2. International human rights conventions that Canada has ratified do not automatically become part of the domestic law of Canada so as to enable individuals to go to court when they are breached. Nevertheless, cases may arise regarding domestic law " particularly the Canadian Charter of Rights and Freedoms and federal"provincial"territorial human rights legislation " that are relevant to the implementation of the rights guaranteed by these conventions. Court actions relating to other legislation may also assist in the practical realization of the rights guaranteed in international human rights instruments. For example, regarding the present Covenant, cases arising under labour law are relevant.
3. Furthermore, the Supreme Court of Canada has emphasized the importance of taking into account Canada's international obligations in interpreting and applying the Canadian Charter of Rights and Freedoms, both in terms of determining the scope of protected rights and freedoms, and in deciding whether limits on them are acceptable in terms of section 1 of the Charter. This interpretative approach has played a significant role in Charter decisions, and in assisting in the implementation of international human rights treaties.
4. A description of relevant case law also contributes to an understanding of the practical effect of the constitutional and legislative measures outlined in other portions of this report. For this reason, court actions relevant to the present Covenant that were not successful, as well as successful actions, are described.
5. In regard to articles 6"9 of the Covenant, relevant Charter and human rights cases in the economic, social and cultural area are outlined, as well as other relevant jurisprudence from 1986 (the date of Canada's second report on these articles) to 1994. In regard to articles 10"15, case law from 1990 (the date of Canada's second report on articles 10"15) to 1994 is described. Occasional reference is made to case developments of special interest since 1994. To the extent that the cases outlined in the review of jurisprudence involve issues of discrimination, they are also relevant to the implementation of article 2.2 and article 3 of the present Covenant.
6. In its concluding observations in 1993 on Canada's second report on articles 10"15, the Committee on Economic, Social and Cultural Rights expressed certain concerns about the extent to which the International Covenant on Economic, Social and Cultural Rights was implemented by court decisions on the Canadian Charter of Rights and Freedoms and human rights legislation. These concerns and recommendations, set forth in paragraphs 21"24, 29 and 30 of the concluding observations, are addressed in the review of jurisprudence.
A. Response to concerns and recommendations of the Committee on Economic, Social and Cultural Rights regarding case law
Scope of Canadian Charter of Rights and Freedoms (paras. 21 and 23 of concluding observations)
7. In paragraphs 21 and 23 of the concluding observations on Canada's second report on articles 10"15, the Committee expressed concern that, in some cases, Canadian courts have concluded that the Canadian Charter of Rights and Freedoms does not protect the rights guaranteed by the International Covenant on Economic, Social and Cultural Rights, with particular reference to the right to an adequate standard of living guaranteed by article 11.
8. The Canadian Charter of Rights and Freedoms guarantees primarily civil and political rights rather than economic, social and cultural rights. However, as indicated in the Vienna Declaration and Programme of Action, all human rights are interrelated, and the constitutional protection of civil and political rights has significantly enhanced the protection of economic, social and cultural rights in Canada in a number of ways, as described below. In this respect, the Canadian Charter of Rights and Freedoms plays a similar role at the domestic level regarding the protection of economic, social and cultural rights to that of the International Covenant on Civil and Political Rights at the international level.
Role of governments in litigation (para. 21)
9. In paragraph 21 of the concluding observations, the Committee expresses concern that some governments in Canada appear to take the position in litigation that the rights in article 11 of the Covenant are not protected, or only minimally protected, by the Canadian Charter of Rights and Freedoms.
10. In Canada, litigation is of an adversarial nature, and each party to a court action, including the government of a province or the federal Government when it is party to an action, is expected to present as fully and as convincingly as possible the argument for that party, so that the court will be well informed of all relevant considerations, before it reaches a decision. The Supreme Court of Canada has accepted the adversarial process as a fundamental tenet of our legal system (R. v. Swain). In the case of Miron v. Trudel, described in paragraph 59 below, where the Attorney General of Ontario declined to defend the legislation in question on the basis of section 1 (reasonable limits) of the Charter, the Supreme Court of Canada adjourned its hearing of the case, and appointed an amicus curiae to prepare a section 1 defence of the legislation.
Court Challenges Program (para. 22)
11. In paragraph 22 of the concluding observations, the Committee expresses concern about the cancellation of the Court Challenges Program.
12. In 1993, the Government of Canada announced that the Court Challenges Program would be reinstated and, in 1994, a contribution agreement was signed between the federal Government and the Court Challenges Program Corporation. The Corporation, which is composed of representatives from the private bar, non"governmental organizations and academics, administers the Program, with an annual budget of $2.75 million for the next three years.
13. The Court Challenges Program funds court challenges involving: (i) official language rights guaranteed in the Constitution Act, 1867, the Manitoba Act, 1870 and the Canadian Charter of Rights and Freedoms, and the clarification of the linguistic aspect of freedom of expression in section 2 (b) of the Charter; and (ii) the equality rights guaranteed in sections 15 and 28 of the Canadian Charter of Rights and Freedoms, and the clarification of sections 2 (fundamental freedoms) and 27 (multicultural heritage) when invoked in support of section 15 arguments.
Scope of human rights legislation (para. 24)
14. In paragraph 24 of the concluding observations, the Committee expresses concern that human rights legislation has not always been applied in such a manner as to provide remedies against violations of economic, social and cultural rights.
15. In Canada, human rights legislation, for the most part, focuses on the right not to be subjected to discrimination, rather than on extending coverage to all human rights, including economic, social and cultural rights. It is applied accordingly. Some human rights codes include the following prohibited grounds of discrimination: source of income (Saskatchewan, Manitoba and Nova Scotia); assignment, attachment or seizure of pay (Newfoundland); and social condition/origin (Quebec, Newfoundland). The Quebec Charter of Human Rights and Freedoms guarantees economic and social rights.
16. The protection against discrimination provided by human rights codes in the economic, social and cultural areas of employment; the provision of goods, services and facilities customarily available to the public; and accommodation assists in the protection of economic, social and cultural rights. Relevant case law is outlined below.
Training of judiciary and interpretive approach (paras. 29 and 30)
17. In paragraph 29 of the concluding observations, the Committee recommends that Canadian judges be provided with training courses on Canada's obligations under the Covenant, and their effect on the interpretation and application of Canadian law. In paragraph 30 of the concluding observations, the Committee recommends that the Canadian courts continue to adopt a broad and purposive approach to the interpretation of the Canadian Charter of Rights and Freedoms and human rights legislation so as to provide appropriate remedies against violations of social and economic rights in Canada.
18. Because of the importance that is accorded to the principle of the independence of the judiciary in Canada, governments do not themselves provide judicial training. There is an independent National Judicial Institute, funded by federal, provincial and territorial governments, that provides training to judges in Canada. The Canadian Institute for the Administration of Justice, a non"governmental organization, also provides legal training to judges and other interested persons. As indicated in paragraphs 3, 20, 29, 66 and 71 of the review of jurisprudence, judges in Canada refer to international law in Charter cases and have a good knowledge of its relevance.
19. The concluding observations of the Committee on Economic, Social and Cultural Rights, including paragraphs 29 and 30, have been brought to the attention of the National Judicial Institute and also the Canadian Judicial Council.
Article 6. Right to work
20. In Slaight Communications Inc. v. Davidson, the Supreme Court of Canada concluded that requiring an employer to write a letter of recommendation for a former employee in an unjust dismissal case was a reasonable limit on his freedom of expression as guaranteed by section 2 (b) of the Canadian Charter of Rights and Freedoms, because of the importance of the right to work, recognized by the present Covenant. The Supreme Court stated as follows:
21. In McKinney v. University of Guelph, the Supreme Court of Canada considered a provision of the Ontario Human Rights Code, 1981 limiting complaints of age discrimination to persons between 18 and 65 years of age, effectively preventing complaints of discrimination regarding the mandatory retirement of persons 65 years of age or older. The Supreme Court held that the provision was a reasonable limit within the terms of section 1 of the Charter on the equality rights guaranteed by section 15 of the Charter. The Court stated that the legislature was faced with a complex socio"economic issue, and that it should defer to the balance struck by the legislature in this area.
22. In Conway v. Canada (Attorney General), the Supreme Court of Canada held that it was not contrary to section 15 (equality rights) of the Charter for female guards to be permitted to frisk male inmates, although male guards could not frisk female inmates (they are not employed in female penitentiaries). The Court pointed out that different treatment may sometimes be called for to promote equality. The Court also stated that, if there were an infringement of section 15, the achievement of employment equity would be a relevant consideration in justifying the policy within the terms of section 1 of the Charter.
23. In Grant v. Canada, the Federal Court of Appeal concluded that the policy of the Royal Canadian Mounted Police (RCMP) of permitting Sikhs to wear turbans, a religious symbol, rather than the traditional felt hat was not contrary to the guarantees of freedom of religion, equality and liberty in the Canadian Charter of Rights and Freedoms. The Court noted that the policy was introduced by the RCMP to encourage the recruitment of visible minorities.
Human rights legislation
(i) Under"representation in employment sectors
24. In Canadian National Railway Co. v. Canada (Canadian Human Rights Commission) (Action Travail des Femmes), the Supreme Court of Canada concluded that orders of affirmative action programmes under the Canadian Human Rights Act that take into account the effects of past discrimination are acceptable under the Act. The Court thus upheld an order requiring the Canadian National Railway to increase to 13 per cent " the national average " the proportion of women employed in non"traditional occupations, and, until that goal was reached, to hire at least one woman for every four non"traditional jobs filled in the future.
(ii) Disqualification from employment
25. In Forget v. Quebec (Attorney General), the Supreme Court of Canada held that it was not contrary to the prohibition of discrimination in the Quebec Charter of Human Rights and Freedoms to require a person seeking to obtain a permit to practise her profession as a nursing assistant to pass a French"language test, where other applicants who had taken at least three years of full"time instruction in French at the secondary level or later were not required to take such a test.
26. In Brossard (Town) v. Quebec (Commission des droits de la personne), the Supreme Court of Canada held that a municipal hiring policy disqualifying members of the immediate family of municipal employees from being hired by the town involved discrimination on the basis of civil status contrary to the Quebec Charter of Human Rights and Freedoms.
(iii) Mandatory retirement
27. In a number of cases, the Supreme Court of Canada has concluded that mandatory retirement policies were not contrary to the prohibition of discrimination on the basis of age in human rights codes, because they were justifiable as bona fide occupational requirements. Thus, it has upheld mandatory retirement policies for fire fighters (Saskatchewan (Human Rights Commission) v. Saskatoon (City)) and university professors (Dickason v. University of Alberta)
Labour law
28. In Bell Canada v. STCC, the Quebec Court of Appeal held that it was contrary to the Canada Labour Code for an employer to dismiss an employee for absenteeism because of disability, where the employee was receiving social rehabilitation benefits under the Quebec Workmen's Compensation Act. The Court stated that the Canada Labour Code does not allow an employer to dismiss an employee who is receiving benefits directly related to his or her rehabilitation for work, even if they are characterized as "social".
Canadian Charter of Rights and Freedoms
29. In Everingham v. Ontario, the Ontario Court (General Division) concluded that a policy in a maximum security psychiatric facility that all mail sent to a patient, including mail from a barrister or solicitor, be opened in the presence of staff, to ensure that contraband items were not received by patients, did not violate various rights guaranteed by the Canadian Charter of Rights and Freedoms. In reaching its conclusion, and in particular in determining that if there were any infringements of Charter rights they were justifiable under section 1 (reasonable limits) of the Charter, the Court referred to article 7 of the International Covenant on Economic, Social and Cultural Rights, and the need to ensure that staff at the psychiatric facility had a safe working environment.
(i) Equal pay for work of equal value
30. In Syndicat des employés de production du Québec et de l'Acadie v. Canada (Canadian Human Rights Commission), the Supreme Court of Canada considered section 11, the "equal pay for work of equal value" provision of the Canadian Human Rights Act. It dismissed an appeal against a decision of the Canadian Human Rights Commission that differences in salary between costume workers (predominantly female) and decor workers (predominantly male) did not contravene section 11. The Court agreed with the interpretation that the Commission had placed on section 11, that its purpose is to prohibit discrimination by an employer between male and female occupational groups, not to guarantee individual workers equal pay for work of equal value regardless of sex. Subsequently, in Public Service Alliance of Canada v. Treasury Board, a Human Rights Tribunal held that the misclassification of a predominantly female group resulting in its receiving less pay than a predominantly male group performing comparable work constitutes sex discrimination under section 7 of the Canadian Human Rights Act.
(ii) Leave for religious observance and other leave
31. In Central Alberta Dairy Pool v. Alberta (Human Rights Commission), the Supreme Court of Canada held that, in cases of adverse effect discrimination, employers must take steps to accommodate employees, except where it would cause undue hardship. The Supreme Court of Canada expressly overruled its earlier decision on this point in Bhinder v. Canadian National Railways, where it had stated that there was no duty to accommodate under the Canadian Human Rights Act, if the employment rule in question was a bona fide occupational requirement. In two subsequent decisions, the Supreme Court applied the duty of accommodation to unions and collective agreements, and emphasized that it means making genuine efforts, beyond mere negligible effort, and may involve minor inconvenience to other employees (Central Okanagan School District No. 23 v. Renaud; Commission Scolaire Régionale de Chambly v. Bergevin). The Central Alberta Dairy Pool, Renaud and Bergevin cases all involved issues of leave for religious observance.
32. The Canadian Human Rights Act prohibits discrimination on the basis of marital or family status. In Canada (Attorney General) v. Mossop, the Supreme Court of Canada held that family status does not include same"sex relationships. It therefore rejected a complaint of discrimination in a case where an employer had denied bereavement leave to the homosexual partner of someone whose father had died, where such leave was available to a spouse.
(iii) Sexual harassment
33. In Robichaud v. The Queen, the Supreme Court of Canada held that the Canadian Human Rights Act, which expressly prohibits sexual harassment, contemplates the imposition of liability on employers for all acts of their employees in the course of their employment, so that they are vicariously liable for sexual harassment by employees. In Janzen v. Platy Enterprises Ltd., the Supreme Court held that the general prohibition of sexual discrimination in the Manitoba Human Rights Act included a prohibition against sexual harassment.
34. Section 128 of the Canada Labour Code permits an employee to refuse to work in a place that constitutes a danger to the employee, unless the refusal would put the safety of others in danger, or the danger is inherent in the employee's work. In Dragseth v. Canada (Treasury Board), the Federal Court of Appeal considered the application of section 128 to guards in a maximum security prison who refused to work unless the management added a guard in one area of the prison, and also to the co"chairperson of the safety and health committee, who arranged for a replacement and temporarily left his post to obtain the additional guard. The Court upheld disciplinary action (written reprimands) against the guards, because they had put others' safety in danger, but not against the co"chairperson of the committee.
35. According to section 126 of the Canada Labour Code, employees shall take reasonable and necessary precautions to ensure the safety of other employees. In Canada Post Corp. v. Letter Carriers Union of Canada, the Federal Court of Appeal considered the application of section 126 to employees of Canada Post who were suspended for five days because they had refused to cross a picket line of another union of employees of Canada Post on the ground that they believed picketers in front of their vehicle would be injured if they did so. The Federal Court of Appeal"other employees" included those on strike, and upheld the decision of the Canada Labour Relations Board quashing the disciplinary action.
36. Section 2 (d) of the Canadian Charter of Rights and Freedoms guarantees freedom of association. As interpreted by the courts, it protects the rights of individuals to join together to pursue common goals. This includes the right to establish and maintain associations and trade unions, and to belong to them and participate in their lawful activities, without penalty or reprisal. Section 2 (d) does not, however, protect the particular objects, goals or activities of an association as distinct from the right to associate for the purposes of pursuing them; it does not, therefore, guarantee the right to strike, lock out or bargain collectively (Law Society of Alberta v. Black; Reference re Public Service Employee Relations Act (Alberta); Public Service Alliance of Canada v. Canada).
37. The freedom to associate is collective and public in nature. It does not protect every relationship; some common purpose is required. The right may therefore not extend to individual relationships such as parent/child, doctor/patient or teacher/pupil (Re Catholic Children's Aid Society).
38. In Alex Couture Inc. v. Canada (Attorney General), the Quebec Court of Appeal concluded that provisions in the Competition Act permitting a tribunal to dissolve or prevent a merger that substantially prevents or lessens competition did not infringe section 2 (d) of the Charter, and, in any event, would be justifiable as a reasonable limit under section 1 of the Charter.
39. In Lavigne v. Ontario Public Service Employees Union, the Supreme Court of Canada held that section 2 (d) of the Charter was not infringed by a requirement that a non"member pay dues to a trade union pursuant to a mandatory dues check"off clause in the collective agreement, where a portion of the dues collected was contributed to a political party that the employee in question did not support. Three judges stated that, although the use of union dues for purposes unrelated to collective bargaining was a prima facie infringement of section 2 (d) in these circumstances, it was justifiable under section 1, because it enabled unions to participate in the larger political, social and economic debates of society; three judges stated that freedom of association did not include the right not to associate; and one judge said that the payment of dues did not bring the appellant into association with ideas to which he did not subscribe.
40. In Strickland v. Ermel, the Saskatchewan Court of Queen's Bench considered a provision of the Saskatchewan Trade Union Act enabling a union to require that all employees hired after trade"union certification maintain union membership and pay union dues. The Court held that the application of this legislation to an academic union, including engineering instructors (the complainants in the case), did not breach section 2 (d) of the Charter. In reaching its conclusion, the Court referred to the advisability of courts, as much as possible, staying out of the area of labour relations, and stated that, if section 2 (d) includes freedom not to associate, it is conditioned by the circumstances, and did not apply in the circumstances of that case. The Court of Appeal dismissed the appeal, stating that it agreed with the reasoning of the lower court and pointing out that the action was premature, since there was no evidence that the complainants had as yet suffered any adverse consequences from the provision in question. Leave to appeal to the Supreme Court of Canada was denied.
41. In International Longshoremen's and Warehousemen's Union " Canada Area Local 500 v. Canada, the Supreme Court of Canada held that section 2 (d) was not infringed by back"to"work legislation ending a labour dispute involving longshoremen by forbidding strikes or lockouts. This confirmed the Court's earlier holdings that freedom of association does not extend to collective bargaining rights.
(i) Unemployment insurance benefits
42. In Tetreault"Gadoury v. Canada (CEIC), the Supreme Court of Canada held that the ineligibility under the Unemployment Insurance Act of persons 65 years of age or older for unemployment insurance benefits infringed section 15 (equality rights) of the Charter and was not justifiable as a reasonable limit within the terms of section 1 of the Charter.
43. In Schachter v. Canada, the Federal Court, Trial Division, concluded that the denial of unemployment insurance benefits to the father of a newborn child, where such benefits were available to mothers and adoptive parents, discriminated between natural and adoptive parents and breached section 15 of the Charter. The Court granted a declaratory order extending the same benefits to natural parents. The case was appealed on the issue of remedy only. The Supreme Court of Canada concluded that the appropriate remedy would have been to declare the legislative provision void and of no effect, and to suspend the declaration of invalidity to provide Parliament with time to amend it. However, the Supreme Court did not make the order, because the legislation had already been amended.
(ii) Social assistance
44. In Silano v. British Columbia, the British Columbia Supreme Court concluded that it was contrary to section 15 of the Charter for persons under 26 years of age to receive $25 less in support than those 26 years of age or older. The Court stated that the purpose of conserving provincial revenues and allocating scarce financial resources among applicants did not justify a dividing line between recipients that was arbitrary and unfair, within the terms of section 1 of the Charter.
45. In Gosselin v. Quebec (AttorneyGeneral), the Quebec Superior Court held that section 7 (liberty and security of the person) and section 15 (equality) of the Canadian Charter of Rights and Freedoms were not infringed by an age differential in the social assistance legislation of that province, according to which persons between the ages of 18 and 30 years received lower benefits, if they declined to participate in training programmes. On section 7, the Court stated that it did not include the right to social assistance. On section 15, the Court concluded that the age differential was not discriminatory, because it was not unreasonable to require persons in this age group to take part in training programmes.
46. In R. v. Rehberg, the Supreme Court of Nova Scotia held that a provision of the Nova Scotia Family Benefits Act disentitling single parents to social assistance, if they were cohabiting with a person of the opposite sex ("the man"in"the"house"rule"), violated section 15 of the Charter (under appeal). The Court noted that 97 per cent of the persons disentitled to assistance because of the provision were women, and that there was a discriminatory effect on single mothers on family benefits.
47. In Clemons v. Winnipeg (City), the Manitoba Court of Queen's Bench held that section 15 of the Charter was breached, when family maintenance was denied to a 17"yearold living away from home with her common"law husband and child, in circumstances where it would not have been denied to an adult. The Manitoba Court of Appeal allowed the appeal, on the ground that the applicants should first have sought a remedy pursuant to the appeal procedure under the relevant statute, before seeking Charter relief.
(iii) Pension benefits
48. In McLeod v. Canada (AttorneyGeneral), the Alberta Court of Queen's Bench held that section 15 (equality rights) of the Charter was not breached by a provision of the Canada Pension Plan that had the effect of awarding survivors' benefits to the common"law wife of the deceased rather than to his legal wife, from whom he had been separated for many years.
49. The Supreme Court of Canada has stated that section 15 of the Charter extends to grounds analogous to those enumerated in it. In Egan v. Canada, the Supreme Court of Canada held that sexual orientation was analogous to prohibited grounds of discrimination enumerated in section 15 of the Charter, and therefore protected by it. However, the Court held that it was not a breach of section 15 to restrict the definition of "spouse" in pension legislation to a person of the opposite sex (with four majority judges concluding that this definition was not discriminatory within the terms of section 15, and one relying upon section 1 (reasonable limits) to reach this result).
50. In Canada (AttorneyGeneral) v. Druken, the Federal Court of Appeal held that the Canadian Human Rights Act had primacy over other federal legislation so that, even where discriminatory practices are apparently authorized by such legislation, they may be challenged under that Act. In the Druken case, the Federal Court of Appeal held that provisions in the Unemployment Insurance Act which precluded persons from collecting unemployment insurance benefits where they have worked for their spouse, discriminated on the basis of family and marital status, contrary to the Canadian Human Rights Act. Leave to appeal to the Supreme Court of Canada was denied.
Other cases
51. In Clarke v. Clarke, the Supreme Court of Canada held that pension benefits are included in matrimonial assets, and therefore subject to equal division between the husband and wife upon separation under provincial matrimonial property legislation.
52. In Finlay v. Canada (Minister of Finance) (the 1986 Finlay case), the Supreme Court of Canada held that a provincial resident on social assistance had standing to bring an action to challenge federal funding of the provincial social assistance programme on the ground that the standards set in the federal Canada Assistance Plan had not been met. The position of the Government of Canada before the Supreme Court of Canada in this case was that individuals did not have standing to challenge financial arrangements made between the federal and provincial levels of government. Since the 1986 Finlay decision, the Government of Canada has not challenged the standing of individuals to bring such actions.
53. In Canada (Minister of Finance) v. Finlay (the 1993 Finlay case) the Supreme Court of Canada considered on the merits the action in the earlier Finlay case, which was brought by a plaintiff who suffered from permanent disabilities and received social assistance under the Manitoba Social Allowance Act. The plaintiff alleged that deductions from his assistance payments to recover overpayments previously made by the province had the result that his basic requirements were not met, contrary to section 6 (2) (a) of the federal Canada Assistance Plan. Section 6 (2) (a) requires the provinces to "take into account the basic requirements" of persons in need to be eligible for federal funding. The Supreme Court of Canada held that the government of Manitoba had taken into account the basic needs of the respondent in determining the amount of deductions. According to section 20 (3) of the Manitoba Social Allowance Act, deductions for overpayments may be authorized in an amount "that would not cause undue hardship to the recipient", and the policy of the government of Manitoba was to make such deductions on a gradual basis (5 per cent of the basic living allowance).
(i) Parents and children
54. In Penner v. Danbrook, the Saskatchewan Court of Appeal held that section 15 (equality rights) of the Canadian Charter of Rights and Freedoms was not breached by the Saskatchewan Family Maintenance Act, which permitted a child maintenance order to be discontinued when the child was 18 years of age, in circumstances where she was financially dependent because she wished to continue her education. The Court noted that, given the nature and purpose of the Act respecting child maintenance, age is a relevant consideration in determining whether children should be legally entitled to maintenance from their parents.
55. In Symes v. Canada, the Supreme Court of Canada held that section 15 of the Charter was not violated by the exclusion of child care expenses from business deductions for income tax purposes, where there was a child care expense deduction of a specific amount under the Income Tax Act. The Court indicated that the exclusion did not involve adverse discrimination against women, because, although it was clear their share of the child care burden in society was disproportionate, the plaintiff had not established that women bore a disproportionate share of child care expenses.
56. In Thibaudeau v. Canada, the Supreme Court of Canada held that provisions of the Income Tax Act requiring persons receiving child support payments to include them in their income for tax purposes, and permitting those paying child support to deduct them from income, did not contravene section 15 of the Charter. The Court stated that these provisions are designed to minimize the tax consequences of support payments, thereby promoting the best interests of children by ensuring that more money is available to provide for their care.
57. In B.(R.) v. Children's Aid Society of Metropolitan Toronto, the Supreme Court of Canada considered the question of whether a provision of the Ontario Child Protection Act enabling the Children's Aid Society to obtain wardship of a child for purposes of administering a blood transfusion infringed the guarantee of freedom of religion in the Canadian Charter of Rights and Freedoms. The Court stated that the right of parents to rear their children in accordance with their beliefs, including choosing medical treatment, is a fundamental aspect of freedom of religion. However, in the circumstances under consideration, the limitation on this right served the important objective of protecting children at risk, and was therefore justifiable within the terms of section 1 of the Charter.
(i) Marital status
58. In Miron v. Trudel, the Supreme Court of Canada concluded that marital status is analogous to prohibited grounds of discrimination enumerated in section 15 of the Charter, so that discrimination against common law spouses is contrary to section 15 and requires justification under section 1 (reasonable limits) of the Charter.
59. In Alberta Hospital Association v. Parcels, the Alberta Court of Queen's Bench held that a requirement in a collective agreement that persons on maternity leave prepay 100 per cent of their premiums for benefits, whereas persons on sick leave were only required to prepay 25 per cent of the premiums, was discriminatory respecting that part of maternity leave that is health"related, contrary to the Alberta Individual's Rights Protection Act.
60. In Moge v. Moge, the Supreme Court of Canada concluded that a divorced wife was entitled under the Divorce Act to continue to receive financial support from her former husband for an indefinite period, because it was not feasible in the circumstances for her to become self"sufficient. The Court noted that the objective of selfsufficiency is only one of several criteria governing maintenance awards in the Act, and that it is a goal only in so far as is practicable. The Court also relied upon evidence that divorce and its economic effects are contributing to the feminization of poverty in Canada.
61. Section 68 of the Bankruptcy Act enables a court to order a bankrupt person or his employer to pay a portion of his wages to the trustee in bankruptcy for purposes of ensuring the discharge of his family responsibilities. In Marzetti v. Marzetti, the Supreme Court of Canada was called upon to decide whether section 68 could be relied upon to order the Crown to pay part of the bankrupt's income tax refund to the Director of Maintenance Enforcement, for the benefit of his wife and children. In concluding that section 68 permitted such an order, the Supreme Court noted that public policy supported this interpretation, and referred in particular to the goal of defeating the role of divorce in the feminization of poverty, recognized in the Moge case.
