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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1 and 2 of the Convention. Legislation and policy. Discrimination based on sex. Sexual harassment. The Committee notes with interest the adoption, at the federal level, of the Workplace Harassment and Violence Prevention Regulations (SOR/2020-130), which expanded the responsibilities of employers in federally regulated workplaces to prevent and address sexual harassment, notably by requiring them to: (1) conduct workplace assessments identifying risk factors for harassment and violence; (2) develop a Workplace Harassment and Violence Prevention Policy; and (3) establish emergency procedures to respond to occurrences or threats of harassment and violence. The Committee further notes the legislative reforms at the provincial level mentioned in the Government’s report, such as the 2017 and 2018 changes to Alberta’s Occupational Health and Safety (OHS) Act and Occupational Health and Safety (OHS) Code. The Government explains that Alberta’s legislation now includes a specific definition of sexual harassment and requires employers to establish a detailed harassment prevention plan. While welcoming these developments, the Committee observes that, according to a survey entitled “Sexual Misconduct and Gender-Based Discrimination at Work, 2020”, published by Statistics Canada in August 2021, 25 per cent of women and 17 per cent of men experienced sexual misconduct in their workplace in 2020. It also observes, from a report entitled “Worker’s Experiences of Inappropriate Sexualised Behaviours, Sexual Assault and Gender-based Discrimination in the Canadian Provinces”, published by Statistics Canada in August 2021, that almost half of women (47 per cent) working in certain occupations historically dominated by men, such as trades, transportation and equipment operation, experienced inappropriate sexualised behaviours in 2020. The Committee asks the Government to: (i) provide information on the impact of the Workplace Harassment and Violence Prevention Regulations on preventing and addressing sexual harassment in the workplace; and (ii) continue to report on any other measures taken or envisaged, at both the federal and provincial levels, to prevent and address sexual harassment through legislation, policies and education, particularly in male-dominated sectors.

Promotion of equality of opportunity and treatment. Employment equity designated groups. The Committee notes the Government’s indication that, in July 2021, it launched the Employment Equity Act Review Task Force to provide concrete, independent and evidence-based recommendations on modernising the provisions of the federal Employment Equity Act (EEA). The Task Force was notably tasked with examining: (1) the changes that should be made to the names and definitions of the current EEA four designated groups, namely women, Aboriginal peoples, persons with disabilities and members of visible minorities; and (2) whether the EEA’s designated groups should include additional populations, such as the LGBTQ2 communities (acronym used by the Government of Canada to refer to the Canadian community Lesbian, Gay, Bisexual, Transgender, Queer, Two-Spirit – latter term is used within certain indigenous communities). The Committee further notes that, according to the 2021 Employment Equity Act Report, published on the Government’s website, the representation of women in federally regulated private sector workplaces decreased from 39.5 per cent in 2019 to 39.1 per cent in 2020, while the representation of Aboriginal peoples, persons with disabilities and members of visible minorities slightly increased. It also notes from a survey entitled “Employment Equity in the Public Service of Canada for the Fiscal Year 2021-2022” that the representation of Aboriginal peoples within the core public administration remained stable during the fiscal years 2020–21 and 2021–022, while that of women, persons with disabilities and members of visible minorities slightly increased. The Committee asks the Government to: (i) provide information on the work conducted by the Employment Equity Act Review Task Force regarding the definition and scope of the employment equity groups currently designated by the EEA, as well as on any legislative reforms initiated or envisaged in this regard; (ii) provide up-to-date statistical information on the representation, in both the private and public sectors, of all the designated groups under the EEA; and (iii) indicate the measures taken or envisaged to enhance the representation of these groups, and particularly women, in the labour market, based on the recommend.

Promotion of equality of opportunity and treatment. Indigenous peoples. The Committee notes from a research paper entitled “Labour market impacts of Covid-19 on Indigenous people living off reserve in the provinces”, published by Statistics Canada in November 2021, that the employment rate among Indigenous people was 57.7 per cent in August 2021, while that of non-Indigenous people was 61.2 per cent. It also notes that the unemployment rate remained above its pre-pandemic level for both Indigenous (11.6 per cent in August 2021 compared to 10.3 per cent in February 2020) and non-Indigenous people (7.6 per cent in August 2021 compared to 5.5 per cent in February 2020), though Indigenous people were more likely to be unemployed than non-Indigenous people. According to the same research paper, this is mainly due to the fact that “Indigenous people are younger on average and […] more likely to be in lower-paying jobs and to hold casual or temporary employment contracts […] which have been more heavily impacted during the COVID-19 pandemic”. The Committee further notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that, on 1 January 2021, the Employment Equity Act (EEA) was amended to include new pay reporting provisions, according to which federally regulated private sector employers with at least 100 employees are required to include aggregated information on the pay gap experienced by Indigenous people. The Government adds that this information will be made publicly available through an online application, with a view to raising public awareness of pay gaps and prompting employers to reduce those gaps. The Committee asks the Government to: (i) report on the initiatives taken or envisaged, at both the federal and provincial levels, to improve the access of Indigenous people to employment and to a wider range of occupations with career prospects and higher pay, as well as on the impact of these initiatives; (ii) communicate statistical data on the pay gap between Indigenous and non-Indigenous people, in both the private and public sectors, at the federal and provincial levels; and (iii) provide information on the impact of the new reporting provisions included in the EEA with a view to identifying and reducing the pay gap experienced by Indigenous people in federally regulated private sector workplaces.

Protection against discrimination on grounds of race, colour or national extraction. The Committee again asks the Government to provide information on all legislative, policy and educational measures taken or envisaged, at both the federal and provincial levels, to improve protection against racial discrimination in employment and occupation, to reduce racial bias and prejudice by the public as well as by public and private employers, and to promote equal employment opportunities and treatment for African Canadians.

Migrant workers. The Committee notes that, according to a document entitled “Immigration as a Source of Labour Supply”, published by Statistics Canada in June 2022, the employment rate of recent (10 years or less) immigrants was 76.6 per cent in 2021, while that of Canadian-born people was 83.9 per cent. The same document states that the employment rate gap between recent immigrant workers and Canadian-born workers decreased from 13 percentage points in 2010 to 7 percentage points in 2021. The Committee further notes from a paper entitled “Valued Workers, Valuable Work. The Current and Future Role of (Im)migrant Talent”, published by the Conference Board of Canada in October 2021, that immigrants are an integral part of the essential workforce, as they are over-represented in food-manufacturing, truck transportation, and nursing and residential care facilities. The same paper also points out that overqualification – that is, namely the possession of qualifications beyond what are required to obtain a particular job – is common among immigrants employed in essential workplaces, particularly among immigrant women. The Committee finally notes that, according to a report entitled “Health and Safety of Agricultural Temporary Foreign Workers in Canada during the Covid-19 Pandemic”, published by the Office of the Auditor General of Canada in 2021, the inspections conducted in 2020 and 2021 by Employment and Social Development Canada (that is, namely the Government’s department responsible for implementing social programmes and policies at the federal level) provided little assurance of protection for the health and safety of agricultural workers who obtained residency status under the Temporary Foreign Worker Program (“TFWP”) during the COVID-19 pandemic. In addition, the same report found no evidence that Employment and Social Development Canada took any specific measures to identify and address systemic inequalities against agricultural temporary foreign workers – including inequalities based on gender, race, ethnicity, and religion – during the COVID-19 pandemic. The Committee asks the Government to provide information on all legislative, policy and educational measures taken or envisaged to: (i) address the causes of the still important employment gap between immigrant workers and Canadian-born workers; (ii) enhance the access of immigrant workers, and particularly women, to a wider range of occupations with career prospects and higher pay; and (iii) improve the working conditions and address the systemic inequalities faced by temporary immigrant workers, especially in the agricultural sector.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes that, in October 2022, the Minister of Employment, Workforce Development and Disability Inclusion presented a National Disability Inclusion Action Plan, which is organised under four mutually reinforcing pillars of action, namely: employment, financial security, accessible and inclusive communities, as well as a modern approach to disability. Regarding employment, the plan announces numerous actions, such as the implementation of an Employment Strategy for Persons with Disabilities that will: (1) help persons with disabilities find and keep good jobs, as well as advance in their careers or become entrepreneurs; (2) support employers as they develop inclusive workplaces; and (3) aid organisations and individuals who support persons with disabilities in employment. The Committee further notes from a report entitled “Earnings Pay Gap Among Persons With and Without Disabilities”, published by Statistics Canada in June 2023, that, among those aged 16 years and older, persons with disabilities earn 21.4 per cent less than persons without disabilities. In this regard, it notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that, since 1 January 2021, the Employment Equity Act (EEA) requires federally regulated private sector employers with at least 100 employees to include aggregated information on the pay gap experienced by persons with disabilities. The Government adds that this information will be made publicly available through an online application, with a view to raising public awareness of pay gaps and prompting employers to reduce those gaps. The Committee asks the Government to provide information on: (i)the measures taken, within the framework of the 2022 National Disability Inclusion Plan, to improve the access of persons with disabilities to employment and to a wider range of occupations with career prospects and higher pay, at both the federal and provincial levels, in the private and public sectors, and the results achieved; and (ii) the impact of the new reporting provisions included in the EEA on identifying and reducing the pay gap experienced by persons with disabilities in federally regulated private sector workplaces.

Gender identity and gender expression. The Committee notes with interest that, on 19 June 2017, the Government enacted the Act to amend the Canadian Human Rights Act and the Criminal Code, which amended the Canadian Human Rights Act (CHRA) to include “gender identity” and “gender expression” to the list of prohibited grounds of discrimination in federally regulated workplaces. It also notes that gender identity and/or gender expression are now expressly mentioned as prohibited grounds of discrimination in employment and occupation in the legislation of all Canadian provinces and territories. The Committee further notes that, in August 2022, the Government launched the Federal 2SLGBTQI+ Action Plan (latest acronym used by the Government of Canada. 2S: at the front, recognises Two-Spirit people as the first 2SLGBTQI+ community; L: Lesbian; G: Gay; B: Bisexual; T: Transgender; Q: Queer; I: Intersex, considers sex characteristics beyond sexual orientation, gender identity and gender expression; +: is inclusive of people who identify as part of sexual and gender diverse communities, who use additional terminologies), which seeks to address and prevent discrimination and stigma based on sexual orientation, sex characteristics, gender identity and expression, by prioritising community action and by coordinating the Government’s work in a holistic approach. It observes, however, that, according to the 2SLGBTQI+ Action Plan Survey, conducted from November 2020 to February 2021, discrimination remains a prevalent issue in the workplace for 2SLGBTQI+ people, with 30 per cent of transgender women and 22 per cent of transgender men stating that they have been denied employment opportunities due their gender identity in the past five years. The Committee asks the Government to provide information on: (i) the application in practice of the Canadian Human Rights Act and the Criminal Code (as amended in 2017), as well as of the legislation enacted at the provincial and territorial level regarding prohibition of discrimination based on gender identity and gender expression in employment and occupation, including information on any complaints filed, sanctions imposed and remedies granted; and (ii) the measures taken within the framework of the 2022 Federal 2SLGBTQI+ Action Plan to prevent and address stigma and discrimination on the grounds of gender identity and gender expression in employment and occupation, and the impact thereof.

Article 3. Direct and indirect discrimination. The Committee takes note of the adoption, in June 2019, of the Act respecting the Laicity of the State in Quebec. This new Act – which applies to all public and “parapublic” sectors, including all government departments and agencies, public transit authorities, school boards, and publicly subsidised childcare centres – prohibits employees from wearing religious symbols or face coverings while at work. In this regard, the Committee notes from a survey conducted by the “Observatoire sur la Formation à la Diversité et l’Equité” (OFDE) in 2020 that the new legislation resulted in numerous problematic situations in Quebec universities, including “negative and discriminatory treatment of student teachers (undergraduate) […], which are more frequent, normalized, overt, and even legitimized […]”. The same survey also points out that several factors increase the likelihood of being a victim of such problematic and discriminatory situations, namely identifying as female, being an immigrant, having a first language other than French, and belonging to a visible or religious minority. The Committee asks the Government to provide information on the measures taken or envisaged to assess and address the potential discriminatory effects of the 2019 Act regarding the Laicity of the State, particularly with respect to female workers, immigrant workers, non-French-speaking workers, and workers belonging to a visible or religious minority group.

Gender equality in employment and occupation of postal contractors. Indirect discrimination. The Committee recalls that section 13(5) of the Canada Post Corporation Act excludes “mail contractors”, such as rural and suburban mail carriers, from the application of Part I of the Canadian Labour Code. It also recalls that, according to the Canadian Labour Congress (CLC), this provision may constitute an indirect discrimination against women, since 71 per cent of rural and suburban mail carriers are women. The Committee once again asks the Government to examine and address the possible impact of section 13(5) of the Canada Post Corporation Act on equality of opportunity and treatment between men and women in the postal sector, including by gathering and communicating up-to-date statistical data, disaggregated by sex, on the number of rural and suburban mail carriers.

Access to justice and enforcement. The Committee again asks the Government to provide information on: (i) the measures taken and the results achieved to facilitate access to justice for Aboriginal peoples; and (ii) the labour inspections, complaints, administrative decisions, court and tribunal cases related to discrimination in employment and occupation on the grounds set out in the Convention.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1(1)(a) of the Convention. Discrimination on the grounds of political opinion and social origin. For a number of years, the Committee has been drawing the Government’s attention to the fact that the Canadian Human Rights Act (CHRA) does not give full expression to the principle of the Convention, as it does not prohibit discrimination based on social origin (or social condition) and political opinion in employment and occupation. It has also repeatedly urged the Government to take the necessary measures to amend the legislation applicable to specific provinces and territories, since: (1) the legislation in Alberta,British Columbia, Nova Scotia,Nunavut,Ontario,Prince Edward Island,Saskatchewan and Yukon does not include “social origin” (or “social condition”) as a prohibited ground of discrimination in employment and occupation (in Manitoba, it is the ground of “social disadvantage” that is prohibited); and (2) the legislation in Alberta,Nunavut,Ontario and Saskatchewan does not prohibit discrimination on the ground of “political opinion” in employment and occupation. The Committee notes with regret that the Government’s report still provides no information on any initiatives undertaken, at the federal or the provincial level, to give full legislative expression to the principle of the Convention. The Committee once again urges the Government to take, without delay, the necessary steps to amend the CHRA with a view to including both social origin (or social condition) and political opinion as prohibited grounds of discrimination in employment and occupation, as required under Article 1(1)(a) of the Convention.It further urges the Government to indicate the steps taken to this effect in the provinces and territories that have not yet included them as prohibited grounds of discrimination in their legislation, and to report on the progress made. It also again asks the Government to provide information on the manner in which workers are protected in practice against discrimination on the grounds of social origin and political opinion.

Article 2. National equality policy. The Committee recalls the Government’s indication that the federal Government is not in a position to develop and implement laws, regulations, policies and programmes at the federal level with respect to matters such as employment discrimination, where the provinces and territories exercise jurisdiction. The Committee encourages the Government to cooperate with employers’ and workers’ organizations with a view to promoting the development of a coherent national policy on equality in employment and occupation at the provincial and territorial level. Please provide information on the steps taken in this regard and on the results achieved.

Articles 2 and 3. Occupational gender segregation. The Committee notes the Government’s indication that, in 2018, it introduced the Gender Results Framework (GRF), which represents Canada’s vision for gender equality and measures the country’s ability to meet various objectives regarding this issue. One of the general goals set by the GRF is “economic participation and prosperity [for women]”, mainly through: (1) increased labour market opportunities for women, especially women in under-represented groups; (2) better gender balance across occupations; and (3) more women in higher-quality jobs, such as permanent and well-paid jobs. The Committee further notes the information provided by the Government on the measures undertaken and the investments made at the provincial level to advance women’s representation in skilled trades and technical professions. In Alberta, for example, the Government has recently invested 2.9 million dollars to support skills development training for women in Information Technology (IT) and Science, Technology, Engineering and Mathematics (STEM) fields. Despite these developments, the Committee observes from the data available on the website of Statistics Canada that the participation rate of women has remained stagnant since 2017 (61.5 per cent) and that the employment rate has only slightly increased (58.3 per cent in 2022 compared to 57.9 per cent in 2017). The data also show that women are still over-represented in certain lower-paid occupations, such as health occupations (79.6 per cent women), while they remain significantly under-represented in management occupations (35.3 per cent women). In this regard, the Committee notes that, according to a study entitled “A Labour Market Snapshot of Black Canadians during the Pandemic”, published by Statistics Canada in February 2021, almost one third of employed Black women (31.7 per cent) worked in health care and social assistance in January 2021, and over four-fifths (81.2 per cent) of these women were immigrants. The same study also shows that employed Black women were also under-represented in management occupations (4.3 per cent), compared with non-visible minority women (6.9 per cent). Consequently, the Committee asks the Government to provide information on the specific measures undertaken, within the framework of the Gender Results Framework as well as at the provincial level, to effectively address gender-based occupationalsegregation (both horizontal and vertical), and urges the Government to take all necessary measures to promote the access of women, especially Afro-Canadian women, to a wider range of employment and training opportunities in areas traditionally dominated by men, and to report on the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes the observations of the Canadian Labour Congress (CLC), received on 31 August 2015, the observations of the Public Service Alliance of Canada (PSAC), received on 31 August 2015, and the observations of the National Union Confederation (CSN), received on 31 August 2015.

