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Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Canada (RATIFICATION: 1946)

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Part V of the report form. Application in practice. The Committee notes the regulatory provisions giving effect to the Conventions mentioned in the Government’s report. It also observes that the statistical information made available by the Transportation Security Board of Canada (TSB) lacks specifics on occupational hazards in the port sector. The Committee requests the Government to provide any information necessary to evaluate the manner in which the Convention is applied in practice, including, if such statistics are available, information on the number of workers covered by these regulations, the number and nature of contraventions reported and the number, nature and causes of occupational accidents and diseases reported.

Prospect of ratification of the most up-to-date Convention. The Committee observes that the Government reiterates that the various regulations implementing the Convention also give effect to parts of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152). The Committee once again takes the opportunity to remind the Government that the Governing Body, in a decision adopted at its 328th Session (October–November 2016), approving the recommendations of the Standards Review Mechanism Tripartite Working Group, has invited parties to Convention No. 32, to consider the ratification of Convention No. 152, as the most up-to-date instrument in this subject area. The Committee requests the Government to provide information on any developments in this regard.

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1. The Committee notes the information provided by the Government in its report including references made to the amended Marine Occupational Safety and Health Regulations (SOR/87-183); the amended Canada Occupational Health and Safety Regulations (SOR/86-304) under the Canada Labour Code (RS, 1985, c. L‑2); the Canada Shipping Act 2001 (2001, c. 26), and the amended Cargo, Fumigation and Tackle Regulations (SOR/2007-128). The Committee notes with satisfaction that, through this new legislation, compliance is ensured with the Convention.

2. The Committee notes further that the Government has referred to Part 3 of the amended Cargo, Fumigation and Tackle Regulations. The Government indicates that Part 3 of these regulations implement various provisions in the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152). The Committee takes note of these developments and takes the opportunity to recall that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of Convention No. 152, which revises Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). Such ratification would automatically entail an immediate denunciation of Convention No. 32. The Committee also wishes to bring to the Government’s attention an ILO code of practice in this area, Safety and health in ports (Geneva, 2005). This code of practice is available, inter alia, through the ILO’s web site by following the link, http://www.ilo.org/public/english/protection/safework/cops/english/index.htm. The Government is requested to keep the Committee informed of any developments in this respect.

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1. The Committee notes the information provided by the Government in reply to its previous comments concerning the Port State Control Programme for foreign ships, and the Steamship Inspection Programme and Occupational Safety and Health Inspection Programme for domestic ships.

2. Further to its previous comments, the Committee notes from the Government’s report that the amendments to the Tackle Regulations referred to in earlier reports of the Government have not been completed to date. The Government indicates that it is its intention to proceed with such amendments as soon as the revised Canada Shipping Act is promulgated, and that it will keep the Office informed of any developments. The Committee notes these indications and hopes the Government will provide a copy of the revised Shipping Act and any amendments to the Tackle Regulations.

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1. With reference to its previous comments, the Committee notes from the Government's report that the Tackle Regulations, which give effect to certain provisions of the Convention, have not been completed but should be promulgated in 1998. The Committee would be grateful if the Government would provide a copy of this text when it has been adopted.

2. Referring to the Government's last report, the Committee notes that the Convention is applied through the Port State Control Programme for foreign ships, and through the Steamship Inspection Programme and Occupational Safety and Health Inspection Programme for domestic ships. The Committee requests the Government to provide information on these programmes.

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The Committee notes that, according to the Government's report, the Tackle Regulations which give effect to certain provisions of the Convention are currently being revised and will be amended in 1993.

The Committee requests the Government to supply the text of the new provisions when they have been adopted.