CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

The Committee notes the Government’s report and the communication of the Canadian Labour Congress (CLC) dated 13 September 2010.

Articles 3(d) and 4(1) and (3) of the Convention. Determination and periodical examination of the types of hazardous work. 1. Federal legislation. The Committee previously noted that the Canadian Labour Standards Regulations establish the age of admission to certain types of hazardous work (section 10(1)(b)(i), (ii) and (iii)) and to hazardous work in general (section 10(1)(b)(v)) at 17 years of age, pursuant to section 179 of the Canada Labour Code, Part III. However, the Committee noted that the Government began, in 2004, a comprehensive review of Part III of the Canada Labour Code through the Federal Labour Standards Review Commission (the Review Commission), with a view to modernizing federal labour standards. The Review Commission’s final report (of October 2006) recommended that Part III provisions banning employment of young people in dangerous work be brought in line with the Convention, thereby banning dangerous work for workers under 18 years of age in a federally regulated industry. The Government indicated that it had not yet taken a position on the Review Commission’s recommendations, and that these recommendations were under discussion with various stakeholders.

The Committee notes the Government’s statement that it continued to consult with various stakeholders in 2009 to fully assess the impact of the recommendations of the Review Commission, framing these consultations around a technical discussion paper focusing on the practical implications of the recommendations. Groups and individuals have been invited to make submissions, and the Government indicates that it is considering its next steps. Observing that the review of Part III of the Canada Labour Code has been ongoing since 2004, the Committee once again urges the Government to take immediate measures to ensure that the age for admission for hazardous work in federally regulated enterprises be raised to 18 years in the very near future (pursuant to the Review Commission’s recommendation). It requests the Government to provide information on the progress made in this regard.

2. Provincial legislation. The Committee previously noted that, in some provinces, persons of 16 years are allowed to perform certain types of hazardous work, such as night work, work in mines, construction, metal processing, confined spaces, forestry operations, power line construction and maintenance, etc. This included the provinces of British Columbia (where, pursuant to section 6.77 of the Occupational Health and Safety Regulations, persons under 16 cannot mix, load or apply a moderately or very toxic pesticide for use in a workplace), Newfoundland and Labrador (where pursuant to sections 45 and 46(b)(vi) of the Labour Standards Act, a person under 16 cannot work in occupations that are prescribed as hazardous occupations or undertakings), Nova Scotia (where pursuant to section 5 of the Metalliferous Mines and Quarries Regulation Act, 1989, no child under the age of 16 years can be employed on or about a mine) and Prince Edward Island (where pursuant to section 4 of the Youth Employment Act, no employer shall employ a person under 16 years in employment that is or is likely to be harmful to the health or safety or morals or physical development of the young person). The Committee requested the Government to provide information on the measures taken by these provinces to prohibit children under 18 years of age from engaging in clearly hazardous work such as night work, work in mines, power line construction and maintenance and meat processing.

The Committee notes that the CLC, in its communication dated 13 September 2010, urges the Government and the provinces to proceed, as quickly as possible, towards establishing a list prohibiting specific forms of dangerous work to children, as provided in Article 4(1) of the Convention.

The Committee notes the information provided in the Government’s report regarding the measures taken in the Provinces of Alberta, Manitoba, New Brunswick, Nova Scotia, Ontario, and the territory of Nunavut. It also notes the Government’s statement that hazardous work and night work are regulated in all jurisdictions. The Government also indicates that employment as a power line technician, and many other technical and trade jobs require completion of high school and a three- to four-year apprenticeship programme, making this work inaccessible to persons under 18. The Government further indicates that in most Canadian jurisdictions, the employment of children under 18 years of age in underground mines is prohibited. However, the Committee once again notes an absence of information on this point in the Government’s report regarding British Columbia, Newfoundland and Labrador and Prince Edward Island. Moreover, the Committee notes the information in the Government’s report that, for the territory of Nunavut, the Labour Standards Act prohibits employing children under 17 years in work that is detrimental to the health, education or moral character of the young person.

The Committee observes that, while the vast majority of provinces and territories have taken measures (legislative or otherwise) to prohibit the performance of certain types of hazardous work (such as employment in technical and trade jobs) by person under 18, it appears that the performance of certain types of hazardous work is permitted from the age of 16 in British Columbia, Newfoundland and Labrador and Prince Edward Island, and from the age of 17 in Nunavut. The Committee recalls that, pursuant to Article 3(d) of the Convention, the Government shall take the necessary measures to ensure that persons under 18 years do not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly requests the Government to provide information on the measures taken or envisaged in the provinces of British Columbia, Newfoundland and Labrador and Prince Edward Island and in the territory of Nunavut to prohibit children under 18 years from engaging in clearly hazardous work, in conformity with Article 3(d) of the Convention.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Canadian strategy against commercial sexual exploitation of children and youth. In its previous comments, the Committee noted the implementation of the Canadian strategy against commercial sexual exploitation of children and youth (CESCY Strategy) 1996–2001 and the Provincial strategy to protect children from sexual exploitation on the Internet in Ontario. The Committee notes the information in the Government’s report that on 10 February 2009, the Government announced a renewal and expansion of the CESCY Strategy, with a total of 71 million Canadian dollars committed over a five-year period. This funding will support various initiatives, including research on child sexual exploitation and human trafficking and the reporting of cases through a website. The Committee also notes the information in the Government’s report concerning the activities of the Royal Canadian Mounted Police’s (RCMP) National Child Exploitation Coordination Centre (NCECC), created in 2004 with a mandate to reduce the victimization of children to online sexual exploitation. The NCECC works with a number of child sexual exploitation units and manages “Canada’s child exploitation tracking system”, which is a law enforcement tool for intelligence sharing, investigative support, coordination between units and victim identification. The Government states that, in March 2009, the NCECC coordinated (with the assistance of over 35 police departments) an investigation into child sexual victimization on the Internet, resulting in 50 arrests on charges which included the making and distribution of child pornography. The Committee further notes the information in the Government’s report that in 2008, the Department of Public Safety established a dedicated contribution programme specifically to support research, projects and initiatives aimed at combating child sexual exploitation and human trafficking. The Committee requests the Government to continue to provide information on the activities of the NCECC, particularly with the regard to the number of child victims of trafficking and commercial sexual exploitation reached through its initiatives. It also requests the Government to provide a copy of the renewed and expanded CESCY strategy with its next report and to provide information on the impact of the measures taken within this framework.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for removal of children from the worst forms of child labour. 
1. Child victims of trafficking. The Committee previously noted the creation of “Immigration Guidelines” to enable victims of trafficking to obtain temporary resident permits, which permits access to the “Interim Federal Health Programme”. The Committee notes the Government’s indication that temporary resident permits were issued to 43 victims of trafficking between May 2006 and December 2009. The Government also indicates that Citizenship and Immigration Canada’s operational manual for protected persons was updated in 2008 to include new guidelines on vulnerable persons and minors, to ensure that child victims of trafficking remain safe and separated from the control of possible traffickers. The Government further indicates that Citizenship and Immigration Canada has developed guidelines for officers to help identify victims of human trafficking. The Committee also notes the information in the Government’s report that the RCMP’s Human Trafficking National Coordination Centre has, since 2008, led national human trafficking workshops for 28,500 law enforcement, border, immigration and justice officials, as well as members of non-governmental organizations. Trafficking in persons training was also given to RCMP members and new recruits, including training on the identification of potential victims. Regarding services for victims of trafficking, the Committee further notes the information in the 2009 UN Office on Drugs and Crime report entitled “Global Report on Trafficking in Persons” that provinces and territories administer legal aid and social services such as emergency financial assistance and housing to trafficking victims in need. However, the Committee notes the information in a report on trafficking in persons of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report), that the range of the services and scope of the services provided for trafficking victims varies by the province or territory. The Committee accordingly requests the Government to strengthen its efforts to ensure the provision of appropriate rehabilitation and social reintegration services to victims of trafficking under the age of 18 in all provinces, and to provide information on the number of child victims reached through these services.

