Employment Service Convention, 1948 (No. 88) - Canada (Ratification: 1950)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. Contribution of the employment service to employment promotion. The Committee notes from the Government’s report that, each year, approximately 3.4 billion CAD in funding is provided for individuals and employers to obtain training and employment support through the Labour Market Development Agreements (LMDAs) and Workforce Development Agreements (WDAs) with provinces and territories. Additional investments in these agreements, totalling 2.7 billion CAD, were made available in 2017-18 and continue to be made available in 2022-23. The Committee notes that, while the federal Government provides funding under the LMDAs, provincial and territorial governments have the flexibility to design and deliver employment programmes and services best suited to the needs of their local labour markets. At the provincial level, the Committee notes that Ontario is transforming its employment services system to make it more efficient, streamlined, and outcomes more focused. As part of the Employment Services Transformation, a new service delivery model will integrate social assistance employment services into Employment Ontario. This new system will be more responsive to the needs of jobseekers, businesses and local communities, with full provincial implementation to occur by 2024. In response to the Committee’s previous request that the Government provide information on the impact and effectiveness of the activities carried out by the public employment service, the Government indicates that an evaluation of the LMDAs covering the period from 2012 to 2017, found that incremental impacts demonstrate that LMDA programmes and services are improving the labour market attachment of active and former employment insurance claimant participants. The Government adds that, from a social perspective, the benefits of participation exceeded programme costs. The Committee also notes the information provided by the Government relating to the provinces and territories. For example, in Québec, the Government indicates that it continuously evaluates employment programmes, measures and services and monitors their results. Evaluations of the economic effects of employment measures and services have estimated that for every dollar invested in public employment services, two dollars returns to society after five years, which translates into a rate of return of 15 per cent. On the basis of the evaluations carried out to date, the Government considers that the services offered by the public employment services make a difference in terms of employment outcomes. With respect to employment placement services offered to unemployed persons across the country, the Committee notes the information provided for the provinces and territories, such as data concerning the Employment Ontario network, which served over 750,000 people in 2020-21, including over 58,900 employers across Ontario. The Committee requests the Government to continue to provide information on the impact and effectiveness of the activities carried out by the employment service and to continue to provide information, including statistical data, disaggregated by sex and age, on the number of public employment offices established, the number of employment applications received, the number of vacancies notified and the number of persons placed in employment by the offices.

Articles 4 and 5. Cooperation with employers’ and workers’ representatives. The Government indicates that, pursuant to the LMDAs and WDAs, the payment of annual funding to provinces and territories is tied to deliverables, including an annual plan and annual report with respect to which provinces and territories are required to provide information on consultations undertaken with employers’ and workers’ organizations. The Committee notes the various forums in which employers’ and workers’ organizations are consulted at the provincial and territorial levels with respect to employment service policy. It notes that, in Ontario, the Ministry of Labour, Training and Skills Development announced in March 2020 that the Workforce Development and Training Review would help the public employment service better understand the current and potential supply of future talent and skills. The review would provide the foundation for the province's first Workforce Development Action Plan to create a roadmap aimed at assisting workers to acquire the skills needed to find good, high-quality jobs in a changing economy. The Government indicates that the Action Plan will be informed by engagement with key stakeholders, including employers’ and workers’ organizations, organizations representing persons with disabilities, and municipal and federal partners. In its previous comments, the Committee noted from the Government’s report that there were no advisory committees established in Saskatchewan. It notes that the Government has not provided updated information regarding Saskatchewan. The Committee requests the Government to continue to provide updated information on the manner in which the employers’ and workers’ organizations are consulted at the federal, provincial and territorial levels in the organization and operation of the employment service and in the development of employment service policy.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Canadian Labour Congress (CLC) received on 2 September 2015 and the Government’s reply thereto included in its report.

Article 1 of the Convention. Contribution of the employment service to employment promotion. In reply to the previous comments, the Government provides in its report detailed information on the activities carried out by the employment service at the federal and provincial levels and recalls that Service Canada has been responsible for accessing programmes, services and benefits since its creation in 2005. The Committee notes in this regard that the Government collaborates with the provinces and territories to provide an integrated suite of programmes across the country, in support of skills development and employment. It further notes the information provided on two key initiatives, the Red Seal Program and the Labour Market Information initiative. In its observations, the CLC refers to Article 6 of the Convention and indicates that public spending on employment services and active labour market measures is dismal. The CLC adds that government spending on active labour measures dropped to 0.24 per cent of gross domestic product in 2012 from 0.35 per cent in 2004, thus ranking Canada near the bottom of industrialized countries. In its reply to the CLC’s observations, the Government indicates that all Canadian federal and provincial governments are pursuing, as a major goal, active policies designed to promote full, productive and freely chosen employment and that policies support the aims identified in Article 1 of the Convention. The Committee requests the Government to continue to provide information on the impact and effectiveness of the activities carried out by the employment service and the manner in which it ensures “the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources” (Article 1(2)). Please also continue to provide information on the number of public employment offices established, the number of employment applications received, the number of vacancies notified and the number of persons placed in employment by the offices.

