Forced Labour Convention, 1930 (No. 29) - Canada (Ratification: 2011)
Protocol of 2014 to the Forced Labour Convention, 1930 - Canada (Ratification: 2019)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee welcomes the Government’s first report under the Protocol of 2014 to the Forced Labour Convention, which was ratified by Canada in 2019, and the detailed information provided by the Government in this respect. It also takes note of the observations of the Canadian Labour Congress (CLC) received on 31 August 2021; the observations of the Quebec Interprofessional Health Federation (FIQ) received on 10 February 2022; and the Government’s reply to the FIQ’s observations.

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. National policy and systematic and coordinated action. Trafficking in persons. The Committee notes the Government’s information on the results of the Horizontal Evaluation of the National Action Plan to Combat Human Trafficking (NAP-HT) for the period 2012-2016, which involved the nine federal organizations. The Evaluation concluded that: (i) the NAP-HT increased awareness and understanding of human trafficking among federal government officials; (ii) it had a limited contribution to the investigation and prosecution of human trafficking cases; and (iii) there is a need to further focus on trafficking for the purpose of labour exploitation, improve data collection, ensure alignment between federal and provincial responses, and increase support for populations at risk. Following this evaluation, the National Strategy to Combat Human Trafficking 2019-2024 was launched which is based on five pillars: (i) empowerment of victims; (ii) prevention; (iii) protection; (iv) prosecution; and (v) partnership. According to the 2019-2020 Annual Report of the National Strategy, a Federal-Provincial-Territorial Trafficking in Persons Working Group has been set up to facilitate coordination and information sharing at all levels. The Committee further notes that the provincial government of Ontario adopted the Ontario’s Anti-Human Trafficking Strategy 2020-2025, which envisages actions to enhance community-based and indigenous-led services to support indigenous victims of trafficking. Likewise, the provincial government of Alberta launched an Action Plan to Combat Human Trafficking, which provides for the creation of a human trafficking task force to share information and coordinate action on an on-going basis. The Committee welcomes the continued efforts of the Government to strengthen action against trafficking in persons, at both federal and provincial levels, and to monitor its results. It requests the Government to continue providing information on the measures adopted under the National Strategy to Combat Human Trafficking and their results, indicating how coordinated and systematic action between the federal government and the provinces/territories is ensured through the Federal-Provincial-Territorial Trafficking in Persons Working Group. Lastly, the Committee requests the Government to continue providing information on the measures adopted at the provincial level to combat trafficking in persons, including in the framework of the Ontario’s Anti-Human Trafficking Strategy and the Alberta’s Action Plan to Combat Human Trafficking

Article 25 of the Convention and Article 1(3) of the Protocol. 1. Definition and criminalization of trafficking in persons (exploitation). The Committee recalls that pursuant to section 279.01 of the Criminal Code, every person who recruits, transports, transfers, receives, holds, conceals, or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence. Section 279.04(1) of the Criminal Code provides that, for the purpose of section 279.01, a person exploits another person “if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service”. The Committee notes in this regard the Bill S-224 An Act to amend the Criminal Code (trafficking in persons), which revises section 279.04 (1) and proposes a new definition of exploitation, according to which: “a person exploits another if they engage in conduct that (a) causes the other person to provide or offer to provide labour or a service; and (b) involves in relation to any person, the use or threatened use of force or another form of coercion, the use of deception or fraud, the abuse of a position of trust, power or authority, or any other similar act”.

The Committee observes that the objective of Bill S-224 is to eliminate from the definition of “exploitation” (contained in section 279.01 of the Criminal Code) the element of the person’s belief that his safety or the safety of a person known to him is threatened, as a condition for the existence of the crime of trafficking in persons. The Committee hopes that Bill S-224 will be adopted in the near future and that the new definition of “exploitation” would help qualifying the offense of trafficking in persons, thereby enabling more effective prosecutions, and requests the Government to continue providing information on any progress made in this regard.

2. Prosecution and imposition of sanctions. The Committee notes that, according to Statistics Canada, 511 human trafficking incidents were reported to the police in 2019: 67 per cent under section 279.01 of the Criminal Code, and 33 per cent under section 118 of the Immigration and Refugee Protection Act (cross-border trafficking). Of a total of 104 human trafficking court cases involving 356 human trafficking charges, the vast majority (89 per cent) of human trafficking charges were stayed, withdrawn, dismissed, or discharged. Less than one in ten charges resulted in a guilty finding. The Committee observes that the Evaluation of the NAP-HT points out to the difficulties in gathering evidence to prosecute traffickers as well as to the reluctance of the victims to testify for fear of reprisal. The Committee further notes the information provided by the Government concerning various measures to enhance the capacities of law-enforcement bodies involved in the investigation of trafficking cases. At the provincial level, Ontario adopted the Accommodation Sector Registration of Gests Act (which is part of the Combating Anti-Human Trafficking Act, 2021), which contains rules on how and when police services can access information from hotel guest registries to deter trafficking and identify and locate victims. Moreover, a dedicated Human Trafficking Prosecution Team was set up, which today has 14 dedicated human trafficking prosecutors in every region of the province. In Alberta, the Ministry of Labour and Immigration has provided training to staff on human trafficking identification and victims support, which contributed to an increase of the number of investigations from 58 situations in 2019/2020 to 95 situations in 2020/2021. The Committee requests the Government to continue taking measures to address the difficulties faced by law-enforcement authorities in the investigation of cases of trafficking and further prosecution of perpetrators. In addition, the Committee requests the Government to continue providing information on the number of prosecutions, convictions and penalties applied under sections 279.01 of the Criminal Code and section 118 of the Immigration and Refugee Protection Act.

