Human trafficking offence

A human trafficking offence is a criminal offence involving conduct that legally constitutes human trafficking. NATO uses the form "trafficking in human beings" and defines it as the recruitment, transportation, transfer, harbouring or receipt of persons, carried out by specified means, for the purpose of exploitation. NATO treats it as a serious human-rights violation and an offence against human dignity.

For Canadian suppliers, the term matters because of how Public Services and Procurement Canada (PSPC) handles supplier eligibility. PSPC's Policy on Suspension and Debarment of Suppliers can suspend or debar suppliers charged with or convicted of certain criminal offences, including offences related to forced labour and human trafficking. A charge or conviction of this kind can therefore affect whether a business can win and keep federal work.

How NATO defines trafficking in human beings

The NATO Policy on Combatting Trafficking in Human Beings sets out the definition. It has three parts: the acts, the means and the purpose.

• Acts: recruitment, transportation, transfer, harbouring or receipt of persons.
• Means: force, coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, or the giving or receiving of payments or benefits to obtain control over another person.
• Purpose: exploitation.

The definition describes the underlying conduct. An offence is the criminal charge or conviction that arises when that conduct is prosecuted.

Forms of exploitation covered

NATO's definition lists the minimum forms of exploitation that fall within trafficking in human beings:

• sexual exploitation
• forced labour or services
• slavery or practices similar to slavery
• servitude
• the removal of organs

Forced labour, slavery, servitude and sexual exploitation are closely related concepts, and modern slavery is a related term often used alongside them. For suppliers, the link to forced labour is the most practical one, because Canadian federal controls treat forced labour and human trafficking together.

NATO rules for forces, civilians and contractors

NATO places the fight against trafficking within its wider human security work. Its guidelines on combating trafficking prohibit forces operating under NATO command and control from engaging in or facilitating trafficking. The prohibition also applies to civilian personnel and contractors accompanying those forces. A contractor supporting a NATO-led operation is therefore covered by the same prohibition as the forces it supports.

How PSPC applies human trafficking offences in procurement

PSPC's annual report on preventing forced labour in supply chains describes three connected controls.

• Anti-forced-labour clauses: these are mandatory in new or amended goods contracts and call-ups.
• Code of Conduct for Procurement: PSPC incorporated it, along with the clauses, into new and amended contracts, standing offers and supply arrangements.
• Suspension and debarment: the policy can be applied to suppliers charged with or convicted of certain criminal offences, including offences related to forced labour and human trafficking.

The clauses also give PSPC remedies. Where credible information indicates that goods were produced wholly or partly through forced labour or human trafficking, PSPC can terminate a contract, set aside a standing offer, or suspend or cancel a supply arrangement.

What a human trafficking offence means for a supplier

If you bid on federal goods contracts, expect the anti-forced-labour clauses and the Code of Conduct for Procurement to form part of the contract, standing offer or supply arrangement. A charge or conviction for a human trafficking offence can expose a supplier to suspension or debarment. Credible information about trafficking or forced labour in your supply chain can lead to termination or cancellation. Bid teams should review these clauses before submitting. They should also confirm that supply chain practices and subcontractor arrangements are consistent with the commitments they make in the contract.