Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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

Articles 2 and 3 of the Convention: The right of workers and employers to establish and join organizations of their own choosing, without previous authorization; the right to formulate their programmes.

Prince Edward Island, Nova Scotia, Ontario: Union monopoly

For many years, the Committee has drawn the Government's attention to the necessity to amend certain provincial laws that designate by name the union recognized as bargaining agent, giving rise to a possible situation of trade union monopoly. The Committee urges the governments of these provinces to repeal from their respective legislation (Prince Edward Island, Civil Service Act, 1983; Ontario and Nova Scotia, Teaching Professions Act) the names of individual trade unions and to keep it informed of any steps taken in this regard.

Ontario: Freedom of association without any distinction

Furthermore, with regard to Ontario, the Committee notes the entry into force of the Act to restore stability to labour relations and to promote economic prosperity (Act No. 7). The Act amends the provisions of a number of laws, particularly the 1995 Labour Relations Act and the 1993 Crown Employees Collective Bargaining Act. It also repeals the provisions of the 1994 Agricultural Labour Relations Act, which the Committee addressed in its comments. The Committee notes with concern that one of the consequences of Act No. 7 is the exclusion of household employees and persons employed in agriculture and horticulture from the scope of the legislation on collective bargaining. It also notes that, according to the Government's report, before the adoption of the 1994 Agricultural Labour Relations Act, agricultural and horticultural workers were banned from forming or joining organizations. Recalling that the guarantees laid down in the Convention cover all workers, without distinction, the Committee asks the Government to indicate whether these workers (household employees, agricultural and horticultural workers) may form and join organizations and whether they have the right to strike. If not, the Committee urges the Government to take the necessary steps to revise Ontario's legislation governing these workers in order to bring it into full conformity with the principles of freedom of association.

Federal Government: Limitations to the right to strike and collective negotiation

The Committee notes the adoption of the Maintenance of Railway Operations Act (Bill C-77) on 26 March 1995, and the West Coast Ports Operations Act (Bill C-74) on 15 March 1995, both of which ended work stoppages in their respective sectors. Under these acts, the applicable collective agreements, which had in fact expired some years previously, are extended until 31 December 1996 at least (C-74), or until new agreements are concluded (C-77). The acts provide for the appointment of a mediator-arbitrator to whom all matters remaining in dispute between the parties must be referred. Lastly, strikes and lockouts are prohibited during the term of the collective agreements, as extended.

Recalling that restrictions on the right to strike must be limited to essential services in the strict sense of the term or to cases of acute national crisis, the Committee notes that the grounds for the adoption of these Acts are incompatible with the principles of freedom of association. The Committee asks the Government to indicate whether the rights of the workers concerned to bargain collectively and to strike have been restored. It urges the Government to refrain, in future, from resorting to legislation to intervene in labour disputes which have no effect on essential services in the strict sense of the term.

Lastly, with regard to agriculture and horticulture, the Committee again asks the Government to provide information on the general situation of workers in these sectors in all the provinces and territories of Canada, and to indicate whether their right to establish organizations of their own choosing or their right to strike are limited in law or in practice.

Alberta

The Committee recalls that for a number of years its comments have concerned the need: (a) to repeal the provisions of the University Act which empowers the Board of Governors to designate the academic staff members who are allowed, by law, to establish and join a professional association for the defence of their interests; and (b) to introduce an independent system of designation where the parties fail to reach agreement for the purpose of joining academic staff associations.

The Committee notes the information supplied by the Government to the effect that, in reviewing a similar provision of the Colleges Act, the Ontario Appeals Court ruled that it was not in breach of the Canadian Charter of Rights and Freedoms. The Court found that the impugned provision in no way prevented the complainants in question from joining organizations of their choice. The Committee notes that an appeal has been filed against this decision and requests the Government to inform it of the outcome thereof.

Quebec

The Government indicates that two laws were adopted during the period covered by its report: Bill No. 46, which has become Chapter 8 of the 1995 laws and amends the Act on Labour Relations, Vocational Training and Labour Management in the Construction Industry (Labour Relations Act) and Bill No. 27, which has become Chapter 30 of the 1996 laws and amends the Labour Code.

The Government recalls that the sectoral negotiations in the construction industry, which were to begin in October 1994, actually began only in February 1995. For the duration of the negotiations, the Construction Industry Act remains in force, since it bans all strikes or lockouts until all negotiating procedures have been exhausted. The Committee notes with interest that negotiations are still under way in the residential and "civil engineering and highway maintenance" sectors and that memoranda of understanding have been concluded in the commercial and institutional sectors and in the industrial sector. The Committee asks the Government to keep it informed of any developments in this respect.