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

Forced Labour Convention, 1930 (No. 29) - Canada (Ratification: 2011)
Protocol of 2014 to the Forced Labour Convention, 1930 - Canada (Ratification: 2019)

The Committee notes the observations of the Canadian Labour Congress (CLC), as well as the observations of the Quebec Council of Employers (CPQ) communicated with the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (a) Legal framework and law enforcement. The Committee previously noted that section 279.01 of the Criminal Code prohibits trafficking in persons (punishable with imprisonment of up to 14 years), as does section 118 of the Immigration and Refugee Protection Act (IRPA). In this regard, the Government indicated that 12 legal proceedings for forced labour were initiated under provisions relating to trafficking between 2009 and May 2014, including the convictions of 25 accused persons and one company. These convictions resulted in sentences of imprisonment ranging from six months to nine years. However, the Committee noted the reference by the Confederation of National Trade Unions (CSN) to a 2013 report of the Royal Canadian Mounted Police (RCMP) entitled Domestic Human Trafficking for Sexual Exploitation in Canada, which states that in some locations across the country, law enforcement agencies and officers are not conducting human trafficking investigations as they are not always aware of relevant legislation, do not fully understand this crime, lack resources, or have competing priorities.

The Committee notes the observations of the CPQ that the Government has taken measures to suppress forced labour within the framework of the National Action Plan to Combat Human Trafficking (NAP). Moreover, a special team was set up within the RCMP in order to combat trafficking and sexual exploitation.

The Committee also notes the Government’s information in its report that the federal government took diverse initiatives under the NAP, such as the publication and distribution of the Handbook for Criminal Justice Practitioners on Trafficking in Persons, endorsed by federal/provincial/territorial (FPT) Ministers responsible for Justice. The Government also indicates that, as of June 2017, the Human Trafficking National Coordination Centre has identified 428 cases since 2005 where specific charges related to human trafficking were laid. The majority of 408 domestic trafficking cases were for sexual exploitation, while the 20 international trafficking cases were primarily related to labour exploitation. Moreover, the longest sentence for human trafficking for sexual exploitation involved imprisonment of 23 years, while that for human trafficking for forced labour involved a guilty plea and resulted in imprisonment of nine years. The Committee requests the Government to continue providing information on the application of section 279.01 of the Criminal Code and section 118 of the Immigration and Refugee Protection Act in practice, including the number of prosecutions and convictions, the penalties applied, as well as copies of relevant court decisions.

(b) Prevention of trafficking and protection of victims. The Committee previously noted the Government’s indication that the NAP was released in June 2012, which proposed strategies to support organizations providing assistance to victims, and provided protection to foreign nationals from illegitimate or unsafe work. Temporary resident permits (TRPs) were available to victims of trafficking, with 73 foreign nationals receiving such permits between May 2006 and December 2011.

The Committee notes the Government’s information that the NAP expired in March 2016. An evaluation of the NAP is currently under way and should be finalized in autumn 2017, the outcomes of which will help to clarify and direct the way forward. The Committee also notes that, in Alberta, foreign nationals with a TRP issued under the IRPA and who are recognized as victims of human trafficking by Immigration, Refugees and Citizenship Canada (IRCC) are eligible to receive income support up to the duration of their TRP, including any extension granted by IRCC. These individuals are also eligible for health benefits under the Alberta Works Program if they are not receiving health-care benefits under the Interim Federal Health Program. In British Columbia, training is provided to services providers, live-in caregivers and their network of social support. Awareness-raising activities were also organized in several provinces, such as in Nova Scotia and Ontario. However, the Committee notes that, in its concluding observations of 25 November 2016, the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) expressed concern at the lack of adequate mechanisms to identify and refer victims of trafficking in need of protection, the lack of sufficient data on victims of trafficking and the lack of systematically organized rehabilitation and reintegration measures, including access to counselling, medical treatment, psychological support and redress, including compensation for victims of trafficking, who are not automatically entitled to temporary residence permits unless they cooperate with the police and judicial authorities (CEDAW/C/CAN/CO/8-9, paragraph 32). The Committee therefore requests the Government to continue providing information on the measures taken to improve the identification of victims of trafficking and to ensure that all such victims are provided with appropriate protection and assistance, as well as on the number of victims identified and of those who have received rehabilitation and reintegration services. It also requests the Government to provide information on the evaluation of the implementation of the NAP 2012–16, and to indicate when a new NAP will be adopted for the next period.