2. Child victims of commercial sexual exploitation. The Committee previously noted that a wide range of measures had been taken, both at the federal and at the provincial and territorial levels, aimed at rehabilitating and integrating child victims of sexual exploitation. The Committee also noted the funding of eight child victims’ centres in Ontario and that the Provincial Strategy to Protect Children from Sexual Exploitation on the Internet also provides dedicated support for child victims.

The Committee notes the information in the Government’s report regarding various measures taken at the provincial level to reach child victims of commercial sexual exploitation. In this regard, the Committee notes the continuation of Ontario’s Provincial Strategy to Protect Children from Sexual Exploitation on the Internet, which approved 236 persons for counselling under the programme. The Committee also notes the implementation of phase two of the “Strategy focused on children exploited through prostitution in Manitoba”, which includes an initiative entitled “Routes out” that will create (or strengthen) eight exit programmes to support victims of exploitation. The Government also provides information on various measures to assist child victims of sexual abuse in Alberta and New Brunswick. The Committee requests the Government to pursue its efforts to provide for the removal, rehabilitation and social reintegration of child victims of commercial sexual exploitation. It once again requests the Government to provide information on the impact of the measures taken in this regard, particularly the number of victims of commercial sexual exploitation under 18 years who were reached by these rehabilitative and reintegration services.

Clause (d). Identifying and reaching out to children at special risk. Aboriginal children. The Committee previously noted the 2006 census information indicating that an estimated 34 per cent of the Aboriginal population had not completed high school. It noted several federal and provincial programmes and initiatives taken in order to protect Aboriginal children’s rights. It requested the Government to provide information on the number of children reached through these initiatives.

The Committee notes that the CLC, in its communication dated 13 September 2010, expresses the hope that the issue of the situation of Aboriginal people can be reviewed jointly, to provide a more integrated approach to resolving issues that are specific to this vulnerable group.

The Committee notes the information in the Government’s report that the provincial government of Nova Scotia signed the Mi’kmaq Education Agreement with the Mi’kmaw Kina’matnewey, which aims to improve educational opportunities for Mi’kmaw students in the province. In the province of Ontario, a strategy (entitled “Niigan Mosewak”) was developed by the Ontario provincial police in 2008 to address the overrepresentation of young Aboriginal persons within the justice system. The Ontario government has also implemented a project entitled “North of 50”, to reach disadvantaged Aboriginal youth in rural areas. The Committee further notes the statement in the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW) of 11 February 2010, submitted as a follow-up to the CEDAW’s concluding observation, that Aboriginal women and girls are among the most vulnerable members of Canadian society (CEDAW/C/CAN/CO/7/Add.1, paragraph 38). The Committee notes the statement in the Government’s report that, in Manitoba, Aboriginal children are overrepresented as victims of sexual exploitation, comprising 70 per cent of the victims in cases in the provinces. The Trafficking report also states that women and girls from aboriginal communities are more likely to be found in conditions of commercial sexual exploitation across the country. In this regard, the Government states in its report to CEDAW that Manitoba has created a Human Trafficking Response Team comprised of the RCMP and various provincial and community partners, which targets the trafficking of aboriginal women and girls for sexual exploitation (CEDAW/C/CAN/CO/7/Add.1, paragraph 55). Noting that children from minority groups are often victims of exploitation, which may take on very different forms, and are at risk of being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to protect at-risk aboriginal children from the worst forms of child labour. It requests the Committee to continue to provide information on the measures taken in relevant provinces, and on the results achieved, particularly with respect to increasing the school enrolment rates and reducing school drop-out rates of aboriginal children.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that the CLC communication calls on the Government to continue building its statistical information base and capacity so as to quantify issues and problems in Canada.

The Committee notes the detailed statistics in the Government’s report concerning cases of the commercial sexual exploitation of children. The Committee notes the steady growth of cases regarding child pornography (from 68 cases relating to the production or possession of child pornography for the purpose of publication in 2004–05 to 200 cases of this offence in 2008–09). The Committee also notes that the majority of the cases relating to child pornography are stayed or withdrawn, and that the conviction rate for the production or possession of child pornography for the purpose of publication was 35 per cent in 2007–08 and 25 per cent in 2008–09. In 2007–08, 55 persons were convicted for this offence, and 50 persons in 2009. The Committee also notes that in 2007–08, five persons were found guilty of living off the proceeds of prostitution of a person under the age of 18 (for a conviction rate of 16 per cent), and 18 persons were found guilty of soliciting a prostitute under the age of 18 (for a conviction rate of 26 per cent). In 2008–09, 11 persons were found guilty of living off the proceeds of prostitution of a person under the age of 18 (for a conviction rate of 22 per cent), and 21 persons were found guilty of soliciting a prostitute under the age of 18 (for a conviction rate of 25 per cent). The Committee further notes the information in the Government’s report that an estimated 400 children and youth are victimized in the visible sex trade on the streets of Winnipeg (the provincial capital of Manitoba) each year. With regard to trafficking, the Government states that accurate statistics on the magnitude and scope of this phenomenon in Canada are not available, though that a study was undertaken on the feasibility of national data collection. The Committee further notes that the RCMP released a document entitled “Human trafficking in Canada: A threat assessment” in September 2010. The Committee requests the Government to provide a copy of the RCMP’s “Human trafficking in Canada: A threat assessment”. The Committee also requests the Government to continue providing information, at federal, provincial and territorial levels, on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

Article 3(d) and Article 4, paragraphs 1 and 3, of the Convention. Determination and periodical examination of the types of hazardous work. 
1. Federal legislation. The Committee had previously noted that the Canadian Labour Standards Regulations establish the age of admission to certain types of hazardous work (section 10(1)(b)(i), (ii) and (iii)) and to hazardous work in general (section 10(1)(b)(v)) at 17 years of age, pursuant to section 179 of the Canada Labour Code, Part III, and not at 18 years of age as is required by Article 1 of the Convention read with Article 3(d).

The Committee notes the Government’s statement that a comprehensive review of Part III of the Canada Labour Code was undertaken in 2004 by the Federal Labour Standards Review Commission (the “Review Commission”) with a view to modernize federal labour standards. In its final report of October 2006, the Review Commission recommended that Part III provisions banning employment of young people in dangerous work be brought in line with the Convention, thereby banning dangerous work for workers under 18 years of age in a federally regulated industry. The Government indicates that it has not yet taken a position on the Review Commission’s recommendations, but that they are currently under consideration and being discussed with various stakeholders. The Committee urges the Government to take immediate measures to ensure that the Review Committee’s recommendation concerning the provisions of the Canada Labour Code on the employment of young people in dangerous work is acted upon so as to ensure that no person under 18 years of age is authorized to perform types of hazardous work in a federally regulated industry. It requests the Government to provide information on the progress made in this regard.

