Effect given to the recommendations of the committee and the Governing Body - Report No 330, March 2003

Case No 1975 (Canada) - Complaint date: 21-JUL-98 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 35. When it last examined this case, which deals with provisions which deny the right to organize to workers involved in community participation activities (Bill No. 22) and a piece of legislation which makes it more difficult for construction workers to enforce their right to organize (Bill No. 31) the Committee reiterated its deep regret at the Government’s repeated lack of cooperation, urged it once again to amend these legislative provisions and requested to be kept informed of developments [327th Report, paras. 36-38].
2. 36. In a communication dated 2 February 2002, the complainant organization mentions that it wrote to the Minister of Labour, pointing out that the exclusion of workers in the Workfare programme was inconsistent with the decision of the Supreme Court of Canada in Dunmore, and that the impugned provisions of Bill No. 22 should be repealed.
3. 37. In its communication of 3 October 2002, the Government maintains its position regarding Bill No. 22 and states that no amendments are planned or envisioned. As regards Bill No. 31, the Government indicates that the project agreement framework has been modified to provide greater flexibility and stability in the construction industry: project owners and trade unions can agree to apply project agreements to multiple and future projects, and trade unions are entitled to challenge the addition of new projects under certain conditions.
4. 38. Noting the information provided by the Government in connection with Bill No. 31, the Committee recalls that either workers’ or employers’ representatives in the construction industry should be entitled to initiate collective bargaining below provincial level at any stage of the process. As regards Bill No. 22, the Committee deeply regrets the Government’s repeated lack of cooperation and the absence of constructive dialogue, and strongly urges it, once again, to amend this legislation, to ensure that workers involved in community participation activities be granted the right to organize. The Committee requests to be kept informed of developments in connection with Bill No. 22.