Article 2 of the Protocol. Preventive measures. Clauses c) and d). Protecting migrant workers from abusive and fraudulent practices and strengthening of labour inspection services. Temporary foreign workers. The Committee notes that, in 2021, the Government proposed amendments to the Immigration and Refugee Protection Regulations with the aim to enhance the protection of temporary foreign workers by setting new employer requirements and conditions. This includes a requirement for employers to provide workers with the most recent information about their rights in Canada and to sign employment agreement with their workers. The proposal would also expand the definition of “abuse” (contained in section 209.2(1) of the Regulations) to include reprisal against a temporary foreign worker. It would also prohibit employers and recruiters operating on their behalf to charge or recover recruitment fees from the worker. The Committee also notes that several provincial regulations on temporary foreign workers prohibit the confiscation of a foreign worker’s identity document.

The Committee notes that, in its observations, the CLC refers to the situation of temporary foreign workers who fear deportation if they complain of bad conditions and treatment. In this respect, the Government indicates that, in 2019, the Immigration, Refugees and Citizenship Canada (IRCC) introduced the open work permit for vulnerable workers, which is specified under section 207.1(1) of the Immigration and Refugee Protection Regulations. This type of permit allows temporary foreign workers, who are holders of a valid employer-specific work permit and experiencing abuse or are at risk of abuse, to receive a time-limited open work permit to abandon the employer while keeping the authorization to continue working in Canada.

The Committee further notes that section 209.5 of the Immigration and Refugee Protection Regulations sets the triggers to initiate an employer compliance inspection, namely: a reason to suspect non-compliance, a history of non-compliance, and random selection. Between 2018 and 2020, a total of 11,828 inspections were carried under the international mobility program and one per cent of the employers inspected were found non-compliant. In Alberta, 275 inspections were conducted between 2019 and 2021 by the Special Investigations and Inspections Unit, which related to temporary foreign workers. In Nova Scotia, 71 focused inspections of temporary foreign worker employers were conducted, of which 63 were in the agricultural sector and 8 in the fishing processing sector, and no violations were detected. In Ontario, a province-wide compliance initiative took place between September 2019 and April 2020, which focused on repeat violators, temporary help agencies and workplaces that employ temporary foreign workers. Under this initiative, 831 inspections were conducted in which 277 employers were found not compliant. The Committee welcomes the efforts made by the Government to monitor the working conditions of temporary foreign workers and requests it to continue providing information on the results of inspections of temporary foreign worker employers and employment agencies, including information on the number of violations detected and the penalties applied. The Committee also requests the Government to provide information on the number of vulnerable foreign workers who have benefited from open work permits, as well as on the progress made regarding the adoption of the amendments to the Immigration and Refugee Protection Regulations.

Clause e). Supporting due diligence by both the public and private sectors. The Committee takes due note of the various initiatives taken by the Government to prevent forced labour in supply chains, including by supporting due diligence, such as: (i) the Policy on the Ethical Procurement of Apparel, which requires apparel suppliers to certify that they and their direct Canadian and foreign suppliers comply with fundamental labour rights, including freedom from forced labour; (ii) Amendments to the Customs Tariff Act to include a prohibition on the importation of goods that are produced wholly, or in part, by forced labour regardless of their country of origin; (iii) preparation of Bill S-211 An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tarif. The Act imposes on government institutions producing, purchasing, or distributing goods in Canada or elsewhere and entities producing goods in Canada or elsewhere or in importing goods produced outside Canada the obligation to report annually on due diligence processes, including on measures taken to remediate any situation of forced labour detected. The Committee takes due note of the above-mentioned measures and requests the Government to continue providing information on further initiatives to support due diligence by both the public and private sectors, as well as on any assessment of their impact. Please also provide information on the progress made regarding the adoption of Bill S-211and on its application if adopted.

Article 3 of the Protocol. Protection and rehabilitation of victims of forced labour. The Committee notes that the Government provides information on the creation of a Human Trafficking Hotline, which is a confidential multilingual service, operating 24/7, to connect victims and survivors with social services, law enforcement and emergency services, as well as to receive tips from the public. It notes the Government’s indication that, under the Canadian Constitution, the provinces and territories are responsible for the administration of justice, which includes the delivery of victim services, and that some provinces have put in place special services for the protection of victims of trafficking in persons.

The Committee further notes the Government’s indication that victims of trafficking in persons can obtain free of charge a special temporary resident permit for victims of trafficking in persons (VTIP TRPs) for up to 6 months, which is not contingent on the victim cooperating with policy and judicial authorities. A foreign national who receives a VTIP TRP that is valid for at least 6 months becomes eligible for an open work permit and for health coverage under the Interim Federal Health Program. According to the statistical information provided by the Government, in 2019, 267 applications for VTIP TRPs were received, 92 per cent of which were approved; in 2020, 131 applications were approved (88 per cent approval rate); and between January-April 2021, 32 applications were approved (90 per cent of approval rate). The Committee requests the Government to continue providing information on the protection and rehabilitation measures afforded to victims of forced labour. In this regard, it requests the Government to provide statistical information on the number of victims of forced labour who have obtained temporary resident permit for victims of trafficking in person, and on the number of victims who have benefited from rehabilitation and reintegration services.

Article 4 of the Protocol. Access to appropriate and effective remedies, including compensation. The Committee notes the Government’s indication that under the Canadian Victims Bill of Rights, every victim has the right to have the court consider making a restitution order. Under the Criminal Code, persons sentenced for human trafficking offences may receive a restitution order as part of their sentence, which requires the offender to pay an amount to the victim. Some provinces have also adopted legislation that provide victims with the possibility to initiate civil action against their traffickers to obtain from them monetary redress. The Committee requests the Government to provide information on the number of victims of forced labour who have claimed and obtained compensation or other forms of remedies. Please indicate how victims can obtain compensation outside legal proceedings or when perpetrators have not been identified.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of civil servants to leave their service. The Committee recalls that under the Public Service Employment Act (section 63) and the New Brunswick Civil Service Act (section 24), the resignation of a public service employee is subject to the acceptance by the deputy head. The Government indicates in this respect that there are no provisions in the Public Service Employment Act that would prevent the acceptance of a resignation, and therefore there are no statistics available concerning the number of refusals. It also notes that the review of the New Brunswick Civil Service Act is still on-going. The Committee requests the Government to continue providing information on any progress made regarding the review of the New Brunswick Civil Service Act.

