Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

Federal Government

The Committee notes the amendments to the Canada Labour Code, which came into force on 1 January 1999, to improve the administrative provisions and the collective bargaining process for federally regulated industries.

It notes with interest that, henceforth, the use by an employer of replacement workers for the purpose of undermining a union’s representational capacity is an unfair labour practice.

With regard to its previous comments concerning the requirement to continue providing services relating to the mooring, casting off and loading of grain vessels at terminal facilities and transfer elevators, and the movement of grain vessels in and out of port, in the event of a strike or a lockout, the Committee notes that section 87.7 has been adopted on the recommendation of a task force of independent labour relations experts with, it appears, broad support from those concerned (west coast ports long-shoring unions and workers in the grain sector, and representatives of grain farmers and grain industry employers).

The Committee notes this information and requests the Government to keep it informed in future reports of the application of this legislation in practice.