Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Canada (Ratification: 2000)

Articles 3(d) and 4(1) of the Convention. Hazardous work. 1. Federal legislation. The Committee previously noted that section 10 of the Canadian Labour Standards Regulations prohibits the employment of children under the age of 17 years for certain types of hazardous work and for works likely to be injurious to their health. It noted the Government’s statement that it was in the process of consultation with various stakeholders in assessing the impact of the recommendations put forth by the Federal Labour Standards Review Commission concerning the revision of the provisions of the Labour Code thereby prohibiting dangerous work for workers under 18 years of age.

The Committee notes the Government’s indication that consultations with the stakeholders are still ongoing. Recalling that by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety and morals of children is considered to be one of the worst forms of child labour and pursuant to Article 1 of the Convention, member States are required to take immediate measures to prohibit the worst forms of child labour as a matter of urgency, the Committee again urges the Government to take immediate measures to ensure that the age for admission for hazardous work in federally regulated enterprises be raised to 18 years in the very near future (pursuant to the Review Commission’s recommendation). It requests the Government to provide information on the progress made in this regard.

2. Provincial legislation. Following its previous comments, the Committee notes the information provided by the Government on the various provisions which prohibit the employment of children under the age of 18 years in certain types of hazardous work in the provinces of British Colombia, Newfoundland and Labrador, Prince Edward Island and Nunavut. The Committee notes, however, that, with the exception of those provisions, the general minimum age established for admission to harmful and hazardous work is 16 years in Newfoundland and Labrador (Labour Standards Act) and Prince Edward Island (Youth Employment Act) and 17 years in Nunavut (Labour Standards Act and Employment of Young Persons Regulations). The Committee once again recalls the provisions of Article 3(d) and Article 1 of the Convention as stated above. It also recalls that Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity, as well as the consultation of employers’ and workers’ organizations. The Committee therefore urges the Government to take the necessary measures to bring the legislations of Newfoundland and Labrador, Prince Edward Island and Nunavut in conformity with Article 3(d) of the Convention, so as to ensure that hazardous work is prohibited for children under 18 years. However, where such work is performed by young persons between 16 and 18 years, the Committee urges the Government to take the necessary measures to ensure that work is only carried out in accordance with the strict conditions set out in Paragraph 4 of Recommendation No. 190, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in that activity. The Committee requests the Government to provide information on the progress made in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. Canada’s National Strategy for the Protection of Children from sexual exploitation (National Strategy). Following its previous comments, the Committee notes the Government’s information that within the framework of the National Strategy, initiatives were undertaken to provide support for research on child sexual exploitation, child trafficking, public education awareness and reporting through Cybertip.ca, Canada’s national tip-line for the public to report suspected cases of online sexual exploitation of children. According to the Government’s report, the majority of reports received by Cybertip.ca involved child pornography, while the online and telephone reporting systems received reports of online luring, children exploited through prostitution, child sex-tourism and child trafficking. The Committee notes from the Government’s report that since its inception in 2002, Cybertip.ca received some 108,456 reports from Canadians, following which 451 arrests were made and 500 children were removed from abusive environments; and 9 million education materials were distributed to schools, law enforcement agencies, child welfare institutions and other stakeholders. The Committee also notes that the Canadian Centre for Child Protection (C3P) which manages the tip-line also operates several national programmes aimed at reducing child victimization online and in the real world such as “Kids in the Know” and the “Commit to Kids” programme.

The Committee further notes from the Government’s report that the Royal Canadian Mounted Police’s (RCMP) National Child Exploitation Coordination Centre (NCECC) which is the law enforcement component of the National Strategy coordinates all victim identification-related information between Canada and INTERPOL. It also contributes to the International Child Sexual Exploitation Database (ICSE) along with 40 other countries, to reduce the duplication of investigative efforts, by making information about identified victims and offenders available to the international network of investigators. As of July 2014, Canada has identified 581 victims for inclusion in the ICSE. The Committee finally notes that the NCECC also coordinates intelligence and provides investigation support and expertise to Canadian and international law enforcement agencies to investigate the offences related to child sex tourism. The RCMP is also involved in Project Spillover, an intelligence assessment of Canadians involved in child sexual exploitation abroad and in order to augment its research through this project, it has deployed an RCMP officer to popular destination countries for Canadian travelling child sex offenders.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for removal of children from the worst forms of child labour. Clause (d). Identifying and reaching out to children at special risk. Aboriginal children. Following its previous comments, the Committee notes the Government’s information that the Department of Public Safety along with the National Association of Friendship Centre developed a national awareness campaign on the trafficking of Aboriginal peoples for sexual exploitation. It also notes the Government’s information that the Department of Education in the provinces of Newfoundland and Labrador collaborates, supports and works with Aboriginal authorities, groups and schools and has initiated several programmes with regard to Aboriginal education, including: the implementation of high school social studies on Aboriginals and the development of kindergarten health books, provincial social studies and religious education programmes that pay particular attention to aboriginal history and culture; and the implementation of teacher induction programme aimed at better preparing non-Aboriginal teachers to teach more effectively in cross-cultural context that are present in the aboriginal schools within the province.

With regard to the province of Quebec, the Committee notes the Government’s information that three aboriginal nations of Cris, Naskapi and Inuit have signed global agreements with the Government of Quebec which have a special autonomy with regard to the education of aboriginals, while eight other nations operate their own schools subsidized by the federal government. The Committee notes from the Government’s report that according to the statistics of 2012–13, there were about 4,854 Cris students; 3,439 Inuit students; 227 Naskapi students; and 2,061 students living on reserve that attended the Quebec school system. In an effort to increase the level of education and reduce the drop-out rates among children of aboriginals, the Ministry of Education, Recreation and Sports along with the Aboriginal Education Organizations provided support to 2,577 aboriginal people; implemented Homework Assistance Programme to support the Coalition of Aboriginal Friendship Centres of Quebec to support aboriginal children in urban areas; provided funds for the retention and academic success of Aboriginal children as well as for Aboriginal employment programme, leisure and sports. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 6 December 2012, expressed concern at the high dropout rates of Aboriginal children (CRC/C/CAN/CO/3-4, paragraph 69). While taking due note of the measures taken by the Government, the Committee requests the Government to strengthen its efforts to protect at-risk aboriginal children from the worst forms of child labour, particularly with respect to increasing the school enrolment rates and reducing school drop-out rates of aboriginal children. It requests the Government to provide information on the measures taken in this regard and on the results achieved.