Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Canada (Ratification: 1964)

The Committee notes the communication dated 10 March 2003 received from the International Confederation of Free Trade Unions (ICFTU), which was forwarded to the Government on 10 April 2003.

The federal level

1. Article 1 of the Convention. Sexual harassment. Recalling its 2002 general observation on sexual harassment, the Committee notes that division XV.1 of Part III of the Canada Labour Code establishes an employee’s right to employment free of sexual harassment and requires the employer to take positive action to prevent sexual harassment in the workplace. The Code sets out a definition of sexual harassment as well as the employer’s responsibilities concerning prevention which include the issuing of a sexual harassment policy. Employees under federal jurisdiction have the right to make complaints on sexual harassment to the Canadian Human Rights Commission. The Labour Programme of Human Resources Development Canada undertakes regular inspections to ensure compliance with the Canada Labour Code Part III, while the Canadian Human Rights Commission requires the companies concerned to adopt and implement sexual harassment policies as part of its audits under the Employment Equity Act. Noting that, according to information from the National Action Committee on the Status of Women cited by the ICFTU, 90 per cent of women indicate that they have been harassed sexually in the course of their employment, the Committee asks the Government to continue to provide information on the occurrence of sexual harassment and the measures taken to address the problem.

2. Discrimination on the grounds of political opinion and social origin. The Committee recalls that the Canadian Human Rights Act does not prohibit discrimination on the grounds of political opinion and social origin, an issue also raised by the ICFTU. In this regard, the Committee recalls that the report "Promoting equality: A new vision", which was the result of an independent review of the Canadian Human Rights Act, recommended that the ground of political opinion should be considered in the context of the Act’s next review. The Committee hopes the Government will be able to report positive developments with regard to the inclusion of the grounds of political opinion and social origin in the legislation, and requests the Government to provide information on any other follow-up measures to the independent review’s report that promote the application of the Convention.

3. Article 2. Equality of opportunity and treatment on the basis of sex, race, colour and disability. The Committee notes the results of the five-year parliamentary review of the Employment Equity Act as reflected in the December 2001 review report by the Labour Programme of Human Resources Development Canada and the report "Promoting Equality in the Federal Jurisdiction: Review of the Employment Equity Act" drawn up by the competent parliamentary committee in June 2002. The review concluded that there was a continuing need for the legislation, as under-representation of the designated groups - women, visible minorities, persons with disabilities and aboriginal peoples - was still present. The Committee also notes from the 2003 annual report under the Employment Equity Act that in respect of employment covered by the Act the representation of women decreased in 2002 from 44.8 to 44.4 per cent; that of aboriginal peoples rose from 1.6 per cent to 1.7 per cent; that of persons with disabilities increased from 2.3 per cent to 2.5 per cent; and that of visible minorities from 11.7 per cent to 12.2 per cent. The Government is asked to continue to provide information on the implementation of the Employment Equity Act and any progress achieved in raising the representation in employment of the designated groups.

4. With regard to the representation of visible minorities in the federal public service, the Committee notes that the Treasury Boards Secretariat’s action plan entitled "Embracing change" provides for a benchmark of 1 in 5 by 2003 for external recruitment of visible minorities into the public service as a whole, and the same benchmark until 2005 for executive appointments. According to the Government’s report, progress has been made against the benchmarks, but that pace must increase significantly if the public service is to be representative in the near future. The Committee requests the Government to continue to provide information on the implementation of the "Embracing change" action plan and the progress made with regard to the representation of visible minorities in the federal public service.

5. The Committee notes from the Government’s 2004 report on the implementation of the Beijing Platform for Action that in 2003 61.6 per cent of women were in the paid labour force compared to 73.6 per cent for men and that women are still largely responsible for unpaid work activities at home. The Government is asked to continue to provide information on the measures taken by Status of Women Canada and other competent bodies to promote gender equality in employment and occupation, including through addressing gender imbalances as regards unpaid work.

6. Article 3(a). Cooperation with workers’ and employers’ organizations. Regarding section 15 of the Employment Equity Act which requires employers to consult and collaborate with employee representatives on the implementation of employment equity, the Committee notes that the parliamentary committee involved in the review of the Employment Equity Act recommended that this requirement should be strengthened. It also notes that the audits undertaken so far by the Human Rights Commission have shown that this requirement has been implemented to various degrees. The Committee asks the Government to continue to provide information on the measures taken to strengthen consultation and collaboration between employers and employees’ representatives under the Employment Equity Act, and on the Human Rights Commission’s efforts in this regard.

The provincial level

7. The Committee thanks the Government for providing information on the application of the Convention in law and practice at the provincial level. The Committee would appreciate receiving such information also in the Government’s next report, including information on the points raised below.