2. Provincial legislation. The Committee had previously noted that, in some provinces, persons of 16 years are allowed to perform certain types of hazardous work such as night work, work in mines, construction, metal processing, confined spaces, forestry operations, power line construction and maintenance, etc. It had noted the information contained in the Government’s report regarding the Provinces of Ontario, Quebec and Manitoba. The Committee further notes the information contained in the Government’s report concerning the Provinces of Nova Scotia and Saskatchewan. Regarding the Province of Nova Scotia, the Committee notes that the Labour Standards Code might be reviewed in the next few years, in which case modifications to the rules regarding the employment of children will be considered. Regarding the Province of Saskatchewan, the Committee notes the Government’s statement that the Province remains alert to its international obligations and that the issue of the minimum age for admission to certain types of hazardous work remains of significant interest. The Committee observes that no new information was supplied with regard to the Provinces of British Columbia, Newfoundland and Labrador and Prince Edward Island. It once again reminds the Government that, when determining the types of work referred to under Article 3(d) of the Convention, in accordance with Article 4, paragraph 1, the relevant international standards shall be taken into consideration, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which enumerates activities to which the Government should give special consideration when determining types of hazardous work. Expressing the hope that due consideration will be given to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), the Committee requests the Government to provide information on measures taken or contemplated by the provinces to comply with Article 1 of the Convention read with Article 3(d) to prohibit children under 18 years of age from engaging in clearly hazardous work such as night work, work in mines, power line construction and maintenance and meat processing.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Canadian Strategy Against Commercial Sexual Exploitation of Children and Youth. In its previous comments, the Committee had noted the detailed information contained in the fifth report of the Committee Against Commercial Sexual Exploitation of Children and Youth (the “CSECY Committee”) regarding the comprehensive array of measures of implementation of the Canadian Strategy Against Commercial Sexual Exploitation of Children and Youth 1996–2001 (the “Strategy”), aimed at preventing children from sexual exploitation at the federal, provincial and territorial levels. The Committee had also noted the measures of implementation of the Strategy adopted by Ontario, particularly the Provincial Strategy to Protect Children from Sexual Exploitation on the Internet (the “Ontario Strategy”).

The Committee notes the Government’s information that the Family Violence Prevention Unit (FVPU), recognizing that a history of child mistreatment and child sexual abuse increases vulnerability to sexual exploitation, contributes to the implementation of the Strategy through various measures. In particular, the FVPU participates as an observer to the CSECY Committee, the focus of which aims to examine ongoing programmes and activities across the country to eliminate and prevent the abuse of children and youth in the sex trade. With regard to Ontario, the Committee notes the Government’s information that, in its first year (2007–08), the Ontario Strategy was successful in that:

(a)   2,058 investigations were completed by the Victim Identification Team (VIT) (as opposed to 1,158 the previous year);

(b)   the VIT, between 1 April 2007 and 31 March 2008, identified 33 child victims of sexual exploitation in Ontario and assisted in the identification of 20 more child victims internationally;

(c)   783 charges were laid (as opposed to 484 the previous year);

(d)   271 individuals were charged (as opposed to 185 the previous year).

The Committee also notes the Government’s detailed information on the several measures taken by Ontario to build on these achievements and further its commitment to protecting children by taking action against child pornography, Internet luring and other forms of child sexual exploitation. The Committee encourages the Government to continue its efforts to eliminate the commercial sexual exploitation of children. It requests the Government to continue providing information on the progress made in this regard, in particular the number of convictions and details of the penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for removal of children from the worst forms of child labour. 
1. Child victims of trafficking. The Committee had previously noted the creation of “Immigration guidelines” to enable victims of trafficking to obtain temporary immigration status and access to the “Interim Federal Health Programme”. It notes the Government’s statement that it has also adopted the Regional Guidelines for Special Protection in Cases of Repatriation of Child Victims of Trafficking at the Vice-Ministerial Regional Consultation Meeting (RCM) on 26 April 2007. These guidelines are intended to foster cooperation between RCM member States on the issue of child trafficking and provide guidance on how to proceed when a child victim of trafficking is discovered. The Committee further notes the Government’s information that, in Ontario, 53 Children’s Aid Societies (CAS) are mandated to provide services to children who are in need of protection, including children who have been withdrawn from trafficking. Ontario has also implemented the Looking After Children (OnLAC) protocol for children that come into the care of a CAS to determine the needs of the children and provide services in order to facilitate their rehabilitation, where necessary. The Committee once again requests the Government to provide information on the number of children withdrawn from trafficking and then rehabilitated as a result of the implementation of these measures. It further requests the Government to continue providing information on any other effective and time-bound measures aimed at rehabilitating and integrating child victims of trafficking.

2. Child victims of commercial sexual exploitation. The Committee had previously noted that a wide range of measures had been taken, both at the federal and at the provincial and territorial levels, aimed at rehabilitating and integrating child victims of sexual exploitation (including foreign nationals). It notes the Government’s information that it continues to support a multifaceted response to combat child sexual exploitation, including community-based responses to prevent child sexual exploitation and to support children and youth who are at risk or who are escaping such exploitation. The Committee further notes that, in Ontario, eight child victims’ centres were funded and that the Ontario Strategy also provides dedicated support for child victims and families, referrals to appropriate community services and practical assistance. The Government indicates that, so far, the Ontario Strategy has resulted in the identification of over 200 child victims of sexual abuse and exploitation on the Internet in the province alone, and in the creation of a simple and accessible counselling programme for child and youth victims and their immediate family members. Furthermore, in the spring of 2007, the Government of Ontario has announced the creation of the Victim Quick Response Programme, to provide assistance to victims in need. The Committee requests the Government to provide concrete information on the number of children who were withdrawn from commercial sexual exploitation and rehabilitated pursuant to the application of these measures, in Ontario and the other provinces where applicable.

Clause (d). Identifying and reaching out to children at special risk. Aboriginal children. Following its previous comments, the Committee notes the Government’s information that, according to a 2006 census, an estimated 34 per cent of the aboriginal population had not completed high school. It notes the Government’s detailed information on the several programmes and initiatives, taken in order to protect aboriginal children’s rights, including the Aboriginal Head Start Urban and Northern Communities (AHSUNC) and the Aboriginal Head Start On-Reserve Program (AHSOR), both of which enhance child development and school readiness of First Nations, Métis and Inuit children living in urban centres and of First Nation children living in reserves, while ensuring integration with existing programmes for children. The Committee further notes that, in Newfoundland and Labrador, newly developed provincial social studies and religious education curricula ensure that young aboriginal persons in the province will have the opportunity to learn about their traditional culture while acquiring the skills necessary to survive in the global economy and pursue post-secondary education. The Committee also notes that, in Ontario, several measures were taken to build a stronger relationship with the aboriginal people and speed up the resolution of outstanding issues. In particular, the Committee observes that the Aboriginal Education Strategy, launched in January 2007, aims to help close the educational gap between aboriginal and non-aboriginal students, notably by establishing an Aboriginal Education Office to support the learning and achievement of aboriginal students. The Government also indicates that the Ministry of Children and Youth Services of Ontario funds Akwe:go Urban Aboriginal Children’s Program, which provides mental health and life skills support for at-risk urban aboriginal children aged 7–12 delivered through 25 Friendship Centres established across the province and administered by the Ontario Federation of Indian Friendship Centres. The Committee notes that 300 new childcare spaces for aboriginal children will be developed throughout Ontario. The Committee requests the Government to provide information on the impact of these measures on protecting aboriginal children from the worst forms of child labour and, more specifically, the number of children who were prevented from being engaged in these worst forms in Newfoundland and Labrador and in Ontario. It also requests the Government to provide information on the effective and time-bound measures taken to protect aboriginal children from the worst forms of child labour in the other provinces.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the comprehensive data relating to child prostitution and child pornography supplied in the Government’s report. According to Statistics Canada, there were 515 cases regarding child pornography in Canada in 2004–05, in which 238 defendants were convicted, 726 cases and 327 convictions in 2005–2006, and 757 cases and 339 convictions in 2006–07. The Committee also notes the Government’s report that, in February 2008, Ontario police arrested 22 people and laid 73 charges in the largest coordinated child pornography sweep in Ontarian history. Finally, the Committee notes that there were 178 cases and 67 convictions regarding child prostitution in Canada in 2004–05, 108 cases and 45 convictions in 2005–06, and 171 cases and 47 convictions in 2006–07. The Committee requests the Government to continue providing information, at federal, provincial and territorial levels, on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

CMNT_TITLE

The Committee notes the Government’s report.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes the Government’s information that, in November 2005, the Criminal Code was amended to create three new indictable offences, specifically prohibiting trafficking in persons. The Committee notes with interest that these amendments provide for more effective prohibitions against the trafficking of children.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes with interest the Government’s information that following the reform of 2005 to the Criminal Code, the definition of “child pornography” was broadened, thereby extending the reach of the prohibition against the use, procuring or offering of persons under 18 for pornography.

