Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Canada (Ratification: 1972)

1. The Committee notes the Government's report and the conclusions of the Committee on Freedom of Association in the various cases concerning Canada.

2. Articles 2 and 3 of the Convention: the right of workers and employers to establish and join organizations of their own choosing and to formulate their programmes without previous authorization.

Alberta

The Committee recalls that for many years its comments have concerned the provisions of the Public Service Employee Relations Act and the Labour Relations Act which ban strikes by a broad range of provincial public servants and therefore go beyond the acceptable limits on the right to strike recognized implicitly in Article 3 of the Convention (particularly section 117.1 of the Public Service Employee Relations Act as amended in 1983 by Act No. 44 which bans strikes by all hospital workers including kitchen staff, porters, gardeners). The Committee recalls that prohibition of the right to strike should be confined to public servants exercising authority in the name of the State or to essential services in the strict sense of the term. The Committee emphasizes once again that limitations on strike action in the public service or essential services should be compensated by adequate, impartial and speedy conciliation and arbitration procedures. Accordingly, it again emphasizes the need for the above laws to be revised to bring them into full conformity with the provisions of the Convention and urges the Government to provide information on any measures taken in this connection, particularly on the outcome of the review of this legislation announced in the previous report, and on the updating of its provisions.

Newfoundland

The Committee recalls that its previous comments concerned the need to amend the Public Service (Collective Bargaining Act) (No. 59), which, by its definition of "employee" deprives many workers of the possibility of joining the union of their choice and restricts the right to strike in the public service, since section 10.1 of the Act, which relates to the procedure for the designation of "essential employees" confers broad powers on the employer on this respect. The Committee notes from the Government's report that, following a public consultative process by a joint labour-employer working group, draft labour legislation is being prepared. The mandate of the group includes a review of legislation affecting freedom of association and the right to organize in order to propose appropriate reforms. The Committee asks the Government to keep it informed of developments in this respect. Furthermore, the Committee notes with interest that, with respect to the designation of "essential employees" under section 10.1 of Act No. 59, significant agreement has been reached by the parties concerned in the health sector on the numbers and positions to be declared essential. Moreover, one case has been brought before the Labour Relations Board which, after two years of hearings, has ruled that "essential" refers to the health, safety and security of the public in accordance with the principles of freedom of association. The Committee asks the Government to keep it informed of any developments with regard to the designation of essential services under Act No. 59.

3. As regards the prohibition of strikes in general, the Committee notes from the Government's detailed report that there has been some progress in non-essential sectors (construction, Quebec), but must again express concern about the agricultural and horticultural sectors (Ontario) and the railway and port sectors (federal Government). The Committee requests the Government to ensure that restrictions on the right to strike are limited to essential services in the strict sense of the term, to public servants exercising authority in the name of the State or to cases of acute national crisis, in accordance with the principles of freedom of association.

In addition, a request regarding certain points is being addressed directly to the Government.