Articles 1 and 2 of the Convention. Legislation and policy. Discrimination based on sex. Sexual harassment. The Committee recalls that section 247.4 of the Canadian Labour Code requires employers in federally regulated workplaces to develop a sexual harassment policy and to communicate this policy to all employees, and that, under Part II of the Canadian Labour Code, labour inspectors have the authority to investigate complaints and inspect workplaces to ensure compliance with this obligation. The Committee also notes the proactive initiatives launched by the Labour Program in the Ports Authorities and Airlines industry for self assessment on compliance with the requirement of the Canadian Labour Code repealing violence prevention and sexual harassment. The Committee further notes the steps taken at the provincial level to address sexual harassment, including the release by the Ontario Government in March 2015 of the “Its Never Okay: An Action Plan to Stop Sexual Violence and Harassment”. The Committee also notes the view of the CLC that legislation should require employers to establish formal policies and procedures to deal with situations of harassment, and joint workplace human rights committees, so as to ensure better compliance. The Committee asks the Government to continue providing information on the steps taken to prevent and address sexual harassment through legislation, policies, education and practical measures, particularly in male-dominated sectors, at the federal and provincial levels.

Promotion of equality of opportunity and treatment. Employment equity designated groups. The Committee notes from the information provided by the Government on the representation in employment of the four designated groups under the Employment Equity Act (EEA), namely women, visible minorities, persons with disabilities and aboriginal people, that representation in employment increased only very slightly in both the public and private sectors over the period 2013–15. The Committee notes the changes to the Federal Contractors Program and asks the Government to report on their impact on ensuring equality of opportunity and treatment in employment and occupation for the four designated groups, based on the compliance assessments periodically undertaken. The Committee notes the information on the Canada Jobs Fund and asks the Government to provide information on its results in terms of training and employment of persons within the four designated groups. It also requests the Government to continue providing information on the representation in employment of the four designated groups under the EEA, and assessments of the progress achieved.

Promotion of equality of opportunity and treatment. Indigenous peoples. The Committee notes that the representation of aboriginal peoples was 2.1 per cent in the federally regulated private sector and 5 per cent in the federally regulated public sector in 2013. The Committee notes the Government’s indication that between 2010 and 2015 under the Aboriginal Skills and Employment Training Strategy (ASETS), the Skills and Partnership Fund (SPF) and the First Nationals Job Fund (FNJF), 249,300 individuals have been assisted of whom 89,600 have secured employment, and 39,140 have returned to school. The Committee also notes the extensive and detailed information on the programmes and projects in Newfoundland and Labrador, Alberta, Manitoba and Ontario regarding improved access to skill training, employment, self employment, business support and other support services for aboriginal men and women. In Alberta, for example, as a result of the Aboriginal Training to Employment Program and the First Nations Training to Employment Program, 81.2 per cent of the 1,222 participants secured employment. The Committee notes the indication by the CSN that, despite the federal and Quebec programmes promoting equality, indigenous peoples have difficulty accessing employment, particularly when it is well remunerated. The CSN refers to studies which identify problems in education and training as reasons for their situation in the labour market and it emphasizes the role that stereotypes and prejudice held by the public and employers in Quebec play in limiting their equal employment opportunities. The Committee asks the Government to continue providing information on the initiatives taken to improve access of aboriginal men and women to employment and to a wider range of occupations at the federal and provincial levels, as well as the impact of these initiatives. The Committee also repeats its request to indicate whether any research or survey has been conducted on the retention rate of aboriginal peoples who obtain employment through the various programmes described in the Government’s report.

Protection against discrimination on grounds of race, colour or national extraction. The Committee notes the CSN’s indication that members of certain ethnic and racial groups experience employment discrimination based on negative attitudes and the practices of employers. It notes the conclusions of the report of the United Nations Working Group of Experts on People of African Descent on its mission to Canada in September 2017 (A/HRC/36/60/Add.1, 16 August 2017) that African Canadians have disproportionately high unemployment rates, that many are forced to take low-paying jobs with little security and poor prospects and that the situation is even worse for African Canadian women. The Committee further notes that the Racism Free Workplace Strategy is no longer in operation. It however notes with interest the adoption of the Anti-Racism Act on 1 June 2017 in Ontario which aims to address the distinct nature of racism towards black people and covers systemic discrimination against indigenous as well as Black communities. The Committee also welcomes the adoption of “A better way forward: Ontario’s 3 year Anti-Racism Strategic Plan”, which contains awareness-raising objectives. The Committee asks the Government to continue to report on all legislative, policy and educational measures taken to improve protection against racial discrimination in employment and occupation, to reduce racial bias and prejudice by the public as well as public and private employers, and to promote equal employment opportunities and treatment for African Canadians.

Migrant workers. The Committee notes the observation of CSN that in its view migrant workers are vulnerable to discrimination based on race, language, social origin and sex. It notes the findings of the Working Group of Experts that “many seasonal migrant workers of African descent are subjected to deplorable working conditions”. In this regard, the Committee notes that further legislative, regulatory and administrative changes were made between 2012 and 2015 to improve protections for temporary migrant workers under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). In particular, the Committee notes the Government’s indication that a new regulation, which came into force on 1 December 2015, provides for stronger consequences for non-compliant employers, including stronger penalties. It also notes that the leaflet “Your rights are protected” was distributed all over Canada to reach more foreign workers. It further notes the changes in the Live-in Care Program (LCP) to reduce the vulnerability of caregivers, the majority of whom are migrant women. The Committee also notes the steps taken at the provincial level to improve protection for migrant workers. The Committee asks the Government to continue to report on all legislative, policy and educational measures taken to improve protection against discrimination directed or having an impact on migrant workers based on the grounds set out in the Convention.

Article 1(1)(b). Additional grounds of discrimination. Disability. Recalling that persons with disabilities are protected under the Employment Equity Act, the Committee notes the detailed information on the training and employment promotion programmes aimed at improving the employment situation of people with disabilities, including the Labour Market Agreements for Persons with Disabilities the panel report “Rethinking Disability in the Private Sector of 2013”, the Opportunities Fund for Persons with Disabilities and the extension of the Enabling Accessibility Fund. The Committee also notes the detailed information on the programmes and projects established at the provincial level to support the education, training and employment of persons with disabilities. The Committee asks the Government to continue providing information on the measures taken to facilitate and promote training and employment opportunities for persons with disabilities in the public and private sectors, at the federal level and in the provinces and territories, and the results achieved.

Other additional grounds of discrimination. The Committee notes with interest that pursuant to the Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012, “gender identity” and “gender expression” are now included as prohibited grounds of discrimination under the Ontario Human Rights Code and in the Policy on preventing discrimination because of gender identity and gender expression, issued by the Ontario Human Rights Commission in 2014. Noting the observations of the PSAC calling for the Canadian Human Rights Act (CHRA) to be amended to prohibit discrimination based on gender identity, the Committee asks the Government to report on any measures taken to extend the prohibited grounds to include discrimination based on gender identity in employment and occupation.

Article 3. Gender equality in employment and occupation of postal contractors. Indirect discrimination. The Committee recalls that section 13(5) of the Canada Post Corporation Act excludes a “mail contractor” from the application of Part I of the Canada Labour Code which, according to the CLC, discriminates against women since 71 per cent of rural and suburban mail carriers are women. The Committee notes the Government’s indication that, since 2004, most of the rural and suburban postal carriers are unionized employees and thus are no longer mail contractors. The Government states that since Canada Post does not engage contractors based on gender, overt discrimination does not exist, and that it is difficult to determine whether systemic discrimination has occurred because Canada Post does not have statistics to confirm the sex of its contractors or its employees. In its most recent communication, the CLC indicates that it is continuing to wait for a resolution of this problem. The Committee asks the Government to take steps to examine and address the impact of the exclusion pursuant to section 13(5) of the Canada Post Corporation Act on equality of opportunity and treatment between women and men, including by taking steps to gather the necessary gender disaggregated statistics.

Access to justice and enforcement. With reference to its previous comments, the Committee notes the information provided by the Government on the Aboriginal Justice Strategy (AJS), the Access to Justice in Both Official Languages Support Fund and the Language Rights Support Program (LRSP), which has continued its information and promotional initiatives to assist organizations and groups seeking to assert their minority language rights. The Committee further notes the information on the Specific Claims Tribunal Process aimed at accelerating the resolution of specific claims brought by First Nations peoples against the Government relating to reserve lands and other assets, which was supplied by the Government in its written response to questions posed by the United Nations Committee on the Elimination of Racial Discrimination during the Interactive Dialogue on 14–15 August 2017. The Committee notes that as a result of the repeal of section 67 of the CHRA, a number of aboriginal-related complaints have been filed against the Federal Government, which would have been shielded by section 67. The Committee further notes the Government’s indication that the Canadian Human Rights Commission (CHRC) has continued its efforts to promote and facilitate human rights redress for First Nations peoples during the reporting period. The Committee also notes the detailed information provided on discrimination complaints brought before the CHRC. The Committee welcomes the information provided by the Government on court and tribunal cases related to discrimination in employment. The Committee asks the Government to continue providing information on the measures taken and results achieved to facilitate access to justice for aboriginal peoples, including under the AJS and the LRSP, and to support the filing and resolution of complaints under the Specific Claims Tribunal Process and before the CHRC. The Committee also asks the Government to provide information on labour inspections, complaints, administrative decisions, court and tribunal cases related to discrimination in employment and occupation on the grounds set out in the Convention.

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

The Committee notes the observations of the Canadian Labour Congress (CLC) received on 31 August 2015, the observations of the Public Service Alliance of Canada (PSAC) received on 31 August 2015, the observations of the Confederation of National Trade Unions (CSN) received on 31 August 2015, and the observations of the Coalition of Residential Resources of Quebec (RESSAQ) received on 27 August 2015.

Article 1(1)(a) of the Convention. Discrimination on the grounds of political opinion and social origin. The Committee recalls that it has repeatedly urged the Government to amend the Canadian Human Rights Act (CHRA) and to take the necessary steps to amend the legislation applicable to specific provinces and territories to include the grounds of social origin (or “social condition”) and political opinion as prohibited grounds of discrimination in employment and occupation. The Committee notes with regret the Government’s indication that it has not proposed such amendments to the CHRA or taken any steps to ensure that the legislation of the provinces and territories be amended. It notes the view of the Canadian Human Rights Commission that the addition of such prohibited grounds of discrimination would also better reflect and address the realities of discrimination. The Committee notes the CLC’s observations that social inequalities are a growing problem and “social origin” and “political opinion” should be included as prohibited grounds of discrimination in the CHRA. Recalling that “social condition” is used in Canadian legislation and jurisprudence in a manner consistent with the term “social origin” in the Convention, the Committee notes that the grounds of social origin or social condition are only covered in the legislation of Quebec, Northwest Territories, New Brunswick, and Newfoundland and Labrador; that the ground of “social disadvantage” is prohibited in Manitoba and that the grounds of “political opinion or belief” are prohibited grounds of discrimination in employment in Yukon, Newfoundland, British Columbia, Manitoba, Quebec, Nova Scotia, Prince Edward Island, New Brunswick, and the Northwest Territories. The Committee once again urges the Government to take concrete steps to amend the CHRA to include social origin (or social condition) and political opinion as prohibited grounds of discrimination in employment and occupation and to indicate progress made in this regard. It further asks the Government to identify the steps taken to include these grounds in the legislation of these provinces and territories that have not yet included them as prohibited grounds and report on the progress made. The Committee also asks the Government to provide information on the manner in which workers are protected in practice against discrimination on grounds of social origin and political opinion.

Article 2. National equality policy. The Committee notes that the CLC has repeatedly stressed the need for the development of a more structured national policy on equality in employment and occupation that encompasses unifying principles for all jurisdictions and expresses the goals to be achieved. The Government repeats its indication that all Canadian governments are pursuing and coordinating active policies designed to implement the Convention, and that the federal Government is not in a position to develop and implement laws, regulations, policies and programmes at the federal level with respect to matters such as employment discrimination, where the provinces and territories exercise jurisdiction. The Committee encourages the Government to discuss this matter with representatives of workers’ and employers’ organizations with a view to developing, at the federal level, a coherent national policy on equality in employment and occupation, and to provide information on the steps taken in this regard and the results achieved.

Articles 2 and 3. Occupational gender segregation. The Committee recalls its previous comments addressing issues of persisting inequalities between men and women. The Committee notes the information on the various measures and programmes undertaken at the federal and provincial levels to advance women’s representation in skilled trades and technical professions, including in the apprenticeship programme. It also notes the new requirement, which came into effect on 31 December 2014, for companies listed on the Toronto Stock Exchange to report publically on steps they are taking to increase the number of women on boards. Despite these measures, the Committee notes the concern of the PSAC that women’s participation in the labour force has remained stagnant and that women remain concentrated in areas that are underpaid and subject to staffing cuts. They point out that the situation is more serious for Afro-Canadian and indigenous women and for women with disabilities. They also point to the existence of discriminatory practices against persons with family responsibilities and the lack of childcare services which has a negative impact, in particular on women’s employment opportunities. The Committee notes the indication by the CLC that the Government is undertaking a gender-based analysis of the apprenticeship programmes to help address the under representation of women in non-traditional work and that the CLC makes a number of recommendations for the Government to consider. The Committee further notes the observations of the CSN underlining the difficulty young women face in entering the labour market and the negative impact of gender-based occupational segregation. The Committee also notes that in his letter of mandate, the Prime Minister has called on the Minister of the Status of Women, along with the Minister of Innovation, Science and Economic Development, to review the current collection of gender statistics and their use by departments to develop, monitor and evaluate policies and programmes, with the goal of increasing the participation of women in fields where they are under-represented. The Committee asks the Government to continue to provide information on the steps taken both at the federal and the provincial levels to address the structural barriers resulting in gender-based occupational segregation (both horizontal and vertical) and to promote women’s access to training and employment in areas traditionally dominated by men, including through the apprenticeship programmes. The Committee asks that the Government will take into account the recommendations of the CLC in this regard. Please also provide information on the results of the review called for by the Prime Minister and the follow-up action taken, specifically in relation to Afro-Canadian and indigenous women and women with disabilities who face challenges entering the labour market.

Article 3. Gender equality in employment and occupation of postal contractors. Indirect discrimination. The Committee recalls the concerns raised by the CLC relating to indirect discrimination against postal contractors and addresses this issue in its direct request.

Gender equality in employment and occupation of residential welfare workers in Quebec. Indirect discrimination. The Committee notes the concerns raised by the RESSAQ on the discriminatory impact of the Law on Representation Resources (LRR) on their members, the majority of whom are women, and addresses this issue in its observation under the Equal Remuneration Convention, 1951 (No. 100).

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislative developments. Provincial. The Committee notes with interest that pursuant to the Manitoba Human Rights Code Amendment Act, which was adopted on 14 June 2012, “gender identity” is now included as a prohibited ground of discrimination under section 9(2)(g) of the Manitoba Human Rights Code. It also notes that the Ontario Integrated Accessibility Standards Regulation was promulgated on 18 June 2011, and provides for an obligation of the public and private sectors to ensure accessibility standards for persons with disabilities. The Government indicates that under this Regulation, accessibility standards, such as the availability of accommodation, are ensured at all stages of employment, including recruitment, retention, career development and reintegration into the labour force. The Committee further notes that the New Brunswick Human Rights Commission updated its Guideline on Political Belief and Activity, with regard to discrimination in employment and occupation on the basis of political belief or activity under sections 3 to 7 of the New Brunswick Human Rights Act. The Committee asks the Government to continue to provide information on the legislative and policy developments at the federal, provincial, and territorial levels, and to indicate the impact of such measures.