Article 3(d) and Article 4, paragraphs 1 and 3. Determination and periodical examination of the types of hazardous work. 1. Federal Legislation. The Committee had previously noted that the Canadian Labour Standards Regulations establish the age of admission to certain types of hazardous work (section 10(1)(b)(i), (ii) and (iii)) and to hazardous work in general (section 10(1)(b)(v)) at 17 years of age. It had requested the Government to indicate the measures taken or envisaged to prohibit work that is likely to harm the health, safety morals or morals of persons under 18 years of age as is required by Article 1 of the Convention read with Article 3(d). Noting the absence of information on this point, the Committee reminds the Government that, under Article 1 of the Convention, a government which ratifies the Convention shall take immediate and effective measures to secure the prohibition of hazardous work for children under 18 as a matter of urgency. Accordingly, the Committee requests the Government to provide information on the measures taken or envisaged to bring the relevant provisions of the Labour Standards Regulations into line with the Convention in order to ensure that no person under 18 years of age is authorized to perform types of hazardous work, in accordance with Article 3(d) of the Convention.

2. Provincial legislation. The Committee had previously noted that, in some provinces, persons of 16 years are allowed to perform certain types of hazardous work such as night work, work in mines, construction, metal processing, confined spaces, forestry operations, power line construction and maintenance, etc. The Committee notes the information contained in the Government’s report regarding the Provinces of Ontario, Quebec and Manitoba. Regarding the Province of Ontario, it notes that the Occupational Health and Safety Act (OHSA) has determined the minimum ages based on the types of work or workplaces with higher age requirements for occupations considered to pose a high degree of risk to a young person’s health and well-being. It notes with interest that there are increased protections against hazards associated with confined spaces, transport and municipal services. Regarding the Province of Quebec, the Committee notes the Government’s information that the types of hazardous work prohibited to persons under 18 years have been determined in consultation with the employers’ and workers’ organizations. A revision of the types of hazardous work so determined has not yet been considered necessary. Finally, with regard to the Province of Manitoba, the Committee notes the information contained in the Government’s report that the Labour-Management Review Committee, composed of workers’ and employers’ representatives has reviewed the “Employment Standards Code” and made a number of recommendations including specific restrictions on the employment of young workers in certain high risk industries and in night work. The Committee notes that the Government has not supplied the information requested in respect of the other provinces. It once again requests the Government to inform it of measures taken or contemplated by the provinces to comply with Article 1 of the Convention read with Article 3(d) to prohibit children under 18 from engaging in clearly hazardous work such as night work, work in mines, power line construction and maintenance and meat processing.

Article 5. Monitoring mechanisms. 1. Federal level. The Committee notes the Government’s information that the Interdepartmental Working Group on Trafficking in Persons coordinates federal efforts to address trafficking in persons. It also notes the Government’s information that the Royal Canadian Mounted Police’s (RCMP) Human Trafficking National Coordination Centre has been established in order to work with domestic and international agencies to exchange information, monitor investigations from a national perspective, facilitate the central processing of requests from international law enforcement agencies, provide an intelligence feedback to domestic law enforcement, and contribute to data collection.

2. Provincial level. Ontario. The Committee notes the information contained in the Government’s report on the monitoring mechanisms in the province of Ontario. In particular, it notes that the Ministry of Labour will have hired 200 new inspectors by the end of 2006 and that inspectors have been directed to focus on sections of the OHSA that oblige employers to give young and new workers the information, instruction and supervision required to work safely. It takes note of the detailed information provided with regard to the number of: field visits; inspections; investigations; consultations; orders; complaints and prosecutions which took place from June 2004 to May 2006.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Canadian Strategy Against Commercial Sexual Exploitation of Children and Youth. In its previous comments, the Committee had requested the Government to provide information regarding the results attained through the implementation of the “Canadian Strategy Against Commercial Sexual Exploitation of Children and Youth 1996-2001” (“the Strategy”). The Committee notes the detailed information contained in the fifth report of the Committee Against Commercial Sexual Exploitation of Children and Youth regarding the comprehensive array of measures of implementation of the Strategy adopted at both the federal and provincial and territorial levels. The Committee notes that the measures implementing the Strategy involve government departments, law enforcement authorities, NGOs, community organizations, universities, researchers, and civil society. Such measures are aimed at: (a) preventing children from sexual exploitation mainly through: (i) promoting their awareness of sexual exploitation issues, including cyber crimes: (ii) implementing and publicizing relevant laws; and (iii) training officers on relevant issues (examples of these measures are: deal.org website hosted by the RCMP; the National Strategy to Protect Children Against Sexual Exploitation on the Internet and its Cybertip.ca hotline); (b) protecting children from commercial sexual exploitation, mainly through: (i) criminalizing and penalizing those who sexually exploit children; (ii) initiating specialized law enforcement units; (iii) rescuing child victims; (c) rehabilitating and integrating child victims (including foreign nationals); (d) improving information to understand the factors that make children vulnerable to sexual exploitation; (e) promoting alliances among international, regional and national communities, and civil society. The Committee also notes that some of the measures implemented under the Strategy, both at the federal and provincial and territorial levels, specifically target girls and that others target street-involved and at-risk youth, including aboriginal youth.

The Committee further takes note of the information contained in the Government’s report on the measures of implementation of the Strategy adopted by Ontario, particularly the “Provincial Strategy to Protect Children from Sexual Exploitation on the Internet”, developed by the Steering Committee formed by the Ontario Provincial Police (OPP) and the Ontario Association of Chiefs of Police (OACP). As a part of this Strategy, the Attorney-General has established the Task Force on Internet Crimes Against Kids, to provide police and crown prosecutors with tools and funds to improve investigations and prosecutions of Internet-based crimes. The Committee takes particular note of the development of an educational software package aimed at raising the awareness of children and their parents on the issue of protection against Internet crimes and of the purchase of a software programme designed to target and monitor chat rooms, creating an archive that the police believe will become a valuable tool for finding predators.

The Committee takes due note of this information and requests the Government to continue providing information on the implementation of the Canadian Strategy Against Commercial Sexual Exploitation of Children and Youth at federal, provincial and territorial levels, and results attained, including any relevant impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes with interest the Government’s information that the 2005 reforms to the Criminal Code increased the penalties available for those convicted of child prostitution related offences. The penalty for a person convicted of living off the proceeds of child prostitution, is a maximum of 14 years’ imprisonment and a mandatory minimum of two years’ imprisonment.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for removal of children from the worst forms of child labour. 1. Child victims of trafficking. The Committee notes the Government’s information that Canada pursues its efforts to combat trafficking in persons through preventing trafficking, protecting the victims, and prosecuting the offenders. The creation of the “Immigration guidelines” enables victims of trafficking to obtain temporary immigration status and access to the “Interim federal Health Programme”. This programme provides for temporary emergency and essential services for the treatment and prevention of serious medical conditions and the treatment of emergency dental conditions. The Committee also notes the Government’s information that research is being conducted to identify the needs of the victims of trafficking and to develop community services to address these needs. The Committee requests the Government to continue providing information on the effective measures aimed at rehabilitating and integrating child victims of trafficking as well as on the number of children withdrawn from trafficking pursuant to such measures. 

2. Child victims of sexual exploitation. Following its previous comments, the Committee notes that, in the framework of the implementation of the Strategy, a wide range of measures have been taken, both at the federal and at the provincial and territorial levels aimed at rehabilitating and integrating child victims of sexual exploitation (including foreign nationals). These measures provide child victims of sexual exploitation with legal, socio-medical and psychological counselling and alternative means of livelihood. The Committee notes the Government’s information that the Ministry of Community and Youth Services (MCYS) of Ontario is responsible for programmes for children with special needs. Notwithstanding this, the Ministry does not fund a specific system of services of children who have been sexually exploited, services are provided in various communities across the provinces, such as victims/witness assistance programmes and youth shelters. The Committee requests the Government to continue providing information on the measures implementing the Canadian Strategy Against Commercial Sexual Exploitation of Children and Youth aimed at rehabilitating and integrating child victims of sexual exploitation. It also requests the Government to provide information on the number of children who have been withdrawn from commercial sexual exploitation pursuant to these measures.