2. Temporary foreign workers. The Committee previously noted the allegations of the CLC that persons who enter the country under the Temporary Foreign Worker (TFW) programme may end up working in conditions amounting to forced labour. Work visas issued to temporary foreign workers are imprinted with the name of their employer, with restrictions on working for another employer, and significant restrictions that prevent them from leaving a job when their rights are abused. Regarding monitoring, the CLC stated that while the TFW programme lies within the federal jurisdiction, the monitoring of their employment conditions falls within the provincial/territorial jurisdiction, and therefore there is little effective monitoring of the working conditions of these workers.

The Committee noted the Government’s reply to these allegations, indicating that temporary foreign workers are covered by the same protections as Canadian workers. It indicated that the specific concerns raised by the CLC have been addressed through legislative and policy changes at both federal and provincial levels, and that a number of these cases referred to by the CLC have led to convictions by the courts and human rights tribunals. The Committee noted that the documents referred to in the Government’s reply show that migrant workers are able to change employers by applying for a new work permit, and that employers may be subject to inspections during a period of six years from the date of issuance of a work permit for a temporary foreign worker, including on-site visits without a warrant (except for private households). The Government also indicated that changes to the TFW programme and its regulations were announced in June 2014, which would include an increase in the number and scope of inspections of employers hiring temporary foreign workers, tougher penalties for non-compliant employers such as the suspension of the recruitment of further temporary foreign workers for two years and the introduction of financial sanctions.

The Committee notes the Government’s information that, since 2014, the Department of Employment and Social Development Canada (ESDC) operates a confidential tip line and online fraud reporting tool that provides TFWs and the general public with a vehicle to report potential abuses. Regulatory changes were introduced in 2015, according to which, employers who are found non-compliant with the programme conditions could be subject to an administrative monetary penalty ranging from $500 to $100,000 per violation (maximum $1 million per year) and bans of various lengths, including one, two, five and ten years and permanent bans for egregious cases. The names of these employers are published on the Government’s website. From June 2014 to May 2017, 7,363 inspections were launched.

The Committee also notes the Government’s information that, in Alberta, the Employment Standards Programme Delivery (ESPD) Special Investigations Unit (SIU), including the Temporary Foreign Worker Advisory Office (TFWAO), was instituted in 2015 and is mandated to investigate all complaints involving vulnerable workers. In 2014, the ESPD also established an anonymous tips platform to accommodate vulnerable workers to report abuses. The Government also indicates that the TFWAO was central to 34 labour trafficking investigations and is currently involved in the investigation of 13 other cases. Moreover, from June 2014 to May 2017, 151 inspections involving TFWs were conducted, and 93 employers were found to be non-compliant with the Employment Standard Code. In Ontario, during the years from 2014 to 2017, the Employment Standards programme completed 184 inspections at workplaces known to employ TFWs, with 18 violations found related to illegal deduction from wages and six related to the non-payment of wages. The Government further indicates that, in this regard, the Governments of Alberta and Ontario concluded an Information Sharing Agreement with the federal Government in 2017 and 2015 respectively.

The Committee further notes the observations of the CLC on the Government’s report. Referring to the 2017 report of the TFW programme by the Office of the Auditor General of Canada, it states that, of the thousands of reviews conducted by the Government since 2015, the vast majority were administrative reviews. Only 13 on-site inspections were completed out of 173. In addition, employers were given advance notice of the on-site inspections. While taking due note of the measures taken by the Government, the Committee requests it to continue providing information on the further measures taken to protect temporary foreign workers from exploitative work amounting to forced labour. It also requests the Government to continue providing information on the number of inspections undertaken in workplaces employing temporary foreign workers and the results of these inspections, as well as the specific penalties applied.

3. Aboriginal victims of trafficking. The Committee noted the statement of the CSN that the Government was not taking the necessary measures to eradicate the phenomenon of trafficking of aboriginal women and girls. The CSN referred to the report of the RCMP of 2013, which stated that several specific cases of domestic human trafficking for sexual exploitation had involved aboriginal victims. This report stated that while the number of aboriginal victims did not comprise a large portion of the total number of victims in all cases where human trafficking-specific charges were laid, the aboriginal population is approximately four per cent of the total Canadian population, and therefore the number of trafficked aboriginal victims identified in these cases represents a higher proportion of victims.

