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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the additional information provided by the Government in light of the Governing Body’s decision at its 338th Session (June 2020). The Committee therefore examined the application of the Convention on the basis of the additional information provided as well as on the information available to it in 2019.

The Committee notes the observations of the Canadian Labour Congress (CLC), received on 30 August 2019 and 30 September 2020. The Committee requests the Government to provide its comments in this respect.

Article 2 of the Convention. Operation of the consultative procedures. In response to its previous comments requesting information on steps taken to strengthen the operation of procedures that ensure effective tripartite consultations at both national and provincial levels on matters covered by the Convention, the Government reports that the agendas for the annual tripartite roundtable on ILO issues, developed in consultation with the social partners had not included effective models for subnational social dialogue as a formal agenda item. The Government explains that this was because the agendas, primarily focused on International Labour Conference items and other ILO labour policy items, were already quite full and the tripartite constituents had not identified the issue of subnational social dialogue models as a key agenda priority. Thanking the CLC for its observations, the Government indicates that concerted efforts have been made in response to the social partners’ requests for enhanced provincial and territorial involvement during these annual tripartite roundtables. In its observations, the CLC notes that the annual International Labour Conference preparation meetings held during the reporting period have included provincial government representation. The CLC encourages strengthening provincial participation in discussions on ILO standards and Conference items and reiterates its request for more in-depth discussions at the federal level tripartite meetings on the promotion of provincial level social dialogue, considering that this would provide the opportunity to examine effective models of subnational social dialogue to help strengthen tripartism at national and provincial levels. The Committee requests the Government to continue to provide updated detailed information on the measures taken to strengthen and promote effective tripartite consultation at national and provincial levels with regard to the matters covered by the Convention.

Article 5(1). Effective tripartite consultations. The Government indicates that it continues to hold regular consultations with the social partners on the matters concerning international labour standards set out in Article 5(1) of the Convention. The Committee notes the information provided in the Government’s report in relation to replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)), proposals to be made to the competent authority in connection with the submission of instruments adopted by the Conference (Article 5(1)(b)), and proposals for the denunciation of ratified Conventions (Article 5(1)(e)). In respect of the application of Article 5(1)(c), the Committee notes with interest that on 17 June 2019, following consultations with the provinces, territories and the social partners, Canada ratified the Labour Inspection Convention, 1947 (No. 81), and the Protocol of 2014 to the Forced Labour Convention, 1930 (P29). The Committee welcomes the Government’s indication that it will continue to systematically consult the social partners on matters covered under Article 5(1) of the Convention. The Committee notes that in its supplementary report the Government informs that examples of tripartite consultations and discussions that have taken place since its 2019 report include consultations on the proposed abrogation and withdrawal of several ILO Conventions and Recommendations, discussions on the possible ratification by Canada of the Violence and Harassment Convention (No. 190), and meetings of the federal Labour Program. The Committee requests the Government to continue to provide detailed and up-to-date information on the content and outcome of tripartite consultations held on all of the matters related to international labour standards covered by Article 5(1)(a)–(e) of the Convention.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Tripartite consultations required by the Convention. The Government indicates that the provisions of the Convention are applied in practice through consultations undertaken by the Labour Program of Employment and Social Development Canada (ESDC) on the matters covered in Article 5(1) of the Convention. It further indicates that it consults with the social partners with respect to unratified Conventions. The Committee invites the Government to provide in its next report information on the content and outcome of the consultations held on the matters concerning international labour standards covered by Article 5(1) of the Convention, including consultations on the re-examination of unratified fundamental and governance Conventions.

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

Tripartite consultations required by the Convention. The Committee notes the Government’s first report on the application of the Convention received in August 2013. The Government indicates that the provisions of the Convention are applied in practice through consultations undertaken by the Labour Program of Employment and Social Development Canada (ESDC) on the matters covered in Article 5(1) of the Convention. It further indicates that it consults with the social partners with respect to unratified Conventions and, in this regard, consultations on the Labour Inspection Convention, 1947 (No. 81), and the Minimum Age Convention, 1973 (No. 138), are ongoing. The Committee invites the Government to provide in its next report information on the content and outcome of the consultations held on the matters concerning international labour standards covered by Article 5(1) of the Convention, including consultations on the re-examination of unratified fundamental Conventions, such as Convention No. 138, and governance Conventions, such as Convention No. 81.