Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the Government's report for the period July 1991-June 1994.

Article 1(c) and (d) of the Convention. Further to its previous observations, the Committee notes with satisfaction that the Miscellaneous Statute Law Amendment Act, 1992, deleted sections 243 to 246 of the Canada Shipping Act which provided for the forcible return on board ship of deserters and seamen absent without leave.

In previous comments the Committee also referred 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 has noted with interest from the Government's report that it was intended to remove the penalties of imprisonment from section 247(1)(b) and (c) through a planned Miscellaneous Statute Law Amendment Act in 1995 without prior formal discussions with the industry, and that the timing of the Act was dependent on the Government's overall legislative priorities. The Government further indicates that considerations respecting section 247(1)(e) will involve discussions with industry within the general context of modernization of the Canada Shipping Act, planned for 1996 on that part of the Act, Part III, in which section 247 is found. This scheduling is likewise subject to governmental and departmental priorities. The Government's intention would be to retain the possible option of imprisonment only for breaches of discipline which endanger safety, life of health.

The Committee hopes that the Government will soon be in a position to report further progress in bringing the Canada Shipping Act into conformity with the Convention.