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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Canada (RATIFICATION: 1964)

Other comments on C111

Observation

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Articles 1 and 2 of the Convention. Legislation and policy. Discrimination based on sex. Sexual harassment. The Committee notes with interest the adoption, at the federal level, of the Workplace Harassment and Violence Prevention Regulations (SOR/2020-130), which expanded the responsibilities of employers in federally regulated workplaces to prevent and address sexual harassment, notably by requiring them to: (1) conduct workplace assessments identifying risk factors for harassment and violence; (2) develop a Workplace Harassment and Violence Prevention Policy; and (3) establish emergency procedures to respond to occurrences or threats of harassment and violence. The Committee further notes the legislative reforms at the provincial level mentioned in the Government’s report, such as the 2017 and 2018 changes to Alberta’s Occupational Health and Safety (OHS) Act and Occupational Health and Safety (OHS) Code. The Government explains that Alberta’s legislation now includes a specific definition of sexual harassment and requires employers to establish a detailed harassment prevention plan. While welcoming these developments, the Committee observes that, according to a survey entitled “Sexual Misconduct and Gender-Based Discrimination at Work, 2020”, published by Statistics Canada in August 2021, 25 per cent of women and 17 per cent of men experienced sexual misconduct in their workplace in 2020. It also observes, from a report entitled “Worker’s Experiences of Inappropriate Sexualised Behaviours, Sexual Assault and Gender-based Discrimination in the Canadian Provinces”, published by Statistics Canada in August 2021, that almost half of women (47 per cent) working in certain occupations historically dominated by men, such as trades, transportation and equipment operation, experienced inappropriate sexualised behaviours in 2020. The Committee asks the Government to: (i) provide information on the impact of the Workplace Harassment and Violence Prevention Regulations on preventing and addressing sexual harassment in the workplace; and (ii) continue to report on any other measures taken or envisaged, at both the federal and provincial levels, to prevent and address sexual harassment through legislation, policies and education, particularly in male-dominated sectors.

Promotion of equality of opportunity and treatment. Employment equity designated groups. The Committee notes the Government’s indication that, in July 2021, it launched the Employment Equity Act Review Task Force to provide concrete, independent and evidence-based recommendations on modernising the provisions of the federal Employment Equity Act (EEA). The Task Force was notably tasked with examining: (1) the changes that should be made to the names and definitions of the current EEA four designated groups, namely women, Aboriginal peoples, persons with disabilities and members of visible minorities; and (2) whether the EEA’s designated groups should include additional populations, such as the LGBTQ2 communities (acronym used by the Government of Canada to refer to the Canadian community Lesbian, Gay, Bisexual, Transgender, Queer, Two-Spirit – latter term is used within certain indigenous communities). The Committee further notes that, according to the 2021 Employment Equity Act Report, published on the Government’s website, the representation of women in federally regulated private sector workplaces decreased from 39.5 per cent in 2019 to 39.1 per cent in 2020, while the representation of Aboriginal peoples, persons with disabilities and members of visible minorities slightly increased. It also notes from a survey entitled “Employment Equity in the Public Service of Canada for the Fiscal Year 2021-2022” that the representation of Aboriginal peoples within the core public administration remained stable during the fiscal years 2020–21 and 2021–022, while that of women, persons with disabilities and members of visible minorities slightly increased. The Committee asks the Government to: (i) provide information on the work conducted by the Employment Equity Act Review Task Force regarding the definition and scope of the employment equity groups currently designated by the EEA, as well as on any legislative reforms initiated or envisaged in this regard; (ii) provide up-to-date statistical information on the representation, in both the private and public sectors, of all the designated groups under the EEA; and (iii) indicate the measures taken or envisaged to enhance the representation of these groups, and particularly women, in the labour market, based on the recommend.