62. In Alcoholism Foundation of Manitoba v. Winnipeg (City), the Manitoba Court of Appeal held that section 15 (equality) of the Canadian Charter of Rights and Freedoms was breached by zoning by"laws in Winnipeg restricting the location of group care and neighbourhood rehabilitation homes for the aged, convalescent or disabled persons, discharged penal inmates and persons recovering from alcohol or drug addiction. The Court stated that individuals living in group homes constitute a disadvantaged group under section 15 of the Charter. Leave to appeal to the Supreme Court of Canada was denied.
63. The case of Fernandes v. Manitoba (Director of Social Services) concerned an appellant confined to a wheelchair who resided in a hospital. With appropriate care, involving an attendant for 16 hours a day, he would have been able to live on his own, and he wished to do so. The Manitoba Court of Appeal held that the refusal of an additional allowance pursuant to the Social Allowances Act to permit him to hire a care giver and reside in his own apartment did not involve a breach of section 7 (security of the person) or section 15 (equality rights) of the Canadian Charter of Rights and Freedoms. On section 7, the Court noted that his basic needs were being met in the hospital. On section 15, the Court stated that he was unable to live in a community"based setting, not because of discrimination on the basis of disability, but rather because of his need for a care giver and his economic situation. Leave to appeal to the Supreme Court of Canada was denied.
64. In Dartmouth/Halifax County Regional Housing Authority v. Sparks, the Nova Scotia Court of Appeal held that provisions of the Nova Scotia Residential Tenancy Act, which gave residential tenants security of tenure after five years' possession, but expressly denied the benefit to public housing tenants, breached section 15. The plaintiff was a single black mother on welfare assistance. The Court relied on statistical evidence about the composition of the class of public housing tenants to conclude that the legislation discriminated on the basis of race, sex and income. The decision was not appealed by the AttorneyGeneral of Nova Scotia.
65. In 1993, in its list of issues regarding Canada's second report on articles 10"15, the Committee on Economic, Social and Cultural Rights requested information on the case of Clarke v. Peterborough Utilities Commission, involving recipients of social assistance who contested a policy requiring the payment of a cash security deposit from a residential tenant who could not show "a satisfactory payment history or other reasonable assurance of payment of future charges". At that time, the case had not been argued before the courts.
66. In 1995, the Clarke case was decided by the Ontario Court (General Division). The court held that the policy of the Peterborough Utilities Commission was invalid, because there were no clear criteria in place for its application, and therefore it was not authorized by the Public Utilities Act. The court declined to find a breach of section 7 (right to life and security of the person) or section 15 (equality rights) of the Charter. On section 7, the court stated that it does not guarantee economic and social rights devoid of any responsibility to prove oneself creditworthy. On section 15, the court stated that it had not been proven that the policy involved discrimination on the basis of ground covered by section 15. Reference was made to article 11 of the Covenant.
67. See also paragraphs 42 to 53 on social security.
68. In Ontario Nursing Home Association v. Ontario, the Ontario High Court held that a difference in the level of funding of extended care as between nursing homes and homes for the aged did not involve a breach of section 7 (security of the person) of the Charter, because the plaintiff had not established that he was not being adequately cared for in the nursing home.
69. In Brown v. British Columbia (Minister of Health), the British Columbia Supreme Court held that the refusal of the provincial government to fund experimental drug therapy for AIDS patients did not breach section 7, because the economic deprivation involved did not threaten the lives of AIDS patients; rather, it was their disease that did so.
70. In Rocket v. Royal College of Dental Surgeons of Ontario, the Supreme Court of Canada held that the prohibition of advertising by dentists, with certain limited exceptions, in the Ontario Health Disciplines Act infringed section 2 (b) (freedom of expression) of the Charter, and was not justifiable under section 1, because it was overly broad.
71. In RJR"MacDonald Inc. v. Canada (AttorneyGeneral), the Supreme Court of Canada held that the Tobacco Products Control Act, which regulated the advertisement of tobacco products and required unattributed health warnings (that is, not attributed to government) to be placed on them, did not involve a reasonable limit within the terms of section 1 of the guarantee of freedom of expression in section 2 (b) of the Canadian Charter of Rights and Freedoms. All judges acknowledged that protecting the health of Canadians was an objective of sufficient purpose for section 1 purposes. However, the Court was concerned that there was insufficient evidence that an absolute prohibition of tobacco advertising was necessary to achieve this objective, or that attributed warnings would be less effective. The Court referred to a number of international documents, including directives of the European Commission on Human Rights and the Council of Europe, and resolutions of the United Nations Economic and Social Council and World Health Assembly.
72. In Ontario (AttorneyGeneral) v. Dieleman, the Ontario Court (General Division) concluded that an interlocutory injunction prohibiting anti"abortion activity near abortion clinics and the residences of health care providers was a reasonable limit of free expression, as guaranteed by section 2 (b) of the Canadian Charter of Rights and Freedoms, because of the need to protect the physiological, psychological and privacy interests of women seeking abortions, and to protect health care providers from nuisance.
(i) Section 23 (minority language educational rights)
73. In Mahé v. AttorneyGeneral of Alberta, the Supreme Court of Canada held that section 23 of the Charter is a remedial provision aimed at preserving and promoting the two official languages of Canada by ensuring that each language flourishes, as much as possible, in provinces where it is not spoken by the majority of the province. The Court also held that the right of minority language groups to manage and control their own educational facilities was vital to ensuring the flourishing of their language. In the subsequent case of Reference Re Public Schools Act (Man.), the Supreme Court of Canada confirmed its 1990 decision in Mahé.
(ii) Section 2 (a) (freedom of conscience and religion) and section 15 (equality rights))
74. In Adler v. Ontario, the Supreme Court of Canada held that the funding of special health services for children with disabilities in public schools, but not in private denominational schools, did not violate section 2 (a) (freedom of religion) or section 15 (equality rights) of the Canadian Charter of Rights and Freedoms. The Court referred to section 29 of the Charter, according to which the Charter does not derogate from rights granted elsewhere in the Constitution. Furthermore, the Court stated that the decision was made pursuant to section 93 of the Constitution Act, 1867, which gives the provinces a plenary power in relation to education, as part of a historical compromise crucial to confederation.
75. In Eaton v. Brant County Board of Education, the Supreme Court of Canada held that a decision by educational authorities to transfer a child with cerebral palsy from a regular class room to a special education classroom, based on a consideration of the child's best interests, was not in breach of section 15 of the Charter.
76. In University of British Columbia v. Berg, the Supreme Court of Canada gave human rights legislation a broad application in one of the main areas covered by it, the provision of goods, services and facilities available to the public. The Court stated that it encompasses not just services and facilities available to all members of the public, but also to smaller, more restricted groups " for example, in the circumstances of that case, to services and facilities provided by a university to its students.
77. In Quebec (Commission des droits de la personne) v. St. JeansurRichelieu, Commission scolaire, the Quebec Court of Appeal held that the refusal to provide a full"time escort to an autistic child enrolled in a class for children with developmental disorders so that he could attend a regular class for reading violated section 10 of the Quebec Charter of Human Rights and Freedoms. Section 10 guarantees the right to the full and equal recognition and exercise of an individual's rights and freedoms without distinction on the basis of handicap. The Court stated that section 10 does not require full integration of disabled children into the regular classroom, but does require that school boards take such steps as are pedagogically and administratively realizable without undue hardship.
Article 15. Right to take part in cultural life, and to enjoy the benefits of scientific progress and the protection of authors' interests
78. Article 15 (1) (b) recognizes the right of everyone to enjoy the benefits of scientific progress and its applications. One mode of achieving this objective in Canada is through competition policy. In R. v. Nova Scotia Pharmaceutical Society, the Supreme Court of Canada upheld convictions of conspiracy to unduly lessen competition in the sale of pharmaceutical drugs contrary to section 32 (1) (c) of the Competition Act. The Court held that section 32 (1) (c) does not contravene section 7 (liberty of the person) of the Canadian Charter of Rights and Freedoms on the ground of vagueness. The Court noted that this section embodies one of the oldest and most important parts of Canadian public policy in the economic field.
80. During the period under review, the federal administration has undergone major structural changes. Among these, in 1993, the overall number of departments was reduced from 34 to 23, some agencies were eliminated and many government services were privatized. For instance, a new department of Human Resources Development Canada (HRDC) was created, integrating all the key elements at the federal level with respect to human development into one department. HRDC is primarily responsible for labour, employment, social security, and education and related issues. Many Crown corporations were privatized, including Air Canada, the Canadian National Railway and Petro"Canada. Some agencies were eliminated, such as the Economic Council of Canada, the Science Council of Canada and the Canadian Advisory Council on the Status of Women. Numerous programmes were either abolished or reduced.
81. Canada entered into the Canada"United States Free Trade Agreement (FTA) on 1 January 1989. This agreement was superseded by the North American Free Trade Agreement (NAFTA) between Canada, the United States and Mexico, which came into force on 1 January 1992, and expanded certain areas of the FTA. In 1994, the trilateral trade between the participating countries exceeded $509 billion (Canadian). Additionally, NAFTA side agreements have been reached on labour and environmental matters. The North American Commission for Labour Cooperation is based in Dallas, Texas, and the North American Commission for Environmental Cooperation is based in Montreal, Quebec.
B. Changes to transfer payments to the provinces and territories for social services
82. Social programmes reflect values that Canadians share, such as equality of opportunity, compassion for the underprivileged and protection of the vulnerable. As confirmed by the 1996 speech from the throne and by the budget, the Government of Canada recognizes that it has an important contribution to make in preserving and modernizing Canada's social safety net to ensure that it remains sustainable for those who need support now as well as in future generations.
83. As announced in the Government's 1995 budget, the Canada Health and Social Transfer (CHST) replaced the Canada Assistance Plan (CAP) and Established Programs Financing (EPF) effective 1 April 1996. The 1995 budget also announced a funding reduction of $2.5 billion in 1996/97 and $4.5 billion in 1997/98, in recognition that major transfers to the provinces and territories could not be exempted from overall reductions that were necessary in the face of continuing high deficits reaching almost 6 per cent of GDP in 1993/94. By consolidating federal support for post"secondary education, health, social services and social assistance, provincial and territorial governments have been provided greater flexibility to design and administer social programmes and to better address the needs of all Canadians. Compared to previous programme"specific approaches, this flexibility will allow provinces and territories to allocate resources, where they believe they are most needed. As under the Canada Assistance Plan, the CHST continues to permit provinces and territories to design and implement their own programmes and programme parameters, including the establishment of welfare rates and eligibility criteria. It is also consistent with the division of responsibilities in the Canadian Constitution.
84. In May 1995, the Committee on Economic, Social and Cultural Rights received representations from Canadian non"governmental organizations expressing strong concerns that the CHST, if enacted, would result in serious contraventions of Canada's obligations under the Covenant. Having carefully considered this matter, the Committee Chairperson wrote to the Permanent Representative of Canada to the United Nations Office at Geneva noting that the Committee would welcome observations by the Government of Canada on this matter in the context of the present report, the next periodic report under the Covenant.
85. With respect to issues raised concerning national principles for health programmes funded through the CHST, the Government has made it clear that it intends to make no change to the basic criteria and conditions of the federal legislation, the Canada Health Act. The requirements of this legislation will continue to be enforced by withholding funds, if necessary. Furthermore, under the CHST, full contributions to the provinces and territories require " as did the rules of CAP " that social assistance be provided without any minimum residency requirement. The CHST legislation clearly sets out the enforcement regime, including a CHST cash reduction, that underlies this condition.
86. As laid out in the CHST legislation and the 1996 speech from the throne, the Government of Canada will work with the provinces and Canadians to develop, by mutual consent, the values, principles and objectives that should underlie, first, the Canada Health and Social Transfer and, building on this, the social union more generally. Further to the First Ministers Conference held in June 1996, federal, provincial and territorial governments will work together to build upon the work done by the provinces and territories through the Ministerial Council on Social Policy Reform and Renewal. A variety of social policy areas will be looked at, including principles and objectives for the CHST, and efforts in response to the issues of child poverty and support to disabled persons. Federal, provincial and territorial governments are committed to genderimpact analysis and to applying principles of gender equity to social reforms.
87. The CHST consists of tax points and cash transfers. A five"year legislated funding arrangement provides funding to the provinces that is stable, predictable and sustainable. The non"governmental organizations that made representations to the Committee expressed concern over future reductions in federal transfers and uncertainty regarding the cash floor of the CHST. In 1996, the budget of the Government of Canada set out a five"year funding arrangement through which transfers are maintained and then grow. CHST entitlements are set at $26.9 billion in 1996/97 and $25.1 billion in 1997/98, and will be maintained at the 1997/98 level of $25.1 billion in 1998/99 and 1999/2000. For 2000/01, entitlements will grow at 2 per cent less than the growth rate of GDP. The rate of entitlement growth will then accelerate in 2001/02, when growth will be at the GDP rate minus 1" per cent, and in 2002/03 when growth will be at one precent less than the growth rate of GDP. The resumption of entitlements growth is projected to first stabilize, and then restore growth in the CHST cash component. To provide additional security against unexpected economic fluctuations, a legislated cash floor will ensure that the CHST cash component will total at least $11 billion a year throughout the five"year fiscal arrangement. Thus, the provinces and territories will benefit, not only from the growing value of the cash and tax component, but from the cash guarantee as well.
88. The Government of Canada has written to many non"governmental and Aboriginal organizations, inviting them to give their views on the issues to be covered in the federal portion of the present report. These organizations were invited to provide the names of other organizations that might be interested or to forward to them a copy of the Government's letter.
89. Responses were received from the following organizations: the Canadian Association of Food Banks, the Canadian Association of the Non"Employed, the Canadian Council on Social Development, the Child Care Advocacy Association of Canada, the Child Poverty Action Group (Ottawa"Carleton Chapter), the Edmonton Gleaners Association (Edmonton Food Bank), the National Council of Women of Canada, the National Anti"Poverty Organization and the Ontario Social Development Council.
90. Most of the observations made by the non"governmental organizations (NGOs) deal with the changes made by the federal Government to transfer payments to the provinces and territories; it should be noted that these responses were received prior to the 1996 speech from the throne, which reiterated the Government's commitment to develop, with the provinces, principles, values and objectives to underlie the CHST, and prior to the 1996 federal budget, which announced five"year funding for the CHST. The NGOs expressed concern that the replacement of the Canada Assistance Plan by the Canada Health and Social Transfer and the reductions in the amount of transfers to the provinces and territories would result in lower welfare payments to people in need, a general reduction in social services, and increased poverty in Canada in general, and especially as regards lone"parent families and children. Some organizations are concerned that, because the new transfer payments will not be made subject to some conditions, except for the non"residency requirement, provinces and territories might adopt measures that will contravene Canada's obligations under the Covenant.
91. Some of these NGOs regret that a national child care programme " a system of high"quality care, available to all children " has not yet been established to enable all parents to seek and keep employment and to complete their schooling. Most NGOs advocate the development of a non"profit, comprehensive, affordable child care system that is accessible to every Canadian family who wishes to use it. One organization fears that access to health care will be reduced and that provision of health care will be determined by income rather than by need.
92. Another group believes that the federal Government has been unsuccessful in creating jobs and, while recognizing efforts made to review training programmes, regrets that access to employment insurance was reduced.
93. The comments received from these organizations were taken into consideration in the preparation of the federal section of the present report and in the review of jurisprudence. All the contributions received are being forwarded to the United Nations along with this report. Copies of all the contributions received were forwarded to the federal departments and agencies with the main responsibilities for the implementation of the Covenant. Because many comments received pertained to areas of provincial and territorial jurisdiction, copies of all the contributions received were also forwarded to all provincial and territorial governments through their representatives on the Continuing Committee of Officials on Human Rights.
94. Following the review of Canada's second report on articles 10 to 15 of the International Covenant on Economic, Social and Cultural Rights, in May 1993, the Committee on Economic, Social and Cultural Rights issued concluding observations (E/C.12/1993/5), which were transmitted to the Government of Canada. The Committee commended Canada for its excellent report. It noted with satisfaction a number of programmes and initiatives implemented with a view to strengthening protection of human rights and noted significant progress in many areas covered by articles 10 to 15. The Committee expressed some concerns, however, on a number of issues, given representations made by some NGOs with respect to the implications of some of the rights of the Covenant. As requested by the Committee, Canada has agreed to provide information about the developments and measures taken with regard to the issues raised and recommendations made in paragraphs 14 to 32 of the concluding observations. These issues and recommendations are addressed throughout the present report.
95. Canada is aware of the difficulties that some Canadians are still facing following a recent recession " especially unemployment or low income " and is working to secure an economic recovery mainly through job creation. Canada is also very concerned at the increasing number of Canadians who live in difficult conditions and is committed to working on these problems on all fronts, as explained in the present report.
96. It is important to stress that there is an ongoing debate on an appropriate definition and measure of poverty. Both absolute and relative measures of poverty are currently used in Canada. The most prevalently used measure of poverty is Statistics Canada Low"income Cut"offs (LICOs), a series of estimates classified by family size and location that set a low income cut"off which is useful in tracking trends in the incidence of low income. Statistics Canada has repeatedly stated publicly that these LICOs are not meant to act as poverty lines, although they are commonly used as such by many academics and social policy organizations, as well as by the media and anti"poverty advocates.
97. In Canada, a system of federal, provincial and territorial government programmes and services provides income assistance and social services to disadvantaged and vulnerable Canadians. Federal expenditures include: direct income support to seniors, families " especially those with children, persons temporarily unemployed and students; transfer payments to provincial and territorial governments to support their programmes of social assistance (which aims to provide income support for meeting basic needs such as food, shelter, utilities, etc.), services, post"secondary education and health care; and a wide range of labour"market training, supports to employment, programmes in support of disabled persons, as well as tax measures (e.g. credits). Provincial and territorial governments are primarily responsible for the design and delivery of education (including training), health and social supports. For further information on federal programmes, see paragraphs 180"222 of the federal section on the right to social security; the protection of family, children and mothers; the right to an adequate standard of living; and the right to health.
98. In addition, specific programmes have been developed to respond to challenges of poverty and hunger. For example, investment in children was identified as a national priority by Canada's First Ministers in June 1996. Since then, the Government of Canada has been working together with provincial and territorial governments on options to develop a national child benefit system. The goals of the national programme are to reduce child poverty, promote workforce adjustment and reduce government overlap and duplication. In doing so, it will help address concerns about benefit disparities in the current system of income support programmes for low"income families and children. Under the new system, the federal Government would introduce an enriched Canada child tax benefit, while provinces and territories would redirect some of their spending to improve services and benefits for low"income families with children. In the 1997 federal budget, the Government of Canada made an initial and ongoing commitment to initiate the development of a national child benefit system. It outlined a two"step enrichment of the current $5.1 billion child tax credit, to create a new $6 billion Canada child tax benefit (see paragraphs 187"191). The $850 million increase in federal annual spending includes $600 million in new funds in addition to the $250 million increase in the working income supplement proposed in the 1996 federal budget (see paragraph 190). The Government of Canada will continue to work in partnership with the provinces and territories in the development of the national programme, with implementation expected in July 1998.
99. The new Employment Insurance Programme introduced in July 1996 is another example of the approaches taken by Canada to respond to the challenges of poverty and hunger. The new programme is designed to help unemployed Canadians get back to work and includes measures to protect low income claimants, particularly those with children, through an innovative family income supplement. The new family income supplement is aimed at claimants in families who receive the child tax benefit and have an annual family income below $26,000. The new hours"based system will also be more equitable for women (see paragraphs 202"211).
100. Additional labour initiatives include the Labour Force Development Strategy, in which $3.8 billion were spent in 1993 on training and adjustment programmes to help Canadians get back to work (see details in paragraphs 212"218). Moreover, projects such as the New Brunswick SelfSufficiency Program and British Columbia Skills Now, funded by the federal Government, assisted many social assistance recipients to return to work, most of whom were single mothers (paragraph 1233 of the New Brunswick section and paragraphs 443"448 of the British Colombia section).
101. Another approach by the Government of Canada to alleviate poverty and hunger includes "Brighter futures", which is a series of initiatives introduced by the Government in close partnership with the provinces, territories, First Nations, communities and non"governmental organizations to better meet the needs of Canada's children. The children's initiative supports families and children most in need (see paragraph 312). One of its key components is Canada's Plan for Action, mentioned in paragraph 227, which has been praised by UNICEF as one of the best examples of a national plan of action prepared in the industrialized countries.
102. The guaranteed income supplement for seniors described in paragraphs 192"197 has also helped improve the situation of at least 14.3 per cent of seniors between 1980 and 1990.
103. Greater emphasis has been placed on housing issues in the present report. An overview can be found in paragraphs 269 to 293. In addition, the national housing agency, Canada Mortgage and Housing Corporation, has prepared a special background report, which presents information on such issues as homelessness, measurement of housing needs, housing"related expenditures by governments, and specific actions taken to facilitate broad access to quality, affordable housing.
104. Paragraphs 7 and 8 above explain how the Canadian Charter of Rights and Freedom has enhanced the protection of the rights guaranteed in the International Covenant on Economic, Social and Cultural Rights, especially with respect to the right to an adequate standard of living. The role of governments in litigation is dealt with under paragraphs 9"10. The application of human rights legislation is described in paragraphs 14 to 16. Information concerning training of the judiciary can be found in paragraphs 17"19.
105. The Court Challenges Programme was reinstated in 1993. Funded by the federal Government but administered by a non"profit independent agency, the Programme is designed to clarify language and equality rights guaranteed under Canada's Constitution and enable equality"seeking and official minority"language groups and individuals to pursue their legal and constitutional rights through the courts (see paragraphs 11"13).
106. Canada participated actively in the World Summit for Social Development held in March 1995 and has endorsed the Declaration and Programme of Action adopted at the Summit.
107. In preparation for the Summit, the Department of Foreign Affairs and International Trade, which had overall responsibility for Canada's participation in the Summit and for its follow"up, set up an interdepartmental committee to exchange information and seek other departments' views. The Canadian International Development Agency, for the international aid dimension, and the Department of Human Resources Development, for the domestic side, were the two main partners of the Department of Foreign Affairs and International Trade in this undertaking.
108. The provincial and territorial governments were informed of the Summit and they were invited to an information meeting held in Ottawa in 1994. Also, in preparation for the Summit, a group of Canadian NGOs formed a coordinating committee made up of the Canadian Council for International Cooperation, the United Nations Association in Canada, the National Anti"Poverty Organization and the Canadian Council on Social Development. This committee carried out a consultation in Canada and expressed NGOs' concerns regarding social development. The committee was disbanded after the Summit; however, the NGOs continue their involvement and are keenly interested in the follow"up to the Summit.
109. Canada played a leadership role in the preparation for and during the Fourth World Conference on Women, held in Beijing, in September 1995.
110. The Canadian delegation went to Beijing determined to do its part to achieve a strong, pragmatic plan of action to advance women's equality worldwide. The Platform for Action, the final document adopted at the Conference, is exactly that. Women have made significant gains, especially in the Platform's recognition of women's human rights, their reproductive rights, the value of their unpaid work and the need to address violence against women. Canada played a leading role on many of these issues.
111. The federal Government is committed to implementing the Platform for Action. In Canada, the cornerstone for the Platform's implementation is the document, "The Federal Plan for Gender Equality: Setting the Stage for the Next Century". The Plan outlines the Government's specific commitments to advance women's health, economic and cultural equality, to reduce violence and to broaden access to decisionmaking at all levels.
112. Among the Plan's key elements is a requirement for a gender"based approach to policymaking to ensure that future federal policy development and analysis are undertaken with an appreciation of gender differences and a respect for diversity.
113. Canada subscribes to the principles set forth in this article.
Article 2. Rights specifically subject to non"discrimination provisions
114. In June 1996, Parliament enacted Bill C"33, which added sexual orientation to the Canadian Human Rights Act as an express prohibited ground of discrimination. The Canadian Human Rights Act has been under review with respect to a number of other areas: the nature and scope of legal obligations under the Act, including the duty of accommodation; administrative structures; the role of the Canadian Human Rights Commission, in particular with respect to systemic discrimination; process and procedures; and remedies for discrimination. The timing and process for reviewing and making further changes to the Act are currently being examined.
115. With regard to the expansion of the role of women in the Canadian Armed Forces, the following steps have been taken: in October 1987, all restrictions on the employment of women in flying duties in the Canadian Forces were removed; in February 1989, as a result of a Human Rights Tribunal decision, all restrictions on the enrolment of women in the Canadian Forces were removed with the exception of employment in submarines; in February 1990, the Minister's Advisory Board on Gender Integration in the Canadian Forces was formed to monitor the full integration of women in the Canadian Forces. The proportion of women serving in the Canadian Forces increased from 9.5 per cent in 1987 to 11 per cent in January 1995.
116. Finally, as a result of the enactment of pension reform legislation in 1992, the Public Service Superannuation Act now applies to part"time employees.
Development cooperation
117. Canada's development assistance strategy is consistent with the principle of promoting the realization of economic, social and cultural rights as explained in Canada's second report on articles 10"15 of the Covenant (paragraphs 79"82).
118. The information requested in paragraphs 2 and 3 of the current guidelines has been provided, for the most part, in Canada's previous reports under the Covenant. For information on the right to work, please refer also to the following reports submitted to ILO:
Report on the Employment Service Convention for the period 1 July 1989 to 30 June 1993 (pages 1"11);
Report on the Convention on the Elimination of all Forms of Discrimination against Women for the period from 1 January 1991 to 31 March 1994 (pages 2, 8, 18, 20"21, 24"26).
Right to gain a living by work freely chosen
119. The Government of Canada recognizes that a more productive and innovative economy is the key to ensuring that there is work for those who want it. Hence, the Government's strategy has been to ensure that public policies contribute to an environment that supports job creation in the private sector. The Government's role in this context is to support those who are responsible for creating jobs in the new economy " business, labour and individual Canadians. The main components of the Government's job"creation strategy are: a stable macroeconomic policy, actions to promote the demand for labour through the growth of private"sector businesses, actions to promote the supply of labour through enhanced skills in the workforce, and actions to more effectively match the supply of and demand for labour.
120. The Government of Canada's macroeconomic (monetary and fiscal) policies are focused on building confidence in the economy and ensuring the sustainability of high"priority government programmes. Fiscal policy actions are bringing the Government's annual budget deficits towards more sustainable levels by, for example, ensuring that new programmes are funded by reallocating resources to their highest"priority and most effective uses, and by reducing the amount of overlap and duplication within and between levels of Government. The Government is on track to reduce the deficit from 6 to 3 per cent of GDP within its first three years, and its deficit target of 1 per cent of GDP for 1998/99 represents an expected reduction of almost 80 per cent over five years. The Government's monetary policy is focused on keeping the annual rate of inflation between 1 and 3 per cent; this will encourage investment by keeping interest rates as low as possible.
121. The Government of Canada is encouraging greater demand for labour through a wide range of microeconomic policy actions. These include: improving access to investment capital, particularly for small businesses and exporters; improving access to business information; and promoting science and technology and the growth of high"technology industries. Steps are also being taken to make it easier for businesses to operate by, for example, reducing the paper and regulatory burden, and by setting or updating the policy and regulatory frameworks for emerging or key sectors to support their future development. In addition, the payroll tax levied for employment insurance has been reduced and the 1996 budget launched a review of tax laws that most affect job creation, including corporate income, capital and payroll taxes.
