Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes the detailed report on the application of the Convention at both federal and provincial level supplied by the Government for the period 1989-92. In the information provided in answer to the Committee's previous observation the Government expresses the opinion that Canada continues to observe the intent of the Convention, although technically there may be divergencies between some of the provisions of the Convention and the Canadian situation. It adds that these divergencies have not given rise to problems or to expression of concern by the workers involved.

As it pointed out in its previous comments, the Committee is aware of the nature of the difficulties encountered by the Government in harmonizing Canadian legislation and practice with the provisions of the Convention, particularly with regard to the maximum length of the working day prescribed by Article 2 of the Convention, and the determination of the circumstances and limits within which exceptions to normal working hours may be allowed, in accordance with Article 6. However, it hopes that the Government will undertake the necessary action in the near future, with the agreement and collaboration of its constituent entities and the occupational organizations, to ensure conformity with the Convention.

Lastly, further to its previous comments on the application of Article 8 of the Convention in Quebec and the requirement that employers must post working schedules, the Committee notes with satisfaction that the Labour Standards Act has been amended to include this requirement.

The Committee is addressing a further direct request to the Government concerning matters still pending.