Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Employment Policy Convention, 1964 (No. 122) - Canada (Ratification: 1966)

Other comments on C122

Observation

Direct Request

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Articles 1 and 2 of the Convention. Education and training programmes. In its previous comments, the Committee noted the concerns raised by the Canadian Labour Congress (CLC) concerning the Government’s creation of a new organization for investing in skills innovation to encourage skills development and measurement, in which no role was assigned to the social partners. The Committee requested the Government to indicate the manner in which the social partners and other stakeholders concerned are consulted with respect to the development of education and vocational training programmes that meet the current and anticipated needs of the labour market. The Government indicates that the Sectoral Workforce Solutions Program was created in its 2021 Budget plan to support key sectors of the economy in implementing solutions to address current and emerging workforce needs. The Program will fund sectoral projects that focus on a range of industry-driven activities, such as training and reskilling workers, helping employers retain and attract a skilled and diverse workforce and other creative solutions to help sectors address labour market needs. The Committee notes the education and training programmes at the federal, provincial and territorial levels mentioned in the Government’s report. It also notes that Budget 2022 proposes to build on past investments, to work with provincial and territorial partners on improving how skills training is provided, to launch intensive engagement with labour groups on how Canada can better support skilled workers as they navigate a changing economy, as well as to support union-led apprenticeship training for those who are underrepresented in the trades. According to Budget 2022, 2.5 million CAD will be provided in 2022-2023 to enable Employment and Social Development Canada to launch a new union-led advisory table that brings together workers’ organizations and trade associations. The table will advise the Government on making priority investments to help workers navigate the changing labour market, with a particular focus on skilled, mid-career workers in at-risk sectors and jobs. The Committee requests the Government to continue to provide updated detailed information, including disaggregated statistical data, on the measures taken or envisaged to coordinate education and training policies with prospective employment opportunities and on the impact of such measures. It also requests the Government to continue to provide information on the manner in which the social partners and other stakeholders concerned are consulted with respect to the development of education and vocational training programmes that meet the anticipated needs of the labour market.

Promotion of women’s employment. In reply to the Committee’s previous comments, the Government reports that the Pay Equity Act, which entered into force on 31 August 2021, introduced a new proactive pay equity regime for federally regulated public and private sector employers with 10 or more employees. Pursuant to the Act, employers are required to establish, periodically review and update a pay equity plan that assesses whether there is a difference in compensation between positions that are mostly held by women and those that are mostly held by men, and which are determined to be of equal value. Where the plan identifies differences in compensation, employers are required to increase the compensation of those positions mostly held by women with a view to eliminating these differences. The Committee notes that, according to the 2020–2021 Employment Insurance Monitoring and Assessment Report, during the first two months of the pandemic, employment losses among women were slightly more pronounced (16.8 per cent) than among men (14.6 per cent). In addition, 22.2 per cent of women were still employed, but working less than half their usual hours, compared to 19.1 per cent of men. This pointed to the conclusion that women were more likely than men to work in industries that were severely affected by public health measures. The Government indicates in its report that employment measures aim to address occupational segregation on the basis of gender and to increase the formal labour force participation rate of women and other groups in vulnerable situations. It adds that, in particular, diversity in the skilled trades is a key policy challenge. Programmes have been introduced to support more women and other key groups facing barriers in the labour market in pursuing well-paying jobs in the skilled trades, and to help develop a sufficient workforce to meet the growing demand for skilled trades professionals across the country. The Committee notes with interest the range of measures taken at the provincial and territorial levels to remove barriers to employment for women. In this context, the Committee notes from Budget 2021 that the federal Government made an investment of 30 billion CAD over five years towards affordable childcare. The Government mentions in its budget plan that childcare is not just a social policy, it is also an economic policy. It adds that providing affordable childcare will grow the economy and allow more women to enter the workforce. The Committee requests the Government to continue to provide detailed updated information, including disaggregated statistical data on the nature, scope and impact of the active labour market measures taken or envisaged to increase the labour force participation rate of women, particularly of women belonging to disadvantaged groups, such as indigenous women, Afro-Canadian women, migrant and refugee women, female asylum seekers and women with disabilities, among others.