2. Obligation to work overtime. Nursing personnel. The Committee notes that the FIQ refers in its observations to a long-standing and regular practice of imposing overtime work on the nursing personnel of healthcare institutions in Quebec to fill the existing shortfall of personnel. In particular, the FIQ indicates that according to section 59.01 of the Act respecting Labour Standards of Quebec, an employee cannot refuse to work overtime in situations where there is a danger to the life, health or safety of employees or the population; where there is a risk of destruction or serious deterioration of movable or immovable property or in any other case of superior force; or if the refusal is inconsistent with the employee’s professional code of ethics. It points out that, in most of the cases the employers do not demonstrate the existence of force major but impose overtime based on the code of ethics (which is a part of the labour contract), that prevents the nursing personnel from leaving their functions without ensuring their continuity by another staff member. Those who refuse to work overtime are threatened with complaints against them before labour tribunals. The Committee observers that, according to the FIQ, this practice has negative consequences for the health and well-being of nurses.

The Committee takes note of the Government’s detailed reply to the FIQ, which contains a description of the applicable legal framework concerning overtime for health care workers in Quebec, updated statistics, as well as information about further measures taken to reduce recourse to mandatary overtime work of nurses. The Government indicates that the collective agreement between the FIQ and the Government of Quebec, in force until March 2023, does not specifically regulate mandatory overtime. However, both the Code of Ethics for Nurses and the Code of Ethics for Nursing Assistants provide for the duties of not abandoning the patient and ensuring the continuity of their service. The Government emphasises that the person’s decision to work as a nurse comes along with his or her acceptance to respect the obligations set forth if their respective codes of ethics and clarifies that imposing overtime work on the nursing personnel is a measure of last resort that is analysed on a case-by-case basis. The Committee notes that the Government refers to different agreements between the FIQ and different health care institutions of Quebec that ensure that recourse to compulsory overtime work does not constitute a systematic practice to overcome the workforce deficit but remains an exceptional measure. Jurisprudence has also been developed in the subject underscoring the principles that compulsory overtime work of nursing personnel shall only be permitted in exceptional and emergency situations, and not be used in an abusive, irrational, or discriminatory manner by the employer. According to the statistics provided by the Government, 30 per cent of the nursing personnel of Quebec has worked overtime in a two-week payroll period at least on one occasion in the year 2021–22 (19 per cent has done so up to three times in a year; 11 per cent up to four times or more; and 2.6 per cent have exceeded 100 hours of working time in a two-weeks period four times or more).

Finally, the Committee notes the Government’s indication that in October 2021, the Director of Working Conditions of the Ministry of Health and Social Services of Quebec issued a letter for health institutions indicating different means to limit recourse to compulsory overtime work of the existing nursing personnel, which include: the maintenance of a list of staff available to work overtime on a voluntary basis; reorganization of working plans of the existing personnel; and evaluating the possibility of contracting the services of independent professionals with the required expertise. It also notes that the Government of Quebec has established a system for monitoring the use of compulsory overtime in health services.

The Government adds that the imposition of overtime work on nursing personnel due to the shortfall of nursing staff is an important issue and, therefore the Government of Quebec has expressed its commitment to continue limiting recourse to this practice by supporting the operation of health institutions and improving working conditions of nursing personnel.

The Committee takes due note of all this information and of the commitment of the Government to keep the imposition of overtime work on the nursing personnel of healthcare institutions in Quebec as a last resort measure. While acknowledging the need to ensure the continuity of the health care service, the Committee encourages the Government to continue to pursue efforts to limit recourse to compulsory overtime work of the nursing personnel to exceptional circumstances and take measures to address the issue of shortages of nursing personnel, in consultation with workers’ organizations, so as to ensure continuity of the health care service. Please continue to provide updated statistical information on the number of nurses who have undertaken compulsory overtime work and the frequency in which overtime is required.

Article 2(2)(c) of the Convention. Compulsory labour exacted as a consequence of a conviction in a court of law. Prison labour. The Committee previously noted that in Nunavut and Prince Edward Islands labour appeared to be compulsory for prisoners and requested the Government to indicate if, in that case, prisoners could work for private entities. The Government indicates that the Nunavut’s Corrections Act was replaced in its entirety in 2019. Regarding Prince Edward Islands, it indicates that the correctional facility in that province does not hire out prisoners or place them with private individuals or companies or associations, however inmates can be granted permission to attend work while incarcerated, usually with the individual’s previous employer. The Committee requests the Government to provide a copy of the Nunavut’s Corrections Act, including its regulations, in its next report.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Canadian Labour Congress (CLC), as well as the observations of the Quebec Council of Employers (CPQ) communicated with the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (a) Legal framework and law enforcement. The Committee previously noted that section 279.01 of the Criminal Code prohibits trafficking in persons (punishable with imprisonment of up to 14 years), as does section 118 of the Immigration and Refugee Protection Act (IRPA). In this regard, the Government indicated that 12 legal proceedings for forced labour were initiated under provisions relating to trafficking between 2009 and May 2014, including the convictions of 25 accused persons and one company. These convictions resulted in sentences of imprisonment ranging from six months to nine years. However, the Committee noted the reference by the Confederation of National Trade Unions (CSN) to a 2013 report of the Royal Canadian Mounted Police (RCMP) entitled Domestic Human Trafficking for Sexual Exploitation in Canada, which states that in some locations across the country, law enforcement agencies and officers are not conducting human trafficking investigations as they are not always aware of relevant legislation, do not fully understand this crime, lack resources, or have competing priorities.

The Committee notes the observations of the CPQ that the Government has taken measures to suppress forced labour within the framework of the National Action Plan to Combat Human Trafficking (NAP). Moreover, a special team was set up within the RCMP in order to combat trafficking and sexual exploitation.