122. Efforts have also been made to expand trade opportunities for Canadian businesses by liberalizing trade between Canadian provinces and territories, and by aggressively pursuing the reduction of international trade barriers through the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO).
123. The Government of Canada has directly promoted job creation through a $6 billion joint federal"provincial"territorial"municipal infrastructure"improvement programme that was recently extended with an additional $425 million in federal funding for 1997/98 to bring its total funding to $600 million in that year. Under the new Employment Insurance Programme, several employment benefits, including targeted wage subsidies, self"employment assistance and job creation partnerships, will help people find or create their own jobs. Funding has also been increased to help young Canadians get valuable work experience. A new Youth Employment Strategy is building on new and existing funding and will create over 110,000 work experience opportunities for young people.
124. The Government is also promoting a stronger supply of labour by promoting improved skills in the workforce and by reducing the disincentives to work. The federal Government, in partnership with business and labour, continues to expand the Sectoral Partnerships Initiative, which is ensuring that Canadians in key economic sectors have the right skills for the new economy.
125. The Government of Canada has made changes to certain social programmes to reduce disincentives to work. Changes to the Employment Insurance Programme now encourage workers to work longer before collecting benefits and penalize workers who use the system on an annual basis, and additional support is being provided to help unemployed workers to re"enter the labour market. Benefits have also been increased under the Working Income Supplement, which helps low"income families meet some of the extra costs related to participation in the paid labour force, such as transportation to work and child care expenses.
126. The federal Government has taken steps to ensure that those who want work are able to find out about opportunities and take advantage of them. An electronic bulletin board, the Electronic Labour Exchange, was established to help people match their skills with jobs available in Canada. In addition, the recent agreement governing trade between provinces includes provisions to reduce barriers to mobility of workers across provincial borders.
Discrimination in employment
127. The Canadian Human Rights Act prohibits discrimination in employment as explained in previous reports. The Canadian Human Rights Commission continues to promote the principles of the Act and to process complaints of discrimination of its provisions. Details of the operations of the Commission can be found in its annual reports.
Employment equity
128. Employment equity in Canada is the subject both of legislation (the Employment Equity Act) and of non"legislated federal contracting policy (the Federal Contractors Programme). A new Employment Equity Act was adopted by Parliament in 1995. The new Employment Equity Act and related regulations were proclaimed and came into force on 24 October 1996.
129. Under the 1986 Act, the Canadian Human Rights Commission investigated complaints and initiated voluntary reviews with employers. For a detailed overview of the Commission's employment equity activities up to 1995, please refer to the following publication published by the Commission in 1994, and amended in 1995: The Canadian Human Rights Commission and Employment Equity.
130. The new Employment Equity Act strengthens considerably the Employment Equity Act of 1986. The new Act continues to apply to private"sector employers under federal jurisdiction and Crown corporations with 100 employees or more. It also expands coverage to the federal public service. The Canadian Forces and members of the Royal Canadian Mounted Police will be subject to the Act upon order of the Governor in Council.
131. The new Act provides for enforcement of employer obligations by giving the Canadian Human Rights Commission a specific legislative mandate to monitor and verify compliance through on"site employer audits. Employers have 12 months to prepare for the audit process established by the new Act. During this time, the Commission is preparing for its new audit responsibilities, and is conducting test audits with a small group of employers in the private and public sectors. Additionally, the Commission has consulted on its audit process with interested groups from both the private and public sectors, including advocacy groups, employer and employee organizations and labour, and is preparing documents outlining the audit framework and the criteria to be used to measure compliance. The new Act creates an Employment Equity Review Tribunal with the power to issue court"enforceable orders. Core employer obligations are clarified in the new Act. An administrative penalty replaces the current criminal proceedings for the failure of a private"sector employer to submit the required annual employment equity report to the Minister of Labour.
132. The Federal Contractors Programme applies to contractors doing business with the federal Government, who are not under federal jurisdiction (and are therefore not covered by the Employment Equity Act), who employ 100 or more employees and who have contracts valued at $200,000 or more. Under this programme, contractors are required to develop and implement employment equity plans to address under"representation in their workforce of four designated groups shown to experience disadvantage in employment " women, members of visible minorities, Aboriginal peoples and persons with disabilities. They must meet 11 criteria to be found in compliance with the requirements of the programme. If they fail to meet these criteria, they may be prohibited from bidding on future contracts.
133. Under the new Employment Equity Act, the requirements of the Federal Contractors Programme with respect to the implementation of employment equity must be equivalent to those imposed on employers subject to the Act itself.
134. In addition to changes to the Employment Equity Act, the Public Service Employment Act and the Public Service Employment Regulations were amended in 1993 to provide a legislative basis for employment equity programmes in the federal public service. Amendments provided for a definition of "employment equity programme", establishment of different selection criteria for members of employment equity groups to facilitate their representation in the public service and for the establishment of a priority for the reintegration of employees who become disabled and are no longer able to carry out their functions.
135. The Government is also using technology to further employment equity objectives by introducing "Diversity on"line" and is partnering private"sector organizations to develop a computer interface to assist those with accessibility limitations.
Support for persons with disabilities
136. The Vocational Rehabilitation of Disabled Persons (VRDP) Act enables the Government of Canada, under time"limited agreements, to contribute 50 per cent of approved costs incurred by provinces and territories in providing a comprehensive programme to enable persons with disabilities to pursue employment. Goods and services provided include: assessment, counselling, training, employment placement, maintenance or training allowances, technical aids, books and equipment. Expenditures in respect of 1994/95 were $168 million.
137. The three year VRDP agreements have been extended an additional year to 1998 at a level of $168 million. The extension will enable the Government of Canada to work collaboratively with provincial and territorial governments and the disability community to redesign the programme to better equip persons with disabilities to enter the mainstream workforce.
138. A Federal Task Force on Disability Issues was appointed in June 1996 to consult with the disability community, and has provided policy recommendations. As a result, the VRDP programme described above has been extended and a number of initiatives which constitute part of the Government of Canada's response to the Task Force report were announced in the 1997 federal budget. The measures reflect the report's two key thrusts: increasing tax recognition of the cost of disability and reducing barriers to employment for people with disabilities. As such, the 1997 budget includes a number of tax measures, tariff relief and a new Opportunities Fund of $30 million a year over three years. The Fund will help to develop strategies that reduce barriers to participation for Canadians with disabilities who are seeking to move from reliance on social assistance to greater financial independence. In addition, the federal Government will maintain funding to non"governmental organizations representing persons with disabilities.
Protection against arbitrary termination of employment
(i) Protection against unjust dismissal
139. Division XIV of Part III of the Canada Labour Code provides a procedure for making complaints against a dismissal that an employee considers to be unjust. All employees (managers excluded) who have completed 12 consecutive months of continuous employment with the same employer and who are not subject to a collective agreement are covered by the Code's unjust dismissal provisions. The complaint must be lodged no later than 90 days from the date of the dismissal. Once a complaint is received, government officials will attempt to resolve the dispute. Where this is not possible, the Minister of Labour may appoint an adjudicator to settle the matter. The adjudicator's decision is final.
(ii) Termination of employment
140. Division X of Part III of the Code requires employers to give individual employees two weeks' written notice of termination, or two weeks' pay in lieu of notice, except where the employee is dismissed for just cause. Employees must have been continuously employed for at least three months to qualify for notice of pay in lieu.
141. If an employer intends to terminate the employment of 50 or more employees in an industrial establishment within any four"week period, Division IX of Part III of the Code requires that at least 16 weeks' advance notice be given in writing to the Minister of Labour, the Department of Human Resources Development and any trade union recognized as the bargaining agent for the affected employees. Where there is no bargaining agent, notice must be given directly to the employees.
142. An employer who gives notice of a group termination is also required to establish a committee of employer and employee representatives for the purposes of developing an adjustment plan to reduce the impact of the termination upon the affected employees.
(iii) Technological change
143. In addition to the measures mentioned in previous reports, it should be noted that the Canada Labour Code, Part I, contains specific provisions concerned with the introduction of technological change. An employer is required to give 120 days' notice to the bargaining agent of a proposed technological change that is likely to affect the terms and conditions of employment or the employment security of most employees. This notice is to be in writing and is to contain the nature of the technological change, the date on which the employer proposes to effect the change, the approximate number and type of employees likely to be affected, and the effect that this change is likely to have on the terms and conditions of employment and employment security.
Elimination of discrimination in the workplace
144. Human rights legislation may be invoked in relation to employment practices, including hiring and firing in the workplace. Various courts and tribunals have recognized infection with HIV/AIDS as a "physical disability" within the meaning of the Canadian Charter of Rights and Freedoms or the Canadian Human Rights Act. This guarantees persons living with HIV/AIDS the right to protection against discrimination based on the state of their health. "Disability" includes those who are asymptomatic, as well as those who associate with persons who are living with HIV/AIDS.
145. As there are prejudices that associate HIV/AIDS with homosexual persons, the prohibition against discrimination on the basis of sexual orientation provides additional protection. The Canadian Human Rights Act was amended in 1996 to add sexual orientation as a protected ground of discrimination.
146. In 1994, the Treasury Board adopted a policy on HIV/AIDS in the workplace which applies to all employees of the Public Service of Canada. The policy states that employees with HIV infection or AIDS do not pose a health risk to others in most work environments. Employees living with HIV/AIDS are encouraged to remain productive as long as they are able and they are not to be discriminated against. All departments are required to ensure that the rights and benefits of employees living with HIV/AIDS are respected. As with other health conditions, reasonable employment accommodation up to the point of undue hardship should be made for employees with HIV/AIDS infection. The policy states that mandatory testing as a condition of employment must not be carried out in the public service.
Non"discriminatory practices
147. The guidelines for this report require information concerning cases for which a distinction is not considered discriminatory, owing to the inherent requirement of the job. By virtue of section 15 of the Canadian Human Rights Act, the following situations do not constitute a discriminatory practice when:
Remuneration
148. For information provided to the ILO on this question, please refer to the following reports:
149. Information on the principal methods used for fixing wages was provided in Canada's first report on articles 6 to 9 (pages 39"42).
150. Part III of the Canada Labour Code gives the federal Government authority to set a minimum wage for employees who work for employers under federal jurisdiction. The minimum wage was set at $4.00 an hour in 1986 and had not been changed until September 1995, when the Government announced increases to the minimum wage which became effective in mid"1996. The new federal rate is adjusted to the rate established in each province and territory; however, only the rates applying to adult workers are adopted; lower rates for young workers and other categories of workers that may exist do not apply to employees under federal jurisdiction.
151. Historically, the federal minimum wage rate was uniform throughout the country. However, most employers under federal jurisdiction have adjusted their minimum wage to those applied in the province or territory where they operate.
Equal remuneration for work of equal value
152. As mentioned in previous reports, the Canadian Human Rights Act and the Canada Labour Code protect employees who work in the federal jurisdiction from gender discrimination in pay.
153. The Canadian Human Rights Commission continues to promote respect for the equal pay provisions of the Canadian Human Rights Act and to investigate complaints made under these provisions. The Commission reports that, since 1987, it has resolved about 118 complaints. Total compensation payments equate roughly to $950 million, mostly paid for equalization to federal public employees since 1985. At the end of 1996, 18 complaints were under investigation, 4 at conciliation, 7 at Tribunal, 3 at Federal Court, and 1 being monitored because of a Tribunal order. Similar complaints have been grouped to facilitate and expedite the processing of complaints. While acknowledging that the complaint procedure has had some commendable results in individual cases, the Commission has expressed the view that the Canadian Human Rights Act should be amended to require that employers take the initiative in eliminating sex"based inequities from their compensation systems. The Government of Canada is examining the recommendations of the Commission, taking into account the progress made in implementing pay equity at the federal level.
154. The Labour Programme of Human Resources Development Canada (formerly Labour Canada) operates a proactive programme to ensure pay equity in the federally regulated establishments. As at the end of 1994, officials of the Department had visited some 1,250 employers under federal jurisdiction who employ a significant number of the total number of employees covered by the federal equal pay legislation, to offer advice and counselling and to monitor progress towards implementation. While the legislation does not require employers to report the amounts of pay equity adjustments, some 47 employers voluntarily reported $38.9 million in adjustment as at April 1995. Some cases were referred to the Canadian Human Rights Commission for investigation and were resolved.
155. In 1991, the Department launched a major review of pay equity compliance by federally regulated employers. The review was based on a 10 per cent sample of the employers being monitored by the Department. Eighty"eight per cent of the employers surveyed reported that the implementation process was complete or at various stages of completion. The results of this review have been described in the 1993 report to the International Labour Organization on the Equal Remuneration Convention. Following this review, two new measures were implemented. First, the Department established equal pay standards, which set "reasonable time frames" within which employers are expected to complete all phases of the implementation of equal pay; the time frames vary from three to five years. Second, in 1994, the Department introduced a pay equity audit process to verify the actions of employers who report having completed their implementation and to work with those employers to resolve any identified gender"based pay inequities.
156. With respect to the public service, the Treasury Board continues to implement equal pay for work of equal value between men and women (pay equity). Over the years, substantial progress has been made, with significant amounts of money spent on pay equity adjustments. Moreover, a major settlement was reached in early 1995 with the Professional Institute of the Public Service of Canada. However, complaints filed by the Public Service Alliance of Canada are still pending before the Human Rights Tribunal, and a final decision is expected in 1997. A number of individual and collective equal pay complaints are currently before the Canadian Human Rights Commission, and the Treasury Board is cooperating in their investigation.
157. The Women's Bureau of the Department of Human Resources Development has undertaken a series of projects related to the issues of equal pay for work of equal value. In March 1991 and 1994, the Bureau and Statistics Canada released a publication Women in the Labour Force, which examines the situation in Canada regarding trends in women's labour force participation, differences in earnings of men and women, women's educational attainment, and maternity and Canada and Quebec Pension Plan benefits. The publication also provides information on unionization and pension plans, and contains a section on employment and earnings of women in the federal jurisdiction.
Conditions of work
158. Under the Canadian Human Rights Act, establishing conditions of work for women that are inferior to those enjoyed by men would be illegal. Such conditions of work could be the objects of complaints under the Act and declared illegal.
Safe and healthy working
159. The occupational safety and health provisions of the Canada Labour Code (now Part II of the Code) are currently being revised, as well as the occupational safety and health regulations adopted under the Code. A tripartite consultation process is the method by which these revisions are being made. Government representatives, along with representatives of employers and employees, are meeting to formulate revisions that will cover industry compliance and safety demands.
160. The Government has formulated a compliance policy to guide compliance activity under the Canada Labour Code. The policy describes the methods used to inform employers and employees within the federal jurisdiction, and assist them in obeying the law. It is published so that employers and employees will know how the Code is administered. The policy strives to create consistent, effective and cost"efficient compliance activities, while employing graduated measures to deal with non"compliance. Among other activities to promote compliance are: tripartite consultation on regulations; safety audits; inspections; development of internal safety and health programmes by industry; the right to refuse work; and hazardous"occurrence investigations. The compliance policy is based on the assumption that the majority of regulatees will comply voluntarily with safety regulations. Non"compliance is dealt with through directions and prosecutions. A convicted offender faces fines, imprisonment or a combination of the two.
161. Harmonization of federal, provincial and territorial occupational safety and health regulations is presently being promoted by the Labour Component of the Department of Human Resources Development. If regulatory harmonization can be achieved, then administrative harmonization can also be pursued. The Department is a member of the Canadian Association of Administrators of Labour Legislation (CAALL). This group works with the provinces and territories to promote harmonization of labour legislation. The Workplace Hazardous Materials Information System (WHMIS), enacted in 1988 and described in paragraphs 153"154 of Canada's second report on articles 10 to 15 of the Covenant, a CAALL initiative, is one example of successful harmonization within Canada.
162. Harmonization is also being sought on an international scale. For example, legislation similar to WHMIS exists in other countries, such as the United States and countries that are members of the European Union. Canada hopes to achieve harmonization on hazardous materials information legislation with these trading partners.
163. In 1993, Canada ratified International Labour Organization Convention No. 147 on Minimum Standards in Merchant Ships. As a result, Canadian authorities can now inspect living and working conditions for seafarers aboard foreign ships in Canadian ports. They can take action where they find evidence of substandard, unsafe and unhealthy working situations on these ships. In the first year since the Convention came into force for Canada (on 25 May 1994), Canadian authorities have detained many ships until suitable corrections were made.
164. Ratification of the Convention was made possible after extensive consultations with all the stakeholders, including labour and industry, as well as the provinces and territories. Crews aboard Canadian ships already enjoy standards that are in line with and usually exceed the provisions of Convention No. 147. (For details on the application of this Convention, please refer to Canada's report to the International Labour Organization for the period 1 July 1994 to 30 June 1995.)
165. The Canada Occupational Safety and Health Regulations under the Canada Labour Code require all employers to investigate, record and report annually on all occupational injuries in their workplaces. The Occupational Safety and Health Directorate of the Department of Human Resources Development compiles these data and publishes them periodically. Additional data are supplied by public service and Crown corporation employers.
166. During the period from 1990 to 1994, on average, 1 federal jurisdiction private and Crown corporation sector worker in 12 had an occupational injury every year; 1 in 28 was injured severely enough to lose at least 1 day of work; and 1 out of 19,955 workers died as a result of an occupational injury. In the public service, from 1990 to 1994, on average, 1 out of 20 employees had an injury, 1 out of 49 had a disabling injury, and 1 out of 48,775 died from an injury.
Equal opportunity for promotion
167. In 1993, the Department of Human Resources Development hosted a workshop on "Women in non"traditional occupations". Representatives from labour and business provided direction as to initiatives needed to address the retention of women in non"traditional occupations.
168. This was followed up with a round table in 1994 with women's groups in the trade, operational, science and engineering sectors, unions, employers and government representatives to discuss strategies for the recruitment and retention of women in these occupational categories. The round table raised many issues that impact on women's advancement opportunities, including isolation due to high male representation in occupational categories, harassment based on gender, and differential treatment with regard to training that is essential for entry"level positions and for promotions. Marginalization, social exclusion and stereotyping were also identified as were ergonomic problems with such basic things as size of equipment in general, and adequacy or fit of protection or safety equipment. When all these barriers are taken into account, not only is recruitment and retention a problem, but promotional opportunities can also be threatened.
Rest, leisure, limitation of working hours, holidays with pay
169. The Canada Labour Code establishes a weekly day of rest, a minimum vacation of two weeks and nine general holidays. Hours of work are regulated by the requirement to pay an overtime rate after 8 hours in a day and 40 hours in a week. Maximum weekly hours are set at 48.
170. To accommodate the demands of specific industries such as road and rail transportation, special regulations permit longer standard and maximum hours, and for industries with seasonal variations in hours of work, averaging of hours is permitted. Also, to accommodate the wishes of employers and employees, modified work schedules have been permitted.
171. In 1993, the Code was amended to eliminate the need for several types of government permits: modifications to the hours of work, vacation and general holidays can now be made by agreement between employer and employees, as long as the basic standard is preserved. For example, an employer, with the agreement of a trade union representing affected employees, may now establish a four"day work schedule where the daily hours exceed 8 but weekly hours do not exceed 40. Similarly, the employer, with the agreement of 70 per cent of affected employees, may now substitute one holiday for another without having to apply for government authorization.
172. Collective bargaining for enterprises that come under federal jurisdiction in Canada is governed by Part I (formerly Part V) of the Canada Labour Code, which provides that "every employee is free to join the trade union of his/her choice and to participate in its lawful activities". In this context, "employees" is defined to include "any person employed by an employer and includes a dependent contractor", but excludes persons who perform management functions or who are employed in a confidential capacity in matters relating to industrial relations. Further information on the Code, as well as on the right to form and join trade unions and the right of trade unions to federate, to function freely and to strike, has been given in the 1980 report, and in several reports on ratified ILO Convention No. 87, in 1992, 1993, 1994 and 1996, as well as unratified ILO Convention No. 98 in 1992. Some nominative changes have been made to the Code, in particular: Part V is now Part I; sections 180"183 are now sections 89"93; and sections 184"189 are now sections 94"99.
173. During the period of concern, there were three legislative initiatives that further collective bargaining. These are described in the following paragraphs.
Adoption in December 1991 of an Act to Amend the Canada Labour Code (geographic certification)
174. This Act modified section 34 of the Canada Labour Code to clarify those provisions that permit the Canada Labour Relations Board to grant geographical certification to a trade union representing employees of two or more employers in a given geographical area in the longshoring industry, provided that the employers draw their employees from a common labour pool. When the Board grants a geographic certification, the employers of the employees in the bargaining unit are required to appoint an agent to act on their behalf, and to authorize the agent to discharge the duties and responsibilities of an employer under Part I of the Code.
Adoption in June 1992 of the Status of the Artist Act
175. This Act establishes the framework for a collective bargaining regime for professional artists, working as independent contractors in the federal jurisdiction. The new framework does not apply to persons holding employee status under Part I of the Canada Labour Code or under the Public Service Staff Relations Act.
Adoption in June 1993 of an Act to Amend the Public Service Staff Relations Act (directed vote) and the Canada Labour Code
176. This Act amends Part I of the Canada Labour Code to provide an additional mechanism which could assist in the settlement of collectivebargaining disputes. It allows the Minister of Labour to direct the Canada Labour Relations Board, or another person or body, to conduct a vote among employees in a bargaining unit as to their acceptance or rejection of the employer's last offer made to the trade union in settlement of all outstanding issues. These provisions would be invoked when the action is likely to result in the resolution of a collectivebargaining dispute where the public interest is affected.
177. Also, Part I of the Parliamentary Employment and Staff Relations Act, mentioned in paragraph 55 of Canada's second report on articles 6"9, was proclaimed in force on 24 December 1986. It confers collectivebargaining rights on employees of the Senate, the House of Commons and the Library of Parliament, subject to exclusions such as staffs of ministers and members of Parliament.
178. In the context of article 8.2 of the Covenant (imposition of lawful restrictions ...) and in a very limited number of cases, emergency legislation to ensure resumption of services has been enacted in the federal private sector during the period of the report. Such cases involved maintenance of ports, railways and postal services, as well as grain"handling operations. It has been the policy of the Government of Canada to invoke such emergency labour legislation as a last resort, only in those rare instances where a work stoppage poses serious economic repercussions for the country, or endangers the health and security of the citizens of Canada. In each case, free collective bargaining, including the legal right to strike, was fully restored and the legislation provided for the binding settlement of the issues in a dispute by a neutral third party. Further information on emergency legislation is available in Canada's reports on ILO Convention No. 87.
179. The Public Service Commission has been fostering new relationships with national labour unions and pursuing new approaches to labour relations. The Commission ensures consultation with unions through the Joint Consultative Committee and the National Joint Committee on matters affecting employees such as priority placements, workforce adjustment initiatives and the alternate exchange programme.
180. All the branches of social security listed in the guidelines exist in Canada, as explained in Canada's previous reports under the Covenant, particularly in Canada's first report on articles 6"9. The basic structure of the system remains the same as described in that report, although major changes have been made to some components. Some of these have already been explained. The changes which occurred during the period under review will be explained below.
181. For 1994/95, federal social security expenditures, which included transfers to provincial"territorial governments for health care and welfare, transfers to persons in the form of old age benefits, employment insurance benefits (including family"related benefits), child tax benefits, Canada Pension Plan benefits (including retirement benefits, invalidity and survivors' benefits), benefits to veterans, benefits to Registered Indians, benefits under federal employment programmes and benefits to the disabled under the Vocational Rehabilitation of Disabled Persons Act, amounted to $85.6 billion, that is 11.3 per cent of the gross domestic product. For 1984/85, these expenditures amounted to $47.3 billion, 10.4 per cent of GDP.
182. When the expenditures of all levels of government, i.e. federal, provincial, territorial and municipal, are taken into account, total social security expenditures for 1994/95 amounted to $147.8 billion, that is 19.4 per cent of GDP. For 1984/85, those expenditures amounted to $76.3 billion or 16.8 per cent of GDP.
Social assistance
183. The Canada Assistance Plan (CAP), 31 March 1966 to 1 April 1996, allowed the federal Government to cost"share (50/50) on a wide range of approved social assistance and service costs incurred by the provinces and territories. Examples of beneficiaries of these programmes included: lone"parent families; persons with disabilities; elderly persons; unemployed persons and low"income workers and their families; children in need of protection; families or individuals in crisis; women in situations of violence and their children.
184. The majority of social assistance expenditures were for the following basic requirements: food; shelter; clothing; fuel; utilities; household supplies; personal needs. Assistance could also be provided for travel costs, funerals/burials, items incidental to carrying on a trade or other employment, and special needs (e.g. repairs or alterations to property, civil legal aid, items required by persons with disabilities, etc.). Recipients of social assistance could also receive other benefits, including the payment of health insurance premiums (where applicable) and ancillary health"related benefits such as drugs, dental care and vision care. The level of financial assistance and health"related coverage available varied considerably between provinces and territories.
185. As of the end of March 1995, 3.1 million people, about 10.4 per cent of the population, were receiving provincial and territorial social assistance benefits, which were cost"shared under the Canada Assistance Plan. Because of the slow economic growth in the early 1990s, this figure is considerably higher than in March 1985, when 1.9 million people, or 7.4 per cent of the population, received social assistance benefits.
186. In 1990, the federal Government imposed a restriction on CAP, limiting growth in federal funding contributions for the three provinces that do not receive equalization payments " Ontario, Alberta and British Columbia " to 5 per cent per year. The Government of Canada acknowledged in its 1994 budget that this restriction on CAP funding was unfair. The 1995 budget introduced the Canada Health and Social Transfer (CHST), which consolidated federal funding for health, post-secondary education, social assistance and social services. The 1995 budget also announced funding reductions for the programmes included within the CHST – $2.5 billion in 1996/97 and $4.5 billion in 1997/98. The 1996 budget established a new five-year funding arrangement in which transfers are maintained at $25.1 billion for the years 1997/98 to 2000/01; funding will then grow at an increasing pace, linked to the economy, for the following three years. The budget also confirms that the CHST includes a legislated cash floor of $11 billion to guarantee continuing federal cash support. By 2002/03, the new funding arrangement will reduce by half the current disparities in per capita entitlements among provinces. A five-year phase-in period for the funding formula will allow provinces time to adjust to the new allocation. Details on the CHST are provided earlier in this report.
Family benefits
187. The child tax benefit was introduced in January 1993 to consolidate family allowances, the refundable child tax credit and the dependent child credit. It was designed to supplement the income of Canadian families by providing income-tested, non-taxable monthly benefits for children under the age of 18. Currently, the Government of Canada is working together with the provinces and territories to restructure the child tax benefit and develop a national programme that will reduce current benefit disparities by increasing assistance to low-income working families while ensuring that total support for families on social assistance is not reduced. The 1997 federal budget allocated $850 million, including $600 million in new funds, to create the new programme (see paragraph 98).
188. Separate legislation provides equivalent children's special allowances, which are paid on behalf of children under the age of 18 who are in the care of a child welfare agency, a government department or institution.