Sexual harassment. The Committee notes the Government’s indication that for the fiscal year 2011–12, the Canadian Human Rights Commission registered 66 complaints concerning sexual harassment out of 3815 total complaints. Most cases of violations detected through general labour inspections concerned non-existence of a sexual harassment policy or employers’ failure to post the policy to be known to employees, both of which are required pursuant to section 247.4 of the Canada Labour Code. The Committee also notes with interest that the Ontario Occupational Health and Safety Act was amended to include employers’ obligation to develop workplace violence and workplace harassment policies and programmes (part III.0.1 of the said Act). It further notes that in New Brunswick, following the adoption of a Guideline on sexual harassment in June 2011, seven complaints concerning sexual harassment at the workplace were filed for the period until May 2012. The Committee asks the Government to continue to provide information on the measures taken to address sexual harassment through legislation and policies both at the federal and provincial levels, and to provide specific information on measures taken to prevent and address sexual harassment in practice, including awareness-raising activities among workers and employers. The Committee also asks the Government to continue to provide information on the number and nature of violations detected by or reported to the labour inspectorate, including those related to employers’ obligation to develop a sexual harassment or workplace harassment policy, as laid out by the Canada Labour Code and the Ontario Occupational Health and Safety Act, as well as on any judicial or administrative decisions dealing with sexual harassment, including the remedies provided or sanctions imposed.

Employment equity designated groups. The Committee notes the updated statistical information provided by the Government on the representation of the four designated groups under the Employment Equity Act, namely, women, visible minorities, persons with disabilities, and aboriginal peoples. With regard to the recommendation by the Canadian Labour Congress to include LGBT (lesbian, gay, bisexual and transgender) workers as a designated group, the Committee notes the Government’s indication that LGBT workers are protected against discrimination under the Canadian Human Rights Act. The Committee also notes the Government’s indication that the Employment Equity Act continues to be applied through its statutory programmes (the Federal Contractors Program, and the Legislated Employment Equity Program), supported by the Racism-Free Workplace Strategy (RFWS), as well as through labour market agreements for persons with disabilities. The Opportunities Fund for Persons with Disabilities has an annual budget of $26.7 million. The RFWS, which focuses primarily on visible minorities and aboriginal peoples, includes building networks among employers and designated groups to work on innovative partnership approaches to training, recruitment, advancement and retention, and raising awareness of employers including disseminating tools and best practices. As a result, 830 individuals representing 490 organizations participated in the RFWS supported activities. The Government adds that progress has been made in assisting employers to develop non-discrimination policies, and between April 2010 to March 2011, 529 interventions with employers were completed providing direct assistance to employers with resources, tools and expertise to address issues of diversity and racism in the workplace. The Committee asks the Government to provide information on the following:

• (i) the representation levels in employment and occupation of the four designated groups under the Employment Equity Act (EEA);
• (ii) whether any research or study has been conducted on the representation of LGBT in employment and occupation, with a view to modifying the designated groups under the EEA, and any measures taken in practice to protect LGBT workers against discrimination;
• (iii) the impact of the measures taken under the Racism-Free Workplace Strategy to address discrimination against visible minorities and aboriginal peoples in employment and occupation;
• (iv) the impact of the measures taken under the labour market agreements for persons with disabilities and the Opportunities Fund for Persons with Disabilities; and
• (v) whether any consideration has been given to the recommendation of the Canadian Labour Congress to foster the use of equity audits within organizations and institutions.

Equal employment opportunities for aboriginal peoples. The Committee notes that the representation of aboriginal peoples was 1.9 per cent in the federally regulated private sector, and 4.5 per cent in the federal public sector for the year 2009, according to the statistics provided by the Government. The Committee recalls the Government’s indication that the Aboriginal Skills and Employment Training Strategy resulted in more than 14,300 people finding employment and 7,000 returning to school in 2010–11. It notes the Government’s indication that the Skills and Partnership Fund is funded at 210 million Canadian dollars (CAD) for the period from 2010–15, and that the Aboriginal Skills and Employment Partnership programme resulted in the development of partnerships between industrial leaders in the private sector and aboriginal peoples. The Committee further notes the Government’s indication that Newfoundland and Labrador, Manitoba, New Brunswick, Nova Scotia and Ontario have funded various projects and programmes concerning improving access to employment for aboriginal peoples. In New Brunswick, for example, as a result of various employment programmes, 26 aboriginal persons under the Work Ability Program, 45 aboriginal persons under the Workforce Expansion Program, and 13 aboriginal persons under the Student Employment and Experience Development Program received workplace opportunities. The Committee asks the Government to continue to provide information on the various initiatives concerning improving access of aboriginal peoples to employment and to a wider range of occupations, at the federal and provincial levels, as well as the impact of such initiatives. It also asks the Government to indicate whether any research or survey has been conducted on the retention rate of aboriginal peoples receiving employment opportunities through the various programmes.

Migrant workers. Federal. The Committee notes the Government’s indication that amendments made to the Immigration and Refugee Protection Regulations (sections 183 and 200 to 203), which came into effect on 1 April 2011, provide further protection for temporary foreign workers. The increased protection includes the establishment of criteria for assessing the genuineness of an employer’s offer of employment to a temporary foreign worker (sections 200(5) and 203(1)(a)), and additional criteria in the case of Live-in Care Givers (section 203(1)(d)), as noted in the Committee’s previous comments. In addition, a list of employers who have been found to have failed to provide wages, working conditions or employment in an occupation that were substantially the same as those offered shall be maintained (section 203(6)). The Government further indicates that employer compliance reviews are performed randomly, and a brochure “Your Rights are Protected” has been published targeting temporary foreign workers. The Committee asks the Government to provide information on the practical application of the amended Immigration and Refugee Protection Regulations in the context of the Temporary Foreign Work Program and the Live-in Caregiver Program, including the number and nature of violations of the rights of migrant domestic workers detected, and any sanctions imposed and remedies provided.

Provincial. The Committee notes that in Nova Scotia, the Worker Recruitment and Protection Act, which amended the Labour Standards Code, came into force in May 2011. The amendments include prohibiting employers from eliminating or reducing a benefit or condition of a foreign worker’s employment that the employer undertook to provide in the course of recruitment (section 89F(1) of the amended Labour Standards Code), and requiring employers who wish to recruit foreign workers to register with the Director of Labour Standards (section 89H of the amended Labour Standards Code). In Ontario, following the adoption of the Employment Protection for Foreign Nations Act (Live-in Caregivers and Others) of 2009, 43 complaints by live-in caregivers were investigated for the period from 1 April 2010 to 31 December 2011. The Committee asks the Government to provide information on the practical application of the Nova Scotia amended Labour Standards Code of 2011, and the Ontario Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others) of 2009, including information on the number and nature of complaints brought before the courts on the rights of migrant workers. Please provide information on any other legislative or practical measures taken in the various jurisdictions in order to better promote equality of opportunity and treatment of migrant workers in employment and occupation.

Access to justice. The Committee recalls its previous comments asking the Government to indicate the measures taken to ensure equal access to justice with a view to addressing violations of discrimination in employment and occupation, especially in the context of the Court Challenges Program. It notes the Government’s indication that a comprehensive range of initiatives, programmes and special measures have been taken to facilitate access to justice for all at the federal, provincial, and territorial levels. Among others, the Access to Justice in Both Official Languages Support responds to the needs of official language minority communities by providing provinces, the judiciary and non governmental organizations working in the justice sector with the resources necessary to build appropriate institutional capacity to deliver legal services. The Government indicates that the Aboriginal Justice Strategy increases access to justice by strengthening collaboration between formal justice systems and aboriginal community-based justice systems. In addition, the Canadian Human Rights Commission, through its National Aboriginal Initiative, has undertaken a number of measures to raise awareness of the rights and protection under the Canadian Human Rights Act among First Nations peoples, including the release of a Human Rights Handbook for First Nations in June 2011, which has been translated into English, French and four indigenous languages. In Ontario, Legal Aid provides services in many languages to enhance access to justice for aboriginal peoples, non-English or French speakers, and the hearing impaired. The Committee asks the Government to continue to provide information on the measures taken to foster equality of access to justice, including under the Aboriginal Justice Strategy and the Access to Justice in Both Official Languages Support for language minorities, with respect to discrimination in employment and occupation, and to indicate the impact thereof.

Enforcement. The Committee notes the detailed information provided by the Government concerning discrimination complaints brought before the Canadian Human Rights Commission, and cases from Quebec. The Committee also welcomes the information provided by the Government on court and tribunal cases related to discrimination in employment. The Committee also notes the Government’s indication that aboriginal peoples, including First Nations peoples, have filed a total of 150 complaints against the federal Government, for the period from 2008 to May 2012. According to the Government, the complaints include alleged disparity in federal funding for services such as education, policing, child welfare and disability support. The Committee asks the Government to continue to provide information on discrimination complaints brought and registered, and on courts and tribunal cases related to discrimination in employment, at the federal, provincial and territorial levels. The Committee also asks the Government to provide information on the number and nature of the complaints lodged before the Canadian Human Rights Commission by First Nations peoples, including with respect to the Indian Act of 1985.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination on the grounds of political opinion and social origin. The Committee recalls its previous comments urging the Government to amend the Canadian Human Rights Act and to take the necessary measures to amend the legislation of specific provinces and territories, as the grounds of social origin or “social condition” and political opinion are only covered by the legislation of Quebec, Northwest Territories, New Brunswick and Newfoundland and Labrador. The Committee also recalls that “social condition” is used in Canadian legislation and jurisprudence in a manner consistent with the term “social origin” under the Convention.

The Committee notes that pursuant to the Manitoba Human Rights Code Amendment Act, which was adopted on 14 June 2012, discrimination in employment based on “social disadvantage” which is based on a negative bias or stereotype related to the said disadvantage is now prohibited under the Manitoba Human Rights Code (sections 9(1), 9(2.1), and 14(1)). “Social disadvantage” is defined to mean diminished social standing or social regard, due to (a) homelessness or inadequate housing; (b) low levels of education; (c) chronic low income; or (d) chronic unemployment or underemployment (section 1). The Committee also notes the Government’s indication that the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms provide comprehensive protection against discrimination including for the poor and other vulnerable groups in society. The Committee notes, however, that social origin or “social condition” is not specifically enumerated as a prohibited ground of discrimination under the Canadian Charter of Rights and Freedoms or the Ontario Human Rights Code. The Committee asks the Government to take concrete steps to amend the Canadian Human Rights Act (CHRA) to include social origin or “social condition” and political opinion as prohibited grounds of discrimination in employment and occupation, and to indicate any progress made in this regard, including information on any follow-up measures taken to the research paper released in 2009 by the Canadian Human Rights Commission on adding the ground of “social condition” to the CHRA. The Committee also asks the Government to provide information on the practical application of the Manitoba Human Rights Code with regard to the prohibited ground of “social disadvantage”. Please further indicate any steps taken to include social origin or “social condition” and political opinion in the legislation of the relevant provinces and territories, including Ontario.

Gender equality in employment and occupation. The Committee recalls that section 13(5) of the Canada Post Corporation Act excludes a mail contractor from the application of Part I of the Canada Labour Code. It also recalls the observation provided by the Canadian Labour Congress that the exclusion discriminates against women, who accounted for 71 per cent of rural and suburban mail carriers. The Committee notes the Government’s acknowledgement that men and women are concentrated in different economic sectors. The Government indicates that there is no obvious or intended link between section 13(5) and gender discrimination. The Committee asks the Government to take measures to examine and address the impact of the exclusion pursuant to section 13(5) of the Canada Post Corporation Act on women, in terms of equality of opportunity and treatment in employment and occupation.

The Committee notes the Government’s indication on the measures taken for the increase of women’s access to various occupations, including apprenticeship programmes, in which women accounted for 16 per cent in total, and 3 per cent in non-traditional sectors in 2010. Sector councils at the federal level have started implementing strategies designed to encourage women to enter non-traditional sectors, including construction and mining. The Committee also notes the similar measures taken to increase women’s access to non-traditional occupations, including political office, science, engineering and technology, at the provincial levels, including New Brunswick, Nova Scotia, and Ontario. The Committee asks the Government to continue to provide information on the measures taken both at the federal and the provincial levels, to promote women’s access to employment and occupation, including those that have been traditionally dominated by men, as well as on the impact of such measures.

National policy. The Committee recalls the observation by the Canadian Labour Congress stressing the need for a more structured national policy on equality in employment and occupation that encompasses unifying principles for all jurisdictions. The Committee notes the Government’s indication that all Canadian jurisdictions are pursuing and coordinating active policies designed to implement the Convention, and that the federal Government is not in a position to develop and implement laws, regulations, policies and programmes at the federal level with respect to matters such as employment discrimination, where the provinces and territories exercise jurisdiction. The Committee asks the Government to provide information on any initiative at the federal level to address differences of policies on equality in employment and occupation at the provincial and territorial levels, and to indicate any measures taken to coordinate provincial and territorial equality policies. Please also indicate how the social partners collaborate in such initiatives and measures at the federal level.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations provided by the Canadian Labour Congress (CLC) referred to in the Government’s report.

Legislative developments. Federal. Recalling its comments on the repeal of section 67 of the Canadian Human Rights Act (CHRA), which previously limited the access of First Nations peoples to the protection of the CHRA, the Committee notes that the Government has adopted several measures under the National Aboriginal Initiative in order to raise awareness among First Nations peoples of the CHRA. The Committee notes that in this context the Canadian Human Rights Commission (CHRC) participated in regional discussions organized by the Congress of Aboriginal Peoples and the Assembly of First Nations; it also collaborated with the Native Women’s Association of Canada in order to develop comprehensive tools with the aim of better informing women of the First Nations peoples of their rights under the CHRA, and participated in activities organized by the Indigenous Bar Association, which aimed to develop community-based dispute resolution processes, taking into account the particular situation of certain groups such as women, children and persons with disabilities. The Committee asks the Government to continue to provide information on measures taken to raise awareness of the rights and protection offered by the CHRA among the First Nations peoples. The Committee asks the Government to provide information on the number and types of complaints filed before the CHRC by First Nations peoples, including with respect to the Indian Act, 1985, following the repeal of section 67 of the CHRA.

Legislative developments. Provincial. The Committee notes that the Alberta Human Rights Act was amended on 1 September 2010 and now includes sexual orientation as a prohibited ground of discrimination in employment. The Committee also notes the amendments to the Saskatchewan Human Rights Code, which the Government indicates were aimed at improving the timeliness of decisions by allowing appeals from the decisions of the Chief Commissioner to be made directly to the courts rather than first proceeding to the Human Rights Tribunal. The Committee also notes that the Ontario Integrated Accessibility Regulation (IAR) came into effect on 1 July 2011, establishing under the Employment Accessibility Standard requirements across the public, private and not-for-profit sectors for the inclusion of persons with disabilities in all phases of the employment life cycle, including recruitment, retention, career development and return to work. The Committee welcomes these developments, and asks the Government to continue to provide information on the legislation and policy developments at the provincial level, as well as regarding the impact of such measures. The Committee reiterates its request for such information regarding the territories.

Sexual harassment. Recalling its previous comments on the low number of sexual harassment complaints, the Committee notes that in 2009 the Canadian Human Rights Commission registered 105 complaints concerning sexual harassment, and that in 2010, 114 complaints were filed. The Committee notes that the Manitoba workplace safety and health regulations came into effect on 1 February 2011, requiring employers to protect workers from harassment in the workplace and to develop and follow a written policy providing a process to receive and investigate complaints of harassment, and to take corrective action. The Committee also notes that the New Brunswick Human Rights Commission adopted guidelines on sexual harassment in June 2011. The Committee asks the Government to continue providing information on measures taken to address sexual harassment through provincial legislation and policies, and to provide specific information on measures taken to prevent and address sexual harassment in practice. The Committee also asks the Government to provide specific information on labour inspection activities related to employers’ compliance with the obligation to develop a sexual harassment policy statement, as laid out by the Canada Labour Code, and to indicate the number and nature of violations detected by or reported to the labour inspectorate and any action taken, as well as any judicial or administrative decisions dealing with sexual harassment, including the remedies provided or sanctions imposed. The Committee once again asks the Government to provide information on the results of the review of the enforcement system as it relates to sexual harassment.