The Committee also notes the Government’s information in its report that the federal government took diverse initiatives under the NAP, such as the publication and distribution of the Handbook for Criminal Justice Practitioners on Trafficking in Persons, endorsed by federal/provincial/territorial (FPT) Ministers responsible for Justice. The Government also indicates that, as of June 2017, the Human Trafficking National Coordination Centre has identified 428 cases since 2005 where specific charges related to human trafficking were laid. The majority of 408 domestic trafficking cases were for sexual exploitation, while the 20 international trafficking cases were primarily related to labour exploitation. Moreover, the longest sentence for human trafficking for sexual exploitation involved imprisonment of 23 years, while that for human trafficking for forced labour involved a guilty plea and resulted in imprisonment of nine years. The Committee requests the Government to continue providing information on the application of section 279.01 of the Criminal Code and section 118 of the Immigration and Refugee Protection Act in practice, including the number of prosecutions and convictions, the penalties applied, as well as copies of relevant court decisions.

(b) Prevention of trafficking and protection of victims. The Committee previously noted the Government’s indication that the NAP was released in June 2012, which proposed strategies to support organizations providing assistance to victims, and provided protection to foreign nationals from illegitimate or unsafe work. Temporary resident permits (TRPs) were available to victims of trafficking, with 73 foreign nationals receiving such permits between May 2006 and December 2011.

The Committee notes the Government’s information that the NAP expired in March 2016. An evaluation of the NAP is currently under way and should be finalized in autumn 2017, the outcomes of which will help to clarify and direct the way forward. The Committee also notes that, in Alberta, foreign nationals with a TRP issued under the IRPA and who are recognized as victims of human trafficking by Immigration, Refugees and Citizenship Canada (IRCC) are eligible to receive income support up to the duration of their TRP, including any extension granted by IRCC. These individuals are also eligible for health benefits under the Alberta Works Program if they are not receiving health-care benefits under the Interim Federal Health Program. In British Columbia, training is provided to services providers, live-in caregivers and their network of social support. Awareness-raising activities were also organized in several provinces, such as in Nova Scotia and Ontario. However, the Committee notes that, in its concluding observations of 25 November 2016, the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) expressed concern at the lack of adequate mechanisms to identify and refer victims of trafficking in need of protection, the lack of sufficient data on victims of trafficking and the lack of systematically organized rehabilitation and reintegration measures, including access to counselling, medical treatment, psychological support and redress, including compensation for victims of trafficking, who are not automatically entitled to temporary residence permits unless they cooperate with the police and judicial authorities (CEDAW/C/CAN/CO/8-9, paragraph 32). The Committee therefore requests the Government to continue providing information on the measures taken to improve the identification of victims of trafficking and to ensure that all such victims are provided with appropriate protection and assistance, as well as on the number of victims identified and of those who have received rehabilitation and reintegration services. It also requests the Government to provide information on the evaluation of the implementation of the NAP 2012–16, and to indicate when a new NAP will be adopted for the next period.

2. Temporary foreign workers. The Committee previously noted the allegations of the CLC that persons who enter the country under the Temporary Foreign Worker (TFW) programme may end up working in conditions amounting to forced labour. Work visas issued to temporary foreign workers are imprinted with the name of their employer, with restrictions on working for another employer, and significant restrictions that prevent them from leaving a job when their rights are abused. Regarding monitoring, the CLC stated that while the TFW programme lies within the federal jurisdiction, the monitoring of their employment conditions falls within the provincial/territorial jurisdiction, and therefore there is little effective monitoring of the working conditions of these workers.

The Committee noted the Government’s reply to these allegations, indicating that temporary foreign workers are covered by the same protections as Canadian workers. It indicated that the specific concerns raised by the CLC have been addressed through legislative and policy changes at both federal and provincial levels, and that a number of these cases referred to by the CLC have led to convictions by the courts and human rights tribunals. The Committee noted that the documents referred to in the Government’s reply show that migrant workers are able to change employers by applying for a new work permit, and that employers may be subject to inspections during a period of six years from the date of issuance of a work permit for a temporary foreign worker, including on-site visits without a warrant (except for private households). The Government also indicated that changes to the TFW programme and its regulations were announced in June 2014, which would include an increase in the number and scope of inspections of employers hiring temporary foreign workers, tougher penalties for non-compliant employers such as the suspension of the recruitment of further temporary foreign workers for two years and the introduction of financial sanctions.

The Committee notes the Government’s information that, since 2014, the Department of Employment and Social Development Canada (ESDC) operates a confidential tip line and online fraud reporting tool that provides TFWs and the general public with a vehicle to report potential abuses. Regulatory changes were introduced in 2015, according to which, employers who are found non-compliant with the programme conditions could be subject to an administrative monetary penalty ranging from $500 to $100,000 per violation (maximum $1 million per year) and bans of various lengths, including one, two, five and ten years and permanent bans for egregious cases. The names of these employers are published on the Government’s website. From June 2014 to May 2017, 7,363 inspections were launched.

The Committee also notes the Government’s information that, in Alberta, the Employment Standards Programme Delivery (ESPD) Special Investigations Unit (SIU), including the Temporary Foreign Worker Advisory Office (TFWAO), was instituted in 2015 and is mandated to investigate all complaints involving vulnerable workers. In 2014, the ESPD also established an anonymous tips platform to accommodate vulnerable workers to report abuses. The Government also indicates that the TFWAO was central to 34 labour trafficking investigations and is currently involved in the investigation of 13 other cases. Moreover, from June 2014 to May 2017, 151 inspections involving TFWs were conducted, and 93 employers were found to be non-compliant with the Employment Standard Code. In Ontario, during the years from 2014 to 2017, the Employment Standards programme completed 184 inspections at workplaces known to employ TFWs, with 18 violations found related to illegal deduction from wages and six related to the non-payment of wages. The Government further indicates that, in this regard, the Governments of Alberta and Ontario concluded an Information Sharing Agreement with the federal Government in 2017 and 2015 respectively.

