian Transportation Agency (CTA) is an independent regulator and quasi-judicial tribunal with the powers of a superior court. It operates within the context of the very large and complex Canadian transportation system.

The CTA's responsibilities are:

• To help ensure that the national transportation system runs efficiently and smoothly in the interests of all Canadians: those who work and invest in it; the producers, shippers, travellers, and businesses who rely on it; and the communities where it operates.
• To provide consumer protection for air passengers.
• To protect the human right of persons with disabilities to an accessible transportation network.

The CTA is comprised of up to five permanent and three temporary Members who act like administrative judges, and are appointed by the Governor‐in‐Council, as well as about 330 employees.

At the CTA, approximately 21% of total annual contracts are for purchases of goods for which 83% were made using Public Service and Procurement Canada (PSPC) tools such as Standing Offers and Supply Arrangements (SOSA). Of these contracts, 92% are for goods purchased in Canada, with the remainder being purchased outside of Canada.

Since November 2021, PSPC implemented anti-forced labour clauses in all goods contracts to ensure that it can terminate contracts where there is credible information that the goods have been produced in whole or in part by forced labour or human trafficking. Additionally, since November 20, 2023, all PSPC Standing Offers and Supply Arrangements for goods that have been issued, amended, or refreshed include anti-forced labour clauses.

As such, all of the CTA's contracts for goods resulting from the use of these tools include clauses relating to forced labour which set out, among other things, human rights and labour rights requirements. These clauses can be found in the policy notification 150 - Anti-forced labour requirements.

2.2 Information on the steps taken 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

The CTA has integrated PSPC’s updated General Conditions for goods contracts and PSPC’s Code of Conduct for Procurement in their purchasing activities.

In addition, to prevent and reduce the risk of forced and/or child labour in their procurement activities, the CTA has used the following list of PSPC’s tools: Standing Offers and Supply Arrangements.

While PSPC supports government institutions in their daily operations by acting as the central purchasing agent for the Government of Canada, CTA undertakes activities under its own procurement authority, while leveraging PSPC tools.

The CTA does not engage in goods procurement outside of the above-mentioned tools. All goods procurement is performed in accordance with rules and regulation established by the PSPC contracting authorities.

2.3 Information on the policies and due diligence processes in relation to forced labour and child labour

The CTA has not yet developed internal policies or procedures in relation to forced and/or child labour.

Pursuant to the amendments of Treasury Board Directive on the Management of Procurement, the CTA has integrated the Code of Conduct for Procurement into their procurement activities, with a view to safeguarding federal procurement supply chains from forced and/or child labour. Contracts that the CTA has awarded included the Code through the General Conditions for goods.

2.4 Information on the parts of its activities and supply chains that carry a risk of forced labour or child labour being used and the steps taken to assess and manage that risk

The CTA has not started the process of identifying risks of forced and/or child labour.

Following the risk analysis of PSPC's supply chains conducted in May 2021, which determined which goods were at the highest risks of exposure of forced and/or child labour, the CTA is monitoring the related recommended actions for future implementation in their procurement processes.

2.5 Information on any measures taken to remediate any forced labour or child labour

The CTA has not taken any remediation measures as it has not identified any potential for forced and/or child labour in their procurement activities and supply chains.

2.6 Information on 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 the institution’s activities and supply chains

The CTA has not taken any remediation measures as it has not identified any loss of income to vulnerable families resulting from measures taken to eliminate the use of forced and/or child labour in their activities and supply chains.

2.7 Information on the training provided to employees on forced labour and child labour

The CTA does not currently provide training to employees on forced and/or child labour.

The CTA is aware that PSPC is currently developing awareness-raising guidance materials (including risk mitigation strategies) for suppliers, targeted towards high-risk sectors. The CTA is monitoring the development of these materials and will leverage these resources upon their publication.

2.8 Information on 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

The CTA does not currently have policies and procedures in place to assess the effectiveness of ensuring that forced and/or child labour are not being used in its activities and supply chains.