Effect given to the recommendations of the committee and the Governing Body - Report No 324, March 2001

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

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

1. 27. The Committee examined this case at its May-June 1999, June and November 2000 meetings [see 316th Report, paras. 229-274; 321st Report, paras. 103-118; 323rd Report, paras. 45-48, respectively]. At its November 2000 meeting, the Committee strongly urged the Government to take the necessary measures to amend the legislation concerning community participation activities in order to extend the right to organize to persons involved in such activities. The Committee also reiterated its request that the Government take all the necessary measures to amend the legislation to ensure that collective bargaining in the construction industry, below the provincial level, may be initiated by either the workers' or employers' representatives at any stage of the project.
2. 28. In a communication of 8 January 2001, the Government asserts with respect to the legislation concerning community participation activities that it does not violate the principles of freedom of association and "at this time, it is not the intention of the Ontario Government to amend Bill No. 22". Concerning collective bargaining in the construction industry, the Government states that "the Government's position remains that Bill No. 31 does not impede free and voluntary collective bargaining, and that amendments to the legislation are not required". In the context of the legislation governing collective bargaining in the construction industry, the Government notes that the Labour Relations (Amendment) Act, 2000 (Bill No. 139) was recently passed into law and clarifies that project agreements may apply to multiple or future projects developed within the term of the agreement. Bill No. 139 also indicates that project agreements cover non-construction work on a project. The Government forwarded a copy of Bill No. 139 under cover of a communication dated 11 January 2001.
3. 29. The Committee deeply regrets the Government's staunch refusal to consider the Committee's recommendations concerning the need to amend Bills Nos. 22 and 31 in order to bring them into conformity with freedom of association principles. With respect to community participation activities, the Committee strongly urges the Government to take the necessary measures to ensure that those involved in such activities are no longer denied a fundamental right, namely the right to organize, and again requests the Government to keep it informed in this regard. With respect to Bill No. 31, the Committee notes the recent amendments arising out of Bill No. 139; however, in the view of the Committee, these amendments do not address the concerns previously raised. The Committee therefore again requests in the strongest terms the Government to take the necessary measures to amend the legislation to ensure that collective bargaining in the construction industry, below the provincial level, may be initiated by either the workers' or employers' representatives at any stage of the project, and to keep the Committee informed in this regard.