Youth employment. In its previous comments, the Committee requested the Government to provide information on the measures taken to implement the recommendations of the Expert Panel on Youth Employment, as well as on the impact of the improvements introduced in the Youth Employment Strategy in increasing opportunities for young people to access full, productive, freely chosen and sustainable employment. The Government indicates that the Expert Panel recommendations constituted an important input into the 2019–2020 modernization of the Youth Employment Strategy, now called the Youth Employment and Skills Strategy (YESS). Some of the policy changes made on the basis of the Expert Panel recommendations include a focus on youth facing barriers to employment, expanded programme eligibility, and enhanced supports for youth that are flexible and holistic. The Government indicates that, previously, only the Skills Link programme focused on young persons facing barriers to employment, but now the entire suite of YESS programmes seeks to reach youth facing barriers to employment, including indigenous youth, recent immigrant youth, youth from racialized groups, youth living with disabilities, and youth with low levels of education. In addition to the policy changes, the YESS has also advanced additional measures that align with the Expert Panel recommendations, such as convening key actors across sectors to develop solutions to persistent challenges in youth employment, and harmonized performance measurement across YESS programmes to compile and evaluate more relevant data. The Committee requests the Government to provide updated detailed information on the impact of the improvements introduced in the Youth Employment and Skills Strategy in increasing opportunities for young people to access full, productive, freely chosen and sustainable employment.

Indigenous peoples. The Government indicates that, in April 2019, the Indigenous Skills and Employment Training (ISET) programme replaced the ASETS. The ISET programme is a distinctions-based programme, which shifts the focus to supporting client success along the skills and employment continuum, offering longer-term interventions that lead to better skills outcomes and better employment for programme beneficiaries, as well as to a reduced administrative burden. The ISET programme is the result of an extensive two-year engagement with indigenous stakeholders, other federal departments, provinces and territories, and academic institutions partners in 2016 and 2017. The programme supports a network of over 110 indigenous service delivery organizations with over 650 points of service across Canada to design and deliver client-centred job training services to indigenous people in their communities, with the overarching objective of reducing the employment and skills gaps between indigenous and non-indigenous people. In 2019-2020, the ISET programme served 41,600 new clients. As a result of ISET interventions, 15,284 indigenous people were employed, and 3,753 indigenous clients returned to school. The Committee notes the detailed measures and new investments set out in Budget 2022 to support employment for indigenous peoples and their communities. It also notes the measures taken by the Government in relation to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act and legislative changes introduced to support self-determination. The Committee requests the Government to continue to provide detailed updated information on the Indigenous Skills and Employment Training (ISET) programme and on any other measures taken or envisaged to promote productive employment opportunities for indigenous people, as well as on the impact of such measures. It also requests the Government to provide information on the consultations held with indigenous peoples with respect to the employment measures and programmes which may affect them.

Migrant workers. In its previous comments, the Committee requested the Government to provide information on the progress achieved towards the elimination of the requirement for an employer-specific work permit. It also requested the Government to provide information on the measures adopted or envisaged to guarantee the access of migrant workers to decent jobs. In this respect, the Committee notes the Government’s report on the application of the Forced Labour Convention, 1930 (No. 29),concerning protections for temporary foreign/migrant workers, which indicates that, in 2019, Immigration, Refugees and Citizenship Canada introduced the open work permit for workers in vulnerable situations. This type of permit allows temporary foreign workers who are holders of a valid employer-specific work permit and who are experiencing abuse or are at risk of abuse to receive a time-limited open work permit to enable them to abandon their employer, while allowing them to retain their authorization to continue working in Canada. The Committee notes that, according to Budget 2022, immigration will be a key driver of workforce growth in Canada in the future. More than one in four workers are foreign-born and, as the Canadian population ages, immigration is expected to account for an increasingly large share of the labour force. The Committee requests the Government to provide information on the nature, scope and impact of measures adopted or envisaged to promote decent employment opportunities for foreign workers and recent immigrants. It also requests the Government to include information on employment and training programmes targeting migrant workers, more specifically programmes which aim to enhance employability and skills, such as language training.

