Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Canada (Ratification: 1964)

1. Federal. The Committee notes with interest from the Government's report that the new Employment Equity Act (Bill C-64) came into force on 24 October 1996 (repealing the 1986 Act) and aims to achieve equality in the workplace and to correct conditions of disadvantage experienced by women, aboriginal peoples, persons with disabilities and members of visible minorities (section 2) through yearly employers' equity plans and reports (sections 5 to 19) coupled with compliance audits (sections 22 to 27) undertaken by the Canadian Human Rights Commission, and final enforcement by an Employment Equity Review Tribunal (sections 28 to 32). The new Act considerably strengthens the sanctions for violations of its provisions and the promotion of employment equality. The Act is to apply to private and public sector entities employing 100 or more persons (including the Canadian forces and the Royal Canadian Mounted Police as specified by order of the Governor in Council) and shall be reviewed five years after entry into force (section 44). The Committee also notes that regulations under the new Act were published in November 1996.

2. Noting from the report that the Act includes a transition period of one year which ends in November 1997 and that the Canadian Human Rights Commission was to commence in-site audits in October 1997 (seeking to minimize the Commission's intrusion into the affairs of the employer while ensuring accurate assessments of an employer's compliance with the Act), the Committee asks the Government to provide in its next report the initial findings of the audits, including information on any cases referred to the Review Tribunal. It would also appreciate receiving a copy of the non-binding "Guidelines to employers", referred to in the report as expected to be released by late 1997.

3. The Committee also notes with interest information provided on the number and nature of projects approved under the Special Measures Innovation Fund, which is part of the Special Measures Initiatives Programme (SMIP) mentioned in the Committee's previous direct request. The objective of the SMIP is to foster a workplace environment and corporate culture that values diversity and is conducive to the equitable participation and inclusion of all employees, including members of the designated groups of women, aboriginal peoples, persons with disabilities and members of visible minorities. Noting that the SMIP will end in March 1998, the Committee asks the Government to supply it with any reports showing the impact of the SMIP as regards employment equality and follow-up proposals, if any.

4. The Committee notes from the report that the mandate of the Women's Bureau of Human Resources Development Canada (HRDC) has been expanded to support the incorporation of gender-based analysis in HRDC priority areas, as required by the Federal Plan for Gender Equality. The Committee requests the Government to provide information on the Federal Plan for Gender Equality including review mechanisms and status of implementation.

5. Provinces. The Committee notes the repeal, in December 1995, of the Ontario Employment Equity Act and the subsequent adoption of the Equal Opportunity Plan (EOP), a voluntary, non-legislative initiative aimed at facilitating merit-based employment practices and the removal of employment barriers, particularly barriers for persons with disabilities. The Committee notes that the EOP's activities so far centre on provision of information and asks the Government to provide details on how the EOP assists persons who consider that they are suffering or have suffered discrimination in employment on the grounds of the Convention. The Committee notes with interest the entry into force on 29 November 1995 in Quebec of the Act on the Human Rights and Youth Rights Commission ("Loi sur la Commission des droits de la personne et des droits de la jeunesse"), which entrusts this new Commission with the double mandate of ensuring the promotion and respect for the principles of the Charter of Human Rights and Liberties and the rights recognized in the Act on the protection of youth. The Committee notes that among the principles enshrined in the Charter are the prohibition of discrimination in employment on the grounds of race, colour, sex, pregnancy, sexual orientation, civil status, age except when provided for by law, religion, political conviction, language, ethnic or national origin, social condition, and disability or the use of a means to accommodate the handicap. It also notes that the Charter foresees the elaboration and implementation of a programme of equal access aimed at correcting the situation of persons who belong to groups, victims of discrimination in employment, and the task of monitoring the application of this programme is vested in the Commission. The Committee requests the Government to provide a copy of this programme and information on its implementation in practice.

6. The Committee understands that unpaid work has been included in the 1996 Canadian population census. Noting that this is the first time that any country has requested information on work being done in the household at the national level in official statistics, the Committee asks the Government to provide a copy of the relevant parts of the census, which, it trusts, will throw light on the contribution of women to the national economy and help in the elimination of sex-based stereotypes and discrimination.