The Committee further notes the observations of the CLC on the Government’s report. Referring to the 2017 report of the TFW programme by the Office of the Auditor General of Canada, it states that, of the thousands of reviews conducted by the Government since 2015, the vast majority were administrative reviews. Only 13 on-site inspections were completed out of 173. In addition, employers were given advance notice of the on-site inspections. While taking due note of the measures taken by the Government, the Committee requests it to continue providing information on the further measures taken to protect temporary foreign workers from exploitative work amounting to forced labour. It also requests the Government to continue providing information on the number of inspections undertaken in workplaces employing temporary foreign workers and the results of these inspections, as well as the specific penalties applied.

3. Aboriginal victims of trafficking. The Committee noted the statement of the CSN that the Government was not taking the necessary measures to eradicate the phenomenon of trafficking of aboriginal women and girls. The CSN referred to the report of the RCMP of 2013, which stated that several specific cases of domestic human trafficking for sexual exploitation had involved aboriginal victims. This report stated that while the number of aboriginal victims did not comprise a large portion of the total number of victims in all cases where human trafficking-specific charges were laid, the aboriginal population is approximately four per cent of the total Canadian population, and therefore the number of trafficked aboriginal victims identified in these cases represents a higher proportion of victims.

The Committee notes the Government’s information that various measures were taken at the provincial level. In Alberta, the Alberta Indigenous Relations focus on improving social economic outcomes for indigenous women and their families. The Government also has Income Support Policies to support indigenous victims of trafficking who require emergency financial assistance. In Ontario, the Government implements the Ontario Indigenous Children and Youth Strategy with indigenous partners. The Children, Youth and Family Services Act, which is anticipated to come into force in April 2018, makes reference to the UN Declaration on the Rights of Indigenous Peoples. In Newfoundland and Labrador, Phase II of the Violence Prevention Initiative was released in October 2015 and guided by a four-year action plan (2015–19), which addresses issues such as trafficking and sexual exploitation. The provincial Government of Newfoundland and Labrador has also committed annual funding to the Safe Harbour Outreach created by the Saint John’s Women’s Centre to support individuals engaged in sex trade activities. Provinces are also involved in the National Inquiry into Missing and Murdered Indigenous Women and Girls which was established in 2015, including Alberta and Nova Scotia.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. The Committee previously noted that section 63 of the Public Service Employment Act states that an employee may resign from the public service by giving the deputy head notice in writing of his or her intention to resign, and the service ceases on the date specified by the deputy head, regardless of the date of the acceptance. The Committee also noted that in the province of New Brunswick (pursuant to section 24 of the New Brunswick Civil Service Act) and the territory of Nunavut (pursuant to the Nunavut Public Service Act), the ability of civil servants to resign also appears to be contingent on the acceptance of this resignation.

The Committee notes the absence of information regarding the application of section 63 of the Public Service Employment Act under the federal Government. However, the Treasury Board of New Brunswick indicates that no case of resignation made pursuant to section 24 of the Civil Service Act was rejected. It is also considering to undertake a review of the Civil Service Act in the coming year as part of the development of a People Strategy for New Brunswick. Moreover, according to section 19 of the Public Service Act of Nunavut (SNu 2013, C26), a civil servant may resign his or her position by giving the deputy head at least two weeks’ notice in writing and indicating the last day on which he or she will perform his or her duties. The Committee requests the Government to provide information on the application of section 63 of the Public Service Employment Act under the federal Government, indicating the conditions under which a resignation by a civil servant may be refused, as well as the number of acceptances and refusals, and where appropriate, the reasons for refusal. It also requests the Government to provide information on any progress made regarding the review of the Civil Service Act in New Brunswick.

2. Freedom of career members of the armed forces to leave the service. The Committee previously noted that section 15.02 of Chapter 15 of the Queen’s Regulations and Orders for the Canadian Forces, on Release, states that no officer or non-commissioned member may claim his release as a right except: (i) an officer or non-commissioned member not on active service by reason of an emergency whose service entitles him to an immediate annuity under the Canadian Forces Superannuation Act; (ii) an officer or non-commissioned member who has completed a 20 or 25 year intermediate engagement; and (iii) an officer who completed a fixed period of service. Section 15.18 states that officers and non-commissioned members may also make a request for voluntary release. This request must be made in writing through the commanding officer and forwarded to the National Defence Headquarters.

The Committee notes the Government’s information that, referring to section 23 of the National Defence Act and its Annex A, Appendix 3 on voluntary release, a member of the Canadian Forces is required to provide a notice of six months in advance of the desired release date. Recent initiatives have resulted in expediting releases in 30 days, if no conditions set by the relevant regulations exist that limit a release, such as a national emergency or war, a year following the emergency or war, an outstanding obligatory service, or being under a restricted release period. As a general rule, voluntary requests may be refused or delayed based on the member’s mandatory service obligations or until those service obligations expire or are exempted. The Government also indicates that, according to DAOD 5049-1 on subsidized education, obligatory service refers to a specified period of time that a member must serve after having received subsidized education or training, the pilot terminable allowance and medical or dental officer direct entry recruitment allowance. A member serving the obligatory service may also be granted a voluntary release on compassionate reasons, otherwise he or she is subject to repayment of the costs. The Committee also notes the statistical information provided by the Government in this regard, according to which, from April 2015 to March 2017, 10,298 persons were released from the Regular Force, while 298 requests for release were rejected.

Article 2(2)(c). Compulsory labour exacted as a consequence of a conviction in a court of law. 1. Prison labour. (a) Federal prisons. The Committee previously noted the Government’s statement that federal legislation does not contain provisions relating to compulsory prison labour. Pursuant to the Corrections and Conditional Release Act, the Correctional Service of Canada encourages individuals convicted to a federal sentence to become actively involved in programmes, including employment and vocational training. The website of the Correctional Service of Canada indicated that the Service operates CORCAN, a programme that aims to provide offenders with employment and employability skills training. This employment includes opportunities to work in the community with not-for-profits as well as private sector enterprises.

