Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Canada (Ratification: 2000)

The Committee notes the observations of the Quebec Council of Employers (CPQ) communicated with the Government’s report.

Articles 3(d) and 4(1) of the Convention. Hazardous work. 1. Federal legislation. The Committee previously noted that section 10 of the Canadian Labour Standards Regulations prohibits the employment of children under the age of 17 years for certain types of hazardous work and for works likely to be injurious to their health. It noted the Government’s statement that it was in the process of consultation with various stakeholders in assessing the impact of the recommendations put forth by the Federal Labour Standards Review Commission concerning the revision of the provisions of the Labour Code thereby prohibiting dangerous work for workers under 18 years of age.

The Committee notes the Government’s indication in its report that it will be able to report further on this specific issue once the process of updating the Canada Labour Code is further advanced. The Committee once again recalls that, by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out is likely to harm the health, safety and morals of children, is considered to be one of the worst forms of child labour, which States are required to prohibit for young persons under the age of 18 years. The Committee trusts that the provisions of the Canada Labour Code will be revised shortly so as to ensure that the age of admission to hazardous work at the federal level is raised to 18 years in the very near future, and requests the Government to provide information on the progress made in this regard.

2. Provincial legislation. In its previous comments, the Committee noted the various provisions which prohibit the employment of children under the age of 18 years in certain types of hazardous work in the provinces of British Colombia, Newfoundland and Labrador, Prince Edward Island and Nunavut. It noted, however, that the general minimum age established for admission to harmful and hazardous work is 16 years in Newfoundland and Labrador (Labour Standards Act) and Prince Edward Island (Youth Employment Act), and 17 years in Nunavut (Labour Standards Act and Employment of Young Persons Regulations). While recalling the provisions of Article 3(d) of the Convention as stated above, the Committee also recalled that Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), addresses the possibility of authorizing the employment or work of young persons as from the age of 16 years under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity, and that employers’ and workers’ organizations be consulted.

The Committee notes the Government’s information that, in Newfoundland and Labrador, prohibitions exist throughout the provincial legislation that prevents persons under the age of 18 years from working in hazardous employment (for example, working with silica). In Nova Scotia, many trades that can be considered hazardous (for example, automotive service technician, boilermaker, bricklayer, and so forth) may only be performed once the required certification is obtained, following ten years of training/employment that can only be initiated after having attained a Canadian High School Graduation Completion diploma or turning 19 years of age. In addition, at least two other statutory regimes prevent the employment of young persons under 18 years of age in activities considered to imply “moral hazards”.

As for Nunavut, the Committee notes the Government’s information that it is in the process of reviewing the Labour Standards Act to propose significant amendments, including to the young worker provisions. It also notes the Government’s indication that, with regard to Prince Edward Island, information will be provided in a timely manner. The Committee expresses the hope that the Government will take the necessary measures to revise the legislations of Newfoundland and Labrador, Prince Edward Island and Nunavut so as to provide for a general prohibition according to which young persons under the age of 18 may not perform hazardous work. With regard to Nunavut and Prince Edward Island, where such work is performed by young persons between 16 and 18 years of age, the Committee requests the Government to take the necessary measures to ensure that work is only carried out in accordance with the strict conditions set out in Paragraph 4 of Recommendation No. 190, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in that activity. The Committee requests the Government to provide information on the progress made in this regard.

Article 7(2). Effective and time-bound measures. Clauses (b) and (d). Direct assistance for removal of children from the worst forms of child labour and identifying and reaching out to children at special risk. Indigenous children. In its previous comments, the Committee noted the various measures taken by the federal and certain provincial governments related to the protection and education of indigenous children.

The Committee notes the detailed information provided by the Government on the measures taken in various provinces, including the following:

• -In Alberta, the Justice and Solicitor (JSG) Victims Services developed the Counselling for Children Grant pilot programme, which aims to provide funding and support to improve access to counselling for children who are victims of sexual exploitation and/or other criminal offences causing physical or mental harm, including child labour. The pilot programme ran from 1 January 2015 to 31 December 2017, and targeted three child advocacy centres that are also making efforts to provide support and counselling to indigenous communities by forming working relationships so that they can either provide outreach services within these communities or ensure that indigenous children and youth have access to the services being offered at the child advocacy centres.
• -In Newfoundland and Labrador, the Department of Education and Early Childhood Development (EECD) takes a holistic approach to indigenous education that includes, but is not limited to, the development of culturally-relevant programming and resources, working with post-secondary institutions to encourage and support indigenous enrolment and success, and signing agreements and memoranda of understanding with various indigenous nations to increase funding to support educational programmes.
• -In Ontario, the Ontario Human Rights Commission (OHRC), has recognized the negative impact of the residential school system on indigenous children and their families, as well as the failure in policing to protect indigenous women and girls and the need for support and cooperation from provinces and territories in areas of provincial jurisdiction, including law enforcement, education, health care and employment. Ontario is co-implementing a provincial Indigenous Children and Youth Strategy with First Nations, Métis and Inuit partners, in support of improved outcomes for indigenous children, youth and families. In addition, the Youth Justice Services Division delivers a wide range of culturally responsive community programmes for indigenous youth in, or at risk of, conflict with the law.
• -In Quebec, the Government indicates that it is implementing several measures to increase the school success rates and decrease the school drop-out rates for indigenous children and youth, including investing in awareness raising and support to indigenous education, as well as various other education measures. In addition, the Government of Quebec has adopted a Governmental Plan of Action for the social and cultural development of First Nations and Inuits 2017–22, in the framework of which the Ministère de l’Education et de l’Enseignement supérieur (MEES) must contribute by implementing nine measures that address education and higher education.

The Committee notes, however, that human rights mechanisms have underlined that indigenous children in Canada are still subjected to discrimination. The Human Rights Committee, in its concluding observations of 13 August 2015, remained concerned about the fact that some indigenous people are lacking access to basic needs (CCPR/C/CAN/CO/6, para. 19). In its concluding observations of 23 March 2016, the Committee on Economic, Social and Cultural Rights expressed its concern about the continuous lower educational and academic achievements of indigenous children (E/C.12/CAN/CO/6, para. 55). The Committee on the Elimination of Discrimination against Women (CEDAW/C/CAN/CO/8-9, 25 November 2016, para. 36), while welcoming the measures taken to ensure that gender equality permeates all levels of education, nevertheless noted with concern the continuous lower educational and academic achievements of indigenous women and girls and their high drop-out rates at all levels of education. Finally, the Committee on the Elimination of Racial Discrimination, in its concluding observations of 13 September 2017, expressed alarm that less money is reportedly provided for child and family services for indigenous children than for children in other communities, and that this gap continues to grow (CERD/C/CAN/CO/21-23, para. 27). It also expressed concern at the reported disparity in resource allocation for education and the lack of sufficient funding of mother tongue education programmes, leading to unequal access to quality education, in particular for indigenous children, which contributes to future socio-economic disparity among this group (para. 29).

The Committee takes note of the observation made by the CPQ, according to which an education system that is adapted to the needs of vulnerable and marginalized communities certainly contributes to the prevention of child labour. While taking due note of the measures taken by the Government, the Committee encourages it to pursue its efforts to protect at-risk indigenous children from the worst forms of child labour, particularly with respect to increasing their school enrolment rates and reducing their school drop-out rates. It requests the Government to continue providing information on the measures taken in this regard and, in particular, on the results achieved, disaggregated by age and gender.