Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the detailed information supplied by the Government in its report and attached documentation, in particular the information on the practical application of the British Columbia Human Rights Act, 1984, including section 13(1)(b).

The Committee notes with interest the entry into force of the British Columbia Human Rights Amendment Act, 1992, which adds "family status" and "sexual orientation" to the grounds upon which discrimination in job advertisements and in employment is prohibited, as well as the May 1992 amendment to the New Brunswick Human Rights Act which adds "sexual orientation" to the list of prohibited grounds of discrimination.

The Committee also notes with interest the HIV/AIDS policy applicable to all employees of the Public Service of Canada, providing that testing for the HIV/AIDS virus is not a condition of employment and that all government records containing HIV/AIDS-related data of a personal nature must be protected and handled in accordance with the Privacy Act. It also notes with interest that courts have indicated that HIV status cannot be used as an automatic ground for dismissal from employment and have recognized HIV and AIDS as disabilities under the Canadian Human Rights Act, the Canadian Charter of Rights and Freedoms, as well as provincial human rights legislation. The Committee requests the Government to continue supplying copies of court decisions and any new federal and provincial legislation expressly specifying AIDS or HIV status as a prohibited ground of discrimination in employment, and to inform it of other measures taken or envisaged to promote the adoption by enterprises of HIV/AIDS policies which are consistent with the principles of the Convention.