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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to certain provisions of the Canada Shipping Act, under which penalties of imprisonment involving compulsory labour could be imposed for breaches of discipline in circumstances where the safety of the ship or the life or health of persons are not endangered. Having noted the Government’s clarifications concerning sections 82(3) and 101(1) and (2) of the new Canada Shipping Act, 2001, the Committee notes that the penalties of imprisonment provided for in section 101(2) do not involve an obligation to perform prison labour. Noting also the Government’s indication in the report that the new Canada shipping act, 2001, will enter into force in 2007, the Committee asks the Government to keep the ILO informed of the date of entry of the new Act and related regulations into force.

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

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.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

Article 1(c) and (d) of the Convention. In its earlier comments the Committee 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 notes with interest the Government’s indications that the new Canada Shipping Act 2001 passed Parliament in May 2001 and is currently being studied by the Senate Transportation Committee, and that 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.

The Committee hopes that the new Canada Shipping Act will be adopted in the near future and that no penalties of imprisonment involving compulsory labour  will be provided for breaches of labour discipline that do not endanger the safety of the ship or the life or health of persons. It asks the Government to supply a copy of the new Shipping Act, as soon as it is adopted.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

Article 1(c) and (d) of the Convention. In its earlier comments the Committee 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 noted from the Government's report of 1997 that consultations with concerned parties were to take place in September 1997 and that the amendments were expected to be adopted in the spring of 1999.

The Government indicates in its latest report that an amendment package (Canada Shipping Act 2000) will be introduced to Parliament during its upcoming session. The Committee trusts that the necessary measures will be taken to ensure that penalties of imprisonment involving compulsory labour will no longer be provided for breaches of labour discipline that do not endanger the safety of the ship or the life or health of persons, and asks the Government to supply a copy of the new Shipping Act, as soon as it is adopted.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report of 1997.

Article 1(c) and (d) of the Convention. In previous comments the Committee 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 notes with interest from the Government's report of 1997 that consultations with concerned parties were to take place in September 1997 and that the amendments were expected to be adopted in the spring of 1999.

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

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.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments on seamen employed on vessels in the federal public service and referring to the Public Service Staff Relations Act mentioned by the Government in its previous report, the Committee notes that the above Act appears to deal with negotiations and does not appear to cover questions concerning labour discipline in general. The Committee requests the Government to indicate which texts apply as regards the discipline of seamen employed on vessels in the federal public service.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 1(c) and (d) of the Convention. In its previous comments, the Committee referred to sections 243(1), 244(2) and (4), 245(1) and 246(2) of the Canada Shipping Act which provide for the forcible return on board ship of deserters or those absent without leave. The Committee notes with interest the indications in the Government's report that a Bill - the Miscellaneous Statute Law Amendment Act, 1991 - which provides, inter alia, for the repeal of the provisions in question was introduced in the House of Commons in October 1991 and should be adopted before the end of 1991. The Committee requests the Government to provide a copy of the texts repealing the provisions in question.

The Committee also referred to section 247(1)(b), (c) and (d) of the same 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 notes that this provision is not included in the revision mentioned above. According to the information contained in the Government's report, amendments to the Act have not been discussed with the sector concerned and no timetable for such discussions has been established owing to the priorities assigned to developing safety and anti-pollution legislation.

The Committee recalls that it has been commenting on these provisions for many years and expresses the firm hope that the Government will take the necessary measures to ensure that penalties of imprisonment involving compulsory labour may not be imposed for breaches of labour discipline that do not endanger the safety of the ship or the life or health of persons, and that the Government will indicate the measures taken in this respect.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 1(c) and (d) of the Convention. Further to its previous comments with respect to sections 243(1), 244(2) and (4), 245(1) and 246(2) of the Canada Shipping Act, which provide for the forcible return on board ship of deserters or those absent without leave, the Committee notes with interest the Government's statement in its report that the next miscellaneous Statutes Amendment Act is planned for mid-1990, and the appropriate deletions to these sections will then be made. The Committee hopes that the Government will soon be able to indicate that this has been done and that it will provide a copy of the amending legislation.

With regard 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 notes the Government's statement in its report that it has not yet been possible to discuss amendments to these provisions with the shipping industry, employers and unions, however Transport Canada will be discussing the parts of the Act which contain these sections with the industry with a view to conforming with the observations of the Committee.

The Committee hopes that, following the proposed consultations, the Government will be in a position to indicate in its next report measures taken or contemplated to ensure that no penalties involving any form of compulsory labour may be imposed for breaches that do not endanger the safety of the ship or the life or health of persons.

The Committee notes with interest from the Government's report that the Government Vessels Discipline Act (which contained provisions similar to those referred to in the Canada Shipping Act) has been revoked, and that the Public Service Staff Relations Act (which applies to seamen employed on vessels in the federal public service) does not contain provisions similar to those commented on above by the Committee. The Committee requests the Government to send a copy of the revoking legislation with its next report.