Persons with disabilities. The Committee previously noted that, in its concluding observations, the Committee on the Rights of Persons with Disabilities (CRPD) expressed concern at the high number of Canadians with disabilities who are unemployed and at the lack of programmes aimed at preserving the jobs of persons with disabilities during periods of economic crisis. The CPRD Committee also expressed concern regarding the lack of strategies to promote access to the open labour market for persons with disabilities, in particular for women and young persons with disabilities (CRPD/C/CAN/CO/1, 8 May 2017, paragraph 47). The Government reports that, following a 65 million CAD enhancement to the Opportunities Fund for Persons with Disabilities for 2021–2022, the Opportunities Fund (OF) has been formally organized on an on-going basis into three streams, focused on: (i) the workforce integration of persons with disabilities; (ii) supports to employers in creating inclusive and accessible workplaces for persons with disabilities; and (iii) supports for the career advancement of persons with disabilities who are already employed part-time or full-time and whose skills and talents are underutilized. In general, interventions from the OF were found to improve participants’ labour market attachment. From 2015 to the end of the second quarter of fiscal year 2020–2021, the OF served a total of 26,430 persons with disabilities across Canada, including those supported through COVID-19 additional funding. In addition, at the provincial and territorial levels, Workforce Development Agreements (WDAs) represent the largest source of targeted employment supports for persons with disabilities. The WDAs include a strong commitment to supporting persons with disabilities to find and keep good jobs. Between 2017–2018 and 2022-2023, approximately 2.67 billion CAD will be invested nationally under the WDAs for employment and training supports for persons with disabilities. The Government indicates in its Budget 2022 that persons with disabilities should be fully included in Canada’s economic recovery. However, despite being ready and willing to work, the employment rates of Canadians with disabilities are much lower than those of Canadians without disabilities – 59 per cent versus 80 per cent, according to the 2017 Canadian Survey on Disability. Budget 2022 proposes to provide 272.6 million CAD over five years to Employment and Social Development Canada to support the implementation of an employment strategy for persons with disabilities through the OF. This investment aims to address labour market shortages by promoting increased labour market participation of persons with disabilities and making workplaces more inclusive and accessible. The Committee requests the Government to continue to provide detailed updated information, including statistics disaggregated by age, sex and region, on the nature, scope and impact of measures adopted or envisaged to promote access to the open labour market for workers with disabilities, including women and young persons with disabilities, as well as those persons with disabilities that may be subject to intersectional discrimination.

Older workers. The Government indicates that the WDAs enable provinces and territories to provide employment assistance and skills training with added flexibility to respond to the diverse needs of their respective clients, including members of unrepresented groups, such as older workers. To help inform initiatives regarding the labour force participation of older workers, a report was published by the Government in May 2018 entitled “Promoting the labour force participation of older Canadians – Promising initiatives”. In May 2021, another report was published entitled “Older Workers: Exploring and Addressing the Stereotypes”, which examines current knowledge in relation to negative attitudes and beliefs about older workers and includes best practices and initiatives to address these negative stereotypes. The Committee notes that, according to Budget 2022, the Government intends to engage with experts on the role that a Career Extension Tax Credit could play in boosting the labour force participation of older workers who want to continue to work later in life. The Committee requests the Government to provide updated detailed information, including statistics disaggregated by age and sex, on the employment situation of older workers, including information on the impact of the measures adopted to promote and increase opportunities for decent jobs for older women and men workers.