Clause (d). Identifying and reaching out to children at special risk. Children living in the street and aboriginal children. Following its previous comments, the Committee notes that some of the measures implemented under the Strategy specifically target street-involved and at-risk youth, including aboriginal youth (ex. Cedar Project in British Columbia; Project Hope for street involved-youth and youth involved in the sex trade). It also notes the Government’s information that the National Action Plan “A Canada Fit for Children” addresses the situation of children at special risk, in particular aboriginal children. In particular, the National Action Plan envisages measures to improve the situation of aboriginal children, through addressing the gap in life chances and health status between aboriginal and non-aboriginal children, strengthening preventative measures to curb the number of aboriginal children coming into the child welfare system, and working with provinces and territories, aboriginal leaders, and communities to improve education outcomes for these children. The Committee requests the Government to continue providing information on the effective and time-bound measures taken or envisaged, under the Strategy, the National Action Plan “A Canada Fit for Children” and other programmes, to protect children living in the street, especially aboriginal children, from the worst forms of child labour. In particular, it requests the Government to provide information on the measures aimed at increasing access to education of aboriginal children. It also requests it to provide statistical information on the school attendance and dropout rates of aboriginal children.

Part V of the report form. Following its previous comments, the Committee notes the Government’s information that that a review of reported case law from March 2004 to February 2006 identified 24 trafficking-related convictions. The Committee also notes the comprehensive data on the number of criminal proceedings regarding child prostitution and child pornography from 1998 to 2004 included in the Adult Criminal Court Survey. According to this information, in 2003-2004 there were 291 appearances in Canadian adult courts for child prostitution and 218 for child pornography offences. Conviction rates for child pornography offences have increased from 41 per cent in 1999 to 60 per cent in 2001 and have remained relatively stable since that point. It also notes the Government’s information that, according to results of inspections, there is no evidence of children being employed in hazardous work. The Committee notes the information provided in the Government’s report with regard to the fines imposed in the province of Ontario under the OHSA. The Committee requests the Government to continue providing information, at federal, provincial and territorial levels, on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

CMNT_TITLE

The Committee notes the Government’s first and second reports.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that the Government has taken several steps to combat trafficking in persons including: the development of a comprehensive federal anti-trafficking strategy; a review of the Criminal Code to address the specific offence of trafficking; a new Royal Canadian Mounted Police task force to coordinate both domestic and internal investigations; and collaboration with international counterparts to enhance existing legislative tools to combat human trafficking across national borders and address the root causes of the problem in the countries of origin. The Committee requests the Government to provide information on the impact of the abovementioned measures in securing the prohibition and elimination of trafficking in children both for sexual and labour exploitation.

Article 3. Worst forms of child labour. Clause (a). 1. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Government indicates that the worst forms of child labour such as dept bondage, serfdom, and forced and compulsory labour are not known to exist in Canada. It also indicates that the Immigration and Refugee Protection Act, 2001, and the Criminal Code prohibit forced labour. Moreover, in its 2003 annual report under the follow-up to the Declaration, the Government indicated that there are no definitions of forced or compulsory labour in national legislation or judicial decisions, but that all forms of forced or compulsory labour are prohibited, and such practices, if they were to occur, could be subject to prosecution under the Criminal Code.

2. Sale and trafficking of children. The Committee notes that under the terms of section 212(1)(g) of the Criminal Code, it is an offence to procure a person to enter or leave Canada, for the purpose of prostitution. The Committee also notes that according to section 118(1) of the Immigration and Refugee Protection Act, 2001, "no person shall knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion". Section 118(2) defines the word "organize", with respect to persons, as "their recruitment or transportation and after their entry into Canada, the receipt or harbouring of those people". Moreover, section 121(1) of the Act lays down that the court, in determining the penalty to be imposed for contravening section 118, shall take into account whether: (i) the commission of the offence was for profit, whether or not any profit was realized (paragraph (c)); and (ii) a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of the offence (paragraph (d)).

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s statement that there is no forced recruitment of children for military service and that the Canadian Forces are not permitted to deploy persons under 18 to a "theatre of hostilities". It also notes that pursuant to section 20(3) of the National Defence Act, a person under the age of 18 years shall not be enrolled without the consent of one of the parents or the guardian of that person.

Clause (b) 1. Use, procuring or offering of a child for prostitution. The Committee notes that according to section 212(1)(d) of the Criminal Code, it is an offence to procure or attempt to procure a person to become a prostitute, whether in or out of Canada. It also notes that section 212(2) of the Code provides for an offence for every person who lives wholly or in part on the avails of prostitution of a person less than 18 years. Moreover, under the terms of section 212(2.1) of the Criminal Code, it is an offence if a person who lives wholly or in part on the avails of prostitution of another person under the age of 18 years, and for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally (paragraph (a)); and uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age (paragraph (b)). Section 212(4) of the Criminal Code provides for an offence for every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of 18 years. Finally, according to section 7(4.1) of the Criminal Code, Canadian citizens or permanent residents who sexually abuse children and/or use child prostitutes whilst travelling, can be prosecuted for a number of sexual offences under the Criminal Code.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that under section 163.1 of the Criminal Code, "child pornography" means a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, that shows a person who is or is depicted as being under the age of 18 years and is engaged in or is depicted as engaged in explicit sexual activity (subsection (1)(a)(i)); or any written material or visual representation that advocates or counsels sexual activity with a person under the age of 18 years (subsection (1)(b)). Subsection (2) of section 163.1 makes it an offence for any person to make, print, publish or possess for the purpose of publication any child pornography. Moreover, subsection (3) of section 163.1 makes it an offence for any person to transmit, make available, distribute, sell, import, export or possess for the purpose of transmission, making available, distribution, sale or exportation any child pornography.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that by virtue of section 10(2)(c) of the Controlled Drug and Substances Act, 1996, as amended, the use of the services of a person under the age of 18 years to commit, or the involvement of such a person in the commission of, a designated substance offence, is considered to constitute a relevant aggravating factor during the sentencing of a person convicted of a designed substance offence. According to section 2 of the Controlled Drug and Substances Act, a "designated substance offence" means an offence under Part I which includes the trafficking in substances (section 5), the importing and exporting of substances (section 6), and the production of substances (section 7).

Article 3(d) and Article 4, paragraphs 1 and 3. Determination and periodical examination of the types of hazardous work. 1. Federal legislation. According to section 10(1)(b) of the Canadian Labour Standards Regulations, an employer may employ a person under the age of 17 years in any office or plant, in any transportation, communication, maintenance or repair service, or in any construction work or other employment in a federal work, undertaking or business if the work in which he is to be employed: (i) is not carried on underground in a mine; (ii) would not cause him to be employed in or enter a place that he is prohibited from entering under the Explosives Regulations; (iii) is not working as a nuclear energy worker as defined in the Nuclear Safety and Control Act; and (v) is not likely to be injurious to his health or to endanger his safety. By virtue of subsection (2) of section 10 of the Regulations, an employer may not cause or permit an employee under the age of 17 years to work between 11 p.m. on one day and 6 a.m. on the following day. The Committee also notes that section 273(3) of the Canada Shipping (R.S. 1985, C.S-9) Act prohibits the employment of a person less than 18 years of age as a trimmer or stoker in any vessel.

The Committee observes that the provisions mentioned above establish the age of admission to certain types of hazardous work (section 10(1)(b)(i), (ii) and (iii) of the Canadian Labour Standards Regulations) and to hazardous work in general (section 10(1)(b)(v) of the Canadian Labour Standards Regulations) at 17 years of age. It reminds the Government that according to 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 or morals of children under 18 years of age is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, a Government which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that work that is likely to harm the health, safety morals or morals of persons under 18 years of age is prohibited.