The Committee notes the Government’s information that the employment of prisoners is voluntary. The Government also indicates that, as stipulated in Commissioner’s Directive 730, offender pay levels range from $5.25 to $6.90 per day for those participating in programmes. Offenders who are unable to participate in programme assignments for reasons beyond their control receive an allowance of $2.50 per day, while those who refuse all programme assignments are given a basic allowance of $1.00 per day. An orientation training is provided to inmates before commencing the work assignment, including health and safety procedures, as well as any other specific rules and regulations. The Correctional Service of Canada also assists the offender scheduled for release in obtaining relevant documentation, including health-care coverage and a social insurance number.

(b) Provincial and territorial prisons. The Committee previously noted that in three provinces and territories, labour appears to be compulsory for prisoners in the provincial/territorial prisons, specifically in Newfoundland (pursuant to section 21 of the Prisons Regulations made under the Prisons Act), Nunavut (pursuant to section 18 of the Nunavut Corrections Act) and in Prince Edward Island (pursuant to section 10 of the PEI Correctional Services Act). The Committee therefore requested the Government to provide information on the measures taken to ensure that, in the provinces and territories where prisoners are obliged to perform work, such work is carried out under the supervision and control of a public authority and that such prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

The Committee notes the Government’s information that, in Newfoundland and Labrador, the inmates on work programmes were not hired by or placed at the disposal of the private sector. The Government also indicates that, in practice, inmates in Nunavut are not forced to perform work, neither for a public authority nor private individuals or entities. Amendments to the Corrections Act, including repealing section 18, were introduced in March 2017, pending approval by the Legislation Assembly. The Committee notes the absence of information regarding Prince Edward Island.

The Committee also notes the Government’s indication that, Alberta’s legislation and regulation obliges convicted inmates to work, and penalties may be imposed on inmates who refuse to work or are idle, careless, or negligent at work. There are also limited circumstances under which inmates may perform work for private entities, such as the food service work at some institutions within the Fine Option Programme. Under this programme, the work is entirely voluntary, and inmates must apply for it and be accepted. Such work is unpaid but used to earn credits against their fine. The Committee requests the Government to provide information on any progress made regarding the adoption of the Amendments to the Corrections Act in Nunavut. It also once again requests the Government to indicate whether prisoners are allowed to be hired or placed at the disposal of private individuals, companies or associations in Prince Edward Island.

The Committee previously noted that in the majority of the provinces and territories, work in prisons is performed on a voluntary basis. It also noted that the legislation in several provinces permits prisoners to be engaged in work outside of the prison (pursuant to section 23 of the British Columbia Corrections Act, section 25 of the Ontario Corrections Services Act and section 76 of the Act respecting the Quebec correctional system).

The Committee notes the Government’s information that, in British Colombia, some correctional centres hold contracts with private enterprises to employ inmates, who work on a voluntary basis and are paid at set wages for the work completed. However, the employment laws do not apply to inmates regarding their participation in a work programme. In Quebec, the inmates work on a voluntary basis and receive a remuneration equal to one third of the minimum wage. They also receive protection regarding occupational safety and health, and contribute to certain social security schemes according to their incomes. The Committee also notes that, in Ontario, there are no forms of compulsory work made under the statutes, regulation or policies of the Ministry of Community Safety and Correctional Services, and that no judicial or administrative decisions, or investigations have noted any related findings or concerns.

2. Community corrections. The Committee previously noted the Government’s indication that, under the Criminal Code, following conviction, a court may suspend a sentence, and the offender may be released pursuant to conditions prescribed in a probation order (if there is not a minimum sentence of imprisonment prescribed). Pursuant to section 742.3(2)(d) of the Criminal Code, the court may prescribe that the offender perform up to 240 hours of community service over a period not exceeding 18 months. The Committee also noted the Government’s indication that all provinces also have some type of community corrections sentencing, and requested it to provide information on whether work performed in the context of these community corrections or community services programmes may be performed for private entities.

The Committee notes the Government’s information that the community services are performed for public bodies or non-profit organizations in Alberta, Newfoundland and Labrador and Quebec. The Committee requests the Government to indicate whether the community services can be performed for private entities in the other provinces.

Article 2(2)(d). Emergencies. The Committee previously noted the Government’s indication in its report that under the Emergencies Act, in the event of public welfare emergencies (section 8(1)(d)), a public order emergency (section 19(1)(d)) or a declaration of an international emergency (section 30(1)(e)), any person may be authorized to render essential services with reasonable compensation in respect of services rendered. Section 3 of the Emergencies Act defines the term “emergency” as an “urgent and critical situation of a temporary nature that seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or seriously threatens the ability of the Government to preserve the sovereignty, security and territorial integrity of Canada”.

The Committee notes the Government’s information that the Emergencies Act has never been applied and no declarations of emergency have been made since its enactment in 1988. Under the Alberta Emergency Management Act, a state of emergency was declared during the wildfires in the regional municipality of Wood Buffalo from 4 May to 30 June 2016. However, no labour was called up or conscripted for the wildfire response.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the Government’s first and second reports, received on 30 August 2013 and 10 October 2014. It also notes the observations from the Canadian Labour Congress (CLC), received on 4 September 2013 and 10 October 2014, as well as the Government’s reply thereto. It further notes the observations from the Confederation of National Trade Unions (CSN), received on 10 October 2014.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (a) Legal framework and law enforcement. The Committee notes that section 279.01 of the Criminal Code prohibits trafficking in persons (punishable with imprisonment of up to 14 years), as does section 118 of the Immigration and Refugee Protection Act. In this regard, the Government indicates that 12 legal proceedings for forced labour were initiated under provisions relating to trafficking between 2009 and May 2014, including three cases of domestic trafficking. There were convictions imposed by the courts in four cases during this period for international human trafficking, including the conviction of 25 accused persons and one company. These convictions resulted in sentences of imprisonment ranging from six months to nine years. The Committee notes the reference by the CSN to a 2013 report of the Royal Canadian Mounted Police (RCMP) entitled Domestic Human Trafficking for Sexual Exploitation in Canada. This RCMP report states that, despite the many successes, human trafficking investigations to date have only scratched the surface of the true extent of this crime in Canada. The report further states that in some locations across the country, law enforcement agencies and officers are not conducting human trafficking investigations as they are not always aware of relevant legislation, do not fully understand this crime, lack resources, or have competing priorities. The Committee requests the Government to provide information on measures taken to strengthen its efforts to combat trafficking in persons, including measures to provide appropriate training to law enforcement officials in this regard. The Committee also requests the Government to continue to provide information on the application of section 279.01 of the Criminal Code and section 118 of the Immigration and Refugee Protection Act in practice, including the number of prosecutions and convictions, the penalties applied, as well as copies of relevant court decisions.