Promotion of equality of opportunity and treatment. Indigenous peoples. The Committee notes from a research paper entitled “Labour market impacts of Covid-19 on Indigenous people living off reserve in the provinces”, published by Statistics Canada in November 2021, that the employment rate among Indigenous people was 57.7 per cent in August 2021, while that of non-Indigenous people was 61.2 per cent. It also notes that the unemployment rate remained above its pre-pandemic level for both Indigenous (11.6 per cent in August 2021 compared to 10.3 per cent in February 2020) and non-Indigenous people (7.6 per cent in August 2021 compared to 5.5 per cent in February 2020), though Indigenous people were more likely to be unemployed than non-Indigenous people. According to the same research paper, this is mainly due to the fact that “Indigenous people are younger on average and […] more likely to be in lower-paying jobs and to hold casual or temporary employment contracts […] which have been more heavily impacted during the COVID-19 pandemic”. The Committee further notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that, on 1 January 2021, the Employment Equity Act (EEA) was amended to include new pay reporting provisions, according to which federally regulated private sector employers with at least 100 employees are required to include aggregated information on the pay gap experienced by Indigenous people. The Government adds that this information will be made publicly available through an online application, with a view to raising public awareness of pay gaps and prompting employers to reduce those gaps. The Committee asks the Government to: (i) report on the initiatives taken or envisaged, at both the federal and provincial levels, to improve the access of Indigenous people to employment and to a wider range of occupations with career prospects and higher pay, as well as on the impact of these initiatives; (ii) communicate statistical data on the pay gap between Indigenous and non-Indigenous people, in both the private and public sectors, at the federal and provincial levels; and (iii) provide information on the impact of the new reporting provisions included in the EEA with a view to identifying and reducing the pay gap experienced by Indigenous people in federally regulated private sector workplaces.

Protection against discrimination on grounds of race, colour or national extraction. The Committee again asks the Government to provide information on all legislative, policy and educational measures taken or envisaged, at both the federal and provincial levels, to improve protection against racial discrimination in employment and occupation, to reduce racial bias and prejudice by the public as well as by public and private employers, and to promote equal employment opportunities and treatment for African Canadians.

Migrant workers. The Committee notes that, according to a document entitled “Immigration as a Source of Labour Supply”, published by Statistics Canada in June 2022, the employment rate of recent (10 years or less) immigrants was 76.6 per cent in 2021, while that of Canadian-born people was 83.9 per cent. The same document states that the employment rate gap between recent immigrant workers and Canadian-born workers decreased from 13 percentage points in 2010 to 7 percentage points in 2021. The Committee further notes from a paper entitled “Valued Workers, Valuable Work. The Current and Future Role of (Im)migrant Talent”, published by the Conference Board of Canada in October 2021, that immigrants are an integral part of the essential workforce, as they are over-represented in food-manufacturing, truck transportation, and nursing and residential care facilities. The same paper also points out that overqualification – that is, namely the possession of qualifications beyond what are required to obtain a particular job – is common among immigrants employed in essential workplaces, particularly among immigrant women. The Committee finally notes that, according to a report entitled “Health and Safety of Agricultural Temporary Foreign Workers in Canada during the Covid-19 Pandemic”, published by the Office of the Auditor General of Canada in 2021, the inspections conducted in 2020 and 2021 by Employment and Social Development Canada (that is, namely the Government’s department responsible for implementing social programmes and policies at the federal level) provided little assurance of protection for the health and safety of agricultural workers who obtained residency status under the Temporary Foreign Worker Program (“TFWP”) during the COVID-19 pandemic. In addition, the same report found no evidence that Employment and Social Development Canada took any specific measures to identify and address systemic inequalities against agricultural temporary foreign workers – including inequalities based on gender, race, ethnicity, and religion – during the COVID-19 pandemic. The Committee asks the Government to provide information on all legislative, policy and educational measures taken or envisaged to: (i) address the causes of the still important employment gap between immigrant workers and Canadian-born workers; (ii) enhance the access of immigrant workers, and particularly women, to a wider range of occupations with career prospects and higher pay; and (iii) improve the working conditions and address the systemic inequalities faced by temporary immigrant workers, especially in the agricultural sector.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes that, in October 2022, the Minister of Employment, Workforce Development and Disability Inclusion presented a National Disability Inclusion Action Plan, which is organised under four mutually reinforcing pillars of action, namely: employment, financial security, accessible and inclusive communities, as well as a modern approach to disability. Regarding employment, the plan announces numerous actions, such as the implementation of an Employment Strategy for Persons with Disabilities that will: (1) help persons with disabilities find and keep good jobs, as well as advance in their careers or become entrepreneurs; (2) support employers as they develop inclusive workplaces; and (3) aid organisations and individuals who support persons with disabilities in employment. The Committee further notes from a report entitled “Earnings Pay Gap Among Persons With and Without Disabilities”, published by Statistics Canada in June 2023, that, among those aged 16 years and older, persons with disabilities earn 21.4 per cent less than persons without disabilities. In this regard, it notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that, since 1 January 2021, the Employment Equity Act (EEA) requires federally regulated private sector employers with at least 100 employees to include aggregated information on the pay gap experienced by persons with disabilities. The Government adds that this information will be made publicly available through an online application, with a view to raising public awareness of pay gaps and prompting employers to reduce those gaps. The Committee asks the Government to provide information on: (i)the measures taken, within the framework of the 2022 National Disability Inclusion Plan, to improve the access of persons with disabilities to employment and to a wider range of occupations with career prospects and higher pay, at both the federal and provincial levels, in the private and public sectors, and the results achieved; and (ii) the impact of the new reporting provisions included in the EEA on identifying and reducing the pay gap experienced by persons with disabilities in federally regulated private sector workplaces.