Employment equity designated groups. Women, visible minorities, persons with disabilities and aboriginal peoples. The Committee notes that currently under the Employment Equity Act (EEA), the four designated groups are defined as women, persons with disabilities, aboriginal peoples and members of visible minorities, and that the CLC favours the recognition of five equity-seeking groups, namely women, persons with disabilities, aboriginal peoples, racialized workers, and LGBT (lesbian, gay, bisexual and transgender) workers. The Committee notes the information provided regarding the developments in the representation levels of designated groups under the EEA, which has increased for women (from 41.7 per cent to 44.1 per cent between 2008–10 in executive positions within the public sector), and for visible minorities (from 9.2 per cent to 10.7 per cent between 2008–10 in the public sector), and appears again to have stagnated for aboriginal peoples and persons with disabilities. The Committee notes that the Government has set up initiatives to increase the employment rate of persons with disabilities, including through the labour market agreements for persons with disabilities and the Opportunities Fund for Persons with Disabilities. The Committee notes that following the Employment Equity Compliance Reviews conducted under the Federal Contractors Program (FCP), in 2009, 150 employers were ineligible to receive contracts exceeding 25,000 Canadian dollars (CAD) because they were found to be non-compliant or voluntarily withdrew from the programme. The Committee also notes from the Employment Equity Audits: Legislated Employment Equity Program (LEEP) that, in 2010, the CHRC completed 53 audits and found 32 employers to be non-compliant with the requirements of the EEA. The Committee also notes that the CLC encourages the Government to foster the use of “equity audits” within organizations and institutions. The Committee further notes that the Racism-Free Workplace Strategy, developed under Canada’s Action Plan against Racism, aims to promote equality of opportunity for visible minorities and aboriginal peoples, by setting up various activities to raise awareness on employment equity with the collaboration of employers, including through building local networks, providing practical tools, best practices, success stories and business cases. The Committee asks the Government to indicate whether any steps have been taken or are envisaged to modify the designated groups under the EEA in order to include LGBT (lesbian, gay, bisexual and transgender) workers, as recommended by the CLC, and to indicate any other measures to protect LGBT workers against discrimination. The Committee asks the Government to continue providing statistical information on the representation of designated groups and to indicate the specific measures taken to increase their employment rate, particularly with regard to aboriginal peoples and persons with disabilities. The Committee asks the Government to provide information on the impact of the measures taken under the labour market agreements for persons with disabilities and the Opportunities Fund for Persons with Disabilities. The Committee also asks the Government to indicate how the application of the EEA is monitored and enforced for non-compliant employers and to indicate whether there have been any judicial or administrative decisions regarding the non-compliance of employers. The Committee welcomes the detailed information on the FCP and asks the Government to continue providing such information, and to indicate whether consideration has been given to the recommendation of the CLC to foster the use of equity audits within organizations and institutions. Please provide more detailed information on the impact of the measures taken under the Racism Free Workplace Strategy to address discrimination against visible minorities in employment and occupation.

Court Challenges Program. The Committee recalls its previous comments requesting the Government to consider reinstating the Court Challenges Program (CCP), eliminated in September 2006, which provided assistance for test cases of national significance in order to clarify the rights of official language minority communities and the equality rights of disadvantaged groups. The Committee notes the Government’s indication that the Court Challenges Program has not been reinstated and that the promotion and protection of rights is fostered through legislation, judicial institutions and policies such as the Human Rights Program of the Department of Canadian Heritage, the Inter-Action Program of the Department of Citizenship and Immigration Canada, and the Women’s Program of Status of Women Canada. The Committee notes that the Government launched the Language Rights Support Program (LRSP) on 22 December 2009, setting up a panel of experts composed of nine members designated by the Minister of Canadian Heritage and Official Languages. The Committee recalls that, while funding under the CCP was partially restored with respect to language rights, in the context of the LRSP, it does not cover other non-linguistic minority and discrimination issues. Noting that the Government does not intend to reinstate the Court Challenges Program, the Committee asks the Government to indicate specifically the measures taken in order to ensure equal access to justice for aboriginal peoples, African Canadians and persons belonging to minority groups. The Committee asks the Government to provide more detailed information on measures taken under the Language Rights Support Program in order to foster equality of access to justice for language minorities, in particular, with respect to discrimination in employment and occupation and to indicate the results thereof.

Indigenous peoples. The Committee notes that initiatives have recently been launched to support training and improve employment opportunities for aboriginal peoples, including the Aboriginal Skills and Employment Training Strategy which resulted in more than 14,300 people finding employment and 7,000 returning to school between 2010 and 2011, and the Skills Partnership Fund, launched for 2010–15, also aimed at improving employment for aboriginal peoples. The Committee also notes that under the Aboriginal Skills and Employment Partnership, which has been extended until 2012, 36 projects are under way with a target of 8,000 people obtaining employment. With respect to aboriginal women, the Committee notes the Government’s indication that employment projects were funded through the Human Resources and Skills Development Canada’s Aboriginal Skills and Training Strategic Investment Fund, and the Aboriginal Skills and Employment Partnership Program, covering a range of activities, such as training and work experience for aboriginal single mothers. The Committee notes the New Brunswick initiatives to improve access to employment for aboriginal communities through training and job placement projects, including the Joint Economic Development Initiative (JEDI), the Aboriginal Workforce Development Initiative (AWDI), and the Aboriginal Employment Services Initiative (AESI). The Committee also notes that the Labrador Aboriginal Affairs (LAA), has been mandated to coordinate various policies and programmes related to issues faced by aboriginal peoples, including the Labrador Aboriginal Training Partnership, which aims to facilitate training and employment for aboriginal peoples in the resource sector, and that the Ontario Northern Training Partnership Fund was launched in July 2010 aimed at providing skills training for aboriginal and non-aboriginal northern Ontarians. The Committee asks the Government to provide information on the impact of the initiatives taken by the Government to improve the employment opportunities of aboriginal peoples, including statistical data on their representation within different sectors and occupations, and to provide information on the number of people securing employment following the training provided under the Aboriginal Skills and Employment Training Strategy and under the Aboriginal Skills and Employment Partnership. The Committee asks the Government to provide more specific information on measures taken, including under the Aboriginal Skills and Employment Partnership Program, to increase aboriginal women’s employment and to address the discrimination they face in employment and occupation. The Committee welcomes the detailed information provided on the different initiatives launched in the provinces and asks the Government to continue providing such information as well as information on the impact of such initiatives, including in the territories.

Migrant workers. The Committee notes the Government’s indication that in April 2011, regulatory amendments were introduced to the Temporary Foreign Worker Program, in order to provide better protection for temporary foreign workers, including live-in caregivers, which include measures to ensure that employers offer adequate accommodation to caregivers and that they have sufficient financial resources to pay the wages being offered. Changes were also brought to the Live-in Caregiver Program in 2010, including offering emergency processing and delivering of work permits in cases where live-in caregivers need to leave the employer’s home urgently, and an enhanced employment contract with new mandatory clauses, including with respect to paid benefits. The Committee notes from the observations provided by the CLC that in April 2010, eligibility requirements for permanent residency applications from live-in caregivers were changed, allowing two options to calculate their work-time experience – 24 months of full-time employment or a total of 3,900 hours in authorized full-time employment – and eliminating the obligation to pass a second medical examination. The CLC also notes that if the live-in caregiver applies for permanent residency, and the application is unsuccessful, they may be deported, thus the threat of deportation may reduce the likelihood of caregivers reporting excessive work hours or inadequate living conditions. The Committee welcomes the new Ontario Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), adopted on 22 March 2010. The Committee notes that the Act prohibits employers and recruiters from charging placement fees to foreign live-in caregivers, from taking reprisals against caregivers exercising their rights, withholding documents, and provides for the use of enforcement mechanisms established by the Ontario Employment Standards Act, 2000 (ESA). The Committee notes that under the legislation, the Ontario Ministry of Labour conducted 42 inspections and closed 13 claims between 1 April 2010 and 31 March 2011, and that 67 claims were filed by live-in caregivers. The Committee notes that amendments have been drafted to the Nova Scotia Labour Standards Code aimed at improving protection for temporary foreign workers, such as prohibiting recruitment fees and other unfair treatment. The Committee also notes that in order to address barriers to the recognition of foreign qualifications, Quebec adopted Bill No. 53 on the Act to create the Office of Commissioner for complaints concerning mechanisms for the recognition of professional competence, amending the Professional Code (R.S.Q., Chapter C 26). Recalling the previous concerns raised regarding exploitation and abuse faced by migrant domestic workers under the Live-in Caregiver Program, as well as the issues raised by the CLC, the Committee asks the Government to provide specific information on any violations reported or detected, and any sanctions imposed or remedies provided. Please also provide a copy of the regulatory amendments to the Temporary Foreign Work Program and the Live-in Caregiver Program, and provide specific information on the impact of these changes in protecting migrant workers from discrimination in employment and occupation on the grounds set out in the Convention and on any other measures taken in this context. The Committee also asks the Government to provide information on the application in practice of the Ontario Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others) of 2010, with respect to any complaints brought before the courts on the rights of migrant domestic workers under the Live-in Caregiver Program, as well as information on the status of the amendments to the Nova Scotia Labour Standards Code. Please provide information on any other legislative or practical measures taken in the various jurisdictions in order to better promote equality of opportunity and treatment of migrant workers in employment and occupation.

Enforcement. The Committee notes the detailed information provided by the Government concerning discrimination complaints brought before the CHRC, and registered in British Columbia, Ontario, Quebec, Alberta and Manitoba. The Committee also welcomes the information provided by the Government on court and tribunal cases related to discrimination in employment. The Committee asks the Government to continue providing such information, and to include information for the provinces of Nova Scotia and Saskatchewan, and the territories.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations provided by the Canadian Labour Congress (CLC) referred to in the Government’s report.

Discrimination on the grounds of political opinion and social origin. The Committee recalls its previous comments in which the Committee urged the Government to take the necessary measures with a view to the amendment of the Canadian Human Rights Act (CHRA) and the legislation of specific provinces and territories, to include the grounds of political opinion and social origin as prohibited grounds of discrimination, the Committee notes with regret that the Government does not provide any indication that steps have been taken in this regard with respect to the CHRA, or to the legislation of the territories or most of the provinces concerned. The Committee further recalls its previous comments in which it noted that the CLC had expressed concern at the rise in social inequalities in Canada, and that a research paper released in 2009 by the Canadian Human Rights Commission concluded that adding the ground of “social condition” to the Canadian Human Rights Act would extend protection to the most marginalized and vulnerable groups in society, providing them with better access to legal recourse.

The Committee notes that although there still has been no change at the provincial and territorial levels in terms of adding social origin or political opinion as grounds of discrimination, the Manitoba Human Rights Commission has recommended the inclusion of “social disadvantage” or “social condition” to the Human Rights Code, thus encompassing “social origin” based on Canadian legislation and jurisprudence. The Committee further notes that the New Brunswick Human Rights Commission has developed and published a Guideline on Political Belief and Activity intended to raise awareness on individuals’ rights and responsibilities under the New Brunswick Human Rights Act. In the jurisdiction of Newfoundland and Labrador, the Human Rights Act, 2010 was adopted, which, as was the case under the previous legislation, prohibits discrimination on a range of grounds, including social origin and political opinion.

Recalling that the ground of social origin or “social condition” is only covered by the legislation of Quebec, Northwest Territories, New Brunswick and Newfoundland, and that political opinion continues to be absent from the federal legislation, as well as from the legislation of Alberta, Ontario, Saskatchewan and Nunavut, the Committee once again urges the Government to amend the CHRA and to take the necessary measures with a view to amending the legislation of the relevant provinces and territories, to include social origin or “social condition” and political opinion as prohibited grounds of discrimination in employment and occupation, and to provide information on the concrete steps taken in this regard. The Committee also asks the Government to provide information on any developments regarding the inclusion of “social condition” as a prohibited ground of discrimination in the Manitoba Human Rights Code, and encourages the Government to take this opportunity to take measures to have the ground of political opinion also included.

Gender equality in employment and occupation. The Committee notes the CLC’s comments relating to section 13(5) of the Canada Post Corporation Act, which states that a mail contractor is not deemed to be a dependent contractor or an employee within the meaning of the Canada Labour Code. The CLC considers that this discriminates against women as they account for 71 per cent of the rural and suburban mail carriers, and the composition of dependent contractors is predominantly women. The Committee also recalls its previous comments noting concerns regarding the restructuring of the Status of Women Canada (SWC), resulting in the closure of a number of the SWC’s regional offices, thus making access to the services of the SWC more difficult for women, particularly in remote and rural areas. The Committee notes that the Government considers that there has been no negative impact due to the restructuring of the SWC on women’s access to programmes and services regarding employment and occupation, and that numerous projects have been funded addressing women’s economic security and prosperity with a specific focus on supporting women in non-traditional occupations. The Government indicates that in 2011, the SWC launched the Blueprint Projects which aim, inter alia, to help community-based organizations improve financial and growth opportunities for women business owners, increase recruitment of women in non-traditional work, and retain and promote women in non-traditional and under-represented sectors. The Committee also notes that the SWC continues to promote sustainable gender-based analysis (GBA) which must be conducted by federal departments with respect to all policies and programmes to ensure that the outcomes benefit both women and men. The Committee further notes that under the New Brunswick Wage Gap Initiatives, various initiatives and projects have been launched in order to promote non-traditional career options of both women and men, and that Ontario has launched training programmes to increase the representation of women in non-traditional fields of employment, that benefited 450 women between 2009–11. The Committee asks the Government to provide information on the impact of the exclusion pursuant to section 13(5) of the Canada Post Corporation Act on women in terms of equality of opportunity and treatment in employment and occupation and to indicate whether any measures are being taken to address the issues raised by the CLC. The Committee asks the Government to provide information on the impact of the measures taken under the Blueprint Projects with respect to the increase of women’s representation in non-traditional work and to provide information on the outcome of GBA conducted in federal departments. The Committee also asks the Government to continue providing information on measures taken to promote women’s access to occupations that have been traditionally dominated by men, including in the provinces and territories, and to provide information on the impact of such measures in increasing women’s representation in traditionally male-dominated occupations.

National policy. The Committee notes that the CLC considers that there is a need for a more structured national policy which would encompass unifying principles for all jurisdictions, express goals to be achieved and provide for holistic approaches for integrating workplace developments. The CLC also notes that a better oversight is needed to ensure that regulatory reforms, labour market changes and technological innovations are made with the aim to reduce inequalities. The CLC notes in particular that part-time and temporary work should be systematically examined as well as income inequalities, especially for women, young workers and economically marginalized groups, and that the social partners should be involved in all processes dealing with the promotion of equality of opportunity in employment and occupation. The Committee asks the Government to indicate whether any steps have been taken or envisaged to address the issues raised by the CLC, including with respect to the need for a more structured national policy and to indicate how the social partners collaborate in this process.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative developments. Federal. The Committee previously noted the repeal of section 67 of the Canadian Human Rights Act, which had limited the access of First Nations peoples to the protection of the Canadian Human Rights Act. Regarding the effect of the repeal, the Committee notes the Government’s indication that a comprehensive review will be undertaken by 2013, and a study, in dialogue with national Aboriginal organizations, is expected to be released by the end of 2011. The Committee also notes the concerns raised by the Government regarding the impact of the repeal on the number and complexity of complaints that will need to be dealt with by the Canadian Human Rights Commission (CHRC) since it is now mandated to deal with complaints addressing the application of the Indian Act, 1985. The Committee requests the Government to continue to provide information on the progress made in reviewing the effect of the repeal of section 67 of the Canadian Human Rights Act on the right of First Nations peoples to protection against non-discrimination in employment and occupation, and measures taken to address the impact on the CHRC of the repeal. Welcoming the information on the awareness-raising activities undertaken provided by the Government, the Committee requests that such information continue to be provided.

Legislative and policy developments. Provincial. The Committee notes the adoption of legislation in Nova Scotia to broaden the definition of “family member” for the purposes of taking unpaid protected leave for compassionate care, and to prohibit mandatory retirement policies/plans/schemes or practices. The Committee notes, however, the Government’s indication that there is uncertainty regarding the amendments to end mandatory retirement, due to a decision of the Supreme Court of Canada which allowed mandatory retirement under a pension plan. The Committee notes that the Ontario proposed Employment Accessibility Standard aimed at removing barriers at all stages of the employment cycle for persons with disabilities, is in the latter stages of development. The Committee also notes the Quebec strategy for the integration and maintenance of employment of persons with disabilities, which includes, among other measures, public procurement provisions, and the establishment in Saskatchewan of the Diversity Task Force for the public service. The Committee asks the Government to continue to provide information on the legislative and policy developments at the provincial level, as well as regarding the impact of such measures. Please also include such information relating to the territories.