8. Article 1. Sexual harassment. Alberta, British Columbia, Manitoba, Quebec. The Committee notes that in Alberta sexual harassment is prohibited under the Human Rights, Citizenship and Multicultural Act; in British Columbia and Manitoba under the respective Human Rights Codes; and in Quebec under the Charter on Fundamental Rights and Freedoms. The Committee would appreciate receiving information in accordance with the Committee’s 2002 general observation with regard to the other provinces and territories.

9. Coverage of the law. Quebec. The Committee notes with interest that as of 1 June 2004, domestic workers are covered by the Act respecting labour standards of Quebec. As reported by the Government, the exclusion of this predominately female group of workers from the scope of the Act had been considered to constitute indirect discrimination.

10. Prohibition of discrimination. Northwest Territories. The Committee notes that the new Human Rights Act 2002 expanded the list of grounds of discrimination previously prohibited under the Fair Practices Act, adding the grounds of ethnic origin, gender identity, religion, sexual orientation, social condition, family affiliation, political belief, political association and disability. The Act establishes an independent Human Rights Commission and puts in place investigative and adjudicative processes for dealing with complaints. Please provide information on the application of these new provisions on non-discrimination and the functioning of the new institutions and procedures, indicating the number and outcome of complaints received concerning alleged employment discrimination.

11. Nunavut. The Committee notes that Nunavut has introduced Bill 12, the Human Rights Act, on 30 October 2003. Noting that the Act would prohibit employment discrimination and harassment on a number of grounds, the Committee asks the Government to provide a copy of the Act as soon as adopted, as well as information on its implementation in practice.

12. Prince Edward Island. The Committee notes that the Prince Edward Island Human Rights Act prohibits discrimination in all aspects of employment on all the grounds listed in the Convention, except social origin. The Committee hopes inclusion of this ground in the legislation will be possible in future. Please continue to provide information on the Act’s application, including the activities of the Prince Edward Island Human Rights Commission.

13. Yukon. The Committee notes that section 16 of the Yukon Employment Standards Act was amended on 1 November 2002, in order to eliminate the discriminatory exclusion of persons below the age of 17 from the right to receive the minimum wage.

14. Article 2. Promoting and ensuring equality of opportunity and treatment. British Columbia. The Committee notes that a number of measures have been taken to promote public service employment of members of the designated groups, such as the establishment of recruitment goals and the publication of a Manager’s Guide for Reasonable Accommodation. Please continue to provide information on such measures and any results achieved with regard to the representation of the designated groups, as well as on measures taken to promote their equal representation in the private sector. Noting that the Human Rights Code Amendment Act 2002 abolished the British Columbia Human Rights Commission and that the British Columbia Human Rights Tribunal became the sole agency responsible for receiving, mediating and adjudicating complaints filed under the Code, the Committee asks the Government to provide information on the effect of this institutional change on the number and outcome of complaints concerning employment discrimination received and resolved under the Code.

15. Quebec. The Committee notes that the process of assessing the participation of disadvantaged groups in employment under the Act on access to equality in employment in the public sector and the establishment of programmes to correct inequalities was to be completed in 2004. Please continue to provide information on the implementation of the Act, including results of the verification of the equality programmes established in establishments covered by the Act.

16. Saskatchewan. The Committee notes that no information is available on the impact of the Employment Staffing Policy which aims at improving the representation of four designated groups in public service employment. It suggests that such information be collected in order to assess the policy’s impact. Please continue to provide information in this regard, as well as on the implementation of the Saskatchewan Human Rights Code.

17. Manitoba. The Committee notes that 46.5 per cent of the complaints filed with the Manitoba Human Rights Commission between 1 June 2001 and 31 May 2003 concerned alleged employment discrimination. It also notes the measures taken to address barriers to employment faced by aboriginal peoples and to provide better work opportunities to them, as well as the establishment of a Disabilities Issues Office which is to act as a central review body for provincial departments to assess programmes for persons with disabilities. Please continue to provide information on these and other measures to promote the application of the Convention, including any results achieved.

Federal and provincial levels

18. Part IV of the report form. Judicial decisions. The Committee notes with interest the summaries of discrimination cases decided by the various competent commissions, courts and tribunals at the federal and provincial levels and invites the Government to provide similar information in its next report.

19. Part V of the report form. Statistical information. The Committee notes that the Government was unable to provide the requested statistical data, disaggregated by sex, for both the public and the private sector by area of activity and level of responsibility for the provinces and the federal level. The Committee reiterates its request to the Government to provide, as far as possible, statistical information on the participation of men and women in the labour market at the provincial and federal levels.