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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Canada (Ratification: 2011)

The Committee notes the observations of the Canadian Labour Congress (CLC), communicated with the Government’s report.

Article 2 of the Convention. Operation of the consultative procedures. The Government indicates in its report that consultations on matters covered by the Convention are conducted on a continuing basis as issues arise throughout the year. Consultations take place both informally and formally in the context of teleconferences and face-to-face meetings, including tripartite roundtables and workshops. In its observations, the CLC indicates that federal government consultations regarding the ratification of ILO Conventions could be strengthened to incorporate the ILO’s spirit of social dialogue and tripartism. It adds that Canada’s federated structure obliges the federal government to engage its provincial and territorial counterparts in matters concerning the ILO, but discussions have been limited to federal, provincial and territorial governments and have not involved workers’ organizations. The CLC considers that the promotion of provincial level social dialogue should be placed as an agenda item for discussion at the federal level tripartite meetings, which would provide an opportunity to look at effective models of sub-national social dialogue that could help strengthen tripartism at the national and provincial levels. The Committee requests the Government to provide its comments in this respect, including on the steps taken to strengthen the operation of procedures that ensure effective tripartite consultations at national and provincial levels with respect to the matters covered by the Convention.

Article 5(1). Effective tripartite consultations. The Government indicates that, in pursuance of the implementation of the Convention, the social partners have been consulted on the matters covered by Article 5(1) of the Convention. The Committee notes the information provided in this regard, including in relation to the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)) and the proposals to be made to the competent authority in connection with the submission of instruments adopted by the Conference (Article 5(1)(b)). With respect to Article 5(1)(c), the Government indicates that both Canadian employers’ and workers’ organizations are consulted on the possibility of ratifying ILO Conventions, including the fundamental and governance Conventions. In this regard, the Committee notes with interest that, following consultations with the social partners, Canada ratified the Minimum Age Convention, 1973 (No. 138), in June 2016, and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in June 2017. The Committee further notes that the Government is currently working with the provinces and territories to explore the possibility of ratifying the Labour Inspection Convention, 1947 (No. 81), and the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee requests the Government to continue to provide information on the content and outcome of tripartite consultations held on the matters concerning international labour standards covered by the Convention.