Sexual harassment. In response to its concerns regarding the prevalence of sexual harassment of women in employment and the low number of complaints, the Committee notes the Government’s indication that the labour inspectors, when conducting workplace inspections, will ask about the sexual harassment policy statement which is required under the Canada Labour Code, and will require the employer to meet the Code’s requirements in this regard. The Committee also notes that according to the Government, discussions are under way regarding the need for a more efficient enforcement system. Noting the general information provided by the Government, the Committee again requests the Government to provide detailed information on the number and nature of violations detected by or reported to the labour inspectorate regarding sexual harassment, including concerning the absence of a sexual harassment policy statement, and any action taken, as well as any judicial or administrative decisions dealing with sexual harassment. The Committee also asks the Government to provide specific information on any other measures taken to prevent and address sexual harassment in practice, and on the results of the review of the enforcement system as it relates to sexual harassment.

Employment equity designated groups. Women, visible minorities, persons with disabilities and Aboriginal peoples. The Committee notes the information provided regarding the change in the representation levels of the four designated groups under the Employment Equity Act, which has increased for women and visible minorities, and appears to have stagnated with regard to Aboriginal peoples and persons with disabilities. The Committee notes the information provided regarding the outcome of the 632 compliance reviews under the Employment Equity Audits: Federal Contractors Program (FCP), resulting in six employers being found to be non-compliant, and thus ineligible to receive contracts over 25,000 Canadian dollars. The Committee also notes the information regarding the Employment Equity Audits: Legislated Employment Equity Program (LEEP) pursuant to which the CHRC audits federally regulated employers. The Committee requests the Government to continue to provide information on the employment equity audits and on any other initiatives aimed at increasing the representation levels of the designated groups, and the results thereof. Please also provide information on the impact of measures to address discrimination against visible minorities in employment and occupation, including under Canada’s Action Plan against Racism, and the Racism-Free Workplace Strategy.

Court Challenges Program. The Committee previously requested the Government to consider reinstating the Court Challenges Program (CCP), which was eliminated in September 2006, which provided assistance for test cases of national significance in order to clarify the rights of official language minority communities and the equality rights of disadvantaged groups. The Committee had also noted the concerns raised by the United Nations Committee on the Elimination of Racial Discrimination (CERD) in light of the elimination of the CCP regarding the difficulties of access to justice for Aboriginal peoples, African Canadians and persons belonging to minority groups, and that no equivalent support mechanism has been put in place (CERD/C/CAN/CO/18, 25 May 2007, paragraph 26). The Committee notes the Government’s indication that the CCP has not been reinstated, but that a new Language Rights Support Program has been established. The Committee notes the report of the independent expert on minority issues, indicating that while the funding under the CCP was partially restored with respect to language rights, it does not cover other non-linguistic minority and discrimination issues, and recommending that the abolition of the CCP be reviewed (A/HRC/13/23/Add.2, 8 March 2010, paragraphs 22 and 108). A similar recommendation was made by the United Nations Committee
on the Elimination of Discrimination against Women (CEDAW) (CEDAW/C/CAN/CO/7, 7 November 2008, paragraphs 21–22). The Committee requests the Government to take steps to ensure that women, Aboriginal peoples, African Canadians and persons belonging to minority groups have effective access in practice to procedures to address violations of discrimination in employment and occupation, including reviewing the decision to abolish the CCP, and to provide information on the steps taken in this regard.

Gender equality in employment and occupation. Recalling the range of activities of the Status of Women Canada (SWC) to promote gender equality in employment and occupation, the Committee notes the concerns expressed by the CEDAW regarding the restructuring of the SWC which has resulted in the closure of a number of the SWC’s regional offices, thus making access to the services of the SWC more difficult for women, particularly in remote and rural areas (ibid., paragraphs 25–26). The Committee requests the Government to review the impact of the restructuring of the SWC on women’s access to programmes and services that assist their access to employment and occupation, and to take steps to address any detrimental effects. The Committee also requests the Government to continue to provide information on initiatives to promote the employment of women in occupations that have been traditionally dominated by men, and the impact thereof.

Aboriginal peoples. The Committee notes the information provided regarding the range of initiatives to support training and improve employment opportunities for Aboriginal peoples, including the Aboriginal Human Resources Development Strategy, the Aboriginal Skills and Training Strategic Investment Fund, and the Pan-Canadian Innovations Initiative, one of the projects of which focuses on providing Aboriginal women with training and personal support to assist them in integrating into non-traditional jobs within the mining, petroleum and natural gas sectors. Welcoming the initiatives to improve the employment opportunities of Aboriginal peoples, the Committee requests the Government to continue to provide information on the impact of these initiatives in terms of improving the access of Aboriginal peoples to employment and to a wider range of occupations. Please also provide information of any other initiatives to promote equality and address discrimination against Aboriginal peoples in employment and occupation, including those focusing on Aboriginal women, at the federal, provincial and territorial levels.

Migrant workers. The Committee notes the general information provided by the Government regarding the Live-in Caregiver Program, which is part of the Temporary Foreign Workers Program, including the indication that measures are being taken to address monitoring and compliance issues through a multi-regional and multi-sector monitoring initiative. The Committee also notes the hotline established, and consultations initiated by the Ontario Government with a view to improving the working conditions of vulnerable temporary foreign workers, including through the adoption of new legislation to better protect employees who are part of the federal Live-in Caregiver Program. The Committee also notes the initiatives to address barriers to qualifications recognition of migrant workers, including the adoption of the Manitoba Fair Registration Practices in Regulated Professions Act, 2009, and the Pan-Canadian Framework for the Assessment and Recognition of Foreign Qualifications. In addition, the Committee notes the Quebec programme to assist the integration of immigrants and visible minorities in employment, which since 2005 has led to 2,400 participants finding employment. Noting concerns raised previously regarding exploitation and abuse of migrant domestic workers under the Live-in Caregiver Program, and the particular vulnerability of domestic workers, the Committee once again asks the Government to provide specific information on the nature of the monitoring and follow-up undertaken, the number and nature of violations of the rights of migrant domestic workers reported or detected, and any sanctions imposed or remedies provided. The Committee also requests information on the follow-up to the initiatives taken in Ontario to better protect migrant workers, and regarding any similar initiatives in other Canadian jurisdictions. Please also provide information on any further initiatives to promote equality of migrant workers in employment and occupation.

Enforcement. Welcoming the detailed information provided by the Government regarding discrimination complaints and court and tribunal cases at the federal level and for many of the provinces, the Committee asks the Government to continue to provide such information, including for the provinces of British Columbia, Nova Scotia and Saskatchewan, as well as the territories. Please also provide information on the impact of the new complaints procedure in Ontario on monitoring and enforcement of the non-discrimination provisions.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination on the grounds of political opinion and social origin. Recalling the importance of prohibiting discrimination on all the grounds enumerated in the Convention, the Committee had previously urged the Government to take the necessary measures to amend the Canadian Human Rights Act and the relevant legislation of the provinces and the territories, to include the grounds of political opinion and social origin. The Committee notes the communication of the Canadian Labour Congress (CLC) expressing concern at the visible rise in social inequalities in Canada, and supporting the inclusion of social origin and political opinion as prohibited grounds of discrimination in Canadian and provincial law. The Committee notes the Government’s indication that the Canadian Human Rights Commission (CHRC) in 2009 released a research paper on the issue of adding “social condition” to the Canadian Human Rights Act. This paper concludes that “social condition” should be added as a ground of discrimination for a number of reasons, including because it would extend protection to one of the most marginalized and vulnerable groups in society, and provide them a more accessible avenue for legal recourse. The Government indicates that no research or consultations have been undertaken regarding the addition of “political opinion”.

The Committee notes that there has been no change at the provincial and territorial levels in terms of adding social origin or political opinion as grounds of discrimination. In relation to the legislation of Ontario, the Government refers to the grounds of race, ancestry, citizenship, ethnic origin and place of origin as sufficient to encompass “social origin”. The Committee recalls that discrimination based on “social origin” occurs when an individual’s membership in a class or socio-occupational category determines his or her occupational future, either because he or she is denied certain jobs or activities, or assigned certain jobs; it is thus distinct from discrimination based on the grounds of race, ancestry, citizenship, ethnic origin and place of origin. The Committee had noted previously the concerns of the CHRC, which are reiterated by the CLC, regarding the visible rise in social inequalities in Canada, which in the view of the Committee, highlights the importance of addressing discrimination based on class and socio-occupational categories. The Committee notes from the 2009 CHRC research paper, that “social condition” is used in Canadian legislation and jurisprudence in a manner consistent with the term “social origin” under the Convention.

Noting that the ground of “social condition” or “social origin” is only covered as a ground of discrimination in the legislation of Quebec, Northwest Territories, New Brunswick and Newfoundland, and that “political opinion” is absent in the federal legislation, as well as in the legislation of Alberta, Ontario, Saskatchewan and Nunavut, the Committee urges the Government to take the necessary measures, without further delay, with a view to the amendment of the Canadian Human Rights Act and the legislation of the relevant provinces and territories, to include social origin or condition and political opinion as prohibited grounds of discrimination in employment and occupation. The Committee firmly hopes that the Government will be able to report progress in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Federal level

Sexual harassment. The Committee notes that in response to its previous comments regarding the prevalence of sexual harassment of women in employment and the low number of complaints, the Government refers to the provisions of the Canada Labour Code relating to sexual harassment, as well as the initiatives of the Canadian Human Rights Commission aimed at prevention and information sharing regarding discrimination and harassment. The Committee notes that section 247.4(1) of the Canada Labour Code states that “Every employer shall, after consulting with the employees or their representatives, if any, issue a policy statement concerning sexual harassment.” The Committee requests the Government to provide detailed information on the concrete follow-up to the policy statements concerning sexual harassment, including by the labour inspectorate. Please also include information on the number and nature of cases of sexual harassment, detected by the labour inspectorate, the action taken in respect thereof, as well as any legal or administrative decisions dealing with sexual harassment.

Employment equity designated groups – women, visible minorities, persons with disabilities and aboriginal peoples. The Committee notes the increase in the representation levels of the four designated groups under the Employment Equity Act, and the numerous initiatives taken in pursuance of this objective. The Committee notes from the Government’s report and the 2007 annual report of the Canadian Human Rights Commission that the audit process to determine compliance with the Employment Equity Act has been streamlined, with a greater focus on progress, results and evidence-based analysis of compliance. The Committee notes further that tools and training have been developed in the context of both the Racism-Free Workplace Strategy and the Workplace Integration Strategy for Persons with Disabilities. According to the Government’s report, the proposed duty to accommodate policy is no longer limited to persons with disabilities, and is now aimed at all grounds prohibited under the Canadian Human Rights Act. The Committee requests the Government to continue to provide information regarding the employment equity audits and the various initiatives aimed at increasing the representation levels of the designated groups, and the results thereof.

Court Challenges Program. The Committee notes the Government’s confirmation that the Court Challenges Program (CCP), which provided assistance for test cases of national significance in order to clarify the rights of official language minority communities and the equality rights of disadvantaged groups, was eliminated in September 2006. The Committee also notes the concerns raised by the Committee on the Elimination of Racial Discrimination in light of the elimination of the CCP regarding the difficulties of access to justice for aboriginal peoples, African Canadians and persons belonging to minority groups, and that no equivalent support mechanism has been put in place (CERD/C/CAN/CO/18, 25 May 2007, paragraph 26). The Committee requests the Government to consider reinstating the CCP or an equivalent mechanism, and to provide information on the steps taken in this regard.

Gender equality in employment and occupation. Noting the activities of the Status of Women Canada (SWC) to promote gender equality in employment and occupation, the Committee would welcome receiving further updates regarding such activities and their impact. The Committee also reiterates its request for information on measures taken or envisaged to promote the employment of women in occupations that have traditionally been dominated by men.

Migrant domestic workers. In response to concerns raised regarding exploitation and abuse of migrant domestic workers under the federal Live-in Caregiver Program, the Government refers to counselling and information provided to migrant workers, as well as increased monitoring and follow-up of employer compliance under the Temporary Foreign Worker Program. The Committee requests further information regarding the Temporary Foreign Worker Program. Please also provide information regarding the nature of the monitoring and follow-up undertaken, the number and nature of violations of the rights of migrant domestic workers detected, and any sanctions imposed or remedies provided.

Provinces and territories

Legislative developments. Discrimination based on age, disability, family status and family responsibilities. The Committee notes from the Government’s report that legislation removing the mandatory retirement age has been adopted in British Columbia, Ontario, and Newfoundland and Labrador. The Committee also notes that legislation on accommodating disabled workers has been adopted in Manitoba, and that the amendments to the Act respecting equal access to public bodies to include persons with disabilities among the target groups are now in force in Quebec. The Committee further notes the addition of “family status” as a prohibited ground of discrimination under the Newfoundland and Labrador Human Rights Code. The Committee also notes the new family leave entitlements under the Manitoba Employment Standards Code. The Committee requests the Government to provide information on the application in practice of the new provisions.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Legislative developments. The Committee notes with interest that section 67 of the Canadian Human Rights Act, which had limited the access of First Nations peoples to the protection of the Canadian Human Rights Act, was repealed in June 2008. The Committee also notes that the Canadian Human Rights Commission has begun an outreach strategy to raise awareness of First Nations peoples regarding the Act and to prepare for its implementation. The Committee notes further that a comprehensive review of the effects of the repeal will take place in five years. The Committee requests the Government to provide information on the effect in practice of the repeal of section 67 and the awareness raising undertaken on the right of First Nations peoples to non-discrimination in employment and occupation.

Discrimination on the grounds of political opinion and social origin. With reference to its previous comments requesting the Government to include political opinion and social origin as prohibited grounds of discrimination in the Canadian Human Rights Act, the Committee notes the Government’s reply that more consultation and analysis needs to be carried out with respect to these grounds before deciding on amendments to the Act. The Committee recalls that an independent review panel established in 1999 had recommended that “social condition” be added as a prohibited ground of discrimination, which the Government considers to be broader than social origin, and had also recommended that consideration be given to the need for the ground of political belief to also be included. The Committee also notes from the 2007 annual report of the Canadian Human Rights Commission that “the visible rise of social inequalities in Canada has sparked renewed debate over whether ‘social condition’ should be added as the 12th prohibited ground of discrimination”. The report goes on to state that the Commission began research in 2007 to better understand the larger social and institutional implications of such an amendment.

With respect to the provinces and territories, the Committee notes with regret that no reply has been provided to its previous request for information regarding the absence of “social origin” as a prohibited ground of discrimination under the Human Rights Act (Nunavut), nor to its comment regarding the need to amend the Prince Edward Island Human Rights Act to include “social origin” as a prohibited ground of discrimination. The Committee also notes that the Manitoba Human Rights Commission has recommended that the Manitoba Human Rights Code be amended to add “social disadvantage” as a protected ground.

Recalling the importance of prohibiting discrimination on all the grounds enumerated in the Convention, the Committee urges the Government to take the necessary measures to amend the Canadian Human Rights Act to include the grounds of political opinion and social origin. The Committee also requests the Government to provide information on the process of consultation and analysis being undertaken in this respect. The Committee also requests the Government to take steps to have social origin included as a prohibited ground of discrimination in the provinces and territories, and to report on progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Federal level

1. Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s response to the communication of the International Confederation of Free Trade Unions (ICFTU) with respect to the prevalence of sexual harassment of women in employment. The Government provides statistics indicating that, for a two-year period ending in May 2005, 158 cases of sex discrimination with an allegation of harassment were filed with the Canadian Human Rights Commission. Of these cases, only seven went to a hearing, 26 were settled and two were settled through pre-hearing processes. Given the indication of the high prevalence of sexual harassment of women in employment, and the low numbers of complaints filed and heard, the Committee again requests the Government to provide information on the specific measures taken to address sexual harassment. The Committee would also like to continue receiving information of the sexual harassment cases filed and the outcome of the proceedings, including whether or not the complaint was successful.

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. The Government states that the inclusion of social condition has been recommended by the Canadian Human Rights Commission, and that consultations were undertaken in 2004 on this issue with a variety of stakeholders, including employers, trade unions, NGOs and relevant ministries. As a result of these consultations, the Government notes that there is a general recognition of the need to add social condition as a new prohibited ground. With respect to political opinion as a prohibited ground of discrimination, this will be examined by the Commission in the near future. The Committee notes the importance of prohibiting discrimination on all the grounds enumerated in the Convention, including political opinion and social origin, and requests the Government to take the necessary measures to amend the Canadian Human Rights Act to include these grounds, and to provide information on any action taken or envisaged in this respect.

