Credible evidence

In Canadian federal procurement, credible evidence means evidence from a reliable source that substantiates a determination. Its best-documented use is in anti-forced-labour contract clauses, where the question is whether goods were produced wholly or partly using forced labour or human trafficking.

The standard has two parts. The evidence must be credible, and it must come from a reliable source. The wording appears in Public Services and Procurement Canada (PSPC) material and is tied to the Government of Canada's Code of Conduct for Procurement and to the Crown's contractual right to terminate.

Credible evidence in PSPC anti-forced-labour clauses

Since November 2021, PSPC has included anti-forced-labour requirement clauses in all goods contracts it administers. These clauses address goods produced wholly or partly using forced labour or human trafficking. They allow contract termination where there is credible evidence from a reliable source. The clauses and their use are described in the PSPC supply chain annual report.

Credible evidence is therefore the trigger. Without it, the termination right in these clauses does not apply. With it, the Crown has a contractual basis to end the contract.

What the reliable source requirement means

The phrase is not simply “evidence.” It requires evidence from a reliable source. A determination has to rest on information whose origin can be trusted, not on assertion alone. PSPC's guidance for the task-based services supply arrangement uses the same formulation. It states that a determination must be grounded in credible evidence from a reliable source. The wording is on the PSPC task-based supply arrangement page.

The same two-part wording in both the goods-contract clauses and the supply-arrangement guidance shows it is a consistent PSPC standard for grounding determinations.

How it connects to the Code of Conduct for Procurement

Canada's Code of Conduct for Procurement applies at both the planning and implementation stages of departmental procurement. The anti-forced-labour clauses carry that policy into the contract itself. PSPC is the Government of Canada's central purchasing agent. It administers goods contracts for itself and for other federal clients, so the clauses reach a wide range of federal purchases of goods.

The usage is federal and tied to goods procurement. It sits in PSPC-administered contracts and PSPC supply arrangement guidance.

What credible evidence means for a supplier

A supplier selling goods under a PSPC-administered contract is bound by the anti-forced-labour clause. If credible evidence from a reliable source shows the goods were produced wholly or partly using forced labour or human trafficking, the contract can be terminated.

• Read the clause. Confirm that the anti-forced-labour requirement is in your contract and understand the termination right it creates.
• Know your supply chain. Keep records that can support the origin of the goods you supply and the conditions under which they were produced.
• Check subcontractors and manufacturers. The clause concerns how goods were produced, so upstream production matters as much as your own operations.
• Respond with reliable information. Since the standard turns on the reliability of the source, documentation from trustworthy origins carries the most weight.

Bid teams should treat the clause as a standing condition of goods contracts with PSPC, not as a one-time declaration at bid stage.