189. The current child tax benefit provides monthly tax-free payments to 85 per cent of all Canadian families with children, totally over $5.1 billion annually. Approximately 3.1 million families receive the benefit on behalf of 5.6 million children. Under the current system, families with a net income up to $25,921 receive a basic benefit of $1,021 per child per year, an additional $75 for the third and subsequent children in the family, and a further supplement of $213 for each child under age seven when no childcare expenses are claimed. The benefit begins to be reduced once net family income exceeds $25,921 and reaches zero at an annual net income of about $66,700 for one and two child families. The child tax benefit also includes a working income supplement (WIS) that is available to families with earnings of at least $3,750 and net incomes below $25,921. The WIS currently provides up to $500 a year per family. It was designed to help offset some of the additional costs that lower-income families with children experience when joining the workforce. As part of the child support package announced in the 1996 federal budget, the Government of Canada announced an increase of $250 million to the WIS to be in place by July 1998.
190. Under the proposed plan to develop a national child benefit (see paragraph 98), the existing child tax benefit and the working income supplement (WIS) will be replaced by an enriched Canada child tax benefit with a maximum of $1,625 for the first child and $1,425 for each additional child, with these maximums applying to all families with a family net income up to $20,291. The supplement of $213 per child for children under age seven not claiming childcare expenses would be retained. The first step to the creation of a national child benefit system will be to restructure the WIS by moving it from a family basis to a per-child basis, and to further increase the support it provides. Legislation will be introduced to implement the modified WIS, with a proposed effective date of July 1997. The change will enrich the WIS by $195 million, $70 million more than the $125 million increase proposed for July 1997 in the 1996 federal budget. For July 1997 to June 1998, the federal Government will increase the WIS of $500 per family to $605 for the first child, $405 for the second child and $330 for each additional child. It is estimated that 720,000 Canadian families with 1.3 million children will be better off as a result of the enrichment. The second step, set for July 1998, will see the WIS combined with the enriched child tax benefit to create a new $6 billion Canada child tax benefit that includes $600 million in new federal funding announced in the 1997 federal budget. Overall, more than 1.4 million Canadian families with 2.5 million children will see an increase in federal child benefit payments by July 1998.
191. Under the new system, the enriched federal benefits will enable provinces and territories to redirect some of their social assistance resources towards improving children's services and income support for low-income families. Additional federal resources will be complemented by supplementary provincial benefits as well. As a result of these changes to federal-provincial child benefits, assistance to low-income working families will increase while families on social assistance would receive no less overall, and would retain more services and income support when entering the workforce.
Old age security
192. The old age security system remains basically the same as described in Canada's first report on articles 6-9 of the Covenant (pages 53-54). As described in that report, the system comprises three elements: an old age security pension, to which all persons in Canada aged 65 or over who meet residency requirements are entitled irrespective of income; a guaranteed income supplement, which is provided to pensioners with little or no income other than the old age benefits; and a spouse's allowance provided to the spouses, aged 60 to 64, of the old age security/guaranteed income supplement pensioners as well as to low-income widow(er)s who are 60-64 years of age (this allowance ensures a minimum income to these people, until they become eligible for the old age security benefit). All benefits are increased every three months based on increases in the cost of living as measured by the consumer price index.
193. Since 1989, higher-income recipients of the old age security benefit are required to reimburse the benefits received in part or in total, depending on their total income. The percentage of reimbursement increases with the income. Thus, for the year 1995, pensioners started to reimburse the benefits when their net income during the year reached $53,215. At $60,000 annual net income, the percentage of reimbursement was approximately 22 per cent; at $70,000, it was approximately 54 per cent; and at $80,000 it was up to about 86.4 per cent; pensioners who had a net income of approximately $84,215 in 1995 had to reimburse the totality of benefits received.
194. The part of the old age security pension that is not reimbursed is taxable. The guaranteed income supplements and the spouse's allowances are not taxable; but they would have to be reimbursed, in part or in total, in the event that during the year they were received, the recipient's net income had been higher than $53,215.
195. As of March 1995, the maximum monthly old age security benefit was $387.74. The maximum guaranteed income supplement payment for a single recipient was $460.79 per month. These benefits were virtually identical in purchasing power to the rates in effect for 1985. As of March 1995, the maximum spouse's allowance was $687.88 per month. Total benefits paid under these programmes for 1994/95 came to $20.5 billion, an increase of 25 per cent over 1984/85 (in constant 1995 dollars) resulting in parity from demographic growth.
196. In March 1995, over 3.4 million people, virtually everyone aged 65 and over, received old age security benefits. Of these people, 38 per cent received guaranteed income supplement (GIS) payments. The proportion of the senior population receiving GIS, however, has declined over the last decade. In 1984, 50 per cent of pensioners had been recipients of the supplement. The main reasons for the decline were the increased incidence of full Canada Pension Plan benefits and higher personal income from other sources among newer cohorts of seniors.
197. In 1996, the Government announced the intention to introduce a new programme known as the seniors benefit, commencing in 2001. The programme would replace the existing old age security/GIS programme and tax credit for seniors with a single tax-free, income-tested benefit based on family income. Guarantees for low-income seniors would be increased by $120 per household annually. Net benefits after taxes would be increased up to $40,000 of family income. By reducing benefits to higher-income families, the introduction of the new benefits will result in cost savings that will gradually increase over time and contribute to the sustainability of the public pension as the population ages.
Canada Pension Plan
198. The Canada Pension Plan is a contributory, earnings-related social insurance programme which ensures a measure of protection to Canadian workers and their families against the loss of income due to retirement, disability or death. It operates throughout Canada except in Quebec which has its own, similar programme, the Quebec Pension Plan. The Plan is financed by contributions from employees, employers and the self-employed, as well as interest on investment of surplus funds. Benefits are subject to income tax and are adjusted annually based on increases in the consumer price index.
199. The Canada Pension Plan provides for retirement pensions as early as age 60, although those who choose to receive the pension before age 65 receive lower benefits. It also pays benefits to disabled contributors and their children, and provides survivor benefits and death benefits to spouses and children.
200. In 1994/95, 3.4 million Canadians were receiving benefits from the Canada Pension Plan in the total amount of approximately $15.3 billion, compared with $4.2 billion in 1984/85.
201. The Government of Canada has been working with the provinces and territories over the past year to find ways of ensuring that the Canadian Pension Plan is sustainable for future generations. Both levels of government have agreed on a strong and balanced package of reform, and legislation on the proposed changes will be introduced. The proposed changes are the result of the statutory review of the Canadian Pension Plan by federal and provincial governments. The province of Quebec is also conducting its own review.
Employment Insurance Program
202. On 1 July 1996, the new Employment Insurance Program came into place to address changes in the Canadian labour market such as increasing part-time work and multiple job holders. The reforms also meet the 1995 budget's target of a 10 per cent reduction in employment insurance programme costs – reducing costs by an estimated $2 billion by the year 2001/02. Eight hundred million dollars of the reform savings will be reinvested in active employment measures.
203. As of 1 January 1997, eligibility for employment insurance is based on hours of work rather than weeks. The minimum number of hours of work required will vary between 420 and 700 (12-20 weeks of 35 hours) depending on the unemployment rate in the region where a claimant lives. The hours counted will have been worked over the 52-week period preceding the employment insurance claim. To qualify for employment insurance in 1997, new entrants or re-entrants to the workforce have to have worked a minimum of 910 hours (26 weeks of 35 hours); that is, six weeks more than under the current system. Insured earnings are calculated on the basis of income earned during a period of no more than 26 weeks preceding the employment insurance claim. The amount of benefits are calculated by dividing the client's total earnings during the preceding 26-week period by the higher of the following figures: the number of weeks the client worked or the minimum divisor (former eligibility requirement + 2). The maximum benefit period has been reduced from 50 to 45 weeks. The benefit rate will be reduced by one percentage point for each 20 weeks of benefits (from 21 weeks) received in the previous five years to a maximum penalty of five percentage points (minimum rate of 50 per cent). The weeks of benefits received before the reform will not be taken into consideration. People who work while they are receiving benefits and whose benefit level is reduced as a result will be able to obtain "employment credits" for benefit rate purposes.
204. Benefits for low-income families (annual income less than $26,000) with children will be increased by a family supplement (equal to their weekly child tax benefit). The amount of their benefits plus the family supplement cannot, however, amount to more than 80 per cent of their insured earnings. These people will also be exempt from the benefit rate reduction.
205. On the basis of the number of weeks of benefits received over the past five years (weeks received before June 1996 will not be counted), people with 20 weeks or less and whose net income was more than $48,750 will have to pay back up to 30 per cent of their benefits. For individuals with more than 20 weeks and a net income of more than $39,000, the repayment could amount to between 50 per cent and 100 per cent. For each income dollar over $48,750 or $39,000, 30 cents will have to be paid back, up to the set maximum.
206. Claimants will be able to earn $50 a week without losing any benefits (or 25 per cent of their benefits as before).
207. A portion of the savings resulting from the reform will be reinvested in a smaller number of employment assistance programmes. Anyone who is presently receiving benefits or has received benefits in the past three years (five years for maternity benefit recipients) will be eligible for employment benefits. The planned measures include: targeted wage subsidies; targeted earnings supplements; self-employment assistance; job-creation partnerships; skills loans and grants.
208. The premium rate for the Employment Insurance Program was reduced on 1 January 1997 to $2.90 from $2.95 for the employee and to $4.06 from $4.13 for the employer (1.4 times the employee rate) per $100 of insurable earnings. (In 1995, the rate was $4.20 for the employer and $3.00 for the employee.) For 1998, the EI premium rate is forecast to decline to $2.80 for the employee and to $3.92 for the employer. The maximum weekly insurable earnings of $750 has been eliminated. Premiums are paid on all weekly earnings up to the yearly maximum of $39,000. Premiums are not paid after the yearly maximum has been reached. The maximum insurable earnings will be frozen at $39,000 per year until the year 2000.
209. All earnings will be insurable (from the first dollar earned) up to the annual maximum insurable earnings. Individuals who earn $2,000 or less during a year will have any premiums that they paid refunded through the income tax system. Small businesses affected by the new premium structure are eligible for temporary relief for the first two years beginning 1 January 1997. (Premium relief will be available to employers who had a 1996 premium bill of less than $30,000 and whose premiums increase by more than $500 over the previous year. The maximum refund will be $5,000.)
210. Sickness benefits are still paid for a maximum of 15 weeks to claimants who have 20 weeks of insured employment. However, since November 1990, claimants with less than 20 weeks of insured employment can receive sickness benefits if they get sick after their employment was interrupted for another reason or if they are already claiming employment insurance.
211. Maternity benefits remain substantially the same as explained in previous reports. They are available to pregnant claimants with 20 weeks of insured employment, and they are paid for a maximum of 15 weeks. In addition, since November 1990, parental benefits can be collected for up to 10 weeks to care for a newly born or adopted child; this time allotment may be extended to 15 weeks if the child is six months or older at the time of arrival in the parents' home and suffers from a condition that requires extended care. Parental benefits can be claimed by either parent or can be split between the two. The parental benefits replaced the paternity benefits, which had been introduced in 1988, and the adoptive parent benefits, which had been established in 1984. Recipients of maternity or parental benefits can also receive sickness benefits for a period which, added to the other benefits, does not exceed 30 weeks. The employment insurance reform maintains the status quo with respect to these special benefits (i.e. sickness, maternity and parental benefits).
Labour Adjustment Benefits Program
212. The Labour Adjustment Benefits Program (LAB), mentioned in paragraph 63 of Canada's second report on articles 6-9 of the Covenant, was discontinued in 1987 and replaced in 1989 by the Program for Older Worker Adjustment (POWA). Beneficiaries of the earlier programme continue to receive benefits under the Labour Adjustment Benefits Program.
213. POWA is designed to help long-service older workers who have no prospect for re-employment following a major permanent layoff. The Program provides financial assistance to eligible older workers who are between the ages of 55 and 64 at the time of layoff, and who have exhausted their employment insurance entitlement. The major difference in POWA from the previous programme is that POWA is financed and administered jointly by the federal and provincial-territorial governments. At the present time, Nova Scotia, Newfoundland, Quebec, Ontario and British Columbia participate in the Program. The federal and provincial-territorial governments share the cost of purchasing annuities for eligible older workers on a 70/30 cost-share basis.
214. Layoffs from all private-sector industries and commercial Crown corporations are eligible for consideration. Decisions as to which situations of layoff to designate for benefits are made jointly by the federal and provincial-territorial governments taking into account a number of factors. The Program selectively focuses assistance on those major permanent layoffs which would lead to real hardship for substantial numbers of older workers.
215. Between September 1989 and March 1996, a total of 1,052 layoffs were designated in Nova Scotia, Newfoundland, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan and British Columbia. Annuities totalling $481 million have been purchased for approximately 13,000 eligible workers. The basic benefit equals 70 per cent of the employment insurance benefit that the worker received after the layoff, subject to a minimum of $760 and a maximum of $1,000 per month. Benefits are paid until age 65 or until death, if earlier, and are indexed annually, according to the consumer price index, to a maximum annual increase of 2 per cent.
216. Human Resources Development Canada administered the former Plant Worker Adjustment Program on behalf of Fisheries and Oceans Canada, which was in operation from 1991/92 to 1994/95. During the course of this Program, annuities were pur older fish-plant and trawler workers in Atlantic Canada. The cost was $42.6 million to the federal Government and $18.3 million to provincial governments.
217. Cabinet approved the Atlantic Groundfish Strategy (TAGS), the $1.9 billion federal programme launched in April 1994, to assist workers in the fishing and fish-processing industries affected by the closure of the northern cod fishery and by subsequent groundfish declines in other regions. Human Resources Development Canada is responsible for the Fishplant Older Worker Adjustment Programme (FOWAP), while Fisheries and Oceans is responsible for the Atlantic Fishers Early Retirement Programme (AFERP). In addition, Human Resources Development administers the income-support component of TAGS, and Fisheries and Oceans has responsibility for the Groundfish Licence Retirement Programme (GLRP).
218. FOWAP and AFERP are cost-shared on a 70/30 basis with the provinces of Newfoundland, Nova Scotia, Prince Edward Island and Quebec. It was originally anticipated that 1,800 older workers would benefit from these programmes, but take-up has been lower than expected. It is now estimated that approximately 1,100 older workers will be adjusted out of the fishery under the two programmes. Older workers qualify, if they were between the ages of 55 and 64 on 15 May 1995, are eligible to receive benefits under TAGS, have already been adversely affected by the major decline in groundfish resources, and are able to show a long-term attachment to the groundfish fishery.
Assistance to refugees
219. The Government of Canada provides transitional assistance to indigent Government-assisted refugees to up to one year after their arrival in Canada or until the newcomer is self-sufficient, whichever comes first. Assistance is provided for the basic needs of life, including clothing, shelter and basic household needs such as essential furnishing and household articles. Income support provided is consistent with prevailing social assistance rates.
Medical care
220. For information on medical care, please see article 12.
International cooperation
221. Canada has continued to enter into social security agreements with many countries. These agreements protect the pension rights of persons who move between Canada and other countries to work and live. They ensure that immigrants will be able to receive pensions from each of the countries to whose social security programmes they have contributed. They also ensure that persons who are sent from one country to another, in the course of their employment, will not have a break in social security protection under the programme of the country in which they usually live.
222. The Canadian programmes covered in these agreements are Old Age Security and the Canada Pension Plan. Since 1 January 1986, Canada has concluded social security agreements with Antigua and Barbuda, Australia, Austria, Cyprus, Dominica, Finland, Guernsey, Iceland, Ireland, Jersey, Luxembourg, Malta, Mexico, the Netherlands, the Philippines, Saint Kitts and Nevis, Saint Lucia, Spain and Switzerland. These join the social security agreements that Canada had previously concluded with Barbados, Belgium, Denmark, France, Germany, Greece, Italy, Jamaica, Norway, Portugal, Sweden and the United States.
223. The information requested in the guidelines has been provided, for the most part, in Canada's previous reports under the Covenant. Information can also be found in reports submitted under the treaties listed above, which Canada has ratified. In particular for information on child care, maternity and parental protection, please refer to the following reports:
Protection of the family
224. The 1986 census showed that, among Canada's 3.5 million families with children under 18 years of age, almost 80 per cent of partners were married couples; this included first marriages and blended families, and families with one or both partners working outside the home. About 15 per cent were lone-parent families, and of this figure 13 per cent were mothers and 2 per cent were fathers. About 5 per cent of parents were common-law couples.
225. A report of the Federal-Provincial-Territorial Working Group on the Mental Health of Children and Youth entitled Building the Future: A Framework for Mental Health Services for Children and Youth in Canada recognizes that the family is central to the provision of care, nurturance and support for children and youth, and that it is a priority of the community to strengthen the capacity of families to provide for their children.
Child care
226. From April 1988 to March 1995, the Child Care Initiative Fund (CCIF) has enabled the federal Government to support initiatives that enhanced childcare services and programming at the national and community levels, and in the Aboriginal sector. Over the seven years of its mandate, CCIF funded 515 projects for a total amount of $77 million which resulted in the production of approximately 600 reports, videos, manuals and guides.
227. In May 1992, Canada published its Action Plan for Children. This is a long-term plan to guide the federal Government's actions on behalf of children and families in Canada, and around the world.
Preventive actions for children at risk
228. The Child Development Initiative, announced in May 1992, is a fiveyear, $500 million series of programmes which addresses conditions of risk that threaten the health and well-being of children, especially children from 06 years of age. It included funding for community projects (The Community Action Programme for Children) and First Nation projects in addition to an interdepartmental initiative consisting of 33 programmes, which target children of risk of poverty, poor health and nutrition, mental health problems, developmental problems, disability or injury, or abuse and neglect. Guided by a philosophy of early intervention, the Child Development Initiative implements a variety of strategies to address these conditions or risk, and thereby contribute to the health and well-being of children. An evaluation of this initiative addressed the relevance, success and cost-effectiveness of programmes, and was based on multiple lines of evidence: it showed that the initiative was working well and had achieved initial programme goals in terms of implementation and delivery.
229. The 1997 federal budget announced $100 million in additional funding over the next three years to the Community Action Programme for Children and the Canada Prenatal Nutrition Programme (see paragraph 254).
230. Effective 1 April 1995, the Government introduced a research and development programme, Child Care Visions, to promote research and evaluation of best practices and models of service in the area of child care. This is an ongoing programme with an annual allocation of $6 million and replaces the Child Care Initiatives Fund, which was established in 1988.
231. Because child care is central to women's efforts to achieve economic equality, over $500,000 in funding have been directed to public education, research and networking activities to improve access to quality child care services.
232. In January 1995, the federal Government announced the First Nations-Inuit Child Care Initiative, to create up to 6,000 regulated child care spaces in reserves and northern communities at a cost of $72 million over three years. An ongoing commitment of $36 million annually was also announced to maintain the services created during the three-year developmental period. This programme is now operational.
Child support
233. A number of social security programmes exist and have been reported on under article 9. As explained above, the child tax benefit programme, which provides income support to families with children, replaced the former family allowance programme in 1993. Improvements were made to the Canada Pension Plan in 1992 with respect to the payment of benefits to children.
234. The Minister of Justice announced in March 1996 a new child support package to ensure that parents live up to their responsibilities for child support payments in a manner that is fair and consistent. There are four key areas outlined in the Government's child support strategy: first, child support paid under orders or agreements that are made or varied after 30 April 1997 will no longer be taxed as income to the recipient or deducted from income by the paying parent; second, federal child support guidelines will be introduced to establish fair and consistent child support awards in divorce cases; third, a wide range of measures will be introduced to help enforcement agencies combat the chronic problem of default on support payments; fourth, there will be an enrichment of benefits paid to lower-income families under the federal child tax benefit. The fundamental objective of these measures is to protect the rights of children to fair and adequate support from parents – paid in full and on time.
Violence against women and children
235. Women continue to be primarily responsible for the care of children and elderly family members; however, their safety within the family unit is not assured. As a partner in the federal strategy on family violence, the Women's Programme has funded more than $2 million in activities since 1993 to address family violence problems. The Programme is the responsibility of Status of Women Canada since 1995. The Programme continues its support for activities that address other types of violence against women beyond the scope of the family violence initiative (FVI). The FVI is a federal initiative, which addresses violence in family and other relationships of intimacy, dependency and trust. Women and children are the primary victims of such violence.
236. Health Canada maintains the National Clearinghouse on Family Violence, a national resource centre for all Canadians seeking information about, and solutions to violence within the family. The Clearinghouse gathers, assesses and organizes existing information and develops new information material. By sharing the latest research on all aspects of prevention, protection and treatment, the Clearinghouse is helping to reduce violence in society. During the 1995/96 fiscal year, 87,789 requests for information and audio-visual resources were received by the Clearinghouse.
237. A number of the projects sponsored under the FVI addressed the particular needs of vulnerable groups, including women from rural and remote communities. For example, through the Initiative, the Women's Community Action Team, working cooperatively with the Status of Women Council of the Northwest Territories (NET), developed a training handbook and facilitator's guide to help women organize workshops on violence in communities in the NET. The content is culturally appropriate for the Inuit and Dene people and could be useful to other Aboriginal communities such as those located in the Yukon, as well as other northern communities in Canada.
238. FVI is also linked to other federal strategies that address violence in society, e.g. crime prevention (the National Crime Prevention Council announced early after its establishment that children and youth would be its priority), media violence and the federal violence against women activities/strategy. All of these strategies have recognized the essential link between the social service, health and justice systems, which must be made to safeguard/promote the well-being of children and women.
Work and family
239. Between 1991 and 1993, the Women's Bureau of Human Resources Development Canada organized a successful series of seminars on the issue of balancing work and family responsibilities. In 1993, with Statistics Canada, it sponsored a symposium on the family and work arrangements, which looked at survey data and studies of employer policies and programmes related to this issue.
240. The Women's Bureau participates in the Women in Employment Committee of the Canadian Association of Administrators of Labour Legislation, which prepared a compendium of current Canadian practices aimed at reconciling work and family responsibilities. It also contributed to the federal Women's Film Programme (National Film Board), which produced a number of videos on women and work, including A Balancing Act, a video on issues and solutions involved in the reconciliation of work and family responsibilities. The Bureau also released some publications dealing with these issues, including Adapting to a Changing Work Force: The Relocation Policies and Practices of Canada's Top Companies in 1992, and Changing Families, Changing Workplaces released in 1996, which is a series on Canadian employer work/family practices.
Maternity and parental protection
241. The Canada Labour Code provides for 17 weeks of unpaid maternity leave and 24 weeks of unpaid parental leave. The Codes provisions were strengthened with the addition of maternity-related reassignment and leave in 1993. In cases where a pregnant or nursing employee presents a medical certificate stating that there is a hazard to her health, the health of her foetus or her nursing child, she must be reassigned to a new position with no loss of salary or benefits, or, where this is not reasonably practicable, she must be given an unpaid leave of absence. Such leave is usually funded from the employment insurance funds, but no more than 25 weeks' payment, including payment for maternity and parental leave, is available.
242. The Unemployment Insurance Act, as amended on 18 November 1990, complements these provisions. Maternity benefits have been maintained as previously to ensure that a pregnant woman is protected when unemployment is caused by incapacity due to childbearing, regardless of whether the child survives to require care or is immediately given up for adoption. In addition, in 1988, a provision was introduced that augmented the window of entitlement for maternity benefits, previously limited to the period of from 8 weeks before the expected birth to 17 weeks after birth; this period has been extended by a week for each week that the child remains hospitalized after birth. This measure assured that women who were forced for economic reasons to return to work after the birth of a premature or ill child could still retain their entitlement to maternity benefits, if they had to stay home when the child was finally released from the hospital.
243. Parental benefits were introduced in 1990 under the Unemployment Insurance Programme to ensure that adoptive and natural parents had equity and parity in childcare benefits. It provided for the benefits to be split between both father and mother and to be collected simultaneously, thereby recognizing the increased participation of men in childbearing and the sharing of this function between spouses.
244. The dependency benefit rate of 60 per cent which was introduced on 3 July 1994, also increases family protection measures in the employment insurance programme. It recognizes the burden placed upon claimants who support a dependant and that the burden increases in times of unemployment. By acknowledging and taking into account for eligibility the fact that either spouse may be the supporter, it recognizes the rapidly changing nature of family units or domestic partnerships that may lie well outside the bounds of the traditional nuclear family unit. The dependency rate recognizes that single mothers are often the persons who carry the burden of children and also that they are often disadvantaged in the labour market by that very commitment.
Other family-related protection
245. In addition, in 1990, the Unemployment Insurance Act officially recognized that persons who leave work for reasons of sexual harassment, those obliged to follow a spouse who is relocating for employment and those who leave to care for sick relatives should not be disqualified for voluntarily leaving employment.
Measures governing work by children
246. Section 179 of the Canada Labour Code in conjunction with the regulations enacted pursuant to it, permits the employment at the federal level of persons under 17 years of age if the following conditions are met: the child is not required under the law of the province or territory where he or she resides to be in attendance at school; the work is not underground in a mine nor that of an atomic energy worker; it is not work prohibited for young workers under the Explosives Regulation or the Canada Shipping Act; it is not likely to be injurious to the child's health nor to endanger his or her safety; the work is not carried out between 11.00 p.m. and 6.00 a.m. of the next day. Pursuant to section 256 (1) of the Canada Labour Code, any employer who contravenes section 179 of the Code is guilty of a summary conviction offence and liable to a fine not exceeding $5,000. The basic minimum wage for persons under the age of 17 years is the same rate as for other persons. A bill to amend the Canada Labour Code is presently before Parliament. The bill is intended to provide that all workers, regardless of age, will receive at least the minimum wage of their province of employment. The Canada Labour Code also deals with such matters as standard hours of work, vacations and holidays, sick leave, sexual harassment, and safety and health matters. These standards apply to children and to adults.
247. In addition to the Canada Health and Social Transfer (which replaces the Canada Assistance Plan and the Established Programmes Financing – Health and Post-secondary Education, discussed in previous reports), already outlined above, numerous programmes aim at improving the standard of living and living conditions of Canadians. Examples of these, described above in the sections on articles 6-9, are the child tax benefit, employment insurance and old age security.
Programmes for Aboriginal people
248. The Canadian Aboriginal Economic Development Strategy, mentioned in paragraphs 76-78 of Canada's second report on articles 10-15 of the Covenant, continues to provide support for Aboriginal economic development. The Strategy was launched in 1989 with a five-year financing commitment. After the expiration of the Strategy in 1994, the three participating departments, the Department of Indian Affairs and Northern Development (DIAND), Human Resources Development and Industry Canada, continued to fund programmes similar to those funded under the Strategy.
249. The programmes, which are a joint initiative of the three departments, continue to encourage a working partnership among Aboriginal people, the federal, provincial and territorial governments, and the private sector to support Aboriginal economic development. The programmes also continue to support Aboriginal business activity and enhanced community-development capacity to generate employment, wealth, and the capital base required by Aboriginal people to meet economic self-reliance objectives. See also First Nations – Inuit Child Care Initiative (paragraph 232) and Aboriginal Head Start Programme (paragraph 313).
250. During the financial year 1996/97, the three participating departments of the federal Government are expected to spend $308 million on various economic-development programmes.
Right to adequate food
251. Canada produces an abundance of nutritious foods. In addition, it enjoys strong and favourable trading relationships that assure Canadians access to a secure supply of foods not produced domestically. Food prices in Canada are among the lowest in the world, with price increases for food falling below the overall inflation rate. High industry standards, backed by firm regulatory regimes and a rigorous inspection system, help to ensure that foods reaching the Canadian market are safe and of a high quality. However, due to a lack of economic security, there are still a number of Canadians who are limited in their access to adequate, nutritious food.