(b) Prevention of trafficking and protection of victims. The Committee notes the Government’s indication that the National Action Plan to Combat Human Trafficking was released in June 2012, which proposes strategies to support organizations providing assistance to victims, and provides protection to foreign nationals from illegitimate or unsafe work. The National Action Plan includes a victims’ fund which is available for projects aimed at improving services to victims of trafficking in persons. Additionally, temporary residents permits (TRPs) are available to victims of trafficking, with 73 foreign nationals receiving such permits between May 2006 and December 2011. The Committee also notes the information provided by the Government regarding measures taken at the provincial level, such as the establishment in British Columbia of the Office to Combat Trafficking in Persons in 2007 and the adoption of a provincial action plan. The Committee requests the Government to pursue its efforts to identify victims of trafficking and to ensure that all such victims are provided with appropriate protection and assistance. It requests the Government to continue to provide information on measures taken in this regard, including measures taken within the framework of the National Action Plan to Combat Human Trafficking.

2. Temporary foreign workers. The Committee notes the allegations of the CLC that persons who enter the country under the Temporary Foreign Worker (TFW) programme may end up working in conditions amounting to forced labour. Work visas issued to temporary foreign workers are imprinted with the name of their employer, with restrictions on working for another employer, and significant restrictions prevent them from leaving a job when their rights are abused. The CLC provides examples of situations where migrant workers faced passport confiscation, contract substitution, inadequate housing conditions, wages below the minimum wage, the withholding of wages, unsafe working conditions, intimidation and sexual assault. Moreover, third party recruiters charge illegal fees, and temporary foreign workers are more vulnerable to violations relating to payroll and employment issues. Regarding monitoring, the CLC states that while the TFW programme lies within the federal jurisdiction, the monitoring of their employment conditions falls within the provincial/territorial jurisdiction, and therefore there is little effective monitoring of the working conditions of these workers. The only means for workers to seek redress from abuse is through filing a complaint, which could, nonetheless, jeopardize their ability to legally remain in Canada. Workers seeking redress face few options: raising objections with an employer may lead to deportation, while filing a complaint with the provincial labour relations bodies has had a very low success rate.

The Committee notes the Government’s reply to these allegations, indicating that temporary foreign workers are covered by the same protections as Canadian workers, and that the specific concerns raised by the CLC have been addressed through legislative amendments concerning trafficking in persons, new regulations for the TFW programme, as well as legislation, regulations and policies adopted by the provinces to strengthen protection and extend benefits for temporary foreign workers. The Government indicates that it plans to amend the Immigration and Refugee Protection Regulations in order to provide enhanced authority to verify employer compliance with TFW programme requirements and apply the necessary measures for non-compliance, including the power to inspect any premises in which a foreign national performs work. The Government indicates that temporary foreign workers cannot be penalized or deported for looking for another place to work and are allowed to change employers. In this regard, the Committee notes that the documents referred to in the Government’s reply show that migrant workers are able to change employers by applying for a new work permit. This documentation also evidences that employers may be subject to inspections during a period of six years from the date of issuance of a work permit for a temporary foreign worker, and that such inspections can include on-site visits without a warrant (except for private households) to verify compliance with federal and provincial/territorial legislation governing employment. The Government also indicates that changes to the TFW programme were announced in June 2014, which will include an increase in the number and scope of inspections of employers hiring temporary foreign workers. These changes will also include tougher penalties for non-compliant employers such as the suspension of the recruitment of further temporary foreign workers for two years and the introduction of financial sanctions. The Government is currently working on proposed changes to the TFW programme regulations. Lastly, the Committee notes the Government’s indication that a number of these cases referred to by the CLC have led to convictions by the courts and/or human rights tribunals.

The Committee notes the information on the Government’s website indicating that as of 2011, there were approximately 192,000 temporary foreign workers in Canada. The Committee requests the Government to continue to provide information on the measures taken to protect temporary foreign workers from exploitative work amounting to forced labour, including measures to facilitate access to relevant complaint mechanisms. Noting the Government’s indication that it will introduce financial penalties for non-compliance with the TFW programme regulations, the Committee also requests the Government to take measures to ensure that persons who engage workers in work amounting to forced labour are subject to sufficiently effective and dissuasive penal sanctions, in conformity with Article 25 of the Convention. Lastly, the Committee requests the Government to provide information on the number of inspections undertaken in workplaces employing temporary foreign workers, and the results of these inspections, including the number of violations detected relating to passport confiscation, non-payment of wages, contract substitution, poor working conditions and punishment of workers for seeking new employment, as well as the specific penalties applied.

