Effect given to the recommendations of the committee and the Governing Body - Report No 327, March 2002

Case No 1975 (Canada) - Complaint date: 21-JUL-98 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 36. The Committee has been called on several occasions to examine this case, which deals with a piece of legislation (Bill No. 22, an Act to prevent unionization with respect to community participation under the Ontario Works Act) which denies the right to organize to workers involved in community participation activities, and another one (Bill No. 31) which makes it more difficult for construction workers to enforce their right to organize. When it last examined the case [324th Report, paras. 27-29], the Committee expressed its deep regret at the Government’s staunch refusal to act on its recommendations, and urged it once again to amend its legislation to ensure that workers involved in community participation activities be granted the right to organize. The Committee further noted that the information provided by the Government in connection with Bill No. 31 did not address the concerns previously raised, and urged it once again in the strongest terms, to amend the impugned legislation so that collective bargaining in the construction industry, below provincial level, may be initiated by either workers’ or employers’ representatives at any stage of the process. The Committee requested to be kept informed of any development in these respects.
2. 37. In its communication of 13 September 2001, the Government limits itself to stating that there are no updates regarding its response regarding Bill No. 22, maintains that this Bill does not violate freedom of association principles and that, at this time, it has no intention to amend it. The Government is silent on issues relating to Bill No. 31.
3. 38. The Committee, once again, deeply regrets the Government’s repeated lack of cooperation, and the absence of constructive dialogue, on this and other cases currently pending before it. The Committee also refers to the recent decision of the Supreme Court of Canada in the Dunmore case, mentioned above in connection with Case No. 1951, where the Court relied, inter alia, on Articles 2 and 10 of Convention No. 87, and referred to Case No. 1900 of the Committee. The Committee therefore requests, once again, the Government to amend Bill No. 22, to ensure that workers involved in community participation activities be granted the right to organize, and Bill No. 31 to ensure that collective bargaining in the construction industry below provincial level may be initiated by either workers’ or employers’ representatives at any stage of the process. The Committee requested to be kept informed of any development in these respects.