Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Abolition of Forced Labour Convention, 1957 (No. 105) - Canada (Ratification: 1959)

Article 1(c) and (d) of the Convention. Further to its previous comments with respect to sections 243(1), 244(2) and (4), 245(1) and 246(2) of the Canada Shipping Act, which provide for the forcible return on board ship of deserters or those absent without leave, the Committee notes with interest the Government's statement in its report that the next miscellaneous Statutes Amendment Act is planned for mid-1990, and the appropriate deletions to these sections will then be made. The Committee hopes that the Government will soon be able to indicate that this has been done and that it will provide a copy of the amending legislation.

With regard to section 247(1)(b), (c) and (e) of the Canada Shipping Act, under which penalties of imprisonment involving compulsory labour may be imposed for breaches of discipline that do not endanger the safety of the ship or the life or health of persons, the Committee notes the Government's statement in its report that it has not yet been possible to discuss amendments to these provisions with the shipping industry, employers and unions, however Transport Canada will be discussing the parts of the Act which contain these sections with the industry with a view to conforming with the observations of the Committee.

The Committee hopes that, following the proposed consultations, the Government will be in a position to indicate in its next report measures taken or contemplated to ensure that no penalties involving any form of compulsory labour may be imposed for breaches that do not endanger the safety of the ship or the life or health of persons.

The Committee notes with interest from the Government's report that the Government Vessels Discipline Act (which contained provisions similar to those referred to in the Canada Shipping Act) has been revoked, and that the Public Service Staff Relations Act (which applies to seamen employed on vessels in the federal public service) does not contain provisions similar to those commented on above by the Committee. The Committee requests the Government to send a copy of the revoking legislation with its next report.