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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Canada (Ratification: 1972)

The Committee notes the comments received in 2013 from the International Trade Union Confederation (ITUC), the International Organisation of Employers (IOE) and the Canadian Employers’ Council (CEC) on all the legislative issues already under review.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the discussion on the application of the Convention by Canada at the Committee on the Application of Standards at the International Labour Conference (June 2013). It particularly takes note of the conclusions adopted, in which the Government was asked to pursue its efforts to bring to the attention of some provincial authorities the need to amend certain legislative texts to find solutions in conformity with the Convention in full consultation with the social partners, and to provide this Committee with detailed information on the measures adopted in this connection.

Article 2 of the Convention. Right to organize of certain categories of workers. The Committee recalls that for many years it has been expressing its concern at the denial of the right to organize to broad categories of workers in the following provinces.

Province of Alberta. (i) Agricultural workers. The Committee notes that the Government of the Province of Alberta is still measuring the impact of the 2011 ruling of the Supreme Court of Canada in the case Ontario (Attorney-General) v. Fraser on the jurisprudence of courts dealing with similar cases before deciding on any possible measures to take. (ii) Architects, dentists, land surveyors, lawyers, doctors, engineers, domestic workers, nursing personnel, higher educational staff. The Committee notes with regret that the provincial Government is not planning any measures to recognize the right of these categories of workers to establish and join organizations of their own choosing.

Province of Prince Edward Island. Architects, dentists, land surveyors, lawyers, doctors, engineers. The Committee notes that the provincial Government does not envisage reviewing its legislation.

Province of New Brunswick. Domestic workers. The Committee notes that the provincial Government is continuing consultations with stakeholders regarding potential amendments to the Industrial Relations Act to remove the exclusion of domestic workers.

Province of Nova Scotia. Architects, dentists, land surveyors, lawyers, doctors, engineers. The Committee notes the lack of any information on measures taken or envisaged.

Province of Ontario. (i) Agricultural workers. The Committee notes that the provincial Government does not envisage amending the Agricultural Employees Protection Act, that it does not have any statistics on the number of workers represented by the trade unions in the agricultural sector in Ontario, and that no complaint from trade unions calling for their rights under the Convention have been registered. The Committee wishes to recall that the issue was the subject of a complaint lodged with the Committee on Freedom of Association (Case No. 2704). (ii) Architects, dentists, land surveyors, lawyers, doctors, engineers, domestic workers, principals and vice-principals in educational establishments and community workers. The Committee notes that the Government does not envisage amending its legislation.

Province of Saskatchewan. Architects, dentists, land surveyors, lawyers, doctors, engineers, domestic workers. The Committee notes the provincial Government’s observations of a general nature concerning the consolidation of the Saskatchewan Employment Act in May 2013 and its impact on the determination of the term “employee”.

The Committee notes the general comments from the IOE and CEC to the effect that, given the diversity of the forms of employment in Canada, it is necessary and appropriate to accept the exclusion of certain categories of workers from the coverage of overall labour relations legislation in favour of specific schemes that take more account of the nature of the jobs concerned.

The Committee, taking account of all the information provided, trusts that the Government will ensure that all the provincial governments concerned take all necessary measures to guarantee that all the categories of workers mentioned above enjoy the right to establish and join organizations of their own choosing, as well as other rights recognized in the Convention.

Article 3. Right of employers’ and workers’ organizations to organize their activities and to formulate their programmes. The Committee has referred in the past to matters linked to the right to strike in certain provinces, which have also been examined by the Committee on Freedom of Association. Taking into account the information submitted by the Government, the Committee will examine these matters in more detail in its direct request.

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