252. With respect to nutritional surveys, the 1994 Nutrition Activity Survey was conducted between November 1993 and April 1994. The Survey was directed towards federal departments, provincial and territorial governments, nutritional and other health professionals and their respective organizations, the food industry, the food-service industry, non-governmental organizations and the public (through community-based and national advocacy groups). According to the Survey results, the promotion of appropriate diets and healthy lifestyles was cited as the single most important theme, followed by the need for improved household food security.
253. The dissemination of nutrition-related knowledge to the public is done primarily through the messages in Canada's Food Guide to Healthy Eating and through Vitality Initiatives, which promote healthy eating, active living and positive self- and bodyimage.
254. Many chronic health problems linked to diet are more prevalent among low-income Canadians, who include large numbers of single mothers, pregnant women, older Canadians, Aboriginal people and some new Canadians. Other select indicators include the following:
(a) 1992 data indicate that, for families and individuals with annual incomes in the lowest quintile, 24.8 per cent of total expenditure is on food. For families and individuals with after-tax income in the highest quintile, the food share of consumption expenditures was 12.4 per cent;
(b) Low-income people are: increasing in numbers; more likely to experience diabetes, anaemia, dental problems and cardiovascular diseases; more likely to be overweight; possibly over represented in Aboriginal people on reserves as indicated by 44 per cent of those Aboriginal people receiving social assistance; more likely to have children who experience chronic illness; more likely to report poorer health status; increasingly using food banks;
(c) Pregnant women are also recognized as a group that requires special nutritional needs. Among pregnant women, those with low incomes stand out as being among those at the highest nutritional risk and at risk for having low-birth-weight babies. The Canada Prenatal Nutrition Programme, announced by the Minister of Health in July 1994, is directed towards low-income pregnant women to provide nutrition counselling, interagency referral, food supplements, education, support and counselling on lifestyle issues such as smoking and substance abuse, and other factors including family violence and stress.
255. Nutritional concerns for children focus on a few key nutrients and more recently on the appropriateness of lower fat diets for children. In Canada, from age two until the end of linear growth, it is recommended that children's diets slowly change from the high fat diet of infancy to one that includes no more than 30 per cent of calories from fat.
256. Current policies, programmes and interventions affecting nutritional status are being documented in other ongoing activities such as the National Plan of Action for Nutrition.
257. The federal mandate for food control rests with the Canadian Food Inspection Agency. The agency will be responsible for all food inspection, animal and plant health and related activities, including food recalls, the investigation of food-related illness and the management of food safety emergencies. Health Canada will be responsible for food safety standardsetting and related research.
258. Health Canada develops policies and programmes to support nutritional health and well-being. As a follow-up to the International Conference on Nutrition, held in Rome in 1992, Health Canada working with a multisectoral steering committee, prepared a national plan of action, titled Nutrition for Health: An Agenda for Action.
259. The mandate of the Action Plan for Fish Habitat (APFH) is based on the Fisheries Act and Canada's Green Plan. This Act and Canada's Green Plan commitment through the Action Plan should help Fisheries and Oceans to develop a nationally consistent approach to the management of fish habitat and to take action to protect and enhance fish habitat. Its objectives are to implement an enhanced fish habitat management programme by providing the national tools (policy, regulations/guidelines, and baseline data and information), and to develop partnerships to protect and enhance fish habitat. Like many other Green Plan initiatives, the Habitat Action Plan is in its last year of implementation and was terminated at the end of fiscal year 1996-97.
260. Canada's Aboriginal peoples have strong historic links with the fisheries for food, social and ceremonial purposes, a reality that has been recognized by Canada's Supreme Court. To ensure that the needs of Aboriginal communities are being met for these purposes, the Government of Canada introduced the Aboriginal Fisheries Strategy (AFS) in 1992. The Strategy involves the negotiation of fixed and fair fisheries' allocations for Aboriginal communities, and integrates the management of these fisheries into Fisheries and Oceans' overall management plan. This allows Fisheries and Oceans to meet its primary obligation to conserve the resource, as well as to provide for the needs of Aboriginal people.
261. Funding is provided for research and training for Aboriginal groups for the collection and dissemination of traditional knowledge of fisheries management, as well as providing them with modern scientific knowledge and experience. Many of the projects funded through the AFS also include the Aboriginal groups in habitat and stock assessment and enhancement, contributing to the overall health and sustainability of the resource.
262. AFS funding also contributes to greater economic self-sufficiency in Aboriginal communities by providing for the purchase of existing commercial effort (fishing licences) for transfer to Aboriginal communities. Through negotiations, a portion of the proceeds from the use of these licences may be utilized for fisheries management purposes. Thus, Aboriginal communities are provided with culturally appropriate economic opportunities which are consistent with the principles of conservation and sustainability.
263. In 1992, the CanadaFrance fisheries dispute over the maritime boundary was resolved by international arbitration, confirming Canada's jurisdiction over disputed waters south of Newfoundland around St. Pierre and Miquelon.
264. In 1993, the first session of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks took place. The Conference was largely the result of Canadian efforts at the 1992 United Nations Earth Summit in Brazil. The Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 1982 Relating to the Conservation and Management of Straddling and Highly Migratory Fish Stocks was adopted by consensus in 1995. The agreement requires, inter alia, that conservation measures outside 200 miles be compatible with those inside. It allows for a State to take control of a fishing vessel flying the flag of another State when the flag State is willing or unable to control it. Work is currently under way to enable Canada to ratify this agreement.
265. In 1994, a plan of action was put in place to develop a Canadian Code of Conduct for Responsible Fishing Operations. This would encompass innovations in fishing gear, selectivity devices, conservation-harvesting technologies and an industrial training programme for fishermen in responsible fishing operations. The Canadian Code supports the Food and Agriculture Organizations's (FAO) work on the development of the Code of Conduct for Responsible Fisheries which was concluded in the fall of 1995.
266. Canada was an active participant in the International Conference on the Sustainable Contribution of Fisheries to Food Security in Kyoto, Japan in December 1995. The purpose of this Conference was to consider how to maintain and enhance the contribution of fisheries to food security in the future. Delegates adopted by consensus the Kyoto Declaration and Plan of Action, which is an integrated list of significant policy directions, as well as a set of immediate actions.
267. At the World Food Summit, held in November 1996 under the auspices of FAO, Canada and other member nations endorsed the Rome Declaration on World Food Security and World Food Summit Plan of Action, in which Heads of State and Government reaffirmed the right of everyone to have access to safe and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger.
268. At the Summit, Canada sought the recognition of respect of all human rights and fundamental freedoms and agreement on the principle that democratic and participatory decision-making are essential to achieving world food security. Canada played a leading role in securing appropriate language on the right to adequate food in accordance with international law. Canada also worked closely with other delegations to find consensus language in support of further clarification and implementation of this right.
Right to adequate housing
(i) Framework and basic statistics
269. In Canada, there is an extensive framework of legislation, policy and practice which structures housing-related activities at the national, provincial, territorial and municipal levels. The purpose of the activities of the Government of Canada, as expressed in the National Housing Act (NHA) and administered by Canada Mortgage and Housing Corporation (CMHC), is to "promote the construction of new houses, the repair and modernization of existing houses, and the improvement of housing and living conditions".
270. According to the 1991 census, Canada's total housing stock comprised 10.7 million dwelling units, of which 662,000 were unoccupied. The number of persons per dwelling is low by international standards, having fallen from 2.9 persons per household in 1961 to 2.7 in 1991. The predominant form of dwelling is the single detached home, accounting for 57 per cent of occupied dwellings.
271. In Canada, most households can afford adequate and suitable housing through the private market. Almost two thirds (63 per cent) of Canadian households own their own homes. The Canadian home-ownership rate is comparable to that of the United States and the United Kingdom, somewhat lower than those of Australia and New Zealand, and higher than most Western European and Scandinavian countries. Canadian social housing, which is geared towards those whose needs are not met by the private market, accounts for nearly 7 per cent of the total occupied stock, or about the same proportion as in Australia and Belgium, and more than double the rate in the United States.
(ii) Marketrelated housing activities
272. Canada's housing finance system is highly developed and is supported by government policy at the federal, provincial and territorial levels. The Bank of Canada's low inflation policy, for example, has led recently to mortgage rates hovering near their historic lows, and mortgage-financing stability is supported by regulatory policy, which has cultivated one of the most stable financial-sector environments in the world.
273. Within this national environment, CMHC employs various policy tools under the NHA. Mortgage loan insurance, which has supported the financing of one in every three Canadian homes, is an inexpensive vehicle for borrowers to obtain low downpayment financing and for downpayment protection against default. This type of insurance can save borrowers upwards of two percentage points in financing costs. As a result, Canadians generally enjoy levels of access to mortgage financing, pricing and choice that are comparable to those for prime corporate customers. Another tool, mortgage-backed securities, uses risk diversification and investment liquidity to broaden the availability of housing finance and put downward pressure on mortgage interest rates. Other federal Government tools include a rebate of over one third of the federal goods and services tax on eligible newly constructed homes, a home buyers' plan that allows first-time buyers to temporarily withdraw money tax-free from eligible retirement savings plans, and an exemption from personal income taxes of capital gains on a principal residence. In 1996, the federal Government announced a more commercialized and flexible NHA housing finance mandate, which is specifically geared towards improving housing affordability and choice, facilitating introduction of new innovative mortgage-insurance products, and preserving access to mortgage financing in all regions of Canada.
(iii) Housing assistance
274. The administrative arrangements relating to social housing programmes and delivery are governed by federalprovincialterritorial global agreements on social housing. As of 31 December 1995, the portfolio of federally assisted housing units totalled 664,235 units (6.6 per cent of all households in Canada). Over the period 1 January 1990 through 31 December 1995, 168,613 new households were assisted under federal and federalprovincialterritorial social housing programmes. In addition, various unilateral provincial programmes were delivered. Since 1990, it is estimated that the combined direct government expenditure on assisted housing in Canada has risen from $3.5 billion to approximately $4 billion. Municipalities are also active in promoting social housing.
275. Federal funding for new social housing units, with the exception of housing on Indian reserves and a series of shortterm initiatives, was terminated in 1993. The budget for existing social housing was capped in 1994, and subsequently reduced in 1995 and 1996 through efficiency measures such as savings achieved by refinancing social housing loans at lower interest rates. In 1996, the federal Government opened negotiations to offer provinces and territories the opportunity to assume responsibility for the management of existing federal social housing resources. The new arrangements will maximize the impact of taxpayers' dollars and improve service by streamlining administration, reducing overlap and directing resources to lowincome Canadians in need. The federal Government will continue to maintain its financial commitments to social housing and to uphold federal principles to help the needy, while allowing provinces and territories greater flexibility to manage social housing resources.
276. In 1994, the federal Government reinstated the Residential Rehabilitation Assistance Programme (RRAP) for two years at a cost of $100 million. RRAP provides assistance to bring homeowner and rental housing units, and roominghouses, up to minimum property standards, to complete emergency repairs on homes in rural areas, and to make housing accessible for persons with disabilities. Assistance is targeted to housing occupied by lowincome households. In 1995, over 15,000 housing units were assisted through RRAP. In December 1995, the Government announced that the Programme would be extended to 31 March 1997 at a cost of $50 million. For further information on federal and joint assisted housing programmes, please refer to the enclosed Background Report on housing*.
* Available at the Office of the United Nations High Commissioner for Human Rights.
277. In addition to these direct housing measures, there are substantial indirect expenditures on housing through the national income security system. For example, housing is the single largest expenditure by recipients of social assistance. The Canada Assistance Plan has been estimated to provide an additional $5.2 billion for shelter alone, thereby raising the total estimated expenditure on housing to $9.2 billion in 1993/94. Total government spending on housing is actually higher than this because of expenditures through other components of the national income security system, notably unemployment insurance, the Canada Pension Plan, old age security and the guaranteed income supplement.
(iv) Research and information-transfer activities
278. CMHC is considered the national housing expert and has the mandate, under Part IX of the NHA, to perform and manage a wide variety of research and communications activities aimed at improving housing and living conditions. CMHC sponsors, produces and disseminates research on all aspects of housing and living environments, aimed at improving housing policy; enhancing housing market efficiency and housing quality, affordability and choice; and supporting improved decision-making related to housing finance, living environments, community planning and, in general, the well-being of the housing sector. The annual expenditure budget under Part IX is approximately $8 million. CMHC's research and information-transfer mandate was enhanced in 1996 to strengthen its capacity to promote housing exports, with the objective of expanding business opportunities in the housing sector and creating employment for Canadians.
279. Housing research is also coordinated through the National Housing Research Committee (NHRC), which is made up of federal, provincial, nongovernmental, industry and consumer representatives. NHRC identifies priority areas for research or demonstration; encourages greater cooperation; develops partnerships and minimizes overlap in research activities; encourages support for housing research; and promotes dissemination, application and adoption of research results.
(v) Measuring and responding to housing needs
280. Canada has developed a comprehensive system for measuring the nature and incidence of housing problems, called the Core Housing Need Model. This model examines a household's situation to determine whether its housing is adequate, suitable (uncrowded) and affordable. A dwelling is considered to be adequate, if it is not in need of major repairs and has basic plumbing facilities. Suitable dwellings are those that meet the National Occupancy Standard: they have a sufficient number of bedrooms given the size and composition of the household. Dwellings are affordable, if households do not have to spend 30 per cent or more of their total household income on shelter. Households living below these standards are then examined to see if they have the income needed to afford the average market rent for adequate, uncrowded housing in their communities. For example, most owners and some renters who were paying more than 30 per cent of their incomes for shelter in 1991 could have found decent rental housing in their area for less than 30 per cent of their incomes. In cases where households do not have sufficient incomes, they are considered to be in core housing need. In Canada's 10 provinces in 1991, there were 1.16 million households in core housing need. This represents about 12 per cent of all households in Canada, with over 7 in 10 of these being renter households.
281. As in the past, the vast majority of households in core housing need in 1991 had affordability problems, rather than (or combined with) suitability or adequacy problems. Of all households in core housing need, 71.7 per cent had affordability problems only, while a further 14.8 per cent had affordability problems combined with suitability and/or adequacy problems. Tenure differences are important: only 3.6 per cent of all owners, in comparison with 22.9 per cent of all renters, were experiencing core housing need with respect to affordability. This contrast is associated with broad income differences between owners and renters. For example, although renters constitute only 36 per cent of all households in Canada, they make up 62 per cent of all households in the lowest-income quintile.
282. The second most frequently cited problem for people in core housing need in 1991 related to adequacy. About 10 per cent of all occupied dwellings in Canada were in need of major repairs in 1991, and less than 1 per cent lacked basic plumbing. These figures have fallen dramatically over the past several decades. Most of the households living in these dwellings could afford to remedy these conditions themselves. While 10.7 per cent of all owners were living below adequacy standards, only 1.8 per cent of all owners were actually in core housing need while experiencing adequacy problems. Though somewhat worse off, renters followed a similar pattern; while 10 per cent of all renters were living below adequacy standards, 3.5 per cent of all renters were actually in core housing need and experiencing adequacy problems.
283. The third and least likely cause of core housing need in 1991 was crowded living conditions (suitability problems). The role of this factor continues to diminish. As with the other factors, tenure differences are evident, although, for both owners and renters, the majority of households living below suitability standards could have found suitable housing in their area for less than 30 per cent of their income. While 3.8 per cent of all owners were living below the suitability standard, only 0.3 per cent of all owners were actually in core housing need with respect to this standard. While 7.9 per cent of all renters were living below the suitability standard, 2.7 per cent of all renters were actually in core housing need with respect to this standard.
284. In Canada, it is not feasible to measure housing need on the basis of waiting lists. Given the multiplicity of provincial, municipal and community organizations providing assisted housing, most people seeking this accommodation sign onto as many lists as possible. Despite some attempts to consolidate these lists, there continues to be a serious problem of overcounting. Moreover, households on waiting lists typically are not without shelter. People who become homeless qualify for assistance in the form of emergency shelter or hotel accommodation, through general social assistance programmes rather than housing programmes. At the same time, they are more likely to have high priority for social housing, as most providers use a point-rating system which relies on such criteria as affordability, adequacy, suitability, household size, refugee status, imminent eviction and domestic violence.
285. Many details on measuring and responding to housing needs in Canada are provided in the enclosed Background Report, including special sections focusing on children, Canadians with disabilities and Aboriginal peoples.
(vi) Homelessness
286. Sources of data to measure the incidence of homelessness have been limited, largely due to the enormous difficulties involved in enumerating this population. Statistics Canada undertook a special survey of soup kitchens in 16 selected cities as part of the 1991 official census, to test a methodology for future use. Since then, CMHC sponsored research which consolidated and synthesized available information on methods of measuring the extent of homelessness, and is now developing a tool to assist local shelters and agencies in standardizing the collection and management of data on homelessshelter users. CMHC has designated homelessness as a research priority, and initiated an ongoing NHRC Discussion Group on this topic in 1994.
287. Under the Federal-Provincial Non-Profit Housing Program, 5,438 units were produced since 1990, targeted to certain groups including the homeless and those "at risk" of homelessness, such as people being treated for alcohol and drug abuse, people with mental and physical disabilities, survivors of domestic violence and ex-patients of psychiatric hospitals. In addition to the units under the Non-Profit Program, 767 emergency and second-stage shelter units were produced between 1988 and 1995 (Project Haven and Next Step programmes) to aid women and children leaving domestic violence. Under the Shelter Enhancement Initiative, 1,909 shelter units were upgraded and 6 second-stage shelters were created in 1995/96. This initiative was renewed for 1996/97 with allocations of $4.3 million.
288. Under the 1994 reintroduction of the Rental Residential Rehabilitation Assistance Program (Rental RRAP), a specific allocation was identified to rehabilitate existing rooming house accommodation, a stock that typically houses individuals "at risk" of homelessness. Additional units could be rehabilitated where provinces or territories chose to participate. In 1995, with a federal budget of $16 million, Rental RRAP helped rehabilitate 2,523 units. Further funds are being targeted to the rental and rooming house component under the $50 million RRAP extension announced for 1996 and 1997.
289. CMHC recognizes that the problem of homelessness is much broader than a lack of accommodation; rather, it requires an integrated and coordinated approach including long-term supportive housing environments. CMHC has facilitated the development and/or demonstration of a number of comprehensive community-based "enabling" approaches. More details can be found in the enclosed Background Report.
(vii) Improving housing affordability and choice
290. As low-income households are predominantly renters, the private-sector rental stock plays an important role in meeting their shelter needs. Private rental accommodation provides the largest supply of affordable housing in Canada. Over 60 per cent of all rental stock in Canada, or about 2.2 million dwellings, were renting for less than $500 per month in 1991. The average cash rent at that time for all unsubsidized rental dwellings was $513 per month.
291. Two federal Government initiatives were introduced in 1992 to assist renters wishing to become home owners. The First Home Loan Insurance Program reduces the minimum down payment required to purchase a housing unit to 5 per cent, by extending mortgage insurance coverage from 90 per cent to 95 per cent. This Program assisted 247,896 households in the first three years. The Home Buyers Plan allows households with accumulated savings in registered retirement savings plans (RRSPs) to temporarily withdraw up to $20,000 of these funds without a tax penalty, for the purpose of purchasing a home. Between the commencement of this programme in 1992 and August 1994 just over 270,000 individuals had participated, releasing over $2.5 billion of their capital to facilitate access to home ownership.
292. Other federally initiated activities aimed at improving housing affordability and choice include the Affordability and Choice Today (ACT) programme and the Canadian Centre for Public/Private Partnerships in Housing (CCPPPH). The ACT programme is a partnership initiative among CMHC, the Canadian Home Builders' Association, the Canadian Housing and Renewal Association and the Federation of Canadian Municipalities, in which grants are provided to identify, demonstrate and promote changes in municipal planning and building regulations that will improve the affordability of housing. From its inception in 1989 until the end of 1995, this programme provided grants to 94 projects. Based at CMHC, the CCPPPH's mandate is to be a catalyst and adviser in partnership arrangements that generate new affordable housing without government assistance. Assisted projects have included those experimenting with new tenure forms, such as equity cooperatives and lifelease arrangements, as well as community-sponsored housing for the elderly and for persons with disabilities. Since the Centre s establishment in 1991, a total of 60 projects involving just under 3,400 units have been facilitated.
(viii) Enabling strategies
293. Federal housing policy in Canada has historically embraced the vision of enabling individuals and community organizations to actively participate in addressing their own housing needs. This approach has helped to foster a vibrant third sector with significant knowledge and experience in the planning and development, delivery and renovation of housing, as well as ongoing property management. CMHC is especially interested in developing enabling strategies to benefit groups such as the homeless, Aboriginal peoples, seniors, and women and children leaving domestic violence. Detailed information can be found in the enclosed Background Report.
International assistance
294. In February 1995, the federal Government adopted a new statement on foreign policy, "Canada in the World". Under that statement, the function and mandate of official development assistance is outlined as follows. The purpose of Canada's official development assistance is to support sustainable development in developing countries, to reduce poverty and to contribute to a more secure, equitable and prosperous world.
295. In June 1995, the Canadian International Development Agency adopted a new policy on poverty reduction. This policy emphasizes that poverty reduction will be the central focus of the Agency's development cooperation programmes. The Agency will make concerted efforts through its programmes to contribute to a sustained reduction in the number of people living in poverty in developing countries, and in the extent of their deprivation.
296. At the World Summit for Social Development, Canada committed itself to allocating 25 per cent of its official development assistance to meeting basic human needs, i.e. primary health care, basic education, family planning, nutrition, water and sanitation, and shelter. In some areas of the world, the percentage of the aid programmes for that purpose will reach 30 per cent of total aid, and in other areas 35 per cent. The norm agreed to at the World Summit is 20 per cent.
297. Although Canada remains committed to allocating 0.7 per cent of its Gross National Product (GNP) to official development assistance, its present fiscal situation has forced a reduction in spending in recent years to 0.3 per cent of GNP.
Healthcare system
298. For detailed information on the physical and mental health of Canada's population, and for a detailed description of Canada's health system, please refer to the section on Canada in Health Conditions in the Americas, published by the Pan American Health Organization (1994 edition, Volume II, pages 97107) and to the International Handbook on Mental Health Policy, edited by Donna R. Remp, Greenwood Press, Westport, Connecticut and London, pages 4566.
299. As explained in previous reports, Canada has a predominantly publicly financed, privately delivered healthcare system, which provides access to universal, comprehensive coverage for medically necessary hospital and physician services.
300. It is best described as an interlocking set of 10 provincial and 2 territorial health insurance plans, resulting from the constitutional assignment of jurisdiction over most aspects of health care to the provincial order of government. The system is referred to as a "national" health insurance system in that all provincial-territorial health insurance plans are linked through adherence to national principles set at the federal level. The federal Government is assisting in the financing of provincial-territorial healthcare services through fiscal transfers (Canada Health and Social Transfer). Provincial-territorial health insurance plans must meet the following principles for a province or territory to qualify for its full federal transfer payments: universality of population covered; comprehensive coverage of insured services; reasonable access to insured services without an impediment by way of user charges (no one may be discriminated against on the basis of income, age, health status, etc.); portability of benefits; public administration on a non-profit basis.
301. The National Forum on Health, the first in-depth national review of Canada's health system since the early 1980s, was launched in 1994 to examine the medium- to long-term issues facing Canada's health system and to find innovative ways to improve the health of Canadians. The Forum's membership includes the Prime Minister (chair), the federal Minister of Health (vicechair), and 24 volunteer members from a variety of backgrounds in the area of health. The purpose of the Forum was to provide an opportunity for Canadians from across the country to discuss the future of the health system.
302. The Forum's final report, issued in February 1997, concluded that current levels of spending are sufficient and that the public sector has proven it can manage the system efficiently. It concluded that preserving Medicare also means adapting to new realities. Key recommendations include: expansion of public coverage to include all medically necessary services (i.e. home care and drugs); reforming primary care funding, organization and delivery; creation of a transition fund to support evidence-based innovations; strengthen community action; creation of a national health information system.
Percentage of GDP spent on health
303. In 1994, Canada spent an estimated $72.5 billion on health care, representing 9.7 per cent of GDP. The overall annual rates of growth in national health expenditures, estimated by Health Canada, slowed to 1.0 per cent for 1994, down from 2.5 per cent in 1993 and 5.6 per cent in 1992. In 1994, estimated spending on hospitals and other institutions was 47 per cent of total health expenditures. Estimated spending on physician services was 14.2 per cent, while estimated spending on drugs amounted to 12.7 per cent. Public-sector spending (spending by governments) represented 71.8 per cent of total health expenditures.
(i) Infant mortality rate
304. The infant mortality rate per 1,000 live births in 1992 was 6.1. In 1993, however, there was a slight increase, from 6.1 to 6.3. This was the first time since 1962 that there was an increase in infant mortality rates. Rates had declined steadily prior to 1993. Historically, mortality rates have been higher for male newborns than for female newborns. However, the gap has been narrowing steadily. In 1993, the infant mortality rate was 6.9 per 1,000 for boys compared with 5.6 for girls.
(ii) Access to safe water and to adequate excreta-disposal facilities
305. The vast majority of the population has drinking water services. Eighty per cent have disposal systems served by community services, and 20 per cent have individual sewage systems. The Aboriginal populations lack adequate plumbing facilities in a greater proportion: 81.5 per cent of households have at least cold running water, while 88.6 per cent of homes have flush toilets.
(iii) Infant immunization against diphtheria, pertussis, tetanus, measles, poliomyelitis and tuberculosis
306. Eighty-five to 90 per cent of children receive DPT (diphtheria, pertussis, tetanus) and polio vaccines, and 95 per cent are immunized against measles before the age of 2.
(iv) Life expectancy
307. Life expectancy in Canada has increased steadily over the decades to become among the longest in the world. Female babies born in 1993 could expect to live 81 years on average, and males could expect to live 74.9 years. Among Aboriginal peoples, life expectancy at birth was about seven years less than for the total Canadian population in 1991, for both men and women. Life expectancy varies significantly among Aboriginal groups in Canada.
(v) Access to trained medical personnel
308. It is estimated that the entire population has access to health services, and that all pregnant women and nursing infants, and most deliveries, are attended by trained personnel.
Health of disadvantaged groups
309. Although health is a provincial-territorial responsibility, the federal Government is responsible for the health of Aboriginal people on reserves and in the North.
310. Recognizing the need to increase current programming and to respond to health concerns expressed by First Nations and Inuit, a working group was established in 1991 to recommend practical changes to improve the health of all Aboriginal people in Canada. The working group's recommendations were submitted in 1993 to the Conference of Deputy Ministers of Health. At the February 1994 Conference of Ministers of Health, the federal Health Minister agreed to consult with the five national Aboriginal organizations for the development of a comprehensive health policy, and to report to the provinces and territories on these consultations.
311. In September 1994, the Minister announced a new health strategy for Aboriginal people, entitled Building Healthy Communities, with a budget of $243 million. This funding is devoted to priorities identified by First Nations and Inuit people in areas of mental health, solvent abuse and homecare nursing. In addition, the federal Government has taken steps to enhance and expand the transfer of health resources to First Nations and Inuit communities, at a pace determined by them. Close to 100 First Nations are already controlling their own community health resources as a result of the transfer initiative, and more than 200 others are involved in some phase of the transfer process.