Gender identity and gender expression. The Committee notes with interest that, on 19 June 2017, the Government enacted the Act to amend the Canadian Human Rights Act and the Criminal Code, which amended the Canadian Human Rights Act (CHRA) to include “gender identity” and “gender expression” to the list of prohibited grounds of discrimination in federally regulated workplaces. It also notes that gender identity and/or gender expression are now expressly mentioned as prohibited grounds of discrimination in employment and occupation in the legislation of all Canadian provinces and territories. The Committee further notes that, in August 2022, the Government launched the Federal 2SLGBTQI+ Action Plan (latest acronym used by the Government of Canada. 2S: at the front, recognises Two-Spirit people as the first 2SLGBTQI+ community; L: Lesbian; G: Gay; B: Bisexual; T: Transgender; Q: Queer; I: Intersex, considers sex characteristics beyond sexual orientation, gender identity and gender expression; +: is inclusive of people who identify as part of sexual and gender diverse communities, who use additional terminologies), which seeks to address and prevent discrimination and stigma based on sexual orientation, sex characteristics, gender identity and expression, by prioritising community action and by coordinating the Government’s work in a holistic approach. It observes, however, that, according to the 2SLGBTQI+ Action Plan Survey, conducted from November 2020 to February 2021, discrimination remains a prevalent issue in the workplace for 2SLGBTQI+ people, with 30 per cent of transgender women and 22 per cent of transgender men stating that they have been denied employment opportunities due their gender identity in the past five years. The Committee asks the Government to provide information on: (i) the application in practice of the Canadian Human Rights Act and the Criminal Code (as amended in 2017), as well as of the legislation enacted at the provincial and territorial level regarding prohibition of discrimination based on gender identity and gender expression in employment and occupation, including information on any complaints filed, sanctions imposed and remedies granted; and (ii) the measures taken within the framework of the 2022 Federal 2SLGBTQI+ Action Plan to prevent and address stigma and discrimination on the grounds of gender identity and gender expression in employment and occupation, and the impact thereof.

Article 3. Direct and indirect discrimination. The Committee takes note of the adoption, in June 2019, of the Act respecting the Laicity of the State in Quebec. This new Act – which applies to all public and “parapublic” sectors, including all government departments and agencies, public transit authorities, school boards, and publicly subsidised childcare centres – prohibits employees from wearing religious symbols or face coverings while at work. In this regard, the Committee notes from a survey conducted by the “Observatoire sur la Formation à la Diversité et l’Equité” (OFDE) in 2020 that the new legislation resulted in numerous problematic situations in Quebec universities, including “negative and discriminatory treatment of student teachers (undergraduate) […], which are more frequent, normalized, overt, and even legitimized […]”. The same survey also points out that several factors increase the likelihood of being a victim of such problematic and discriminatory situations, namely identifying as female, being an immigrant, having a first language other than French, and belonging to a visible or religious minority. The Committee asks the Government to provide information on the measures taken or envisaged to assess and address the potential discriminatory effects of the 2019 Act regarding the Laicity of the State, particularly with respect to female workers, immigrant workers, non-French-speaking workers, and workers belonging to a visible or religious minority group.

Gender equality in employment and occupation of postal contractors. Indirect discrimination. The Committee recalls that section 13(5) of the Canada Post Corporation Act excludes “mail contractors”, such as rural and suburban mail carriers, from the application of Part I of the Canadian Labour Code. It also recalls that, according to the Canadian Labour Congress (CLC), this provision may constitute an indirect discrimination against women, since 71 per cent of rural and suburban mail carriers are women. The Committee once again asks the Government to examine and address the possible impact of section 13(5) of the Canada Post Corporation Act on equality of opportunity and treatment between men and women in the postal sector, including by gathering and communicating up-to-date statistical data, disaggregated by sex, on the number of rural and suburban mail carriers.

Access to justice and enforcement. The Committee again asks the Government to provide information on: (i) the measures taken and the results achieved to facilitate access to justice for Aboriginal peoples; and (ii) the labour inspections, complaints, administrative decisions, court and tribunal cases related to discrimination in employment and occupation on the grounds set out in the Convention.