2. Provincial legislation. Alberta. Under section 12(1)(c)(i) of the Explosives Safety Regulations, a worker who handles, prepares or fires an explosive must hold a valid permit (to obtain a permit an individual must be at least 18 years old - section 12(1)(c)(i)). Section 53(1) of the Employment Standards Regulation prohibits the employment of any young person (an individual of 15 years old or older but under 18 years old - section 51) from 9 p.m. until 12 a.m. upon the premises of certain retail businesses, such as those serving food and beverages or the sale of gasoline products, unless accompanied by a person 18 years or older. In relation to any other unspecified employment of a young person between the hours of 12 a.m. to the following 6 a.m., the young person’s parent or guardian must consent to such employment and the young person must be accompanied by a person 18 years or more. Moreover, according to section 74(2) of the Gaming and Liquor Act, 2000, no minor (under 18) may enter or be in any licensed premises if the licence prohibits minors from entering into or being in the licensed premises.

British Colombia. According to section 35 of the Liquor Distribution Act, a minor (under 19) is not permitted to enter or be on premises where liquor is sold or kept for sale. By virtue of section 21.8 of the Occupational Health and Safety Regulations, a person under 18 cannot work as a blaster, and under section 3.2.1 of the Health, Safety and Reclamation Code for Mines, no person under 18 may be employed at a mine. Moreover, section 6.77 of the Occupational Health and Safety Regulations, lays down that a person under 16 cannot be employed to mix, load or apply a moderately or very toxic pesticide for use in a workplace.

Manitoba. Under sections 5, 169(1) and 244 of the Operation of Mines Regulations, a person under 18 cannot be employed underground or at the face of an open pit or quarry, nor can they operate a mine hoist or crane. By virtue of section 7 of the X-Ray Safety Regulations, a person under the age of 18 cannot operate X-ray equipment. According to section 72(6) and section 91 of the Liquor Control Act, no person under 18 is permitted to be in a licensed beverage room when liquor may be sold or consumed therein, nor can they sell, handle or serve liquor in a licensed premise.

New Brunswick. By virtue of section 239(1) of the Underground Mine Regulation, 1996, a person must have attained the age of 19 years in order to operate a hoist. According to section 137.1(1) and (2) of the Liquor Control Act, no person under the age of 19 may give, serve, sell or supply liquor to any person in licensed premises, and no holder of a license or permit may employ or permit any person under the age of 19 to do so. Under section 4(1) of the X-Ray Equipment Regulation, a person under 18 years cannot be employed as an X-ray radiation worker. Finally, section 15(1) of the Education Act, 1997, requires school attendance between the ages of five and 18 years of age, and section 17 of the same Act prohibits the employment of school-aged persons during school hours.

Newfoundland and Labrador. According to section 58 of the Liquor Control Act, a person who has not reached the age of 19 cannot enter or work in a licensed premise, except as permitted by regulations. By virtue of section 26(11) of the Occupational Health and Safety Regulations, a person under 18 years of age cannot be employed in a silica process, nor in cleaning or maintenance work, likely to involve exposure to silica dust. According to section 5 of the Mines Safety Workers Regulations, a person under 18 years of age cannot be employed underground or in a mine. Moreover, by virtue of section 12(1) of the Radiation Health and Safety Regulations, a person cannot be employed as a radiation worker unless they have attained the age of 18 years. Finally, under section 46(b)(iv) and (vi) of the Labour Standards Act, an employer cannot employ a child (a person under the age of 16 years - section 45) to work: between the hours of 10 p.m. of one day and 7 a.m. of the following day; and in occupations that are prescribed as hazardous occupations or undertakings.

Nova Scotia. By virtue of section 2(a)(i) of the General Blasting Regulations, 1990, a blasting trainee must be 19 years of age. Under section 14(b) of the Liquor Licensing Regulations, 2002, the holder of a licence may not personally or through any employee or agent allow or employ a person under the age of 19 in or about licensed premises. According to section 127 of the Coal Mining Regulation Act, 1989, no child under 18 years of age can be employed underground in any mine. Moreover, under section 5 of the Metalliferous Mines and Quarries Regulation Act, 1989, no child under the age of 16 years can be employed on or about a mine.

Nunavut and Northwest Territories. According to section 8 of the Asbestos Safety Regulations, 1992, a minor (under the age of 19 years) cannot be employed unless an asbestos process is conducted under constant supervision and the process has been inspected and approved by a safety officer. By virtue of section 9 of the Silica Sandblasting Safety Regulations, 1992, a minor cannot be employed unless a silica process is conducted under constant supervision and the process has been inspected and approved by a safety officer. Under section 8.01 of the Mine Health and Safety Regulations, 1995, no person under the age of 18 can be employed underground or at the working face of any open cut workings, pit or quarry. Finally, section 8.01 of the Mine Health and Safety Regulations, 1995, lays down that no person under the age of 16 years can be employed in or about a mine.

Ontario. Under section 41(2) of the Licenses to Sell Liquor Regulation, 1990, if a condition of the liquor sales licence prohibits the entry of persons under 19 years at the premises to which the licence applies, the licence holder must ensure that no one under the age is admitted. Section 4 of the Oil and Gas-Offshore Regulation, 1990, and section 8 of the Window Cleaning Regulation, 1990, respectively, both set a minimum age of a worker at 18. According to sections 8(c) and (d) of the Mines and Mining Plants Regulation, 1990, the minimum ages for the employment or presence of a person in or about a mining plant are 16 years at a mining plant or a surface mine, excluding the working face, and 18 years at an underground mine or at the working face of an underground mine. Section 16 of the Construction Projects Regulation, 1991, sets a minimum age of 16 for the employment or presence in a workplace.

Prince Edward Island. Under section 40(3) of the Liquor Control Act, the holder of a licence may not permit any person under the age of 19 to enter, be in, or remain in the licensed premises, except as may be provided by the Act or the regulations. According to section 4 of the Youth Employment Act, no employer shall employ a young person (a person under 16 years) in employment that is or is likely to be harmful to the health or safety or morals or physical development of the young person. Finally, section 50.4 of the Occupational Health and Safety Act, requires that all traffic signallers be over the age of 16 years.

Quebec. Section 33 of the Concrete Pumps and Distribution Masts Regulation sets a minimum age of 18 years for the maintenance of distribution masts. Section 295 of the Occupational Health and Safety Regulation provides for a minimum age of 18 years for work involving explosives. The Safety of Building Work Code lays down a minimum age of 18 for the following types of work: work involving a lift (section 2.15.10); work involving a scaffolding flying (section 3.9.16); work involving a slewing rim (section 3.9.17); work in excavations and trenching (section 3.15.10); work underwater (section 3.17); demolition work (section 3.18.1(12)); shot firer (section 4.2.3); operation of a sealing low velocity gun (section 7.2.2); work underground, at the coal-face in surface mining or at the operating of hoisting and shifting objects (section 8.13.1); and work with compressed air (section 9.1.18). Moreover, under section 86 of the Act respecting liquor permits, a licence must be revoked or suspended if the permit holder has been convicted of an offence for having employed a minor (under 18 years) or for having allowed a minor to be present or participate in a show, in a room or on a terrace of his/her establishment where alcoholic beverages may be sold. Finally, section 26(1) and (2) of the Regulation respecting Occupational Health and Safety in Mines sets the following minimum ages: 18 years for work in underground mines, and 16 years for work in an open-cast mine, in a factory concentration, and a working space.