312. Despite impressive gains, Aboriginal children on reserves and Inuit are still considered to be among those most at risk in Canada. The infant mortality rate is more than twice as high as that of the non-Aboriginal population, a higher rate than the poorest neighbourhoods in urban Canada. Indian and Inuit communities also have higher rates of death and illness from unintentional injuries, violence and suicide. The isolation of many communities and lack of economic activity are major contributing factors. Fifty-one per cent of Aboriginal children live in poverty compared to 18 per cent in the general population. New "Brighter Futures" programmes, funded by Health Canada and implemented and delivered in partnership with the provinces and territories, are designed to improve the physical, mental and social well-being of Inuit and onreserve Indians. This includes the First Nations and Inuit component of the Canada Prenatal Nutrition Program referred to in paragraphs 254 and 327.
313. For Aboriginal people living off reserve, a community-centred early intervention programme, designed and controlled by Aboriginal people, the Aboriginal Head Start Program, is being developed to address the unique needs of Aboriginal children off reserve in urban centres and large northern communities.
314. Health Canada provides bursaries and scholarships for the training of Aboriginal health professionals. This is in addition to funding for postsecondary education described in paragraph 350.
315. Some initiatives supporting research related to Aboriginal health include the First Nations Health Research and Development Program, funding for research on diabetes in the Canadian Aboriginal population, and the National AIDS Strategy Coordination of Aboriginal HIV/AIDS Issues. Other activities include the Seniors Aboriginal Project and the Senior Community Program, as well as the Community Action Program for Children, which is jointly managed by the federal, provincial and territorial governments to fund community groups for the delivery of services addressing the developmental need of at-risk children (0-6 years). Aboriginal and Inuit women and their families are a priority group.
Women's health
316. For detailed information on health care for women in Canada, please refer to the most recent national report on the Convention on the Elimination of All Forms of Discrimination against Women under article 12.
317. The Women's Health Bureau was created in August 1993. Its main responsibility is to ensure that women's health issues are given appropriate attention and emphasis within Health Canada. The Bureau works to promote an understanding of gender as a critical variable in health, and to analyse and assess the impact of policies, programmes and practices of the health system on women's health. In 1995, the Bureau coordinated the federal Government's contributions to the health chapter of the Beijing Platform for Action. The Women's Health Bureau will coordinate the development of federal Government implementation plans related to the health chapter of the Platform. The Platform for Action has helped and will continue to help shape the work of the Women's Health Bureau, in particular the Women's Health Strategy described below.
318. The Women's Health Bureau is developing a Women's Health Strategy guided by four objectives: (i) to ensure that Health Canada policies and programmes are responsive to sex and gender differences, and to women's health needs; (ii) to increase knowledge and understanding of women's health and women's health needs; (iii) to support the provision of appropriate and effective health services to women; (iv) to promote good health through prevention and the reduction of those risk factors that most imperil the health of women. Gender-impact analyses of all departmental policies and programmes will be implemented.
319. On 25 June, 1996, the Minister of Health announced the establishment of five Centres of Excellence for Women's Health located in Halifax, Montreal, Toronto, Winnipeg and Vancouver. These centres will examine and conduct research on issues such as the impact of health reform on women and women's health; patterns of health service provision to women; women's experience with the health system; and influences on health and the health needs of particular groups of women. The centres will influence policy-development processes in the health system and respond to requests for policy advice in specific areas. The centres of Excellence for Women's Health Program also provides financial support to the Canadian Women's Health Network (CWHN), established to link the Centres and other organizations and individuals concerned with women's health in the governmental and non-governmental sectors.
320. Health Canada addresses women's health in numerous programmes, which are described below.
321. From 8-10 August, 1996, the Minister of Health and the United States Secretary of Health and Human Services, Donna Shalala, co-hosted the first ever Canada-USA Women's Health Forum. The principal objectives of this event were to exchange information on women's health programmes and policies; influence the policy-making process in both countries; increase the profile of and raise awareness about key women's health issues; discuss the implementation of commitments made during the Beijing Conference; and finalize a programme of cooperation in women's health between Canada and the United States on joint initiatives in the areas of breast cancer, tobacco use, research and information networks.
322. In 1992, the federal Government launched its Breast Cancer Initiative and allocated $25 million over five years to breast cancer research and support programmes.
323. Legislation entitled the Human Reproductive and Genetic Technologies Act (Bill C-47) was introduced in June 1996 prohibiting 13 unacceptable uses of new reproductive and genetic technologies (NRGTs). A position paper was also released setting out the federal Government's proposed policy on the management of NRGTs, including a proposed regulatory component.
324. As part of Canada's Drug Strategy, Health Canada is collaborating with other federal departments, provincial governments and NGOs to reduce the harm to women caused by alcohol and other drugs. A 1993 round table and the 1994 National Workshop for Action on Women and Substance Abuse brought together experts from across Canada to identify key issues and strategies for action.
325. The Women and Tobacco Initiative and the Pre- and Postnatal Tobacco Initiative are key components of the 1994 Tobacco Demand Reduction Strategy. Programs under the Initiative address, inter alia: research on women and smoking prevention, reduction and cessation; policy development on tobacco control; demonstration projects of women-centred approaches.
326. An Interdepartmental Working Group on Female Genital Mutilation (FGM), chaired by Health Canada, held community consultations in February and March 1995 to seek input on how to best address this issue. As a result, a public education tool is being developed to help educate communities about the health, legal and socio-cultural aspects of FGM.
327. The Canada Prenatal Nutrition Program, announced in February 1994, is a comprehensive programme of which food supplementation is a key element, accompanied by nutrition counselling, support and education with reference to such issues as substance abuse and other factors including stress and violence. The Program is targeted to low-income pregnant women and will set up new programmes or expand already existing ones.
328. The Girls and Women Initiative within Health Canada's Fitness Program focuses on building the knowledge base and identifying the most appropriate approaches for eliminating social, systemic and structural barriers that affect participation in physical activity.
329. The health of senior women is a major focus of the work of the Division of Aging and Seniors of Health Canada. The Division coordinates the New Horizons: Partners in Aging community funding programme, which has provided financial support for innovative demonstration projects involving seniors at the grassroots level, including many projects relevant to senior women. The Senior's Independence Research Program (SIRP) is an extramural research programme designed to strengthen national research with a balanced emphasis on social, economic and health determinants for seniors. The Program has a major focus on dementia (including Alzheimer's Disease) and osteoporosis, both of which are significant health concerns for women.
330. In addition to the above research initiatives, biomedical and epidemiological research and regulatory activities in Health Canada address a wide range of women's health issues, including chronic diseases (such as breast cancer and other cancers, Alzheimer's disease and other dementias), sexual and reproductive health (such as AIDS/HIV and other sexually transmitted diseases), environmental and occupational health issues (such as farm family health, effects of organochlorides in the environment), tobacco, maternal and child health, and drug safety.
Protection of the environment
(i) Legislative changes
331. The Canadian Environmental Protection Act, proclaimed into force on 30 June, 1988, provides a framework for protecting Canadians from all forms of pollution caused by toxic substances, as explained in Canada's previous report under the Covenant (paragraphs 142-143). The Act underwent a comprehensive parliamentary review by the House of Commons Standing Committee on Environment and Sustainable Development in 1994/95. In its June 1995 report, entitled It's About Our Health!, the Committee proposed major changes to the Act. The Government's response, filed in December 1995, will be followed by some related legislative amendments.
332. The Transportation of Dangerous Goods Act, 1992 promotes public safety in the transportation of dangerous goods. Public safety is understood to cover people, property and the environment. The Act applies to anyone who offers for transport, handles or transports dangerous goods, or who manufactures means of containment for dangerous goods; the scope of application includes all levels of government, their departments, agencies and corporations. It allows for court orders for environmental cleanups and for public safety-oriented research. The Regulations adopted under the Act, based on the United Nations Recommendations on the Transport of Dangerous Goods, are used by the provinces and territories as their own regulations, thus providing domestic consistency in the promotion of public safety.
333. The Migratory Birds Convention Act, 1994, assented to on 23 June, 1994, clarifies the scope of the original Act passed in 1917 to implement the Migratory Birds Convention between Canada and the United States. Also, the Canada Wildlife Act, passed in 1973 to permit the Government to conduct wildlife research and to undertake various activities related to wildlife conservation and interpretation, was amended in June 1994 to cover wild plants and other organisms as well as marine areas. In each case, the new enactment updates and strengthens the enforcement provisions, and increases the penalties for offences and the authority of the courts to make sentencing orders.
334. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) came into force on 14 May, 1996. It replaces and strengthens legislation that was previously used to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In addition, it prohibits trade in wildlife which has been taken illegally or transported illegally from one province or territory of Canada to another, as well as prohibiting the importation of species which are harmful to Canadian ecosystems. The Act provides for high penalties (both fines and jail terms) for offences.
335. The Alternative Fuels Act was passed by Parliament and assented to on 22 June, 1995. The purpose of this enactment is to accelerate the use in Canada of alternative fuels in motor vehicles to reduce the emission of carbon dioxide and other greenhouse gases, thereby lessening dependence on petroleum-based fuels for transportation. The enactment requires the President of the Treasury Board to ensure that, by the year 2004, following a seven-year phasing-in period, 75 per cent of all automobiles, passenger vans and light duty trucks operated by federal Government departments and agencies will be using alternative fuels. The same requirement applies to every Crown corporation.
336. The Canadian Environmental Assessment Act, assented to on 23 June, 1992, came into force on 19 January, 1995. It replaces the Environmental Assessment and Review Process Guidelines Order of 21 June, 1984 to integrate environmental considerations into all federal project planning. It provides a complete framework for environmental assessment, specifying, for example, the projects subject to an environmental assessment, the federal authority responsible for the assessment, the detailed process to follow, the possibility of judicial review of the decision made, the conditions for citizens' access to information, and the regulation-making authority. The Act also establishes the Canadian Environmental Assessment Agency to advise and assist the Minister of the Environment in performing the duties and functions conferred on the Minister by the Act.
(ii) Promotional activities
337. The federal Government recently announced a new programme, Action 21, to help Canadians take action in support of a healthy environment. Action 21 has two components: a community funding programme for non-government, non-profit organizations and a public-awareness initiative to encourage Canadians to make choices in favour of the environment in their daily lives.
(iii) Other initiatives
338. The Government has taken action in a number of areas to protect the ozone layer within its Ozone Protection Program. Actions under this program include: accelerating the phase-out of ozone-depleting substances, supporting recovery and recycling of these substances; informing the users of the substances about the alternatives available and informing the public about the issue and what they can do to help to resolve it.
339. The strategy for phasing out ozone-depleting substances includes the elimination of the production and import in Canada of chlorofluorocarbons by 1 January, 1996, the complete elimination of importation of new halons beginning 1 January, 1994 (halons are not manufactured in Canada), the elimination of production and import of carbon tetrachloride by 1 January, 1995, and the elimination of production and import of methyl chloroform and hydrobromofluorocarbons by 1 January, 1996.
(iv) International cooperation
340. Canada is a supporter of strong and effective international conventions to deal with global environmental threats and the early ratification of these conventions. Canada is therefore party to a number of international environmental agreements inside and outside the United Nations system as explained in the previous report (paragraph 151). In addition, Canada is now party to the 1992 amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer, the 1992 Framework Convention on Climate Change, and the 1992 Convention on Biological Diversity. Canada will host the ninth meeting of the States parties to the Montreal Protocol in 1997. That meeting will mark the tenth anniversary of the Montreal Protocol, adopted in 1987.
341. Canada has a number of bilateral agreements with the United States and other countries. In addition to the agreements mentioned in the previous report (paragraph 152), Canada has an Air Quality Agreement with the United States (1991), as well as bilateral environmental cooperation agreements with the People's Republic of China (1993), the Russian Federation (1993), Chile (1995) and the Republic of Korea (1995). In the trilateral context, Canada, the United States and Mexico are party to the 1992 North American Agreement on Environmental Cooperation and have created the North American Commission on Environmental Cooperation to, among other things, oversee the implementation of the Agreement.
(v) Industrial hygiene
342. As mentioned in Canada's second report on articles 10-15 (paragraph 154), the Workplace Hazardous Materials Information System (WHMIS) came into force in October 1988. As part of the original package, exclusions from WHMIS requirements were granted for the following products: a restricted product when packaged as a consumer product; explosives within the meaning of the Explosives Act; a cosmetic, drug, food or device within the meaning of the Food and Drug Act; a pest-control product within the meaning of the Pest Control Product Act; a prescribed substance within the meaning of the Atomic Energy Control Act; wood or products made of wood. A review by a committee of Parliament on the need to continue with these exemptions was recently completed. Based on the recommendations of the committee and with the government's concurrence, amendments to WHMIS addressing the existing exclusions will be presented to Parliament for consideration in the future.
343. The Non-Smokers' Health Regulations have been revised. Smoking on all international flights by Canadian airline companies is now banned. Over the past five years, revisions of the regulations have occurred, which have banned smoking in an incremental manner. However, the Supreme Court has declared unconstitutional the provisions of the Tobacco Products Control Act that prohibit the advertising and promotion of tobacco products in Canada.
344. As mentioned in previous reports, in Canada, education is a provincial responsibility. The federal Government, however, has responsibility for the education of children who live on Indian reserves or Crown land. Also, the Government continues to provide support for post-secondary education through fiscal transfers to provinces and territories, aid to university research, student financial assistance and other forms of support.
Education of Aboriginal people
345. The percentage of school-aged (4-18) children on reserves enrolled in kindergarten, elementary and secondary schools increased from 80 per cent in 1985/86 to 81.6 per cent in 1995/96. The rate of perseverance also increased. The proportion of children who remain in school until grade XII increased from 33.9 per cent to 75.1 per cent during the same period.
346. The number of students receiving some level of instruction in their Aboriginal language continues to rise. In 1994, nearly 69 per cent of the on-reserve student population received such instruction. A major integration of Indian languages, culture and traditions has taken place, and there has been a dramatic increase in the number of Aboriginal people among teaching staff and school administrators.
347. The federal Government continues to transfer the control of schools on reserve to Indian First Nations. In 1996, 429 schools were operated by First Nations, compared with 280 in 1988/89. In 1995/96, 57 per cent of the students were attending schools operated by First Nations compared with about 36 per cent in 1988/89.
348. The number of Registered Indians aged 17 to 34 enrolled in post-secondary education more than doubled between 1985/86 and 1995/96, from 11,170 to 26,300.
349. As mentioned in paragraph 164 of Canada's second report on articles 10-15 of the Covenant, the Government of Canada provides financial support to Registered Indian and Inuit students for tuition fees, travel and living expenses. The total amount of funds allocated to this programme increased from $147.2 million in 1989/90 to $261.3 million in 1995/96.
Support for post-secondary education
350. The federal Government continues to support post-secondary education. In 1994/95, total federal support reached $8.2 billion, compared with $8.1 billion in 1993/94. It represented more than 50 per cent of total expenditures for postsecondary education from all sources in 1994/95. Of this amount, $6.18 billion were in the form of fiscal transfers to provincial and territorial governments.
351. Up to the fiscal year 1995/96, the transfers were provided under the federalprovincial fiscal arrangements, which provided for transfers to the provinces and territories for post-secondary education and health. As of 1 April 1996, the range of block-funded programmes will be expanded to include support for social assistance under the terms of the Budget Implementation Act, 1995. The new arrangement, to be known as the Canada Health and Social Transfer, increases the flexibility available to the provinces and territories to allocate the federal funding in the three areas covered health, postsecondary education and social programmes according to their own priorities.
352. The most recent reports of the Organization for Economic Cooperation and Development (OECD) show that Canada has the highest level of educational expenditure as a percentage of gross domestic product among its member States.
353. As mentioned in Canada's previous report, the federal Government provides financial assistance to the provinces and territories in support of the additional costs that they incur in the maintenance and development of minority officiallanguage education and second officiallanguage instruction at the primary, secondary and post-secondary levels. Federal expenditures with respect to official languages in education at all levels of education were $211.1 million in 1994/95.
354. In May 1993, the Government of Canada announced the implementation of special initiatives concerning school governance and postsecondary education in French. These measures were aimed at helping certain provinces to implement school governance for their Francophone minority and expanding access to postsecondary education in French.
Financial assistance for students in higher education
355. Major changes have been made to the Canada Student Loans Program (CSLP). These include changes in the eligibility requirements, increased assistance for the most needy students, and measures to streamline the system and alleviate the burden for the taxpayer.
(i) Increased assistance
356. On 1 August 1994, the weekly loan limit for a fulltime CSLP student loan was raised from $105 to $165, and the ceiling on loans for a parttime student was raised from $2,500 of maximum outstanding principal to $4,000.
357. Previously, parttime students had to make principal and interest payments on their loans during their studies. This is no longer the case. Parttime students are now required to pay only the interest on their loans while they are in studies, and payments on principal and interest begin six months after ceasing studies. Also, highneed students who can study only part time because of family or other responsibilities are now eligible for special opportunity grants of up to $1,200 per year to assist them to pay for education expenses (grants do not have to be reimbursed).
358. Women in certain fields of doctoral studies are able to apply for special opportunity grants of up to $3,000 for up to three years. The fields encompass a wide variety of disciplines in which women have historically been under-represented.
359. Loan forgiveness is available for students with permanent disabilities who are facing financial hardship. In addition, eligibility requirements for full-time loan assistance take into account the extra time it may take students with disabilities to complete their studies. Students with permanent disabilities may also be eligible for special opportunity grants of up to $3,000 to help meet their exceptional educationrelated costs.
360. The Interest Relief Plan, whereby borrowers in financial difficulty may defer payment, has been expanded to include lowincome employed borrowers, as well as those who are unemployed or temporarily disabled. Interest relief is available for up to 18 months during the first 5 years of repayment for full-time students, and 30 days after disbursement for parttime students.
(ii) Changes in eligibility requirements
361. The eligibility criteria for the CSLP have been changed to link aid to the successful and timely completion of studies. In addition to existing criteria, students must now complete the programme within the number of periods of study normally specified by the school, plus one additional period, if necessary. They must enrol in a programme of studies leading to a degree, diploma or certificate. Fulltime students must successfully complete 60 per cent of a full course load to be eligible for continued funding. Fulltime students may be entitled to a maximum of 340 weeks of assistance (400 weeks in the case of doctoral students). However, fulltime students who received loans prior to 1 August 1995 and students with permanent disabilities continue to have up to 520 weeks of assistance.
362. The Government has signed contracts with nine financial institutions that are providing loans to students. The Government pays the interest on the loans while the borrowers are pursuing their fulltime studies and, in the case of loans negotiated prior to 1 August 1993, for six months after the completion of studies.
363. The lenders now assume full responsibility for the loans after the termination of their studies. In return for taking on the risk associated with loans not being repaid, the Government pays the lenders a risk premium of 5 per cent of the face value of the loans entering consolidation. All eligible students will continue to have access to CSLP student loans without reference to past credit history and with no fees charged on the loan, while they are in fulltime studies.
364. These changes were facilitated by the passage in 1994 of the Canada Student Financial Assistance Act, which came into force on 1 August 1995.
365. In the 1995/96 academic year, university tuition fees increased on average by 7.1 per cent for undergraduate students. Despite the high publicsector contribution to postsecondary education, tuition fees in Canada are still relatively high compared to other OECD countries such as France, the United Kingdom and Germany, where tuition fees are significantly lower or nonexistent. However, the most recent OECD indicators show that Canada has one of the highest net enrolment rates in tertiary education. Data indicate that, in general, Canada's postsecondary education systems are highly subsidized by the public sector, widely accessible, and produce a high number of graduates relative to the young population.
Measures to promote education and literacy
366. Since 1989, through its Labour Force Development Strategy, the Government of Canada has increased the use of employment insurance funds to promote education at the secondary and postsecondary levels. Employment insurance claimants have greater access to an employment insurance claim to gain secondary school equivalencies, as well as to acquire vocational skills at the postsecondary level to increase employability and lessen subsequent periods of reliance on the employment insurance programme. These funds are also now available for use in literacy and numeracy training projects.
367. Two new programmes were created in 1994/95: the Learning Initiatives Fund and the Office of Learning Technologies. The Learning Initiatives Fund was established to support initiatives contributing to the development of a more resultsoriented, accessible, relevant and accountable learning system. The Office of Learning Technologies was established to work with partners across Canada to expand innovative learning opportunities through technologies. Potential partners include universities, colleges and other learning organizations, sector councils, labour, privatesector and business associations; all levels of government; non-governmental organizations and community groups. The vision of the Office of Learning Technologies is to contribute to the development of a lifelong learning culture in Canada. Its main objectives are to promote the effective use of learning technologies, support assessment, research and testing related to their use, and increase the availability and sharing of knowledge and quality information about learning technologies. The Office of Learning Technologies is currently working towards these objectives through a number of initiatives, including consultations, partnershipbuilding, a contribution programme and projects featuring effective use of learning technologies by diverse groups of adult learners in learning settings across Canada, and development of information databases and an Internet site.
368. The National Literacy Secretariat (NLS) continues to promote literacy in Canada in collaboration with the provincial and territorial governments, and the private and voluntary sector. By supporting the raising of public awareness, improving access and outreach, enhancing information sharing and coordination, developing Canadian learning materials and supporting research, the federal Government complements provincial-territorial literacy-delivery systems.
369. The Government has widened significantly the scope of literacy activity in this country by forming partnerships with the voluntary sector. Ongoing partnerships with national organizations such as the Movement for Canadian Literacy, la Fédération canadienne pour l'alphabétisation en français, Laubach Literacy of Canada and Frontier College provide an overarching network for the literacy community. As well, many influential associations have joined with the federal Government to promote literacy in Canada. The federal Government, through the NLS, has forged significant partnerships with business and labour to promote literacy practice in the workplace and to encourage the support of workplace literacy programmes.
370. In 1994, the International Year of the Family, the federal Government and its national literacy partners joined together with dozens of other literacy groups to promote family literacy. Based on the assumption that literacy begins at home, the NLS worked with its provincial partners to support projects that develop family literacy.
371. In 1994, the federal Government restored the NLS programme fund cuts made by the previous Government. The NLS has operated at its full budget of $22.3 million since then. In 1997/98, the budget for the NLS will increase by 31 per cent to $29.3 million. As well, NLS designed the literacy component ($2 million annually) of TAGS (The Atlantic Groundfish Strategy mentioned in paragraph 217). This initiative, currently in year three of its fiveyear mandate, has seen the development of communitybased responses to the literacy concerns of fishers and has complemented active measures, including literacytraining programmes. To respond to the desire of young people to become involved in literacy issues as tutors, and to meet some literacy needs of young people, the NLS administers the $1 million (annually) Literacy Corps Program.
372. The Canadian Report of the International Adult Literacy Survey (IALS) was released by Statistics Canada in September 1996. To use the language of the report, IALS is a recognition that the definition of literacy has evolved from basic reading competence to include the ability to understand and employ printed information in daily activities encountered at home, at work and in the community to achieve one's goals, and to develop one's knowledge and potential. The ability to use and process written information is a necessary skill in industrialized nations. The IALS survey recognizes that everyone has some level of proficiency, which may or may not be sufficient to meet daily demands. While the study assessed three different aspects of literacy (prose literacy, document literacy and quantitative literacy) for practical purposes, reference is often made to the prose scale. On this scale, Canadians are found to have the following literacy skills. At level one, 22 per cent of Canadians have extreme difficulties with reading. They have very few basic skills or strategies available to them to decode and work with text. Generally, they are aware that they have problems. At level two, 26 per cent of Canadians have only the most limited of skills; they read, but they do not read well. Individuals at this level are constrained by having limited strategies to decode text and often do not recognize their own limitations. At level three, 33 per cent of Canadians have a basic skill level which, in many countries, is viewed as an effective working level. Twenty per cent of Canadians are at levels four to five and have very high levels of literacy, with wide skill sets and many strategies.
373. Since 1995, Canada, the United States and Mexico conducted the Program for North American Mobility in Higher Education in the spirit of the North American Free Trade Agreement. This is a cooperative initiative to enhance student academic and work exchange among higher education/training institutions and the private sector in the three countries. Twenty cooperative activities involving more than 400 students over three years have been approved in 1995/96. A similar initiative, the CanadaEuropean Community Program for Cooperation in Higher Education and Training, was also launched in December 1995. This threeyear pilot programme is aimed at expanding linkages for Canadian colleges and universities with counterparts in EC member States to promote student exchanges and internships. Six cooperative projects involving more than 150 Canadian students over three years were selected in 1996.
Availability of funds
374. In the 1994/95 fiscal year, all levels of government in Canada spent about $5,839,000,000 on culture. The federal Government spent $2,875,000,000; provincial and territorial governments $1,824,000,000; and municipal governments $1,426,000,000. (From these totals, $286 million in intergovernmental transfers must be subtracted to avoid doublecounting.) Total gross expenditures by governments increased 8.6 per cent from 1989/90 to 1994/95.
375. At the federal level, the Canadian Broadcasting Corporation (CBC) is a major vehicle for cultural policy. In fact, broadcasting consumed over one half of the total federal spending on culture. Another $622 million were spent by the federal Government on heritage resources, that is, specifically, museums, public archives, historic sites and nature parks.
376. The largest single area of provincial, territorial and municipal government expenditure on culture was libraries, an important means of disseminating Canadian cultural material. The provinces spent $676.2 million on libraries and the municipalities spent $1.1 billion on libraries in 1994/95.
377. Federal Government spending by many departments will continue to decline. In the February 1995 budget, the Minister of Finance announced spending cuts to the Department of Canadian Heritage and its agencies of $676 million over three years, starting in 1995/96. Authorized spending levels are budgeted to fall by approximately 2528 per cent by 1998/99 from $2.8 billion in 1994/95. These projected costs included, in 1995/96 alone, a 4 per cent cut to the CBC and 5 per cent cuts to Telefilm Canada and the National Film Board. The Canada Council has made major changes to reduce its budget while trying to maintain its support to the cultural community.
Institutional infrastructure
378. Responsibilities for cultural matters have been transferred to the recently created Department of Canadian Heritage from the Department of Communications, which has been abolished. The Department of Canadian Heritage also inherited some responsibilities, including human rights, multiculturalism and official languages, which were previously under the Department of Multiculturalism and Citizenship, which was also abolished.
Promotion of cultural identity as a factor of mutual appreciation among individuals, groups, nations and regions; promotion of awareness and enjoyment of the cultural heritage of national ethnic groups and minorities and of Indigenous peoples
379. In August 1994, the Government of Canada approved the establishment of an accountability framework for carrying out its commitments to officiallanguage minority communities. Under the Official Languages Act, the federal Government is committed to fostering full recognition and use of English and French in Canadian society, as well as enhancing the vitality of English and French linguisticminority communities everywhere in Canada. This commitment involves not only seeing that these communities enjoy access to services in their own language, but also having all federal institutions participate actively in fostering their development and enhancing their vitality. In compliance with the accountability framework, 26 key agencies and departments, which were required to consult the minority communities to assess their needs, have prepared action plans in which the federal institutions established different measures and activities to fulfil their commitments. The federal institutions in question are basically those working in the fields of economic, cultural and human resources development.
380. The direct financial assistance provided by the Government of Canada to officiallanguage minority communities through its Official Languages Support Programs now takes the form of agreements between the Government of Canada and the community of each province or territory. These agreements aim at helping communities to take greater control of their own development and to participate more actively in setting priorities and allocating resources.
381. The Department of Canadian Heritage is responsible for the administration of the Canadian Multiculturalism Act, enacted in 1988. The Act is designed to strengthen Canada by fostering an inclusive society in which all people of all backgrounds, whose identities are respected and recognized as vital to an evolving Canadian identity, feel a sense of belonging and attachment to this country, and participate fully in Canadian society.
