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

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

The Committee notes the observations of the Canadian Labour Congress (CLC) received on 1 September 2016, concerning issues examined in the present observation. The Committee also notes the observations received on 1 September 2014 and 1 September 2016 from the International Organisation of Employers (IOE), which are of a general nature.

Article 2 of the Convention. Right to organize of certain categories of workers. Province of Alberta. Recalling that it previously expressed its concern at the denial of the right to organize of agricultural workers in Alberta, the Committee notes with interest the adoption of the Enhanced Protection for Farm and Ranch Workers Act in 2015. The Act amends the Labour Relations Code to remove the exclusion of agricultural workers from employee status. The Government indicates that the labour relations component of the Act will be proclaimed once further technical discussions occur with unions, workers and employers, in order to identify any specific provisions in the Code that should apply to the agricultural sector and that such discussions are ongoing. Recalling that it previously expressed its concern at the denial of the right to organize of architects, dentists, land surveyors, lawyers, doctors, engineers, domestic workers, nursing personnel and higher educational staff in Alberta, the Committee notes the Government’s statement that the Provincial Government intends to review the Labour Relations Code in 2016–17, including a review of these exclusions. It also indicates that it is in the process of reviewing the Post-secondary Learning Act, with the intention of extending full associational and collective bargaining rights to academic staff at Alberta’s post-secondary institutions. The Committee requests the Government to continue to provide information on the outcome of the technical discussions with respect to the application of the Labour Relations Code to agricultural workers, as well as on the outcome of the review of the Labour Relations Code and the Post-secondary Learning Act with respect to the other categories of workers identified above.

Province of Ontario. (i) Agricultural workers. The Committee once again notes that the Provincial Government does not envisage amending the Agricultural Employees Protection Act, which, as the Committee previously noted, gives agricultural employees the right to form or join an employees’ association, but maintains the exclusion of those workers from the Labour Relations Act and does not provide a right to a statutory collective bargaining regime. It notes the Government’s statement that it does not have any statistics on the number of workers represented by an employee association or trade union, if any, under the Act.

(ii) Architects, dentists, land surveyors, lawyers, doctors, engineers, domestic workers, principals and vice-principals in educational establishments and community workers. The Committee notes the Government’s statement that the exclusions of coverage of the Labour Relations Act will be considered by the ongoing review of Ontario’s labour and employment legislation, which began in 2015.

Other provinces. In addition, 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: New Brunswick (domestic workers); Nova Scotia (architects, dentists, land surveyors, lawyers, doctors, engineers); Prince Edward Island (architects, dentists, land surveyors, lawyers, doctors, engineers); and Saskatchewan (architects, dentists, land surveyors, lawyers, doctors, engineers, domestic workers). In this respect, it notes an absence of information in the Government’s report, in reply to its previous request, on measures taken or envisaged.

The Committee requests the Government to take measures to ensure that all the provincial governments concerned take the 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. The Committee requests the Government to provide information on the measures taken in this respect.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. The Committee previously noted the conclusions and recommendations of the Committee on Freedom of Association with respect to Case No. 2654 (356th Report, paragraphs 361–384) which called upon the provincial authorities to review and amend the Public Service Essential Services Act and the Act to amend the Trade Union Act of the province of Saskatchewan, and it requested information on developments in this respect.

The Committee notes with satisfaction the information provided by the Government that in 2015 the Supreme Court of Canada established, in a trilogy of cases, that the scope of constitutional protection of workers’ rights under section 2(d) of the Constitution (concerning freedom of association) protects the right of employees to join a trade union of their choosing that is independent of management; engage in a meaningful process of collective bargaining, which requires good faith labour–management dialogue; and engage in strike action, within certain limits.

Province of Saskatchewan. The Committee notes that the Court found, in this respect, the Public Service Essential Services Act to be unconstitutional. It notes with satisfaction that the Provincial Government of Saskatchewan subsequently adopted, in 2016, amendments to the Act, and that these amendments were in accordance with the Committee’s previous request.

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