Articles 4 and 5. Cooperation with employers’ and workers’ representatives. In its observations, the CLC indicates that it has urged the Government to establish a national labour market partners forum to facilitate ongoing dialogue, cooperation and coordination between key stakeholders (governments, employers’ and workers’ organizations, educators and trainers) and provide public policy advice on labour market issues. In its reply, the Government refers to the information provided in its current and previous reports, adding that persons affected by the measures taken, including representatives of employers and workers, are consulted. The Committee notes the information provided by the Government concerning consultations at the federal and provincial levels. Moreover, it notes from the Government’s report that there are no advisory committees established in Saskatchewan. The Committee requests the Government to continue to provide information on the manner in which the employers’ and workers’ organizations are consulted at the federal and provincial levels in the organization and operation of the employment service and in the development of employment service policy.

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

Article 1 of the Convention. Contribution of the employment service to employment promotion. The Committee notes the Government’s report which includes information in reply to the 2011 observation and detailed information from the provinces. It also notes the observations made by the Confederation of National Trade Unions (CSN), transmitted by the Government. The Committee notes that, as of March 2013, private sector job boards can have their jobs displayed online by the National Employment Service (NES), when in compliance with the legislative requirements of the Government of Canada, if they demonstrate the same level of rigour for authenticating employers and jobs. Approximately 1 million regular and student jobs are posted annually on the online Job Bank, an integral part of the NES. Employment and Social Development Canada (ESDC) delivers a number of employment initiatives targeted towards specific groups, such as aboriginal peoples, youth, older workers and persons with disabilities. The Government indicates that a number of improvements to the Employment Insurance (EI) programme were made to better connect the unemployed with jobs that match their skills and are within their local area. In 2012–13, Service Canada continued to invest in the design and use of technologies to support automated application processing and expanded internet services, thus improving EI service delivery. In its observations, the CSN refers to Article 3(1) of the Convention which provides that the national system of employment offices shall comprise a network of local and regional offices sufficient in number to serve each area of the country. The CSN indicates that the closure of Service Canada offices has had a negative impact on the processing times of EI claims. The Committee invites the Government to provide updated information on the impact of the activities carried out by the employment service and the manner in which it ensures “the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources” (Article 1(2)). It also invites the Government to continue to provide information on the number of public employment offices established, the number of employment applications received, the number of vacancies notified and the number of persons placed in employment by the offices (Part IV of the report form).

Articles 4 and 5. Cooperation with employers’ and workers’ representatives. The Government indicates that the ESDC works with Canada’s 13 provinces and territories to develop a productive, skilled and adaptable labour force. It adds that the ESDC also facilitates partnerships with employers, workers, industry associations, and other not-for-profit organizations to develop tools and strategies to help ensure that jobseekers and workers have the skills and knowledge required for the workplace. The Committee invites the Government to provide information on the manner in which the employers’ and workers’ organizations are consulted in the organization and operation of the employment service and in the development of employment service policy.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Cooperation with employers’ and workers’ representatives. The Committee notes the Government’s response received in September 2011 in reply to the comments of the Canadian Labour Congress (CLC). The CLC indicated in September 2010 that the Government affords a low priority to consultation with the social partners on the matters set out in the Convention. It further indicated that there are no advisory committees, as set out in Article 4 of the Convention, involving trade unions and employer organizations dealing with the organization and operation of the employment service in the country. The CLC would welcome consideration to create such advisory committees that would examine specific issues and measure the Government’s progress in implementing the Convention. In the longer term, an Article 4 consultation process could help to better coordinate workplace training by bringing together employers, unions and various levels of government. The Government indicates that it consults with employers and workers on a number of issues related to skills development and employment through, inter alia: (i) meetings of the Roundtable on Workforce Skills (RWS), which is comprised of senior representatives from the business community, unions, and federal and provincial governments; and (ii) sectoral and regional consultations with employers and unions through the Sector Council Program and other Human Resources and Skills Development Canada (HRSDC) initiatives. The Committee notes that Service Canada is reviewing its approach in order to further improve service delivery while realizing efficiencies. This process began in 2009 and one of the objectives is to simplify and enhance Service Canada’s presence across the country by balancing in-person interaction with the online self-service channel. The CLC indicated in its 2010 comments that it continued to uncover claimants who remained unassisted because of staff shortages in Service Canada offices. This has lead to delays in receiving benefits or denial of benefits altogether due to incorrectly filled out forms. Furthermore, with regard to Article 6(b) of the Convention, the CLC expresses the view that the Canadian Employment Insurance (EI) system does not appear to be serious about facilitating mobility between one region or province to another. The Government responded that it is committed to facilitating mobility between provinces and territories. It indicates that a number of studies have looked at the determinants of labour market mobility and whether EI played a role in the decision to migrate for employment. Results of these studies reveal that factors such as personal and labour market characteristics, and moving costs, play a key role in mobility decisions, and it appears that EI is not a barrier to mobility. The Committee invites the Government to continue to provide information on the active cooperation of employers’ and workers’ representatives in the organization, the operation of the employment service and in the development of the employment service policy (Article 4(1) of the Convention). Please also provide information on the effectiveness of Service Canada’s review of the employment service system.

[The Government is asked to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the detailed report provided by the Government for the period June 2005–May 2010, received in September 2010. It further notes the comments made by the Canadian Labour Congress (CLC), appended to the Government’s report. It invites the Government to provide its own observations to the issues raised by the CLC on the application of the Convention. The Committee intends to examine the points raised by the CLC, together with the report on the application of the Employment Policy Convention, 1964 (No. 122), which is due in 2011.

[The Government is asked to reply in detail to the present comments in 2011.]