Saskatchewan. According to section 442.00(1)(c) of the Mines Regulation, 1978, the minimum age of 19 years is specified for the operation of a hoist. Under section 113(1)(a) of the Alcohol and Gaming Regulation Act, no person who is a minor (a person who is under 19 years of age - section 2) shall act in any way in the sale, handling or serving of beverage alcohol in or about a permitted premises or any place covered by a permit issued for the sale and consumption of beverage alcohol at a special occasion. Section 14 of the Occupational Health and Safety Regulations, 1996, sets a minimum age of 18 for the following types of work: (a) underground or in an open pit at a mine; (b) as a radiation worker; (c) in an asbestos process; (d) in a silica process; (e) use of an atmosphere-supplying respirator (subsection 2); and a minimum age of 16 for the following types of work: (a) construction; (b) production process at a pulp mill, sawmill or woodworking establishment; (c) production process at a smelter, foundry, refinery or metal processing or fabricating operation; (d) in a confined space; (e) in a production process in a meat, fish or poultry processing plant; (f) in a forestry or logging operation; (g) on a drilling or servicing rig; (h) as an operator of powered mobile equipment, a crane or a hoist; (i) where exposure to a chemical or biological substance is likely to endanger the health, safety of the person; and (j) in a power line construction or maintenance (subsection 1).

Yukon. Section 18(1)(b) of the Blasting Regulations sets a minimum age of 18 years for the transportation of explosives material. Section 14(1) of the Mine Safety Regulations sets a minimum age of 18 years for an underground mine or at the working face of a surface mine.

The Committee observes that the provisions mentioned above establish the age of admission to hazardous work in general and certain types of hazardous work at 18 years of age. It notes however that persons of 16 years are allowed to perform, inter alia, the following activities:

-  mix, load or apply a moderately or very toxic pesticide for use in a workplace in British Colombia (section 6.77 of the Occupational Health and Safety Regulations);

-  perform night work and work in occupations that are prescribed as hazardous occupations or undertakings in Newfoundland and Labrador (section 46(b)(iv) and (vi) of the Labour Standards Act);

-  work on or about a mine in Nova Scotia (section 5 of the Metalliferous Mines and Quarries Regulation Act);

-  work in or about a mine in Nunavut and Northwest Territories (section 8.01 of the Mine Health and Safety Regulations);

-  work in or about a mining plant or a surface mine (section 8(c) of the Mines and Mining Plants Regulation), or be in employment or present in a workplace in construction in Ontario (section 16 of the Construction Projects Regulation);

-  work in employment that is likely to be harmful to the health or safety or morals or physical development of the young person (section 4 of the Youth Employment Act), or to work as a traffic signaller in Prince Edward Island (section 50.4 of the Occupational Health and Safety Act);

-  work in an open-cast mine, a factory concentration, and a working space in Quebec (section 26(1) of the Occupational Health and Safety in Mines Regulation); and

-  work in construction, production process at a pulp mill, sawmill or woodworking establishment, production process at a smelter, foundry, refinery or metal processing or fabricating operation, in a confined space; (e) in a production process in a meat, fish or poultry processing plant; (f) in a forestry or logging operation, on a drilling or servicing rig, as an operator of powered mobile equipment, a crane or a hoist, where exposure to a chemical or biological substance is likely to endanger the health, safety of the person, and in a power line construction or maintenance in Saskatchewan (section 14 of the Occupational Health and Safety Regulations).

The Committee reminds the Government that, in accordance with Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which enumerates activities to which the Government should give special consideration when determining types of hazardous work. The Committee requests the Government to indicate whether consideration has been given to the activities enumerated in Paragraph 3 of Recommendation No. 190 in determining the types of work enumerated in the preceding paragraph which young persons of 16 years and above are allowed to perform in the relevant provinces. Finally, the Committee observes that the lists of the types of work determined to be hazardous were adopted before the ratification of the Convention. It requests the Government to provide information on any measures taken or envisaged to review as necessary the lists of types of work determined as hazardous, as well as on consultations held on the matter with the organizations of employers and workers concerned.

Article 4, paragraph 2. Identification of types of hazardous work. The Committee notes the Government’s indication that it has invited the most representative workers’ and employers’ organizations to provide their views on the types of hazardous work. Labour standards and occupational safety and health legislation in all jurisdictions are generally developed in consultation with workers’ and employers’ organizations. The Committee draws the attention of the Government to Article 4, paragraph 2, of the Convention, which provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. It requests the Government to provide information on measures taken or envisaged to identify where the types of work so determined exist, and to communicate the results of the findings.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that each jurisdiction has mechanisms in place for the enforcement of their laws and regulations, and for prosecutions under the Criminal Code of Canada. It notes in particular the information provided by the Government on the provinces of Alberta, Manitoba, Quebec, and Newfoundland and Labrador. However, the Committee observes that the information is incomplete and does not concern every province and territory. It requests the Government to provide further information regarding the details of provincial and territorial mechanisms to enforce the provisions that are relevant to the application of Article 3(a) to (d) of the Convention, and to provide extracts of reports or documents showing the functioning of these mechanisms for the further monitoring of the effective implementation of the provisions giving effect to the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. 1. Sexual exploitation. The Committee notes that the Interdepartmental Working Group on Trafficking in Persons (IWGTP) was established to develop a federal strategy to combat trafficking. The Committee also notes that IWGTP has prepared a five-year review of the numerous activities undertaken in Canada as part of the follow-up to the First World Congress against the Commercial Sexual Exploitation of Children in Stockholm, 1996. It takes note of the report entitled "Canadian Strategy against Commercial Sexual Exploitation of Children and Youth 1996-2001", which provides details on some of the programmes and initiatives taken in Canada to tackle the sexual exploitation of children and youth. In this report, it is indicated that combating the commercial sexual exploitation of children is a responsibility that is shared in Canada by both federal and provincial levels of government in partnership with a number of national and international non-governmental organizations. The Committee requests the Government to provide information regarding the results attained through the implementation of the "Canadian Strategy against Commercial Sexual Exploitation of Children and Youth 1996-2001".

2. Fit for Children. The Committee notes that on 22 April 2004, Canada submitted to the United Nations a document entitled "A Canada Fit for Children". This National Action Plan is Canada’s official response to the commitments made in May 2002 at the United Nations General Assembly Special Session on Children. The National Action Plan’s priorities are amongst other sexual exploitation and trafficking, child labour, marginalized groups and children affected by armed conflict. The Committee requests the Government to provide information regarding the results attained through the implementation of the National Action Plan: A Canada Fit for Children, particularly in eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Criminal Code and other legislation provide for penalties in case of violations of various forms of child abuse. Under section 212(1)(d) and (g) of the Criminal Code, anyone who procures or attempts to procure a person to become a prostitute, or procures a person to enter or leave Canada for the purpose of prostitution, is guilty of an indictable offence and liable to imprisonment of a term not exceeding ten years. By virtue of section 212(2) of the Criminal Code, any person who lives wholly or in part on avails of prostitution of another person who is under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years. According to section 212(2.1)(a) and (b) of the Criminal Code, any person who lives wholly or in part on the avails of prostitution of another person under the age of 18 years, and for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years but not less than five years. Under the terms of section 212(4) of the Criminal Code, every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. Moreover, by virtue of section 163.1(2) of the Criminal Code, any person who: makes, prints, publishes or possesses for the purpose of publication any child pornography, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or an offence punishable on summary conviction. Under section 163.1(3) of the Code, anyone who transmits, makes available, distributes, sells, imports, exports or possesses for the purpose of transmission, making available, distribution, sale or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or an offence punishable on summary conviction. Moreover, under the terms of section 120 of the Immigration and Refugee Protection Act, 2001, a person who contravenes section 118 (Trafficking in persons) is guilty of an offence and liable on conviction by way of indictment to a fine of not more than $1,000,000 or to life imprisonment, or to both. Finally, by virtue of section 10(2)(c) of the Controlled Drug and Substances Act, the use of the services of a person under the age of 18 years to commit, or the involvement of such a person in the commission of, a designated substance offence, is considered to constitute a relevant aggravating factor during the sentencing of a person convicted of a designated substance offence. According to sections 5, 6 and 7 of the Controlled Drugs and Substances Act, any person who is convicted of a designated substance offence is guilty of an indictable offence or an offence punishable on summary conviction and liable to imprisonment for a term from one year to the life.