The Committee notes the Government’s information that various measures were taken at the provincial level. In Alberta, the Alberta Indigenous Relations focus on improving social economic outcomes for indigenous women and their families. The Government also has Income Support Policies to support indigenous victims of trafficking who require emergency financial assistance. In Ontario, the Government implements the Ontario Indigenous Children and Youth Strategy with indigenous partners. The Children, Youth and Family Services Act, which is anticipated to come into force in April 2018, makes reference to the UN Declaration on the Rights of Indigenous Peoples. In Newfoundland and Labrador, Phase II of the Violence Prevention Initiative was released in October 2015 and guided by a four-year action plan (2015–19), which addresses issues such as trafficking and sexual exploitation. The provincial Government of Newfoundland and Labrador has also committed annual funding to the Safe Harbour Outreach created by the Saint John’s Women’s Centre to support individuals engaged in sex trade activities. Provinces are also involved in the National Inquiry into Missing and Murdered Indigenous Women and Girls which was established in 2015, including Alberta and Nova Scotia.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. The Committee previously noted that section 63 of the Public Service Employment Act states that an employee may resign from the public service by giving the deputy head notice in writing of his or her intention to resign, and the service ceases on the date specified by the deputy head, regardless of the date of the acceptance. The Committee also noted that in the province of New Brunswick (pursuant to section 24 of the New Brunswick Civil Service Act) and the territory of Nunavut (pursuant to the Nunavut Public Service Act), the ability of civil servants to resign also appears to be contingent on the acceptance of this resignation.

The Committee notes the absence of information regarding the application of section 63 of the Public Service Employment Act under the federal Government. However, the Treasury Board of New Brunswick indicates that no case of resignation made pursuant to section 24 of the Civil Service Act was rejected. It is also considering to undertake a review of the Civil Service Act in the coming year as part of the development of a People Strategy for New Brunswick. Moreover, according to section 19 of the Public Service Act of Nunavut (SNu 2013, C26), a civil servant may resign his or her position by giving the deputy head at least two weeks’ notice in writing and indicating the last day on which he or she will perform his or her duties. The Committee requests the Government to provide information on the application of section 63 of the Public Service Employment Act under the federal Government, indicating the conditions under which a resignation by a civil servant may be refused, as well as the number of acceptances and refusals, and where appropriate, the reasons for refusal. It also requests the Government to provide information on any progress made regarding the review of the Civil Service Act in New Brunswick.

2. Freedom of career members of the armed forces to leave the service. The Committee previously noted that section 15.02 of Chapter 15 of the Queen’s Regulations and Orders for the Canadian Forces, on Release, states that no officer or non-commissioned member may claim his release as a right except: (i) an officer or non-commissioned member not on active service by reason of an emergency whose service entitles him to an immediate annuity under the Canadian Forces Superannuation Act; (ii) an officer or non-commissioned member who has completed a 20 or 25 year intermediate engagement; and (iii) an officer who completed a fixed period of service. Section 15.18 states that officers and non-commissioned members may also make a request for voluntary release. This request must be made in writing through the commanding officer and forwarded to the National Defence Headquarters.

The Committee notes the Government’s information that, referring to section 23 of the National Defence Act and its Annex A, Appendix 3 on voluntary release, a member of the Canadian Forces is required to provide a notice of six months in advance of the desired release date. Recent initiatives have resulted in expediting releases in 30 days, if no conditions set by the relevant regulations exist that limit a release, such as a national emergency or war, a year following the emergency or war, an outstanding obligatory service, or being under a restricted release period. As a general rule, voluntary requests may be refused or delayed based on the member’s mandatory service obligations or until those service obligations expire or are exempted. The Government also indicates that, according to DAOD 5049-1 on subsidized education, obligatory service refers to a specified period of time that a member must serve after having received subsidized education or training, the pilot terminable allowance and medical or dental officer direct entry recruitment allowance. A member serving the obligatory service may also be granted a voluntary release on compassionate reasons, otherwise he or she is subject to repayment of the costs. The Committee also notes the statistical information provided by the Government in this regard, according to which, from April 2015 to March 2017, 10,298 persons were released from the Regular Force, while 298 requests for release were rejected.

Article 2(2)(c). Compulsory labour exacted as a consequence of a conviction in a court of law. 1. Prison labour. (a) Federal prisons. The Committee previously noted the Government’s statement that federal legislation does not contain provisions relating to compulsory prison labour. Pursuant to the Corrections and Conditional Release Act, the Correctional Service of Canada encourages individuals convicted to a federal sentence to become actively involved in programmes, including employment and vocational training. The website of the Correctional Service of Canada indicated that the Service operates CORCAN, a programme that aims to provide offenders with employment and employability skills training. This employment includes opportunities to work in the community with not-for-profits as well as private sector enterprises.

The Committee notes the Government’s information that the employment of prisoners is voluntary. The Government also indicates that, as stipulated in Commissioner’s Directive 730, offender pay levels range from $5.25 to $6.90 per day for those participating in programmes. Offenders who are unable to participate in programme assignments for reasons beyond their control receive an allowance of $2.50 per day, while those who refuse all programme assignments are given a basic allowance of $1.00 per day. An orientation training is provided to inmates before commencing the work assignment, including health and safety procedures, as well as any other specific rules and regulations. The Correctional Service of Canada also assists the offender scheduled for release in obtaining relevant documentation, including health-care coverage and a social insurance number.