3. Article 2. Employment equity designated groups – women, visible minorities, persons with disabilities and aboriginal peoples. The Committee notes that the Canadian Human Rights Commission has undertaken audits to verify that employers under federal jurisdiction comply with the Employment Equity Act. The Committee recalls that the Employment Equity Act requires employers to adopt policies and practices to ensure that all four employment equity designated groups, namely, women, visible minorities, persons with disabilities and aboriginal peoples, have equal access to employment. As of 31 May 2005, the Commission had undertaken audits of approximately half the employers subject to the Act, representing 77 per cent of the workforce to which the Act applies. It found that 192 employers were in compliance with the Act and required the others to take action to achieve compliance. The Committee also notes the statistics provided by the Government regarding the representation of the designated groups in the public and private sectors under federal jurisdiction. These statistics indicate some progress, though not with respect to persons with disabilities, with their representation remaining unchanged at 2.3 per cent since 1997. The Government also indicates that visible minorities remain under-represented in the federal public service, and that in this context an Embracing Change Future Directions Strategy is being developed. The Committee requests the Government to continue to provide information on the status and outcome of the audits undertaken by the Canadian Human Rights Commission regarding the employment equity designated groups. The Committee also requests information on the status and outcome of the revision process of the employment equality and duty to accommodate policies which derive from the Employment Equity Act. The Committee would also welcome updated statistics on the progress achieved in increasing the representation in employment of the designated groups, as well as further information on the Embracing Change Future Directions Strategy.

4. The Committee notes that the Government refers to the Racism-Free Workplace Strategy, developed in 2004-05 in support of the Employment Equity Act, which is to be implemented over the next five years. The Committee requests information on the elements of this strategy and the results achieved.

5. The Committee notes from Canada’s report under the International Convention on the Elimination of All Forms of Racial Discrimination that the Court Challenges Program (CCP), funded by the Department of Canadian Heritage, provided “financial assistance for test cases of national significance in order to clarify the rights of official language minority communities and the equality rights of disadvantaged groups” (CERD/C/CAN/18, 5 April 2006, page 22). The report goes on to highlight the significance of the CCP in the pursuit of equality rights of groups that would not otherwise have been able to do so. The Committee understands that, despite the success of this programme determined through an evaluation undertaken in 2003, the Government has decided to eliminate the funding for the CCP. The Committee requests information regarding the suppression of the CCP, and what other measures are envisaged to ensure disadvantaged groups are able to pursue equality claims in court.

6. The Committee welcomes the information provided regarding the activities of Status of Women Canada (SWC), including regarding the awareness-raising activities, research, the review of the Live-in Caregiver Program, and work with aboriginal women’s organizations. The Committee notes in particular the work SWC undertook with Statistics Canada to develop a document entitled Women in Canada: A Gender-based Statistical Report which was published in 2006. The Committee notes from that report that there has been an increase in the percentage of women who were born outside the country, are members of a visible minority, are a member of the aboriginal population, or are disabled (pages 23-25, 54). The Committee notes that according to the report there has been a dramatic increase in employment levels of women with young children, accompanied by a substantial increase in the number of licensed childcare spaces available to families over the last decade (pages 105, 108). The report evidences, however, that the majority of employed women continue to work in occupations in which they have traditionally been concentrated, and there has been virtually no change in the proportion of women employed in traditionally female-dominated occupations over the past decade. The share of women in management positions also decreased from 1996 to 2004, and women tend to be better represented in lower level positions than at more senior levels (page 113). The Committee again requests the Government to provide information on measures taken or envisaged to promote gender equality in employment and occupation, including through addressing gender imbalances with respect to unpaid work. The Committee also requests information regarding measures to promote the employment of women in non-traditional occupations and in management positions.

7. With respect to the Live-in Caregiver Program, the Committee notes that the Committee on Economic, Social and Cultural Rights has recommended that Canada adopt effective measures to eliminate exploitation and abuse of migrant domestic workers who are under the federal Live-in Caregiver Program (E/C.12/CAN/CO/4 and CO/5, paragraph 49, 19 May 2006). The Committee requests the Government to provide information regarding the nature of the Live-in Caregiver Program, the outcome of the review of this Program, and any measures taken or envisaged as a result of the review.

8. Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee recalls that section 15 of the Employment Equity Act requires employers to consult and collaborate with employee representatives on the implementation of employment equity. The Committee notes that following up on the parliamentary committee recommendations to strengthen labour-management consultations under this provision, research has been undertaken and plans are under way to bring employers and unions into a regional partnership forum to implement aspects of employment equity. The Committee also notes the Government’s statement that, as a result of the equity audits referred to above, there has been a greater participation of trade unions and employees regarding the implementation of employment equity. The Committee looks forward to receiving information regarding the establishment of the regional partnership forum, once it is established, including with respect to its mandate and activities.

Provinces and territories

9. Legislative developments. The Committee notes the legislative developments in New Brunswick, Newfoundland and Labrador, Nunavut, Ontario and Quebec. With respect to the New Brunswick Human Rights Act, the Committee notes with interest that “social condition” and “political belief or activity” have been added as prohibited grounds of discrimination with effect as of January 2005. The Committee requests the Government to provide information on the impact of the new provisions, and what, if any, exemptions for social condition discrimination have been required or authorized by an Act of the Legislature, as permitted under the New Brunswick Human Rights Act. The Committee also requests information as to the status of Bill 62, An Act to Amend the New Brunswick Human Rights Act, regarding mandatory retirement.

10. The Committee notes that in Newfoundland and Labrador, the Human Rights Code was amended to allow preferences to be given to the Inuit under the Voisey’s Bay/Inuit Impact and Benefits Agreement of July 2002. The Government points out that the amendment prohibits retroactively the right of Caucasians to file complaints when denied employment opportunities because of the Benefits Agreement, and that in June 2005 the Human Rights Commission dismissed complaints of four Caucasians seeking employment at Voisey’s Bay because of the effect of the amendment. The Committee requests to be kept informed of the impact of this amendment on Inuit and non-Inuit workers.

11. The Committee notes that the Human Rights Act (Nunavut) came into force in November 2004, and prohibits discrimination on the grounds of race, colour, ancestry, ethnic origin, citizenship, place of origin, creed, religion, age, disability, sex, sexual orientation, marital status, family status, pregnancy, lawful source of income and a conviction for which a pardon has been granted. The Committee notes that the ground of social origin is not included as a prohibited ground, and requests the Government to provide information regarding how protection against discrimination based on social origin is ensured in practice.

12. The Committee notes that the Spousal Relationships Statute Law Amendment Act, 2005, was adopted, amending the definition of “spouse” in Ontario laws to include same-sex relationships, to reflect the fact that same-sex couples may marry in Ontario. The Committee notes further that the Act to amend the Human Rights Code and certain other Acts to end mandatory retirement was also adopted in 2005, as well as the Accessibility for Ontarians with Disabilities Act. The latter Act establishes mechanisms to develop, implement and enforce standards aimed at achieving accessibility for Ontarians with disabilities, including with respect to employment, by 1 January 2025. The Committee also notes the various government initiatives aimed at preventing discrimination in employment of persons with disabilities. The Committee requests the Government to provide information on the implementation of the above-noted Acts, and their impact on promoting equality of opportunity and treatment in employment and occupation.

13. In the Province of Quebec, the Committee notes that in December 2004 the Act respecting equal access to public bodies was amended to include persons with disabilities among the target groups that are able to benefit from affirmative action programmes in employment. The Committee requests the Government to provide information on the affirmative action programmes developed pursuant to the Act, and their impact.

14. Prohibition of discrimination. Northwest Territories. The Committee notes that the Government has not been able to reply to the Committee’s previous request for information on the application of the new provisions and the functioning of the new institutions and procedures under the Human Rights Act 2002. The Committee requests the Government to submit this information with its next report.

15. Grounds of discrimination. Prince Edward Island. In reply to its previous comment regarding the absence of social origin as a prohibited ground of discrimination, the Committee notes that the Government points out that “source of income” is a prohibited ground pursuant to the Human Rights Act. The Committee draws the Government’s attention to the fact that the ground of “source of income” is much narrower than “social origin”. The Committee, therefore, urges the Government to consider amending the legislation to include social origin as a prohibited ground of discrimination.

16. Promoting and ensuring equality of opportunity and treatment. British Columbia. The Committee notes that the Government has not replied to its request for information concerning the measures taken with regard to designated groups. Nor is there a reply regarding the effect of the abolition of the Human Rights Commission. The Committee is therefore obliged to again request information on the measures taken and results achieved with regard to the representation of the designated groups in the public service, as well as on measures taken to promote their equal representation in the private sector, and for information on the effect of the abolition of the British Colombia Human Rights Commission, including on the number and outcome of complaints concerning discrimination.

Federal and provincial levels

17. Complaints procedures. The Committee notes the information in the Government’s report regarding the complaints filed and addressed by the relevant provincial human rights bodies in Alberta, Manitoba, New Brunswick, Newfoundland and Labrador, Nunavut, Quebec and Saskatchewan. The Committee requests the Government to continue to provide information on the number, nature and outcome of complaints related to discrimination in employment and occupation for these provinces, as well as for the other provinces, territories, and the federal jurisdiction.

18. Judicial decisions. The Committee again welcomes the summaries of the discrimination cases decided by the various courts, commissions and tribunals at the federal and provincial levels. The Committee invites the Government to continue providing this information in its next report.

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

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.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information in the Government’s report and the attached documentation.

The Federal Level

1. The Committee notes the final report "Promoting equality: A new vision", released by the Review Panel established to review the Canadian Human Rights Act and make recommendations to the Government on how the Act could be modified to deal better with modern manifestations of discrimination. In particular, it notes the Panel’s recommendation to reconsider the need for the ground of political belief for the next review of the Act, and for the Commission to be given sufficient resources to undertake effective human rights education and promotion initiatives. Noting that the recommendations of the Panel are under consideration by the Federal Department of Justice, the Committee asks the Government to provide information on any follow-up undertaken to implement the recommendations.

2. The Committee notes with interest that under the Labour Programme of Human Resources Development Canada, the Government started in October 2001 a five-year parliamentary review of the Employment Equity Act. The review will involve an assessment of the progress achieved and the identification of any problem areas. It will also include surveys of (1) private and public sector employers who are subject to the Act, (2) of employers who are subject to the Federal Contractors Program, (3) of unions and other relevant groups and (4) comparisons between employers who are not covered by the Act. The Committee asks the Government to continue to provide information on this review, including findings and any follow-up. Moreover, the Committee notes the results stated in the Employment Equity Report with regard to the impact of the Employment Equity Act on the representation of the four designated groups. In particular, it notes the lack of progress for Aboriginal people and people with disabilities in the private sector and the slow pace of change for people with disabilities and visible minorities in the federal public service. The Committee requests the Government to continue providing information on difficulties in the application of the Employment Equity Act, on the progress achieved in relation to the representation of these four groups designated by the Act together with statistical information on their participation in the labour market. Please continue to provide copies of the annual reports of the Canadian Human Rights Commission.

3. The Committee notes the information in the Government’s report on the audit procedures held by the Human Rights Commission to ensure that the employers consult the employee representatives on the implementation of employment equity according to the provisions of the Employment Equity Act. It notes that in case of non-compliance with the Act, the auditor requires the employer to submit written undertakings to correct the non-compliance and a follow-up audit is then scheduled. The Committee asks the Government to continue to provide information on consultation with employers’ and workers’ representatives in the implementation of the Act.

4. The Committee notes that a Task Force on the Participation of Visible Minorities in the Federal Public Service was created in 1999 and that it delivered the recommendation to, among others, establish a benchmark of one to five for visible minority participation government-wide and that the Government has endorsed the action plan elaborated by the Task Force. The Committee asks the Government to supply information on the implementation of this action plan and on the measures taken or envisaged to extend participation of visible minorities in employment beyond the federal public service.

5. The Committee notes with interest the activities carried out within the Employment Equity Positive Measures Programme (EEPMP), which finished in March this year. In particular, it notes the Employment Equity Career Development Office that provides support across the federal public service to help advance careers of members of the designated groups. The Committee asks the Government to continue supplying information on further achievements of these initiatives and whether and how the Government envisages extending the programme.

6. The Committee notes that a set of economic gender equality indicators have been developed by the Status of Women Canada (SWC) that provide a set of benchmarks in three main areas: income, work and learning. These indicators are a useful framework for gender analysis of policies that can affect women’s and men’s economic situations and for studying the links between paid and unpaid work. It also notes the educational and awareness-raising activities organized by SWC in order to promote the understanding of unpaid work, particularly as it relates to the care of dependents and the several projects to estimate unpaid household work that have been carried out. The Committee asks the Government to supply information on the outcome of these studies and any follow-up.

7. The Committee thanks the Government for the extensive information provided on judicial decisions both at the federal and provincial level. It notes that the largest number of complaints dealing with employment discrimination received by the Human Rights Commission are on the grounds of disability, and those within the context of the Canadian Charter of Rights and Freedoms are on the grounds of race and colour. It also notes that the Mairon and Grismer cases changed the approach of the Human Rights Commission to the investigation of complaints related to discrimination in employment. Given that the burden of proof lies with the respondent and not with the complainant in any complaint of discrimination, the Government states that in future investigations "all allegedly discriminatory standards and policies will have to be justified as rationally connected to the work or service, made in good faith, and reasonably necessary". The Committee would appreciate continuing to receive abstracts of case law on discrimination issues.

8. The Committee asks the Government to supply statistical data, disaggregated by sex, covering both the public and private sectors by area of activity and level of responsibility for all the provinces and at the federal level, in order for the Committee to better appreciate the implementation of the principle of the Convention.

Provinces

9. The Committee notes the Government’s statement that the great majority of workers are employed in provincially regulated businesses. Therefore the Committee urges the Government to provide more information on the application of the Convention at all provincial levels covering both the public and private sectors.

10. British Columbia. The Committee notes the various legislative and other measures to enhance promotion of gender equity. It also notes the British Columbia Human Rights Commission’s report that called on the provincial government to improve the representation of aboriginal people, people with disabilities and visible minorities within the British Columbia public service. It notes that the report identified barriers that prevent hiring, promoting and retaining these groups and that, despite recent progress, they remain under-represented in the province’s public sector. While noting that some progress has been made, the Committee asks the Government to continue to provide information on the efforts taken to improve access to and promotion of under-represented groups in the public sector as well as in the private sector.

11. Quebec. The Committee notes the adoption of the Act on access to equality in employment in the public sector, aimed at enhancing the participation of the more disadvantaged groups in employment, such as women, aboriginals, visible minorities and ethnic minorities whose mother tongue is neither French nor English. The Act requires assessment of the participation in employment of each disadvantaged group, and the establishment of programmes to access employment to correct de facto inequalities, under the supervision of the Human Rights and Youth Rights Commission. The Committee asks the Government to provide information on the practical implementation of the Act. Moreover, the Committee notes the information on the implementation of the recommendation made by the Human Rights and Youth Rights Commission with a view to consolidating equal access programmes. The Government indicates that no action has been taken so far on the recommendations concerning the private sector. As for the public sector, the Government indicated that the Commission refused to set up a competition to hire target groups, namely visible and ethnic minorities, because it deemed that measures to achieve equality of access in employment have to be limited in time, proportionate to their objective, and not prejudicial to the interests of people who do not belong to the target groups. Since no other concrete measures have been reported to be taken to implement the 36 recommendations, the Committee asks the Government to continue to provide information on any follow-up.

12. Ontario. The Committee notes the information in the Government’s report on the inclusion of "same sex partnership" as a ground of forbidden discrimination in the Human Rights Code and the policies released by the Ontario Human Rights Commission on Discrimination and Harassment because of Sexual Orientation, because of Pregnancy, because of Gender Identity, and the Policy and Guidelines on Disability and the Duty to Accommodate. It further notes the awareness campaign targeted at working women, in particular information on available recourse with respect to sexual harassment. It also notes the Ontario Government’s will to introduce new disability legislation since persons with disabilities make up one-sixth of the population in Canada, and yet constitute less than one-tenth of persons in employment. The Committee would appreciate receiving information on whether this new legislation has been adopted, and on the impact of the abovementioned policies on equality of opportunity and treatment in employment and occupation.

13. Saskatchewan. The Committee notes the Northern Hire Policy and the Employment Equity Staffing Policy released by the Public Service Commission to enhance employment opportunities for northerners and the four designated groups within the Government. The Committee asks the Government to supply statistical information to assess the impact of such policies to enhance the participation of the abovementioned groups in the public service and asks the Government to inform it on whether the reported amendments to the Saskatchewan Human Rights Code are now in force.