382. The Secretary of State for Multiculturalism and the Status of Women has tabled in Parliament, the seventh annual report of the Government, for the year 1994/95, on the operation of the Act. A copy of that report will be forwarded to the SecretaryGeneral with the present report*. Each of the annual reports provides information on the activities carried out by well over 100 departments and agencies to promote multiculturalism in areas as diversified as government operations, cultural affairs, economic affairs, health, justice, defence and foreign affairs.
* Available for consultation at the Office of the United Nations High Commissioner for Human Rights.
383. The Department of Canadian Heritage monitors these activities and continues actively to promote the implementation of the Act and the multiculturalism policy of the Government. Many interdepartmental and intergovernmental committees assist in this task, including the Interdepartmental Working Group on Multiculturalism and Justice and the FederalProvincialTerritorial Working Group on Multiculturalism and Justice.
Role of the media
384. In 1991, Parliament adopted a new Broadcasting Act. The new Act contains provisions similar to those of the previous Act, and it confers on the Canadian Radio-Television and Telecommunications Commission powers similar to those it had under that Act as described in paragraphs 124127 of Canada's first report on articles 1315 of the Covenant.
Preservation and presentation of humankind's cultural heritage
385. In 1995, the Old Town portion of Lunenburg, Nova Scotia, was officially designated a World Heritage Site by the United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Committee. The World Heritage Committee accepted Lunenburg as "an outstanding example of planned European colonial settlement in North America in terms both of its conception and its remarkable level of conservation". Lunenburg is the second World Heritage Town designated in Canada, Quebec City having been listed in 1985.
386. At the same time, the Waterton Glacier International Peace Park has also been designated a World Heritage Site. Under the designation, Waterton International Peace Park (Canada) and Glacier National Park (United States) join, under the name Waterton Glacier International Peace Park, the Grand Canyon, the Canadian Rocky Mountain Parks, Australia's Great Barrier Reef and more than 400 other World Heritage Sites of outstanding global value. Waterton Lakes National Park protects 525.8 square kilometres in southern Alberta. The Government of Canada established the park in 1895, 15 years before Glacier would achieve similar status in the United States. Canada and the United States expanded the national park concept in 1932, when they formed Waterton Glacier International Peace Park, the first to span an international border. The United Nations recognized the significance of both parks by designating them Biosphere Reserves for research, education and the preservation of biological diversity.
387. In 1995, Parliament adopted Bill C-93, which amended the Cultural Property Export and Import Act, the Income Tax Act and the Tax Court of Canada Act. Bill C93 established an appeal process for determinations, made by the Canadian Cultural Property Export Review Board, of the fair market value of certified cultural property. The amendments to the above acts are designed to give the donor or recipient institution the right to request that the Review Board reconsider its initial determination, if the donor believes it does not represent the fair market value. Also, if the donor disagrees with the Board's redetermination of the market value of the cultural property, he/she may appeal this decision to the Tax Court of Canada. The amendments will benefit donors and museums, archives, libraries and art galleries throughout Canada. While donors do receive a tax credit, their donations enrich public collections for the enjoyment and education of all Canadians. These amendments help to ensure that objects that might otherwise be lost to Canada are retained in Canada and donated to public institutions.
388. The Canadian Museum of Civilization Corporation oversees both the Canadian Museum of Civilization and the Canadian War Museum. The Canadian Museum of Civilization, located in Hull, officially opened on 29 June 1989. It has a collection of more than 4 million artifacts, including the world's greatest collection of totem poles. The mandate of the Canadian Museum of Civilization Corporation is to promote Canada's cultural heritage and to make better known its various cultures, to foster mutual understanding among these many cultures and to make Canadians more aware of their military history.
389. The Canadian Museum of Civilization Corporation conducts research in the fields of archaeology, history, folk culture and ethnology. It brings the results to public attention through exhibitions, educational programmes, workshops, demonstrations, guided tours, the showing of films at CINEPLUS and the Theatre, lectures, multimedia presentations, electronic and print publications, the World Wide Web, the production of CDROMs, effective publicity and public relations campaigns, and special events.
Legislation protecting freedom of artistic creation and performance
390. In 1992, Parliament adopted the Status of the Artist Act. This Act states that the Government of Canada recognizes: (a) the importance of the contribution of artists to the cultural, social, economic and political enrichment of Canada; (b) the importance to Canadian society of conferring on artists a status that reflects their primary role in developing and enhancing Canada's artistic and cultural life, and in sustaining Canada's quality of life; (c) the role of the artist, in particular his/her ability to express the diverse nature of the Canadian way of life, and the individual and collective aspirations of Canadians; (d) that artistic creativity is the engine for the growth and prosperity of dynamic cultural industries in Canada; and (e) the importance of artists such that it compensates them for their works, including the public lending of such works.
391. It also states that Canada's policy on the professional status of the artist is based on: (a) the right of artists and producers to freedom of association and expression; (b) the right of associations representing artists to be recognized in law, and to promote the professional and socioeconomic interests of their members; (c) the right of artists to have access to advisory forums in which they may express their views on their status and on any other questions concerning them.
392. The Act provides for the establishment of a Canadian Council on the Status of the Artist to provide information and advice to the Minister of Canadian Heritage; to defend and promote the professional status of artists in Canada; to maintain close contacts with associations representing artists across Canada; and to propose measures to improve the material considerations of artists.
393. The Act also provides a legal framework for professional relations between self-employed artists and producers under federal jurisdiction. This framework relies on the establishment of the Canadian Artists and Producers Professional Relations Tribunal.
Right to enjoy the benefits of scientific progress and its application
(i) Institutional infrastructure
394. During this reporting period, the Government of Canada launched a comprehensive science and technology review to examine the challenges facing science and technology in Canada, and the opportunities for federal action. As a result of extensive public consultations and valuable input from other sources, the federal Government adopted a new science and technology strategy designed to produce a plan of action for securing Canada's future economic and social well-being. The implementation of the many changes and developments planned in this strategy are currently under way. Its main theme is partnerships with the private sector, academic institutions and other governments to build a stronger Canadian system of innovation to maintain or improve the quality of life, and to contribute to the advancement of science. It will provide a governance mechanism to realize a coherent set of policies, programmes and institutions that will maximize the value to Canada of its direct investment in science and technology. The strategy will require federal departments and agencies to report annually to Parliament on their science and technology expenditures, activities and priorities.
395. The need to deal effectively with the rapid changes of science and innovation, and to better manage science and technology expenditures and performance, led the federal Government to restructure some of its institutions in science. During this reporting period, the Department of Industry replaced the Department of Industry, Science and Technology. The new Department was given a broader mandate to help make Canada more competitive by fostering the growth of Canadian business; promoting a fair, efficient marketplace; and encouraging scientific research and technology diffusion. It is the main department responsible for policy development and implementation, namely, in industry and technology, trade and commerce, science, consumer affairs, corporations and corporate securities, competition and restraint of trade, bankruptcy, patents, copyrights, trademark, communications, investment, small business and tourism. The Communications Research Centre, as a principal federal research centre in telecommunications, has become an instrument for creating competitiveness through new innovative research and development programmes, and through greater focus on the diffusion of new technologies and knowledge.
396. Since its creation in 1987, the National Advisory Board on Science and Technology has made many recommendations and provided new approaches and critical information regarding the structure of the Canadian science and technology establishment, its performance, constraints to improvements in that performance, and patterns in the allocation of national financial and human resources.
397. In 1996, the National Advisory Board on Science and Technology was replaced by the Advisory Council on Science and Technology to advise the Prime Minister and Cabinet on critical science, technology and innovation issues.
398. Although the Science Council of Canada ceased to exist in 1992, many other science researchoriented agencies, described in Canada's first report, remain in the new Industry Portfolio: the National Research Council; the Natural Sciences and Engineering Research Council (NSERC); the Social Sciences and Humanities Research Council.
399. In the Industry Portfolio, responsibility for regional programmes belongs to three regional agencies. The Federal Office of Regional Development (Quebec), known as FORD(Q), supports the development of the economic potential of the regions of Quebec and the creation of sustainable employment by fostering a business climate that enables small and medium-sized enterprises to grow and prosper. The Atlantic Canada Opportunities Agencies (ACOA) promotes economic development, coordinates the broader spectrum of federal government activities and provides a single point of contact to federal government programming for the small business sector in the four Atlantic provinces. The mandate of Western Economic Diversification Canada (WD) is to develop and diversify the western Canadian economy, coordinate federal economic development activities in the west and represent the western perspective in national decisionmaking. It addresses the needs of small and mediumsized enterprises by contributing to the creation of a positive business climate, improving access to capital and providing services across western Canada.
400. Other major players are also included in the new Industry Portfolio. The Business Development Bank of Canada promotes the creation and development of small and medium-sized enterprises in Canada. Its new mandate will give the Bank the tools to move in new directions and to tailor its products to meet the needs of small and medium-sized enterprises. The Bank provides specialized financing for commercially viable businesses, including term loans, venture loans and venture capital; and extensive business-management counselling, training and mentoring services. It also provides loans assistance, counselling and monitoring programmes for women entrepreneurs.
401. In June 1994, the Government gave the Canadian Space Agency a new mandate to coordinate all federal civil space activities, and announced a new Canadian space programme to advance the development and application of space science and technology to meet Canadian needs, and to stimulate the development of an internationally competitive space industry.
402. The Standards Council of Canada is a Crown corporation that promotes voluntary standardization as a means of advancing the national economy; protecting the health, safety and welfare of the public; protecting consumers; and facing domestic and international trade and cooperation. The Standards Council will be streamlined and given a mandate to play an expanded role in supporting national, economic and social objectives.
403. Statistics Canada is the core of Canada's socio-economic information system. It will begin designing a new information system for science and technology, and will enable Canada to compare its performance with other economies. Canadians will be able to learn about the effectiveness of the Government's initiatives to promote innovative activity, the diffusion of technology and the adoption of new ideas by all sectors of the Canadian economy.
404. As stated in Canada's first report, many other participants carry out research activities. Natural Resources Canada, which has replaced the Department of Energy, Mines and Resources, added forestry to its area of research. Agriculture and AgriFood Canada (AAFC), Environment Canada, the Department of Fisheries and Oceans and Health Canada carry out research in their respective fields as does the Canada Mortgage and Housing Corporation. Atomic Energy of Canada continues to do basic and applied research in atomic energy for peaceful purposes. The Department of National Defence is also very involved in scientific research. The International Development Research Centre contributes to research on a variety of issues.
405. Agriculture and Agri-Food Canada's Research Branch introduces new technologies to improve production and preservation of agricultural and food products. The research centres work closely with private industry. They have always been very active in technologytransfer activities. Scientific progress made in the agriculture and agrifood industry has helped improve both the production and the quality of processed food and agricultural products, thereby benefiting Canadian consumers and helping the industry take advantage of new market opportunities abroad.
406. Since 1995, the department has set up a specialized, integrated national research network. AAFC currently has 18 research centres strategically located across Canada to serve a dynamic and highly diversified agricultural and agrifood sector. Agriculture and Agrifood Canada encourages innovation in private industry through its research and development (R & D) coinvestment programme called the Matching Investment Initiative. This project was created in 1995 and promotes the establishment of R & D partnerships with private industry. The department allocated $21.6 million for this project in 1996/97.
407. With major contributions in areas such as telecommunications, robotics, medicine and environmental science, Canada remains an important player in scientific and technological innovation. To maintain its ability to compete in a rapidly changing, knowledge-based, global economy, Canada is working towards creating a science and innovation culture that: fosters scientific research and seeks to apply the most recent technologies; ensures that young Canadians keep up with the ever increasing pace of technological change; recognizes and encourages achievements in science, technology, engineering and mathematics.
408. The Networks of Centres of Excellence Program is an innovative approach to building partnerships between universities, industry and government to work together on problems of strategic importance to Canada. In Phase Two, the $197-million initiative funds 14 nationwide, multidisciplinary networks in areas ranging from biotechnology to telecommunications. Ten of the original Phase One networks were renewed on the recommendation of an arm's length peer review selection committee. Four new networks were chosen in 1995 by a peer review selection committee. The Networks of Centres of Excellence Program has produced significant discoveries and has fostered dynamic and productive universityindustry collaboration, helping to accelerate technology development and application. Since 1991, the networks have established 27 startup firms.
409. The Canada Scholarships Program established in 1988 to recognize and encourage outstanding students to pursue undergraduate degrees in the natural sciences, engineering and related disciplines was terminated in 1995; no new scholarship will be awarded, although existing scholarships are being honoured.
410. The federal Government continues to provide funding for science and technology awareness and promotion under the Science Culture Canada Program, and for major research projects with the Canadian Institute for Advanced Research. Funding for the type of research undertaken by the Royal Society of Canada is now being channelled through other institutions.
411. A National Science and Technology Week was designated to celebrate achievements in science, technology, engineering and mathematics. Every October, during 10 days, thousands of events are held across the country to give Canadians an opportunity to participate in related activities. Through the collaborative efforts of its various partners (such as federal, provincial and territorial governments; small, medium and large businesses; scientific, technological, engineering and mathematics associations, etc.), the week increases awareness of the far-reaching impact of science, technology, engineering and mathematics in Canadians' daily lives and on Canada's economic prosperity; it encourages youth to consider career opportunities in these fields; and it forges links between – and increases the visibility of - science and technology partners and stakeholders.
412. The NSERC (Natural Sciences and Engineering Council of Canada) is investing in five new Chairs for Women in Science and Engineering at Canadian universities. The Chairs will focus on increasing the application of women in science and engineering.
413. The rapid emergence of the Information Highway represents a unique and important opportunity for rural communities to experience much needed economic and social development. Access to the Information Highway provides these communities with the ability to easily communicate with each other, conduct business, or simply exchange information and ideas. The federal Government, in cooperation with all other levels of government, community interest groups and the private sector, is working to ensure that the business and social benefits of the Information Highway will be available to all Canadians.
414. Canada's SchoolNet is a joint federal, provincial and territorial initiative linking schools and libraries across Canada to the Internet. This initiative provides Canadian educators, librarians and students with valuable electronic learning tools and services, and encourages the development of information-technology skills. By the end of 1998, SchoolNet will link all of Canada's schools, libraries, colleges and universities to the Internet.
415. To help provide rural communities affordable access to the Internet, as well as the skills to use it effectively, a national network of community access sites was established to create new and exciting opportunities for growth and jobs. Through a competitive process, managed by the Community Access Program, communities are being selected to establish and operate public access sites in lowcost public locations, such as schools and libraries, to serve as Information Highway "on ramps". The aim of the project is to encourage all 5,000 rural communities to get linked to the Information Highway and to establish at least 1,500 public access points across Canada by the end of 1998.
416. In addition, the Computers for Schools and Libraries Program was established to enable schools and libraries to have better access to computers and supporting software to allow them to take full advantage of the new information technologies. This programme brings educational institutions, communities, businesses and provincial and territorial governments together in channelling surplus computer equipment to Canadian elementary and secondary schools, and to libraries, free of cost.
417. Canada recognizes that strong skills in science, technology, engineering and mathematics are essential for both economic success and social well-being. In 1993, it launched a programme designed to honour some of Canada's most outstanding elementary and secondary school teachers: the Prime Minister's Awards for Teaching Excellence in Science, Technology and Mathematics. The programme honours up to 375 teachers and other educators who have had a major, proven impact on student performance and interest in science, technology and mathematics. Awards totalling $585,000 are being offered each year at the national, provincial, territorial and local levels. A total of 87 awards were granted in 1994.
(iii) Expenditures for scientific activities
418. Canada's global expenditures on research and development (GERD) amounted to $9,755,000,000 in 1990 and $12,015,000,000 in 1994; in proportion to the GDP, they increased from 1.46 per cent in 1990 to 1.61 per cent in 1994.
419. In 1994, the federal Government spent $5,748,000,000 on science and technology activities, without including federal research and development tax credits. About 58 per cent of science expenditures are spent on activities done by the federal Government itself. In addition, the federal Government funds scientific activities in business enterprises, higher education, provincial governments, private non-profit organizations and other Canadian and foreign organizations. Extramurally, the largest recipients of federal government funds in 1994 are the higher-education sectors (17 per cent) and the business sector (16 per cent). The federal Government is the largest single funder and performer of research and development in Canada, and its research and development expenditure decisions can act as signals to the research and development community as a whole.
420. The federal Government provides income tax incentives to encourage businesses to carry out scientific research and experimental development in Canada. These income tax incentives are an integral component of the federal Government's efforts to stimulate industrial research and development. Businesses carrying on eligible research and development in Canada are allowed to deduct all their qualifying current and capital expenditures on research and development in the year that the expenditures are incurred, or carry them forward to any subsequent taxation year. In addition, most expenditures on scientific research and experimental development earn investment tax credits of 20 per cent or 35 per cent, which they can carry back to 3 years or carry forward 10 years. The higher rate is only available for smaller Canadian-controlled private corporations and, usually, this 35 per cent is fully refundable. The Conference Board of Canada recognized the Canadian tax credit system in a 1994 report as the most generous system among those of the industrialized nations.
421. In addition to the federal tax incentives noted above, many provincial governments provide their own tax-based incentives to encourage the performance of scientific research and experimental development. All provinces match the federal system of incentives in terms of the immediate deductibility of most current and capital expenditures on scientific research and experimental development. The provinces of Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario and Quebec provide their own income tax incentives or additional tax deductions, which supplement the federal tax incentives.
422. While industrial research and development have risen significantly over the past two decades, Canadian industry does not invest nearly as much as does the private sector in some other industrial countries. As mentioned in the previous report, this can be explained, in part, by the resource-based industrial structure of the Canadian economy, which needs to spend relatively little on research and development, and possibly by the level of foreign ownership in its manufacturing sector.
(iv) Technology transfer
423. The federal Government continues to administer many programmes and activities which directly or indirectly transfer technology from Government or universities to industry. The National Research Council's Program for Industry/Laboratory Projects has been superseded and incorporated into the Industrial Research Assistance Program. It is a cooperative programme with industry that collaborates with Government, universities and other private sector institutions which offer assistance in the identification, development and licensing of technologies to which government research staff can make a significant contribution.
424. Furthermore, Industry Canada is working with universitie-Forum, launched as a pilot in 1994. It is an Internet-based communication and information service, which links the industry liaison office at universities, colleges, centres of excellence, research hospitals and technical institutes across Canada. Under the direction of an advisory board composed of industry liaison officials, its purpose is to enhance technology transfer and diffusion from higher-education institutions to Canadian business, especially small and medium-sized enterprises, by making key information related to technology transfer and commercialization instantly accessible to industry liaison officials to improve their marketing efforts.
425. In addition, the Natural Sciences and Engineering Research Council's Technology Partnerships Program is a new approach to getting university research into the market place quickly. The financial resources provided by the Program will enable the university to carry out applied research and development to show the feasibility of a technology. The funding will give small and medium-size companies the capability to exploit the technology commercially and to create jobs for Canadians.
(v) Measures taken to promote the diffusion of information on scientific progress
426. As explained in Canada's first report, the freedom of information eases the diffusion of information on scientific progress that exists in Canada. Canadians can access information in this field from publications released by scientists and research institutions. They can also benefit from the information distributed by the communications media. The Government continues to encourage diffusion of information on scientific progress, and maintains its programmes and activities which were detailed in the first report and are only briefly recalled here.
427. The National Research Council maintains its Technical Information Service designed to address the needs of small and medium-size businesses that have limited research resources. As part of the Industrial Research Assistance Program, it deals with 11,000 firms a year, which involves 17,000 interactions and funds 3,500 projects.
428. The mission of the Canada Institute for Scientific and Technical Information (CISTI) - which is part of the National Research Council - is to ensure that Canadians have access to the world's scientific, technical, medical and related information, and to publish validated scientific and engineering research information for the benefit of the Canadian and international scientific and engineering communities. The Institute provides services in several areas, including reference and referral, online databases, current awareness and document delivery. In 1994, it entered new service areas, including publishing, Internet and consulting services. CISTI received about 500,000 requests for information in 1994/95. InfoAlert has replaced the Canadian Selective Distribution of Information Service, an electronic current awareness service.
429. Other institutions and sources include the Canada Mortgage and Housing Corporation, Department of Fisheries and Oceans, Environment Canada, the National Library of Canada, the National Museum of Canada, the National Museum of Natural Sciences, the National Museum of Science and Technology, Natural Resources Canada and Statistics Canada. The Canadian Broadcasting Corporation continues to diffuse scientific information through regular programmes on radio and television. The Museum of Civilization, described above in paragraphs 388-389, also contributes to diffuse information of scientific nature.
Protection of moral and material interests of authors
(i) Principal laws, etc.
430. The principal laws that protect the moral and material interests resulting from scientific, literary or artistic productions are: the Copyright Act, R.S., c. C-42; the Industrial Design Act, R.S., c. I-8; the Integrated Circuits Topography Act, R.S., c. I-14; the Patent Act, R.S., c. P-4; and the Trademarks Act, R.S., c. T-10, supplemented by Trademarks Regulations SOR/96-195, effective 16 April 1996.
431. The Government intends to proceed with further amendments to the Copyright Act designed to put in place legislation, which will strike a fair balance between the rights of creators to receive remuneration for use of their works and the needs of users to have reasonable access to these works. Among the proposed measures are: rights that will provide royalties to producers and performers of sound recordings; a levy on recordable, blank audio media, such as cassettes and tapes, to remunerate creators for private copying of their musical works; greater protection for exclusive distributors of books; the introduction of a statutory damages regime; the inclusion of a wide injunction covering a broader range of copyright protected material than the injunction normally available in cases of ongoing infringements; the inclusion of summary procedures which are faster and cheaper legal procedures; and the extension of the rental right given under the existing Act to authors of computer programs and producers of sound recordings to include performers of sound recordings and composers and lyricists of musical works.
432. In 1993, Bill C-88, the Societies of Composers, Authors and Music Publishers of Canada (SOCAN) bill, clarified the definition of "musical work", so that it was not only a work fixed by a musical score but a work fixed by any means in any medium. This bill allowed SOCAN to collect royalties for communication to the public of musical works on specialty and non-broadcast services (e.g. YTV and Much Music).
433. In 1993, the North American Free Trade Agreement implementation bill provided technical amendments allowing adherence to the 1971 Berne Convention. It also provided for a rental right for authors of computer programs and producers of sound recordings, and it increased border measures against pirated works.
434. In 1994, the GATT Agreement on Traderelated Aspects of Intellectual Property (TRIPS) implementation legislation provided national treatment for all treaty countries that are member countries of the World Trade Organization and the Berne Convention. It also introduced some new elements into Canadian copyright law by providing protection for performers against unauthorized fixations or broadcasts of their live performances.
435. Canadian Intellectual Property Office (CIPO), a special operation agency within Industry Canada is charged with administering Canada's intellectual property system. Its responsibilities stem from federal legislation creating rights through patents, trademarks, copyrights, industrial designs and integrated topographies, and multilateral treaties and agreements. CIPO's core function is to confer or recognize exclusive ownership of intellectual property in exchange for it being made publicly available. In Canada, this entails granting patents and industrial designs and registering trademarks, copyrights and integrated circuit topographies, and distributing information found and developed by CIPO.
436. Canada has agreements that offer Canadians reciprocal rights in more than 120 countries, that is to say all industrialized nations and much of the developing world.
437. This report contains information on developments in British Columbia since the submission of Canada's first and second reports on articles 6-15.
Right to work and to opportunity to work
438. See articles 3, 10 and 11 of British Columbia's contribution to Canada's fourth report under the Convention on the Elimination of All Forms of Discrimination against Women.
439. The Build B.C. Act (1993) facilitates expansion and diversification of the provincial economy, including initiatives to assist women, Aboriginal people, disabled people, visible minorities, youths and persons in receipt of social assistance, to obtain employment.
440. Amendments to the Hairdressers Act and Barbers Act in 1992/93 removed the requirement that they have medical certificates proving that they are free of contagious and infectious diseases, which potentially limited their employment.
441. The Industrial Adjustment Service brings employers and employees together through a jointly funded provincial-federal programme to address workplace changes caused by plant closures and expansions, economic fluctuations, technological developments and shifts in skill requirements, through human resource planning and development.
442. B.C. 21, Building Our Future is a comprehensive strategy to expand and diversify the British Columbia economy, which includes investment and jobcreation programmes for British Columbians.
Technical and vocational guidance and training
443. In response to the Premier's Summit on Trade and Economic Opportunity in 1992, which identified skills and training deficiencies as a major obstacle to economic development in British Columbia, the Ministry of Skills, Training and Labour was created in September 1993 to begin the process of restructuring the post-secondary learning system. Announced in the spring of 1994 under the title of Skills Now, a comprehensive and integrated series of programmes was initiated.
444. Skills Now aims to develop programmes that are more accessible, relevant and affordable to both the client and government, and accountable through partnerships to achieve these goals.
445. Specific Skills Now initiatives help school boards and schools to develop an easier and more efficient transition for students into both postsecondary training and the workplace. These initiatives include providing career counselling and work experience to students before graduation; bridging programmes that allow students to begin apprenticeship instruction while still in high school and carry those credits with them when moving into apprenticeships or post-secondary programmes, and to carry credits from apprenticeship to technical programmes or degree programmes, and providing students with more practice in electronic information systems.
446. Other Skills Now programmes work to increase the capacity of postsecondary learning institutions; reduce barriers to entering institutions for groups who have historically been denied access; assist with the development of new relevant programmes; and provide incentives to institutions to develop innovative and cost-efficient delivery alternatives. To meet these goals, new technological equipment is provided to institutions; student spaces are being increased; skills are being developed to meet emerging labour-market demands; English language training programmes are being improved; First Nations students are given better access to training and education through partnerships and support networks; barriers for single parents, students with disabilities and women are being removed; and weekly allowances and grants to students are being increased and financial barriers to learning reduced. Amendments to the College and Institute Act and the University Act in 1992/93 authorize these institutions to grant associate degrees for the completion of two years of study.
447. Skills Now also works to provide training that is more community based and workplace based to ensure accessibility, affordability and relevance. Programmes include delivering employee training, which is cost-shared with groups of employers; training and retraining workers who are being laid off or who require new skills; partnering of post-secondary institutions with community service and workforce training groups; developing new apprenticeships based on labour-market demand and increasing access to groups that have traditionally been excluded from apprenticeships; providing access to training that meets community needs (particularly in remote communities undergoing significant economic and social transition) for business, labour, education providers and equity groups; and providing an avenue to business, labour and equity groups to advise government on the province's training needs.
448. Also under Skills Now, specific training, work experience and support programmes help individuals on income assistance to gain employment. Programmes include assessment counselling and referral, which actively involve income-assistance recipients in developing and achieving training goals through individual skills plans; workplace-based training, which contributes up to $10,000 to employers for every incomeassistance recipient they train and employ; providing training for incomeassistance recipients in postsecondary institutions on an individual or group basis; training that includes a combination of classroom and experiential learning; and specific programmes to help persons with disabilities to obtain training and employment.
Fair wages and equal remuneration for work of equal value
449. An increase of the general minimum wage from $5.50 to $6.00 an hour came into effect on 1 April 1993.
450. For information on pay equity, see article 11 in British Columbia's contribution to Canada's fourth report under the Convention on the Elimination of All Forms of Discrimination against Women.