(b) Provincial and territorial prisons. The Committee previously noted that in three provinces and territories, labour appears to be compulsory for prisoners in the provincial/territorial prisons, specifically in Newfoundland (pursuant to section 21 of the Prisons Regulations made under the Prisons Act), Nunavut (pursuant to section 18 of the Nunavut Corrections Act) and in Prince Edward Island (pursuant to section 10 of the PEI Correctional Services Act). The Committee therefore requested the Government to provide information on the measures taken to ensure that, in the provinces and territories where prisoners are obliged to perform work, such work is carried out under the supervision and control of a public authority and that such prisoners are not hired to or placed at the disposal of private individuals, companies or associations.

The Committee notes the Government’s information that, in Newfoundland and Labrador, the inmates on work programmes were not hired by or placed at the disposal of the private sector. The Government also indicates that, in practice, inmates in Nunavut are not forced to perform work, neither for a public authority nor private individuals or entities. Amendments to the Corrections Act, including repealing section 18, were introduced in March 2017, pending approval by the Legislation Assembly. The Committee notes the absence of information regarding Prince Edward Island.

The Committee also notes the Government’s indication that, Alberta’s legislation and regulation obliges convicted inmates to work, and penalties may be imposed on inmates who refuse to work or are idle, careless, or negligent at work. There are also limited circumstances under which inmates may perform work for private entities, such as the food service work at some institutions within the Fine Option Programme. Under this programme, the work is entirely voluntary, and inmates must apply for it and be accepted. Such work is unpaid but used to earn credits against their fine. The Committee requests the Government to provide information on any progress made regarding the adoption of the Amendments to the Corrections Act in Nunavut. It also once again requests the Government to indicate whether prisoners are allowed to be hired or placed at the disposal of private individuals, companies or associations in Prince Edward Island.

The Committee previously noted that in the majority of the provinces and territories, work in prisons is performed on a voluntary basis. It also noted that the legislation in several provinces permits prisoners to be engaged in work outside of the prison (pursuant to section 23 of the British Columbia Corrections Act, section 25 of the Ontario Corrections Services Act and section 76 of the Act respecting the Quebec correctional system).

The Committee notes the Government’s information that, in British Colombia, some correctional centres hold contracts with private enterprises to employ inmates, who work on a voluntary basis and are paid at set wages for the work completed. However, the employment laws do not apply to inmates regarding their participation in a work programme. In Quebec, the inmates work on a voluntary basis and receive a remuneration equal to one third of the minimum wage. They also receive protection regarding occupational safety and health, and contribute to certain social security schemes according to their incomes. The Committee also notes that, in Ontario, there are no forms of compulsory work made under the statutes, regulation or policies of the Ministry of Community Safety and Correctional Services, and that no judicial or administrative decisions, or investigations have noted any related findings or concerns.

2. Community corrections. The Committee previously noted the Government’s indication that, under the Criminal Code, following conviction, a court may suspend a sentence, and the offender may be released pursuant to conditions prescribed in a probation order (if there is not a minimum sentence of imprisonment prescribed). Pursuant to section 742.3(2)(d) of the Criminal Code, the court may prescribe that the offender perform up to 240 hours of community service over a period not exceeding 18 months. The Committee also noted the Government’s indication that all provinces also have some type of community corrections sentencing, and requested it to provide information on whether work performed in the context of these community corrections or community services programmes may be performed for private entities.

The Committee notes the Government’s information that the community services are performed for public bodies or non-profit organizations in Alberta, Newfoundland and Labrador and Quebec. The Committee requests the Government to indicate whether the community services can be performed for private entities in the other provinces.

Article 2(2)(d). Emergencies. The Committee previously noted the Government’s indication in its report that under the Emergencies Act, in the event of public welfare emergencies (section 8(1)(d)), a public order emergency (section 19(1)(d)) or a declaration of an international emergency (section 30(1)(e)), any person may be authorized to render essential services with reasonable compensation in respect of services rendered. Section 3 of the Emergencies Act defines the term “emergency” as an “urgent and critical situation of a temporary nature that seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or seriously threatens the ability of the Government to preserve the sovereignty, security and territorial integrity of Canada”.

The Committee notes the Government’s information that the Emergencies Act has never been applied and no declarations of emergency have been made since its enactment in 1988. Under the Alberta Emergency Management Act, a state of emergency was declared during the wildfires in the regional municipality of Wood Buffalo from 4 May to 30 June 2016. However, no labour was called up or conscripted for the wildfire response.