The Committee also notes that the legislation of the provinces and territories provides for penalties. For example, in the Province of Manitoba, according to the Employment Standards Code, penalties range from $2,500 to $25,000 or imprisonment for up to three months; and under the Workplace Safety and Health Act, penalties range from first fines of up to $150,000, and for second or subsequent offences up to $300,000. Imprisonment of up to six months can also be sanctioned under the Act. In Ontario, failure to comply with an inspector’s order or a provision of the Occupational Safety and Health Act can lead to prosecution and maximum fines of $500,000 for a corporation and $25,000 or imprisonment for up to 12 months for an individual. In Alberta, a contravention of provisions prohibiting or regulating the employment of individuals under 18 constitutes an offence under the Employment Standards Code, with a wide range of penalties described in section 132 of the Code. And, in the Province of Quebec, the Labour Standards Act provides for penal sanctions in sections 139 to 147 for persons who do not respect its rules or regulations. The Committee asks the Government to indicate how these penalties are applied in practice.

Paragraph 2. Time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s indication that, in the province of Alberta, the Protection of Children Involved in Prostitution Initiative (PChIP) has established a continuum of programmes to assist sexually exploited children. The range of services includes prevention, early intervention, protective services and recovery programmes. Voluntary programmes including counselling, education, life skills support and housing are provided to any child who is at risk of, or involved in prostitution. Moreover, when a child is at extreme risk, due to their involvement in the sex trade, protective services can be accessed to assist the child in stabilization and recovery. The Committee also notes that treatment programmes for sexually exploited youth are being established to deal specifically with this high-risk population. Most notably, a recovery centre was established in central Alberta in October 2001 to provide residential treatment services for female children involved in prostitution. Recovery and stabilization programmes are also offered in protective safe houses across the province. Although there has been a limited number of male youth involved in prostitution in Alberta to date, ground-breaking research is being funded in 2002 to gain a clearer understanding of the issue across the province. As the Government gained a clearer understanding of the changing nature of the sexual exploitation of children, awareness campaigns have been developed to educate Albertans on issues such as Internet luring and the increased use of technology to sexually exploit children and youth. The Committee asks the Government to continue to provide information on the achievements of the PChIP initiative, and its impact with regard to removing children from prostitution and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that in its concluding observations on the second periodic report of Canada in January 2004 (CRC/C/15/Add.215, paragraphs 52 and 53), the Committee on the Rights of the Child noted concerns relating to the vulnerability of street children and, in particular, Aboriginal children who, in disproportionate numbers, end up in the sex trade as a means of survival. The Committee on the Rights of the Child was also concerned about the increased number of foreign children trafficked into Canada. It recommended that the Government further increase the protection and assistance provided to victims of sexual exploitation and trafficking, including prevention measures, social reintegration, access to healthcare and psychological assistance, in a culturally appropriate and coordinated manner, including by enhancing cooperation with non-governmental organizations and the countries of origin. The Committee also notes that the Committee on the Rights of the Child (CRC/C/15/Add.215, paragraphs 54 and 55) regretted the lack of information on street children in the Government’s second report, although a certain number of children are living in the street. Its concern was accentuated by statistics from major urban centres indicating that children represent a substantial portion of Canada’s homeless population, that Aboriginal children are highly over-represented in this group, and that the causes of this phenomenon include poverty, abusive family situations and neglectful parents. The Committee on the Rights of the Child recommended that the Government undertake a study to assess the scope and the causes of the phenomenon of homeless children and consider establishing a comprehensive strategy to address their needs, paying particular attention to the most vulnerable groups, with the aim of preventing and reducing this phenomenon in the best interest of these children and with their participation. The Committee requests the Government to indicate the time-bound measures taken or envisaged to address the situation of children at special risk, such as street children, in particular Aboriginal children and children trafficked into Canada. It also requests the Government to indicate the impact of such measures on their rehabilitation and social reintegration.

The Committee requests the Government to supply information on measures taken or envisaged, as required under Article 7, paragraph 2(a), (c) and (e) of the Convention, to prevent the potential occurrence of the worst forms of child labour, and to take into account the special situation of girls.

Article 8. International cooperation and/or assistance. 1. International cooperation. The Committee notes that Canada has contributed to ILO/IPEC since 1996. It also notes the information provided by the Government that the Canadian International Development Agency (CIDA) is responsible for the majority of Canada’s international cooperation programmes. CIDA addresses the issue of worst forms of child labour through poverty alleviation and an integrated set of activities including investment in primary education and projects which especially support child labourers. The Committee notes that CIDA developed a five-year (2000-05) programme entitled CIDA’s "Child Protection Action Plan" to strengthen programming in developing countries for the most marginalized children in need of special protection from exploitation, abuse and discrimination. The "Child Protection Action Plan" takes a strategic focus on war-affected children and child labourers, including children involved in the worst forms of child labour. Moreover, CIDA also works with UNICEF which has many programmes to help children involved in the worst forms of child labour. The Committee notes that Canada is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that section 7(4.1) of the Criminal Code provides for extraterritorial jurisdiction in relation to a number of sexual offences. Effectively, the 1997 Criminal Code amendments make possible the Canadian prosecution of Canadian citizens or permanent residents who sexually abuse children, including engaging in child prostitution, while outside Canada. The amendments allow for the prosecution not only of offences related to child sex tourism, such as child prostitution, but also of child sexual exploitation offences and child pornography.

2. Regional cooperation. The Committee notes that within the Inter-American Conference of Ministers of Labour, Canada is supporting initiatives for the ratification of Convention No. 182 and its implementation throughout the hemisphere. In addition, the initiatives aimed at combating child labour are also carried out under Canada’s Labour Cooperation Agreements with trading partners in the Americas.

3. Commercial sexual exploitation. The Committee notes that the Government contributed to combating the trafficking of human beings in the Balkans. The Government attempted to address the issue in a comprehensive manner by supporting a wide variety of activities including: support for safe houses, and the facilitation of safe returns for rescued women and girls. It also notes that, through the South East Fund for Institutional and Legal Development (SEAFILD), CIDA financed towards efforts to help end the trafficking of women and children in partnership with the Mekong Region Law Centre (MRLC). Participating countries include Thailand, Viet Nam, Cambodia, Lao People’s Democratic Republic and the Yunnan Province of the People’s Republic of China. Moreover, through the South Asia Regional Gender Fund, CIDA provided financial support to the South Asian Association for Regional Cooperation (SAARC) People’s Forum on Trafficking in Women and Children held in Katmandu, Nepal in December 2000. Coordinated by the Bangladeshi organization, UBINIG, the forum provided civil society representatives from across the region with an opportunity to come together to discuss human trafficking and related issues. Furthermore, efforts to alleviate the exploitation faced by women and children affected by sex trade in the Philippines are supported by CIDA. The project gives tools and training to sex-trade workers, including children, to help them deal with the exploitation they face, and to the larger community to raise awareness regarding the desperate situation faced by children in the sex trade. Finally, the Committee notes that CIDA provides support to many Canadian NGOs working to address the commercial sexual exploitation of children in various countries.

4. Children affected by armed conflict. The Government indicates that CIDA provides fund activities related to children affected by armed conflict. For example, CIDA approved the first project in support of research into the roles and experiences of girls in militaries and armed groups in Mozambique, Sierra Leone and Uganda. In the Democratic Republic of Congo, CIDA supported the development of an evaluation tool that allowed the programme to evaluate projects that benefit former child soldiers. Moreover, the Peacebuilding Unit in CIDA’s Multilateral Branch has a Child Soldiers Reintegration project in Sierra Leone which provides vocational training to children as well as counselling. Finally, CIDA provided funds to help finance the work of the Canadian Physicians for Aid and Relief (CPAR) in Uganda where they provide psychosocial help and vocational training for returning child soldiers.