3. Aboriginal victims of trafficking. The Committee notes the statement of the CSN that the Government is not taking the necessary measures to eradicate the phenomenon of trafficking of aboriginal women and girls. The CSN refers in this regard to the report of the RCMP of 2013, which states that several specific cases of domestic human trafficking for sexual exploitation have involved aboriginal victims. This report states that while the number of aboriginal victims does not comprise a large portion of the total number of victims in all cases where human trafficking-specific charges were laid, the aboriginal population is approximately four per cent of the total Canadian population, and therefore the number of trafficked aboriginal victims identified in these cases represents a higher proportion of victims. The Committee requests the Government to provide further information on the situation described by the CSN, as well as on the measures taken to specifically address the vulnerability of certain members of the aboriginal community to abusive practices and conditions that may amount to forced labour.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. The Committee notes that section 63 of the Public Service Employment Act states that an employee may resign from the public service by giving the deputy head notice in writing of his or her intention to resign, and the service ceases on the date specified by the deputy head, regardless of the date of the acceptance. The Committee notes that in the province of New Brunswick (pursuant to section 24 of the New Brunswick Civil Service Act) and the territory of Nunavut (pursuant to the Nunavut Public Service Act), the ability of civil servants to resign also appears to be contingent on the acceptance of this resignation. The Committee requests the Government to provide information on the conditions under which a resignation by a civil servant may be refused, as well as the number of acceptances and refusals, and where appropriate, the reasons for refusal, in the relevant jurisdictions, particularly regarding federal civil servants as well as those in New Brunswick and Nunavut.

2. Freedom of career members of the armed forces to leave the service. The Committee notes that section 15.02 of chapter 15 of the Queen’s Regulations and Orders for the Canadian Forces, on Release, states that no officer or non-commissioned member may claim his release as a right except: (i) an officer or non-commissioned member not on active service by reason of an emergency whose service entitles him to an immediate annuity under the Canadian Forces Superannuation Act; (ii) an officer or non-commissioned member who has completed a 20 or 25 year intermediate engagement; and (iii) an officer who completed a fixed period of service. Section 15.18 states that officers and non-commissioned members may also make a request for voluntary release. This request must be made in writing through the commanding officer and forwarded to the National Defence Headquarters. Recalling that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, the Committee requests the Government to provide information on the manner in which applications for voluntary release by career members of the armed services are generally treated, including information relating to the notice period, the number of acceptances and refusals and, where appropriate, reasons for such refusal.

Article 2(2)(c). Compulsory labour exacted as a consequence of a conviction in a court of law. 1. Prison labour. (a) Federal prisons. The Committee notes the Government’s statement that federal legislation does not contain provisions relating to compulsory prison labour. It notes that pursuant to the Corrections and Conditional Release Act, the Correctional Service of Canada encourages individuals convicted to a federal sentence to become actively involved in programmes, including employment and vocational training. The website of the Correctional Service of Canada indicates that the Service operates CORCAN, a programme that aims to provide offenders with employment and employability skills training. This employment includes opportunities to work in the community with not-for-profits as well as private sector enterprises. With reference to its 2012 General Survey on the fundamental Conventions, the Committee recalls that work by prisoners for private enterprises can be held compatible with the Convention where the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily, without being subjected to pressure or the menace of any penalty, by giving their formal, free and informed consent to work for private enterprises. In such a situation, work of prisoners for private parties would not be contrary to the Convention, since no compulsion is involved. Moreover, the Committee has considered that, in the prison context, the most reliable indicator of the voluntariness of labour is that the work is performed under conditions which approximate those of a free labour relationship, including with regard to wages, social security and occupational safety and health. The Committee requests the Government to provide further information on the manner in which consent is obtained from inmates who participate in employment programmes, including for private sector enterprises within the framework of CORCAN, as well as information on the wages, social security benefits and occupational safety and health of the participating prisoners.

(b) Provincial and territorial prisons. The Committee notes that in three provinces and territories, labour appears to be compulsory for prisoners in the provincial/territorial prisons, specifically in Newfoundland (pursuant to section 21 of the Prisons Regulations made under the Prisons Act), Nunavut (pursuant to section 18 of the Nunavut Corrections Act) and in Prince Edward Island (pursuant to section 10 of the PEI Correctional Services Act). The Committee requests the Government to provide information on the measures taken to ensure that, in the provinces and territories where prisoners are obliged to perform work, such work is carried out under the supervision and control of a public authority and that such prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

The Committee notes that in the majority of the provinces and territories, work in prisons is performed on a voluntary basis. It also notes that the legislation in several provinces permits prisoners to be engaged in work outside of the prison (pursuant to section 23 of the British Columbia Corrections Act, section 25 of the Ontario Corrections Services Act and section 76 of the Act respecting the Québec correctional system). The Committee requests the Government to provide information on whether, in the provinces where prison work is performed on a voluntary basis, this work may be performed for private enterprises, either within or outside of the prisons. If so, the Committee requests the Government to provide information, with regard to each province where work may be performed for private enterprises, on the manner in which the free, formal and informed consent of prisoners to perform such work is obtained, as well as information on the applicable wages, social security benefits and occupational safety and health measures.

2. Community corrections. The Committee notes the Government’s indication that, under the Criminal Code, following conviction, a court may suspend a sentence, and the offender may be released pursuant to conditions prescribed in a probation order (if there is not a minimum sentence of imprisonment prescribed). Pursuant to section 742.3(2)(d) of the Criminal Code, the court may prescribe that the offender perform up to 240 hours of community service over a period not exceeding eighteen months. The Committee also notes the Government’s indication that all provinces also have some type of community corrections sentencing. The Committee requests the Government to provide information, on whether work performed in the context of these community corrections or community service programmes, at both the federal and provincial level, may be performed for private entities.

Article 2(2)(d). Emergencies. The Committee notes the Government’s indication in its report that under the Emergencies Act, in the event of a public order emergency or a declaration of an international emergency, any person may be authorized to render essential services with reasonable compensation in respect of services rendered. Pursuant to this Act, the Governor in Council may make orders believed to be necessary for dealing with the public welfare emergencies (section 8(1)(d)), public order emergencies (section 19(1)(d)) and international emergencies (section 30(1)(e)) with respect to the “authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered”. Section 3 of the Emergencies Act defines the term “emergency” as an “urgent and critical situation of a temporary nature that seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or seriously threatens the ability of the Government to preserve the sovereignty, security and territorial integrity of Canada”. Recalling that, pursuant to Article 2(2)(d), the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation, the Committee requests the Government to provide information on the application of the Emergencies Act in practice, particularly information on any declaration of public welfare emergencies, public order emergencies and international emergencies.