14. Yukon. The Committee notes that the Yukon Human Rights Act was amended to add "source of income" as a banned ground of discrimination.

15. The Committee notes that no information has been provided on the measures taken to promote equality of opportunity and treatment in employment, occupation and training in the following provinces and territories: Prince Edward Island, Manitoba, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia and Nunavut. Therefore, the Committee trusts that the Government will supply this information in its next report.

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

The Committee notes the Government’s report and the many annexes attached, including the Guidelines: Employment Equity Act of 1995, which it requested in its previous comments.

The federal level

1.  The Committee notes that the Canadian Human Rights Commission (CHRC) has undertaken the first review of the application of the new Employment Equity Act, which came into force on 24 October 1996. The purpose of the Act is to achieve an equitable representation in workplaces of women, aboriginal peoples, persons with disabilities and members of visible minorities. To this end, employers have to correct disadvantages in the workplace experienced by the designated groups in accordance with the principle that employment equity means more than treating people in the same way, but also requires special measures and the accommodation of differences. Between November 1997 and September 1999, the CHRC undertook 138 audits (28 public sector organizations and 110 private sector employers), which revealed that only four employers were deemed to be in conformity with the 12 statutory requirements. The CHRC therefore negotiated undertakings with most of the audited employers designed to achieve observance of the Act and was only obliged to issue directions to one employer who refused to cooperate, which moreover resulted in the resolution of the problem without having recourse to a tribunal. With regard to the impact of the new Act on the representation of the four designated groups, the Committee notes that the results are somewhat contrasted: (a) a high proportion of women were promoted to managerial and executive posts in 1997, even though wage scales show that women are still concentrated among the lower earners and men are the higher earners; (b) the representation of aboriginal persons continued to increase in 1997, although without attaining the level of representation of this group in the active population in Canada; (c) the representation of persons with disabilities suffered a net decline in 1997, particularly among women in the group; and (d) the representation of members of visible minorities (defined as "persons other than aboriginal peoples who are non-Caucasian in race or non-white in colour"), and particularly of men, continued to grow substantially. The Committee requests the Government to continue providing information on difficulties in the application of the Employment Equity Act, on the results achieved in relation to the representation of the four groups designated by the Act and to continue providing copies of the annual reports of the CHRC.

2.  The Committee notes that the Employment Equity Act, while emphasizing the responsibility of employers for the achievement of employment equity, provides that employers must consult employee representatives and invite them to provide their views concerning the implementation of employment equity. The Committee also notes, on the one hand, that many of the measures described by employers in their annual report are not "consultations" within the meaning of the Act and, on the other hand, that the CHRC indicates that several employers have reported that: (a) the lack of support from staff for equity initiatives has harmed their efforts to achieve a more representative staff; and (b) the comments made by their employees show that they still do not understand the purpose of employment equity and sometimes distrust the implementation of employment equity programmes. The Committee is of the opinion that the success of an employment equity plan depends largely on the support of employees for employment equity and it would be grateful if the Government would provide information on the measures which have been taken or are envisaged to encourage employers to hold real "consultations" with employee representatives throughout the process of preparing and implementing their equity plan.

3.  The Committee notes that the Special Measures Initiatives Programme (SMIP), the objectives of which are to foster a workplace environment and corporate culture that values diversity and is conducive to the equitable participation and inclusion of all employees, including members of the designated groups, did in fact come to an end on 31 March 1998 and was replaced by the Employment Equity Positive Measures Programme (EEPMP) for a duration of four years. The Committee notes that this new programme takes into account the lessons learned from the experience of the SMIP and it would be grateful to be informed of the principal results of this new programme with regard to employment equity.

4.  In its Federal Plan for Gender Equity (1995), the Government of Canada committed itself to ensuring that all future legislation and policies include, where appropriate, an analysis of their potential for different impacts on women and men. Legislative, policy and programme development henceforth has to include gender-based analysis. The Committee notes that the Government does not comment on the issue of review mechanisms and status of implementation of the Federal Plan for Gender Equality and it is therefore bound to repeat its previous request on this point. It takes this occasion to request the Government for copies of the fact sheets on sexual harassment produced by the Women in Employment Committee, which were referred to as being appended to the report, but which have not been received.

5.  The Committee notes the information provided by Statistics Canada on the valuation of unpaid work in the Canadian population census. The Committee notes, among other points, that the statistical surveys carried out for many years by this institute show that the policies implemented by employers should take into consideration the following three points: (a) better recognition for the actual participation of men in family responsibilities; (b) recognition that family responsibilities are not confined to caring for children; and (c) taking into consideration the close relationship which exists between unpaid work and the assumption of family responsibilities with regard to a part of the unemployed population (this would make it possible, for example, to take into account the fact that, if certain persons have resigned from their jobs and others are not diligent in seeking employment, this is because they must also assume family responsibilities). In view of the close relationship between the promotion of equality of opportunity and treatment in employment and occupation and the conclusions of Statistics Canada, the Committee would be grateful if the Government would indicate the extent to which it is able to draw the attention of the social partners to the suggestions of Statistics Canada, and also whether these suggestions have been taken into account at the level of the federal administration.

Provinces

6.  Ontario.  The Committee notes that persons who consider that they are suffering or have suffered from discrimination in employment on one of the seven grounds prohibited by Convention No. 111 may only pursue remedies based on violations of the provisions of the Human Rights Code, but not on the basis of the Equal Opportunity Plan, which is a non-binding, non-legislative initiative.

7.  Quebec.  In view of the legislator’s realization that the enactment of the Charter of Human Rights and Liberties was not enough to eliminate the discrimination suffered by certain groups (women, aboriginal persons, racial and ethnic minorities, persons with disabilities), it was decided in 1985 to establish equal access programmes. A transition was therefore made from an approach based on the compensation of individual faults to a systematic approach, essentially based on the achievement of results demonstrated by the access to real equality of members of the groups suffering this type of discrimination. The Committee notes with interest the assessment of the equal access programmes made by the Human Rights and Youth Rights Commission of Quebec in 1998, and particularly the strengths and weaknesses of these programmes. It requests the Government to indicate the measures which have been taken or are envisaged to take into account all or some of the 36 recommendations made by the Human Rights and Youth Rights Commission with a view to consolidating equal access programmes.

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

1. Federal. The Committee notes with interest from the Government's report that the new Employment Equity Act (Bill C-64) came into force on 24 October 1996 (repealing the 1986 Act) and aims to achieve equality in the workplace and to correct conditions of disadvantage experienced by women, aboriginal peoples, persons with disabilities and members of visible minorities (section 2) through yearly employers' equity plans and reports (sections 5 to 19) coupled with compliance audits (sections 22 to 27) undertaken by the Canadian Human Rights Commission, and final enforcement by an Employment Equity Review Tribunal (sections 28 to 32). The new Act considerably strengthens the sanctions for violations of its provisions and the promotion of employment equality. The Act is to apply to private and public sector entities employing 100 or more persons (including the Canadian forces and the Royal Canadian Mounted Police as specified by order of the Governor in Council) and shall be reviewed five years after entry into force (section 44). The Committee also notes that regulations under the new Act were published in November 1996.

2. Noting from the report that the Act includes a transition period of one year which ends in November 1997 and that the Canadian Human Rights Commission was to commence in-site audits in October 1997 (seeking to minimize the Commission's intrusion into the affairs of the employer while ensuring accurate assessments of an employer's compliance with the Act), the Committee asks the Government to provide in its next report the initial findings of the audits, including information on any cases referred to the Review Tribunal. It would also appreciate receiving a copy of the non-binding "Guidelines to employers", referred to in the report as expected to be released by late 1997.

3. The Committee also notes with interest information provided on the number and nature of projects approved under the Special Measures Innovation Fund, which is part of the Special Measures Initiatives Programme (SMIP) mentioned in the Committee's previous direct request. The objective of the SMIP is to foster a workplace environment and corporate culture that values diversity and is conducive to the equitable participation and inclusion of all employees, including members of the designated groups of women, aboriginal peoples, persons with disabilities and members of visible minorities. Noting that the SMIP will end in March 1998, the Committee asks the Government to supply it with any reports showing the impact of the SMIP as regards employment equality and follow-up proposals, if any.

4. The Committee notes from the report that the mandate of the Women's Bureau of Human Resources Development Canada (HRDC) has been expanded to support the incorporation of gender-based analysis in HRDC priority areas, as required by the Federal Plan for Gender Equality. The Committee requests the Government to provide information on the Federal Plan for Gender Equality including review mechanisms and status of implementation.

5. Provinces. The Committee notes the repeal, in December 1995, of the Ontario Employment Equity Act and the subsequent adoption of the Equal Opportunity Plan (EOP), a voluntary, non-legislative initiative aimed at facilitating merit-based employment practices and the removal of employment barriers, particularly barriers for persons with disabilities. The Committee notes that the EOP's activities so far centre on provision of information and asks the Government to provide details on how the EOP assists persons who consider that they are suffering or have suffered discrimination in employment on the grounds of the Convention. The Committee notes with interest the entry into force on 29 November 1995 in Quebec of the Act on the Human Rights and Youth Rights Commission ("Loi sur la Commission des droits de la personne et des droits de la jeunesse"), which entrusts this new Commission with the double mandate of ensuring the promotion and respect for the principles of the Charter of Human Rights and Liberties and the rights recognized in the Act on the protection of youth. The Committee notes that among the principles enshrined in the Charter are the prohibition of discrimination in employment on the grounds of race, colour, sex, pregnancy, sexual orientation, civil status, age except when provided for by law, religion, political conviction, language, ethnic or national origin, social condition, and disability or the use of a means to accommodate the handicap. It also notes that the Charter foresees the elaboration and implementation of a programme of equal access aimed at correcting the situation of persons who belong to groups, victims of discrimination in employment, and the task of monitoring the application of this programme is vested in the Commission. The Committee requests the Government to provide a copy of this programme and information on its implementation in practice.

6. The Committee understands that unpaid work has been included in the 1996 Canadian population census. Noting that this is the first time that any country has requested information on work being done in the household at the national level in official statistics, the Committee asks the Government to provide a copy of the relevant parts of the census, which, it trusts, will throw light on the contribution of women to the national economy and help in the elimination of sex-based stereotypes and discrimination.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the detailed information contained in the Government's report, including court decisions and statistical data. It notes with interest the documentation on steps taken to improve the situation of women, aboriginal peoples, persons with disabilities and members of visible minorities in the labour market.

1. Recalling that Article 1, paragraph 1(a), of the Convention expressly includes political opinion and social origin among the prohibited grounds of discrimination, and that the Canadian Charter of Rights and Freedoms guarantees freedom of expression and association generally, the Committee has noted in previous comments that the Canadian Human Rights Act, 1977, does not prohibit discrimination on these grounds. The Committee notes from the Government's report that, under the current review of the Canadian Human Rights Act, the federal Department of Justice is still examining the possibility of including political opinion and social origin among the grounds of discrimination prohibited by the Act. The Committee notes that Bill C-108 to amend the Canadian Human Rights Act which, inter alia, proposes adding sexual orientation to the list of proscribed grounds of discrimination, legislates for employers to accommodate the special needs of the groups covered by the Act, recognizes bona fide occupational requirements for religions, cultural and like organizations and increases the maximum amount of compensation for moral damages when discrimination under the Act is proven, but does not cover "political opinion". Noting that this Bill received its first reading in Parliament in December 1992, the Committee requests the Government to inform it, in its next report, of legislative progress in this matter, including its adoption.

2. The Committee notes that a Bill to revise the Federal Employment Equity Act, 1986, was expected to be tabled by the federal Government in late 1994, following the 1992 report of the Special Committee set up to review the legislation. The Committee requests the Government to indicate the legislative changes envisaged in the Bill and to supply a copy of the text.

3. The Committee notes the information contained in the first report of the Consultation Group on Employment Equity for Women, dated May 1992 (one of the groups set up to evaluate action for the four employment equity target groups designated in the federal Act) which examined gender balance in the federal public service. The report indicates that the largest concentration of women in the public service is in administrative support positions and that career development and advancement of women in such positions are still rare. Noting the recommendations of the group (that, inter alia, government departments provide diversity training, identify attitudinal barriers, be accountable for specific results, recognize the need for balancing work and family life, continue progress in moving women into non-traditional jobs, provide support through mentors), the Committee requests the Government to supply information on the follow-up given to this set of strategies to create a positive climate for women's career development.

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

The Committee notes the detailed information contained in the Government's report, including various attachments and statistical data.

1. Recalling that Article 1, paragraph 1(a), of the Convention expressly includes political opinion and social origin among the prohibited grounds of discrimination, and that the Canadian Charter of Rights and Freedoms guarantees freedom of expression and association generally, the Committee noted in its previous direct request that the Canadian Human Rights Act, 1977, does not prohibit discrimination on these grounds. It recalls that claims of discrimination based on political opinion can be made in those provinces where this ground is proscribed in applicable provincial legislation (British Columbia, Manitoba, Newfoundland, Prince Edward Island, Quebec and Yukon Territory), and claims of discrimination based on social origin where this ground is mentioned (Newfoundland and Quebec). Noting from the report by the Province of Quebec supplied by the Government that the grounds of political opinion and social origin (labelled "social circumstances") remain active, being the subject of eight and five claims respectively during 1994, the Committee asks the Government to indicate what measures are being taken to ensure that persons residing in other provinces can make claims to seek redress against discrimination in employment and occupation based on their political opinion or social origin.

Since the Government replies in its report on this point that the possibility of amending the federal Act is currently under review by the Government, and noting that Bill C-108 (which would have amended the Act in a number of ways, but which did not propose to add the grounds of political opinion or social origin) expired when the Parliament was dissolved for the 1993 election, the Committee asks the Government to keep it informed of any new proposals for amendments to the Act.

2. The Committee notes that a Bill to revise the Federal Employment Equity Act, 1986, the text of which has been supplied by the Government, underwent a first reading in the House of Commons on 12 September 1994. According to the Government's report, the proposed changes would strengthen the Employment Equity Act by, inter alia, expanding coverage of the Act to include the federal public service, agencies and commissions; by giving the Canadian Human Rights Commission the authority to initiate investigations of employment equity questions; and by subjecting federal contractors to mandatory compliance with the principles of the Act. The Committee notes that the Bill is expected to be reported back to the House of Commons immediately after Parliament reconvenes in September 1995, and that the Bill then will be debated before a second reading can take place. It asks the Government to keep it informed of legislative progress in this matter, and to supply a copy of the amending Act, once adopted.

3. The Committee notes with interest the commencement in 1994 of a four-year Special Measures Initiatives Program (SMIP) aimed at improving representation of members of four designated groups in those jobs where they are under-represented as compared with their availability in the workforce. The Program will, inter alia, supply models which assist employees to move from support to officer positions, offer developmental programmes for senior management positions to members of the designated groups, and hold managers accountable for the implementation of the measures through branch-level plans and regular reporting. The Committee asks the Government to supply it with any periodical reports showing the results of the SMIP.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the detailed information supplied by the Government in its report and attached documentation.

The Committee notes with interest the new Saskatchewan legislation, namely the amendment made to the Human Rights Code to include protection against discrimination based on sexual orientation, family status and receipt of public assistance, the new Occupational Health and Safety Act, 1993, imposing a duty on employers to take action against harassment at the place of employment, and the Labour Standards Amendment Act, 1994, prohibiting an employer from dismissing an employee because of absence due to illness or injury. The Committee also notes with interest the adoption by the Quebec Human Rights Commission of guidelines on discrimination on grounds of pregnancy and social condition, and the Employment Equity Act, 1993 of Ontario, which contains provisions to further equality in employment for four designated groups (aboriginal people, people with disabilities, members of racial minorities and women) similar to the groups designated in the Federal Employment Equity Act, 1986.

The Committee is addressing a request directly to the Government on certain other points.

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

1. The Committee notes the letters of 10 February and 1 March 1995 from the National Trade Union Confederation (Confédération des Syndicats Nationaux- CSN) alleging non-conformity with Convention No. 111 by the Canadian Government in the case of an applicant for work with the Royal Canadian Mounted Police (RCMP). It also notes the Government's reply dated 28 August 1995.

