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

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

The Committee notes the information supplied by the Government in reply to its earlier comments.

Article 1(c) and (d) of the Convention. The Committee previously 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. Further to its earlier comments, the Committee notes the Government’s indication in the report that the new Canada Shipping Act, 2001, which was introduced in Parliament on 1 March 2001, and received Royal Assent on 1 November 2001, is expected to be brought into force in 2006. The Government reiterates that, regarding the abovementioned section, the concept of possible imprisonment for wilful disobedience by a seafarer or an apprentice of any lawful command is not contemplated or reflected in the new Act.

However, the Committee notes that, under section 82(3) read in conjunction with section 101(1)(b) and (2) of the new Act, wilful obstruction of a master’s operation of a Canadian vessel by a crew member is punishable with imprisonment for a term of up to 18 months, which involves compulsory prison labour. The Committee asks the Government to clarify the meaning of this provision and to indicate the measures taken or contemplated with a view to ensuring that no sanctions involving compulsory labour could be imposed for breaches of labour discipline in circumstances falling within the scope of the Convention. Please also communicate copies of regulations specifying what constitutes a serious violation of a contract of employment, referred to in section 100(k), as soon as they are adopted, so as to enable the Committee to assess their conformity with the Convention.

The Committee trusts that appropriate measures will be taken in order to ensure that no penalties of imprisonment involving compulsory labour are provided for breaches of labour discipline that do not endanger the safety of the ship or the life or health of persons. It also asks the Government to keep the ILO informed of the date of entry into force of the new Act and related regulations.