2. The CSN is concerned over the case of a person who had applied for work with the RCMP in May 1987. On the advice of a personnel officer, he entered the process of selection with a view to becoming a gendarme, and then an industrial relations officer. As part of an aptitude test, which he passed, he volunteered information regarding his state of health, including some cardio-vascular problems and asthma. In October 1987, before the medical examinations which were due to follow, the RCMP informed the applicant that he would not be offered employment as a gendarme because of his state of health. In May 1988, the applicant filed a complaint with the Canadian Human Rights Commission (CHRC), alleging that the RCMP had discriminated against him on the basis of his state of health in their refusal to hire him as an industrial relations officer. In December 1989, the RCMP admitted that the decision to refuse the applicant work as a gendarme without a medical examination had been wrongful. It encouraged the applicant to re-enter the selection process and stated that he would not be prejudiced by the complaint. The applicant refused to do so based on his doubts that the consideration of his application would be neutral. The CHRC dismissed the case stating that, according to information supplied by the RCMP, the post of industrial relations officer originally applied for by the applicant did not in fact exist, or in any event was not recruited by the RCMP directly. Moreover, the CHRC considered that the RCMP had corrected its error of refusing the applicant to become a gendarme before the medical examination by inviting him to reapply.

3. The Committee notes that discrimination on grounds of physical disability is prohibited under the Canadian Human Rights Act (Article 1, paragraph 1(b) of the Convention). The Committee also notes the national-level decision, and that the opportunity to re-enter the process of application offered a remedy for this discrimination.

4. The Committee is addressing a request directly to the Government on certain other points.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the detailed information supplied by the Government in its report, including the attached statistical data, court decisions and documentation, as well as the summary of case histories dealt with by the Security Intelligence Review Committee, in reply to its previous direct request.

1. The Committee notes from the 1991 Annual Report on the Employment Equity Act that each of the four designated groups (women, aboriginal peoples, persons with disabilities and members of visible minorities) has improved its reported representation in the labour force, in respect of, inter alia, hirings and promotions. It requests the Government to continue supplying information on further progress achieved with regard to the situation of these four designated groups in the labour force.

2. The Committee also notes the report entitled "A Matter of Fairness" prepared in May 1992 by the Special Committee on the Review of the Employment Equity Act. This Parliamentary Committee recommends that the federal Government establish a National Employment Equity Strategy by 1 November 1993, and that the Employment Equity Act's scope be broadened to cover the following employers: the federal public service, the Royal Canadian Mounted Police, the Canadian armed forces, Parliament (the House of Commons, the Senate and the Library of Parliament) and all federal agencies, boards and commissions. The Committee requests the Government to indicate any changes implemented pursuant to the findings and recommendations of this Special Committee.

3. As regards the Canadian Human Rights Commission, the Committee notes that it considers that it is not empowered to order employers to adopt special programmes to promote equality under the Canadian Human Rights Act, but that it may approve such programmes and settlements which include the terms of proposed special programmes. In addition, the Human Rights Tribunal has the authority to order employers to undertake special measures so as to remedy a situation of discrimination (section 53 of the Act) and may impose special employment programmes on employers to address the problem of systematic discrimination in the hiring and promotion of disadvantaged groups (section 41(2)(a)). The Committee requests the Government to provide samples of such orders, including information on their application in practice and the results achieved.

4. The Committee notes that the federal Department of Justice is currently examining "political belief", source of income and criminal conviction or charge as grounds of discrimination during the review of the Canadian Human Rights Act. It also notes that political opinions and associating for political purposes are recognized under sections 2(b) and 2(d) of the Canadian Charter of Rights and Freedoms, which guarantee freedom of expression and association, respectively.

With regard to the provinces, the Committee notes that the Alberta government, during Alberta's periodic review of its human rights legislation, will take into consideration political opinion and social origin as prohibited grounds of discrimination, that the Manitoba Human Rights Code protects against discrimination on the grounds of "political belief, political association or political activity", and that the Quebec Human Rights Charter prohibits in its section 10 all forms of discrimination on the ground of social origin.

The Committee would be grateful if the Government would continue to supply information on measures taken, including amendments to or any new legislation, both at the federal and the provincial levels, in pursuance of the national policy designed to eliminate discrimination in employment and occupation, so as to take into account expressly all the prohibited grounds of discrimination, in particular, political opinion and social origin, in conformity with Article 1, paragraph 1(a), of the Convention.

5. The Committee thanks the Government for providing a copy of the Quebec Human Rights Commission's recommendation on the conflict between hours of work and the obligation of persons of the Islamic faith to attend prayer services on Friday. It notes with interest the Dairy Pool case, in which the Supreme Court recognized an employer's obligation of reasonable accommodation with respect to religious observances of its employees.

The Committee also notes the existence at the federal level of formal policies allowing for reasonable accommodation with regard to the religious observances of employees (e.g., the Export Development Corporation's "floater holiday" for religious or cultural reasons and the leave policy of the Department of Employment and Immigration Canada). It requests the Government to supply copies of these policies and would be grateful if it would continue supplying information on any other measures taken at the provincial and federal levels to promote equality of opportunity in employment on the basis of religion.

6. With regard to sexual harassment, the Committee notes with interest that under a new provision of the Labour Standards Regulations (section 25(4)), employers must post and keep posted in readily accessible places where they are likely to be seen by employees, copies of a sexual harassment policy statement. It also notes with interest the sexual harassment policy statements from the Quebec Human Rights Commission and the Yukon Human Rights Commission. The Committee would be grateful if the Government would continue to supply information on other action taken at both the federal and provincial levels, to combat harassment in the workplace on the basis of sex.

7. The Committee notes with interest the establishment of the Workplace Equality Fund, with an annual budget of $75,000, administered by the Women's Bureau, to provide financial assistance to projects concerning women, giving priority to projects which help workers balance their work and family responsibilities. It also notes the numerous other examples of promotional activities undertaken, including publications (on family benefits and in connection with anti-racism campaigns) and conferences, educational seminars and workshops at the federal and provincial levels with a view to promoting equality in opportunity and treatment in employment and occupation. The Committee would be grateful if the Government would continue providing information, including data, such as statistics, showing the results achieved, on similar activities in its future reports.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the detailed information supplied by the Government in its report and attached documentation, in particular the information on the practical application of the British Columbia Human Rights Act, 1984, including section 13(1)(b).

The Committee notes with interest the entry into force of the British Columbia Human Rights Amendment Act, 1992, which adds "family status" and "sexual orientation" to the grounds upon which discrimination in job advertisements and in employment is prohibited, as well as the May 1992 amendment to the New Brunswick Human Rights Act which adds "sexual orientation" to the list of prohibited grounds of discrimination.

The Committee also notes with interest the HIV/AIDS policy applicable to all employees of the Public Service of Canada, providing that testing for the HIV/AIDS virus is not a condition of employment and that all government records containing HIV/AIDS-related data of a personal nature must be protected and handled in accordance with the Privacy Act. It also notes with interest that courts have indicated that HIV status cannot be used as an automatic ground for dismissal from employment and have recognized HIV and AIDS as disabilities under the Canadian Human Rights Act, the Canadian Charter of Rights and Freedoms, as well as provincial human rights legislation. The Committee requests the Government to continue supplying copies of court decisions and any new federal and provincial legislation expressly specifying AIDS or HIV status as a prohibited ground of discrimination in employment, and to inform it of other measures taken or envisaged to promote the adoption by enterprises of HIV/AIDS policies which are consistent with the principles of the Convention.

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

The Committee notes with interest from the detailed information supplied by the Government in its reports, as well as its report submitted under Article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination (12 August 1988, CERD/C/159/ADD.3), that further progress has been achieved both at the federal and the provincial levels in the adoption and implementation of legislation and policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

1. The Committee notes the 1989 Annual Report on the Employment Equity Act, from which it appears that the reported representation of each of the four designated groups (women, aboriginal peoples, persons with disabilities and members of visible minorities) has improved since the first reporting year. In this connection, the Committee notes with interest the establishment of the Federal Contractors Programme. It requests the Government to continue to supply information on the implementation of the Employment Equity Act and the Federal Contractors Programme, and on the progress achieved, including copies of the annual reports.

2. In its previous comments the Committee noted that there had been policy discussions and recommendations made in Parliament concerning the reform of matters coming within federal jurisdiction to ensure compliance with section 15 of the Canadian Charter of Rights and Freedoms and that the Government had made many commitments in response to the recommendations.

In this connection the information in the Government's reports indicates that the following measures have been taken: (a) section 68 of the Public Service Superannuation Regulations (which specified a mandatory retirement age of 65 for contributors under the Public Service Superannuation Act) has been repealed; (b) a number of equality concerns, such as provision for flexible retirement, have been remedied by an Act to amend the Canadian Pension Plan and Federal Court Act, which became effective on 1 January 1987; (c) the Pension Benefits Standards Act was amended (effective 1 January 1987) to ensure equal pension benefit for part-time workers; (d) substantial progress has been made to expand the role of women in the Canadian Armed Forces including a rise to 73 per cent of military occupations open to mixed-gender employment.

The Committee notes with interest the above measures taken and requests the Government to continue to supply information on developments to further ensure compliance with section 15 of the Canadian Charter of Rights and Freedoms. With respect to other recommendations which had been noted by the Committee in its previous observation, the Committee would be grateful for information on any measures taken concerning the prohibition of discrimination in employment on the basis of sexual orientation.

3. With regard to provincial jurisdictions, the Committee notes with interest the following legislative and regulatory developments to promote equality of opportunity and treatment in employment and occupation:

- in Nova Scotia, an amendment to the Civil Service Act on 29 May 1987; and the entry into force of the Pay Equity Act on 25 June 1988;

- in British Colombia, the adoption of the Charter of Rights Amendment Act, 1987, amending 51 provincial statutes to bring them into line with the Charter;

- in Ontario, the entry into force of the Pay Equity Act on 1 January 1988;

- in Manitoba, the amendment to the regulations under the Employment Standards Act on 1 April 1988;

- in Prince Edward Island, the entry into force of the Pay Equity Act on 1 October 1988, and the amendment to the Human Rights Act to include "political belief" as a prohibited ground of discrimination in employment;

- in Newfoundland, the entry into force of the new Human Rights Code on 1 October 1988;

- in New Brunswick, the entry into force of the Pay Equity Act on 22 June 1989, and the Act to Amend the Employment Standards Act, effective 1 April 1989;

- in Quebec, the amendment to the Act on Standards of Work on 1 October 1986; the adoption by the Quebec Human Rights Commission of regulations covering the validity of voluntarily established programmes of access to equality; the amendments to the Charter of Rights and Freedoms in 1989 creating a Human Rights Tribunal to adjudicate complaints of discrimination; and the adoption by the Human Rights Commission of guidelines covering indirect discrimination;

- in Saskatchewan, the amendment to the Saskatchewan Human Rights Code, concerning the definition of "disability" and "mental disorder".

- in Alberta, the amendment to the Individual Rights Protection Act to include mental disability as a protected ground; to extend the protection against sexual harassment to domestics and live-in employees, and to protect pregnant women from gender discrimination in employment.

4. With regard to the Canadian Human Rights Commission, the Committee notes with interest the following developments:

- the Equal Wage Guidelines (defining how the Canadian Human Rights Commission handles complaints of wage discrimination within the federal jurisdiction under section 11 of the Canadian Human Rights Act) came into effect on 10 December 1986;

- the approval of a Bona Fide Occupational Requirement Policy, June 1988, and a Bona Fide Justification Policy, June 1988.

The Committee requests the Government to supply information on the practical application of the above-mentioned measures with its next report.

The Committee further notes the approval by the Canadian Human Rights Commission of a Pregnancy Childbirth Policy (March 1987), a Drug Testing Policy (December 1987) and a Policy on AIDS (May 1988). The Committee requests the Government to provide in future reports details concerning developments with respect to the practical application of these policies, and in particular on protections offered to persons with AIDS or infected with HIV who have been or may be discriminated against in employment and occupation.

5. The Committee notes that the Canadian Human Rights Commission, in its Annual Report, made a number of recommendations to Parliament, including:

- that the Human Rights Act be amended to enable tribunals to order the adoption of special programmes to remedy the effects of past discrimination;

- that a provision be added to the Human Rights Act explicitly stating that it is a discriminatory practice to refuse to make reasonable accommodation for special needs or obligations related to a prohibited ground of discrimination.

The Committee requests the Government to provide information on the status of these recommendations. The Committee also requests the Government:

- to indicate whether the authority to order the adoption of special measures has been interpreted to be within the scope of the Commission's powers and, if it has, to indicate what the experience has been with its use;

- to provide detailed information, including judicial or administrative decisions, on the way "reasonable accommodation" is currently interpreted by the Commission, particularly as it concerns grounds of discrimination contained in the Convention.

6. The Committee hopes the Government will continue to supply information on the action taken - both at the federal and the provincial levels - in pursuance of the national policy designed to eliminate discrimination with respect to employment and occupation and that in revising or adopting legislation in this field, account will be taken of all the prohibited grounds of discrimination referred to specifically in Article 1, paragraph 1(a), of the Convention.

In this connection the Committee notes that discrimination on the ground of "political opinion" is only protected against in legislation in Newfoundland, Quebec and now Prince Edward Island. Please indicate in future reports how this ground is protected in practice in the other provinces and at the federal level, in accordance with the Convention.

Further, the Committee notes the Government's indication, contained in its previous report, that protection against discrimination on the ground of social origin would not appear to be necessary in Canada. It also notes that the grounds of ethnic origin and ancestry are covered in legislation at the federal and provincial levels. The Committee would refer the Government to paragraphs 54 through 56 of its General Survey on Equality in Employment and Occupation, 1988, wherein it stated that "The problem of discrimination on the basis of social origin arises when an individual's membership of a class or a socio-occupational category ... determines his or her occupational future ... Although such situations are rarely encountered in a pronounced form, at the present time, prejudices and preferences based on social origin may still persist even when rigid stratification has disappeared." The Committee requests the Government to provide information in its next report on the measures taken at the federal and provincial levels to promote equality on this ground in conformity with the Convention.

The Committee requests the Government to continue to supply information on the effects in practice of the measures taken by the provinces to promote equality of opportunity and treatment in employment and occupation, and on the progress achieved in that respect.

7. The Committee notes that the Quebec Human Rights Commission issued an opinion regarding the conflict between hours of work and the obligation of persons of the Islamic faith to attend prayer services on Friday. It would be grateful if the Government would provide a copy of the recommendations in this respect as well as information on any other measures taken at the provincial or federal levels to promote equality of opportunity in employment on the basis of religion.

8. The Committee notes with interest the provision in the Canadian Labour Code, which establishes an employee's right to employment free of sexual harassment, and which requires employers to take positive action to prevent it. According to the Government's last report, an amendment to the Canadian Labour Standards Regulations, which would prescribe a standard form of sexual harassment policy, was being considered and it was anticipated to become law in 1991. The Committee requests the Government to continue to provide information on progress in the adoption of the above-mentioned amendment and on any other measures taken to combat harassment in the workplace on the basis of sex, or any other ground enumerated in the Convention, and to supply copies of such measures with its future reports.

9. The Committee notes the Canadian Security Intelligence Service Act, and the Security Policy for the Government of Canada, which were annexed to the Government's reports. It further notes the summary case histories of security complaints dealt with by the Security Intelligence Review Committee (SIRC) in 1986-90. The Committee requests the Government to continue to supply similar information with future reports.

10. The Committee notes with interest the examples of promotional activities undertaken, including publications, consultations, educational seminars and workshops, video programmes, enterprise visits and study grants at the federal and provincial levels to promote equality in opportunity and treatment in employment and occupation. It requests the Government to continue to provide information on similar activities in its future reports.

The Committee would also be grateful if the Government would supply information on the follow-up given to the (undated) Labour Canada publication "Leave for Employees with Family Responsibilities", which was annexed to the Government's report as well as information on the seminars on reconciling job and family responsibilities, sponsored by the Women's Bureau of Labour Canada and the Status of Women Canada.

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

The Committee notes with interest the repeal, on 23 June 1987, of the British Columbia Public Sector Restraint Act of 1983 which, as the Committee had noted in previous comments, provided for circumstances justifying termination of the employment relationship which were so widely defined that enforcement of the Act did not appear to offer substantial protection against discrimination, as defined in the Convention.

With regard to the provisions of the British Columbia Human Rights Act, 1984, which had been the subject of previous comments (concerning the replacement of a general prohibition of discrimination on any grounds unless reasonable cause was shown, by a detailed enumeration of grounds upon which discrimination is prohibited), the Committee requests the Government to continue to supply detailed information on the practical application of the British Columbia Human Rights Act, 1984, and in particular of section 13(1)(b) of the Act.

The Committee is raising other points in a request addressed directly to the Government.