Safe and healthy working conditions
451. A new Labour Relations Code was enacted in 1992 to expand protection of workers. See article 22 in British Columbia's contribution to Canada's fourth report under the International Covenant on Civil and Political Rights.
452. The Employment Standards Act was amended to include provisions requiring advance notice of group termination and introduction of parental leave for both natural parents and persons who have adopted a child.
453. For information on the Pension Benefits Standard Act and changes in Worker's Compensation, see article 11 in British Columbia's contribution to Canada's fourth report under the Convention on the Elimination of All Forms of Discrimination against Women.
Equal opportunity to promotion
454. See article 7 in British Columbia's contribution to Canada's fourth report under the Convention on the Elimination of All Forms of Discrimination against Women.
Article 8. Trade union rights
455. See article 22 in British Columbia's contribution to Canada's fourth report under the International Covenant on Civil and Political Rights.
456. The amended University Act provides university faculties with freedom of choice to organize and participate in the collective-bargaining process.
457. There are 27 unions in British Columbia with a membership greater than 5,000. Over one third of all workers in the province belong to unions.
459. As of 31 March 1994, there were 353,482 people receiving income support in British Columbia. Income assistance includes a support allowance for families with children; support allowance for those receiving handicapped benefits; shelter allowance; comforts allowance; and school start-up allowance. Rates increased in 1993/94.
460. An Advisory Council on Income Assistance was established in July 1992 to make recommendations to Government on all major income-assistance policy changes. The Council identified four priority areas - rates, handicapped benefits/health services, employment and training and service delivery - in its report, submitted in February 1994, and recommended that rates be increased, income exemptions be more equitable, "handicapped" be redefined, age restrictions for receiving handicapped benefits and health services be removed, two community-based pilot projects be established to meet local training and employment needs, and values and quality of service be improved. These recommendations are currently under consideration for implementation.
461. A diet allowance of up to $20 a month may be provided to recipients with a medical condition that requires special nutrition. A comforts allowance of up to $82 is allotted to help meet the personal and recreational expenses of eligible people with assets of less than $500 who are living in a subsidizedcare or personal-care facility. When a social-assistance recipient is without assets, income or other resources to meet an emergency, the Government may provide additional assistance in the form of a crisis grant.
462. The Program for Older Worker Adjustment provides income support for unemployed workers aged 55 to 64 who are victims of a major permanent layoff and who have few prospects for re-employment. The province contributes 30 per cent of the funds, the federal Government 70 per cent.
Protection and assistance for the family
463. See article 23 in British Columbia's contribution to Canada's fourth report under the International Covenant on Civil and Political Rights.
464. See articles 2, 3 and 16 in British Columbia's contribution to Canada's fourth report under the Convention on the Elimination of All Forms of Discrimination against Women.
465. The Government introduced the Assisted Adoption Program in March 1990. The Program provides financial assistance to families who would otherwise be unable to adopt children with special needs.
466. The Adoption Reunion Registry opened in October 1991 and on 1 January 1992, began active searches on behalf of adult adoptees and birth parents seeking reunion. In 1993/94, the Government commissioned an independent review of British Columbia's adoption legislation, policies and practices. A report containing recommendations was submitted to the provincial government in July 1994.
467. Every October, Foster Family Month recognizes the invaluable contributions that foster families make to the children of British Columbia. At three ceremonies held over the past five years, the Lieutenant-Governor's Foster Families' Awards have been presented to a number of families in recognition of outstanding contributions.
468. Family Support Services promote and maintain the integrity of the family unit through counselling, parent training, temporary shelter and rehabilitation resources to help British Columbian families function as independently as possible in their own communities. In 1992/93, the programme provided services costing $90.9 million.
469. On 19 March 1990, the Government opened the first Native Family and Children's Services Unit in Vancouver. In September 1993, the ministry created the office of the Deputy Superintendent of Aboriginal Services and the Aboriginal Services Division. Several protocols and agreements have been signed with Aboriginal bands and agencies, which delegate authority for child welfare programmes to those bands and agencies. Negotiations are under way with several other Aboriginal groups.
470. The Family Maintenance Program assists income-assistance recipients to obtain child support payments to which they are entitled. An additional 26 family maintenance workers were hired to help process almost 30,000 referrals to the Program.
471. Under the Social Assistance programme, families with dependent children may be eligible for a once-a-year school start-up allowance to help pay for back-to-school supplies. Camp fees are available for children of eligible income-assistance recipients and children with mental or physical disabilities, so they can attend recognized camps.
472. The Government contributed to an international conference on "Stronger Children, Stronger Families", held in Victoria in 1994, in recognition of the International Year of the Family.
Protection of mothers before and after childbirth
473. See article 6 in British Columbia's contribution to Canada's fourth report under the International Covenant on Civil and Political Rights.
474. A natal allowance of up to $25 per month may be granted to a socialassistance recipient who is pregnant or who has a child under the age of seven months.
475. Full or part subsidies to attend prenatal classes are available to parents requiring financial assistance.
476. Health unit liaison with all hospital obstetrics departments ensures that high-priority mothers/families are identified and arrangements are made for required support at home.
477. Baby's Best Chance: Parent Handbook on Pregnancy and Infant Care, is available free of charge to all expectant mothers residing in British Columbia, and the Baby's Best Chance video has been updated and translated into Cantonese, Spanish, Vietnamese and Punjabi, and is available through free loan.
Protection and assistance for children and young persons
478. See article 24 in British Columbia's contribution to Canada's fourth report under the International Covenant on Civil and Political Rights.
479. In 1991/92, a community panel was appointed by Government to review British Columbia's child protection legislation, the Family and Child Service Act. The panel submitted its report in the fall of 1992. As a result of the community panel's recommendations, new legislation, the Child, Family and Community Service Act, has been passed and its expected to be proclaimed in 1995. It will replace the current Family and Child Service Act. The principles of the new legislation establish the values for services to children and families. Protection of children continues to be the primary objective, and the new legislation clearly articulates the framework through which this should be achieved. There is a focus on family support, alternate disputeresolution processes, recognition of children's views, and preservation of children's cultural and familial identity.
480. The Child and Youth Secretariat was established in response to the Ombudsman's Report on Public Services to Children, Youth and their Families in British Columbia: The Need for Integration. Nine ministries are represented on the Child and Youth Secretariat which works with local child and youth committees throughout the province to assist in coordinating services to children and youth.
481. The Government has provided start-up funds for the development of a provincial Youth in Care Network. The Network empowers youth in care and former youth in care to advocate for their interests, and enables them to have input into development of policies and programmes.
482. In 1994, the Government provided funding to help the Child and Youth Care Association of British Columbia to develop a voluntary certification programme for child and youth care counsellors.
483. In January 1991, the Government funded a new School Meals Program to help children meet their daily nutritional requirements, and thereby ensure that children are healthy and have every opportunity to learn. During the first six months of the programme, the Government funded programmes in 124 elementary schools and 25 secondary schools in 31 districts in the province. About 40,000 students received school meals. Funding and the number of programmes have continued to increase.
484. A community kitchens programme provides sites and assistance where people, particularly the elderly, can cook together to prepare nutritious, low-cost meals.
485. Temporary assistance is provided to eligible people between 19 and 64, and their dependants, to help them with basic living expenses during times of need. The two components include a shelter allowance, which covers the family's actual shelter and utility costs (up to a maximum amount), and a support allowance for necessities such as food and clothing.
Right to housing
486. See article 2 in British Columbia's Contribution to Canada's fourth report under the Convention on the Elimination of All Forms of Discrimination against Women.
487. Services are contracted in hostels to provide short-term accommodation for transient single persons and couples without children. Government provides funding for registered non-profit societies to develop and operate emergency shelters, safe homes and transition houses for persons in need. These offer room and board in a safe and supportive environment for women and children in a crisis situation. Community living spaces are funded throughout the province for people with mental disabilities.
488. The mandate of British Columbia's Housing Ministry is to provide provincial leadership in the area of affordable housing, particularly to low and moderate-income British Columbians needing assistance to secure affordable, adequate and suitable housing; to community organizations involved in the development and delivery of non-profit housing and housing for persons with special needs; to local governments working on affordable-housing strategies; and to the housing industry, all of whom have shown interest in following up on innovative affordable-housing initiatives.
489. The Shelter Aid for Elderly Renters (SAFER) Program provides direct cash assistance to senior citizens, aged 60 and over, on low to moderate incomes, who pay more than 30 per cent of their gross income on rent.
490. HOMES B.C., a new provincial housing programme initiated in 1993/94, replaces the cancelled federal-provincial Non-profit Housing Program that existed between 1986 and 1993. Working in partnership with B.C. 21, HOMES B.C. is expected to create about 4,000 jobs, provide affordable housing in communities across the province, and provide important training and apprenticeship opportunities for British Columbians.
491. The four components of HOMES B.C. include homeless/at-risk housing, nonprofit housing, new options for home ownership, and community housing initiatives, which assist people who are homeless or have special needs, lowincome families, and working households who can just manage to pay market rents. It also supports those who need help buying their first home, while opening up more social housing units for other low-income renters.
492. Two important legislative measures were undertaken in 1992/93: Bill 20 (May 1992), which directed local governments to include policies concerning affordable housing, special needs housing and rental housing in their official community plans, and Bill 57 (July 1993), which provided additional housingplanning tools to local governments. A guide, entitled "Affordable Housing Builds Strong Communities", was distributed in 1992/93 to assist local governments in developing community-housing policies in keeping with Bill 20.
493. On 8 July 1994, Bill 31, which amended the Municipal Act, was enacted. Bill 31 further empowers local governments to manage their local land-use issues from a housing perspective, primarily by enabling local governments to enact standards of maintenance bylaws to protect renters from unsafe and unhealthy accommodation, and to allow local governments to lease residential land at below market-value rates to non-profit organizations.
Highest attainable standard of physical and mental health
494. See article 12 in British Columbia's Contribution to Canada's fourth report under the Convention on the Elimination of All Forms of Discrimination against Women.
495. In 1992/93, the provincial government announced the New Directions for a Healthy British Columbia initiative. Introduced on 2 February 1993, it represents a fundamental shift from the traditional focus of the health care system on large health institutions, and the treatment of injury and disease after they have occurred, to an emphasis on keeping communities and their residents healthy by preventive medicine and healthy living. The principle component is the regionalization of health care - shifting management and delivery of health services from the Ministry of Health to Community Health Councils and Regional Health Boards, and coordinating the development of health policies for multicultural populations and persons living in poverty and a northern and rural health strategy.
496. In 1992/93, 13 ministry acts administered by the Ministry of Health were amended, and the new Medical and Health Care Services Act was passed to ease the transition of New Directions. Joint projects to integrate services among mental health centres, hospitals and other service providers were established in all regions.
497. In May 1991, a prevention resource centre which provides information on the prevention of drug and alcohol abuse, was established. In 1992/93, alcohol and drug programme services were expanded in the Fraser Valley region. School-based prevention workers provide a range of services to secondary schools to heighten awareness of alcohol and drug abuse, enhance life skills and promote healthy lifestyles. The Alcohol and Drug Programme (ADP) Clinical Committee began implementing recommendations of the Provincial Women's Committee to improve services for women. Services for "high-risk youth" and more services for women and children were developed in three of the five ADP regions.
498. A province-wide FOODSAFE Excellence certification programme came into effect in 1993/94. This voluntary programme is designed to encourage the food industry to adhere to food-safety standards through appropriate training and regular audits.
499. The Northern and Isolation Travel Program pays physicians up to 20 per cent more for the same services provided in an urban centre to ensure quality health care in rural and remote regions of the province. In 1992/93, 284 physicians in 74 communities were eligible for this allowance. The Program also provides funds to defray the costs of specialists travelling to isolated areas to provide services that would be otherwise unavailable. Travel assistance was provided in 1992/93 to 95 specialists for 404 visits to 18 communities.
500. Funding is provided to the Aboriginal Advisory Committee to enhance current services; to support family violence projects; and to develop new alcohol and other drug prevention and treatment projects and strategies. The Aboriginal Health Policy Branch was established in April 1993 to coordinate development of government health policy relative to Aboriginal peoples, and to support them in taking responsibility for decisionmaking on the design, management and funding of health services in their communities. Funding commitments were made in 1992/93 to the North Coast Tribal Council in Prince Rupert to develop a health education/information package for the local Aboriginal community and to the Ktunaza-Kinbasket Tribal Council for a communitybased foetal alcohol syndrome intervention programme in Cranbrook.
501. Just under 100 per cent of British Columbians are registered with the Medical Services Plan (described in Canada's previous reports). Pharmacare reimburses pharmacies for prescriptions.
Reduction of stillbirth and infant mortality, and healthy development of the child
502. During 1993, there were 45,989 live births in British Columbia to residents of the province, resulting in 13.3 births per 1,000 population. Stillbirths totalled 290 in 1993, a rate of 6.3 per 1,000 live births. In the same year, there were 290 infant deaths or 5.5 per 1,000 live births. This rate was improved by approximately 35 per cent from 8.5 per 1,000 live births in 1993. Low birth-weight infants (under 2,500 grams) accounted for 44 per cent of infant death. The infant mortality rate for babies born to teenage mothers was 9.9 per 1,000 live births.
503. Government-funded pregnancy outreach projects support women at risk of a poor pregnancy outcome including low birth-weight. Materials such as "Thanks for Caring" brochures are distributed by pregnancy outreach programmes and local health units to heighten awareness of foetal alcohol syndrome.
504. The government participated in the Baby Friendly Network to promote breastfeeding, and to promote and distribute Canada's new Food Guide to Healthy Eating. The government is working to strengthen community support for breastfeeding.
505. Parenting programmes, in particular "Nobody's Perfect", are being provided through 121 agencies in British Columbia.
506. Public health nursing home visits are available to all mothers/infants/families with highest priority given to mothers who are breastfeeding, mothers requesting service, and others identified as priority by hospital staff and liaison public health nurses.
507. In 1992/93, a new Office for Injury Prevention was established to address the prevention of injuries to children and youth aged 0 to 24.
Improved environmental and industrial hygiene
508. In 1992/93, over 600 drinking-water systems were tested for chemical contamination, and a four-year evaluation of surface-water quality was completed. The Safe Drinking Water Regulation came into effect in 1992/93, applying to all public "waterworks" systems in the province. Medical health officers will be working with water purveyors to assist them in addressing any unsafe drinking-water conditions.
509. Government coordinated an effort to evaluate well-water quality in the Fraser Valley. Community involvement was encouraged. Where problems have been identified, local health units are working to improve the situation. Also assessed: the health impact of asbestos in Port Hardy drinking water, of pulp emissions on indoor air quality within abutting construction-camp living quarters, and of arsenic levels in the air of homes in Wells.
510. In 1992/93, Radiation Protection Services developed a new system of accreditation for x-ray facilities in hospitals and clinics.
Prevention, treatment and control of diseases
511. The British Columbia Centre for Disease Control is the centre of expertise in communicable disease control and provides specialty healthsupport services.
512. In 1991/92, immunization levels for diphtheria, pertussis, tetanus and polio were increased and immunization levels for measles, mumps and rubella were maintained at a 95 per cent standard for all school-age children. During 1992/93, public health nurses immunized nearly 95 per cent of Grade 6 children province-wide against hepatitis B. A haemophilias B immunization programme was also initiated, beginning with infants two months of age. There were 320,000 doses of influenza vaccine distributed to 65 per cent of the seniors' target group. Increased hepatitis B vaccines were provided to at-risk groups.
513. During 1991/92, a study of Lyme Disease was initiated to determine its prevalence, and to investigate the management of persons who might be infected.
514. A programme for intravenous drug users to reduce the transmission of diseases such as AIDS and hepatitis B was expanded in Kelowna, Quesnel, Williams Lake and Prince George. Over 50 community-based AIDS education projects are funded by government.
515. Activities during 1991/92 reduced the annual incidence of tuberculosis by 6.4 per cent. In 1992/93, 35,857 clinic visits were conducted and 335 cases of tuberculosis were reported. Thirteen surveys were done in 10 regions and 6 clinics were set up on reserves. Forty-five additional clinics were conducted in 20 locations around the province.
Right to education
(i) To fully develop human personality and sense of its dignity
516. Three goals have been identified for every student in the school system: intellectual development; human and social development; career development
517. The Learning for Living curriculum, now part of a personal planning programme, has been designed to encourage students to value and respect themselves and others, to learn to make responsible decisions and to strive for a healthy, balanced life. The main content includes careers, child abuse prevention, family life education, healthy living, mental well-being, safety and accident prevention, and substance-abuse prevention.
518. The British Columbia School Act was amended in 1993 and includes a mission statement for British Columbia schools that states: "The purpose of the British Columbia school system is to enable all learners to develop their individual potential, and to acquire the knowledge, skills and attitudes needed to contribute to a healthy, democratic and pluralistic society, and a prosperous and sustainable economy."
(ii) To strengthen respect for human rights and fundamental freedoms
519. The Education Advisory Council established in 1989 works to ensure that provincial education policy and practice are sensitive to the needs of the community, and reflect input from educators and the public.
520. School districts implement school programmes, which focus on the needs of individual students and reflect equity issues in learning and instruction. Schools and the government address the learning needs of girls, visible minorities, Aboriginal students and students with special needs in all subjects. All provincial curriculum materials are written and reviewed for equity and inclusiveness.
(iii) To enable all persons to participate effectively in a free
society
521. To increase the relevance of education, school curricula include global, environmental, science, technology and media education.
522. English as a Second Language (ESL) instruction is available to all British Columbian students whose mother tongue is not English and enrolment in these classes has nearly tripled over the last five years. It is estimated that the demand for ESL will continue to increase.
523. Government policy promotes the inclusion of students with special needs in their local schools, and schools, parents, community agencies and government are working towards this goal.
524. The Personal Planning curriculum is designed to have students set learning goals, develop plans to achieve them, and study topics that promote career and personal development. Career education includes a variety of programmes, ranging from traditional vocational programmes such as autobody and accounting to training in emerging fields such as computer graphics and video production. In Grades 11 and 12, all students must take Career and Personal Planning, which requires students to develop a learning plan, gain work experience, and do some course work in personal and career development. British Columbia's major skills-training plan, Skills Now, links schools more closely to the workplace through partnerships with the business community, labour groups and educational institutions, colleges, universities and technical schools.
(iv) To promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the maintenance of peace
525. Language and culture programmes help ensure that students who are members of minority groups enjoy the same benefits as other students, and they encourage all students to value the cultural and linguistic richness of our society. Instruction is offered in various heritage languages, including European, Asian, Aboriginal and Middle Eastern languages.
526. Government policy supports the integration of multicultural and antiracism education, which promotes understanding and respect for cultural diversity, in all school programmes. All students learn about the contributions and experiences of diverse cultures, including First Nations people, and are provided with learning opportunities that support their cultural identity and the development of positive self-esteem. School curricula and learning resources are reviewed to ensure that they are not biased. Conflict Resolution programmes are provided in schools and communities and, by June 1993, half of the school districts and over 2,500 educators had been involved in anti-violence projects and Program against Racism workshops.
527. Grants are made available under the Native Language and Culture Curriculum Initiative to Aboriginal groups to work with school districts in developing local and relevant Aboriginal-language and cultural-awareness programmes. In 1993, at its annual meeting, the College of British Columbia Teachers amended its bylaws to allow certification of First Nations language teachers.
528. British Columbian teachers may participate in one-month summer-school programmes that introduce them to Asian cultures and in language-upgrading courses in those countries. They may also attend Asian language courses at provincial universities. Teachers from Japan can spend up to 18 months teaching in British Columbia as part of an exchange programme.
529. British Columbian students can participate in short-term language and culture study tours in Asia, particularly Thailand, Japan and Hong Kong. Certain students are selected to complete a year of study in Asia. A number of British Columbia students study Japanese and Mandarin. This number has almost tripled in the last five years. Grade 11 students entering a two-year programme at a United World College in Canada, Italy, Wales or Hong Kong receive scholarships averaging $17,250 each. A number of International Education programmes receive funding to support projects that enhance academic, cultural and economic links between British Columbia and the world community.
530. Threequarters of the graduates surveyed in 1993 felt that ethnic diversity benefits our society and said that they like working with students from other ethnic or cultural groups. Half of the graduates identified racial discrimination as a serious problem for secondary students.
Right to primary and secondary education
531. The British Columbia school system recognizes the growing diversity of the British Columbia population and designs programmes to meet the needs of all students, including those who face particular challenges because of geographical, physical, intellectual, emotional or social factors. New immigrants make up 10 per cent of the British Columbia population. Nine per cent of British Columbian children under 15 are of Aboriginal ancestry and include members of 33 distinct First Nations.
532. Many students speak languages other than English at home. Thousands of students study heritage or foreign languages, both within and outside the school system. Also, a number of students are enrolled in French Immersion programmes. A new language policy requires that four years of second-language training be mandatory in grades 5-8; ensures that provincial examinations are provided in several European and Asian language courses; establishes a process whereby parents wanting a specific language taught in their schools can approach their school board and, if sufficient numbers exist, a new language instruction curriculum can be developed in partnership with the community; and provides more opportunities for First Nations parents to have their languages taught in schools.
533. To reduce the drop-out rate and in recognition of the different needs of students, programmes, including Stay-in-School initiatives, provide alternatives for students who require a more flexible approach to learning, such as teen parents, students at risk of dropping out, and those who need remedial instruction or are returning to school to complete Grade 12.
534. Distance education is available to public and non-public school students. Improved access to distance education has resulted in a doubling of distance-education course enrolments over the past five years. A Community Learning Network electronically links schools throughout the province to ensure that rural students are connected and have equal access to knowledge.
535. The Inner City Schools Program funds projects to help students cope with poverty, hunger, neglect and difficult family situations, and includes violence prevention, peer mediation and programmes to encourage racial acceptance among students.
536. Special-education support is available to all students with special needs, including gifted students and students with learning disabilities or behaviour disorders. This support includes community-based pilot projects to explore better ways of delivering child mental health services; the provision of direct nursing care to students requiring specialized assistance; child care services for students between the ages of 10 and 14; and occupational therapy and physiotherapy services for students with severe multiple disabilities and support for educators working with these students.
537. Eight Special Education Technology (SET-B.C.) centres help school districts identify ways to use technology to improve access to regular classroom instruction for students with physical disabilities. The Provincial Resource Centre for the Visually Impaired provides support to students with visual disabilities, including learning materials on cassette to students who cannot use print material effectively. The government ensures that students with visual impairments can write provincial examinations by providing large print, Braille or audio versions of exams.
538. Provincial Resource programmes are located in treatment centres, youth custody centres or hospitals operated by other ministries. Other centres provide educational services to students with severe physical or intellectual disabilities or other special needs that their school districts cannot provide.
539. In 1992/93, the government provided $2.8 million to modify classrooms and school facilities for students with disabilities. The government provides additional funding to small or remote districts to ensure that students in these districts have access to the same opportunities as other students in the province. Transportation to schools is available to students. A number of remote districts receive funding to provide accommodation to students who must live away from home to attend school.
540. An increasing number of school districts are working in partnership with Aboriginal communities to find ways to make education more accessible to Aboriginal students. Local education agreements between schools boards and First Nations bands help to ensure that status, on-reserve First Nations people are partners in their children's education, and that their culture and language are reflected in education programmes. Aboriginal students receive support services and may undertake one or more Native Education programmes, including Native Cultural Awareness, Native Language and Native Alternative Education programmes.
541. Approximately 20 per cent of the provincial budget is spent on public elementary and secondary education in British Columbia. Funding has steadily increased over the last five years.
Right to higher education
542. Operating grants, which include funding over 100,000 full-time student spaces, are provided to universities, colleges and institutes. In 1993/94, universities conferred 10,594 Bachelor degrees, 1,970 Masters degrees and 411 Doctoral degrees.
543. Women account for more of the full-time enrolment at universities, colleges and institutes than men. Women continue to occupy many more parttime student spaces at university. The government continues to expand access to on-campus child care at universities, colleges and institutes.
544. Appointments of new members to boards of public post-secondary institutions in the province have diversified. Of 233 persons on college and institute boards in British Columbia in 1992/93, 48 per cent are women, nearly 10 per cent Aboriginal, more than 7 per cent visible minorities and about 3 per cent persons with disabilities.
545. The number of students qualifying for British Columbia Student Assistance, and the value of loans and grants awarded, continues to rise. This assistance includes funding for specially designated groups, such as persons with disabilities. The total value of loans in 1993/94 was $74.4 million. There were 22,500 students who benefited from these loans.
546. The government grants loan remissions to students who graduate in a timely, satisfactory manner if their debt is greater than amounts considered manageable for the level of education attained: $13,500 after a first degree or $17,500 after a second degree.
547. At universities, colleges and institutes, student societies receive funds to provide emergency assistance to students as required.
548. A new University of Northern British Columbia was established in Prince George which will provide better access to post-secondary education for regional communities.
Fellowships and teaching conditions of staff
549. The top Grade 12 student in each college region receives a scholarship of $5,000 to study at a public post-secondary institution in British Columbia.
550. During their first two years of post-secondary education, students may receive non-repayable grants. Adult students studying Grades 11 and 12 at colleges and planning post-secondary studies may receive non-repayable grants of up to $1,000 each. To promote literacy education, adults studying Grades 1-8 at post-secondary institutions do not pay tuition.
551. Post-secondary students studying part-time may receive grants for tuition and book supplies. Students enrolled in adult education courses (academic upgrading, English language training, employment-oriented programmes and Adult Special Ed) may receive financial assistance for tuition, books and day care. While pursuing a post-secondary education, persons with disabilities may receive financial assistance to help defray extraordinary costs.
552. Universities, colleges and institutes receive work funds to provide oncampus, part-time, career-related work experience for students in financial need.
553. Other funds, awards, scholarships and assistance programmes are available to students who require financial assistance to attend postsecondary institutions.
554. The Public Education Labour Relations Act, passed in 1994, legislates province-wide collective bargaining for teachers to ensure consistency of teacher negotiations in all school districts. Teachers are paid well above the national average income. Salaries have increased at a greater rate than inflation. Most teachers are female; most administrators are male. However, this uneven distribution is improving.
Liberty to choose schools
555. An increasing number of students receive their schooling from independent schools or at home. Most of the nearly 300 independent schools in British Columbia are affiliated with religious denominations. The remainder are based on the British public school model, follow a particular education philosophy or cater to out-of-province students. Funding is provided to a maximum of 50 per cent, dependent on the school programme. Independent schools are regulated by the Independent School Act, which sets basic requirements for schools, including statistical information that they must provide to the province. The Act covers classification, evaluation and funding of independent schools, and certification requirements for teachers. Independent schools must meet local and regional bylaws and regulations, and cannot promote racism, religious intolerance or anti-social activities. All are regularly inspected and monitored by the government.
556. Under the School Act, students who receive home schooling must be registered with a public, independent or regional correspondence school. The school system assists these students and their families by providing learning materials, and evaluation and assessment services.
557. The public can request that local school boards establish public schools of their own choice, provided the schools follow established curricula and meet other requirements of public schools.
559. The Government of British Columbia funds a number of programmes that create opportunities for science and technology to generate social and economic benefits for British Columbians. The total government science- and technology-related expenditures exceeded $100 million in 1993/94.
560. The Ministry of Employment and Investment's Science and Technology Division plays a lead role in this area and funds specific programmes in research and development, infrastructure, human resources development and public awareness. This funding provides support for the Science Council of British Columbia, other research organizations, technology-development transfer, scholarships, fellowships and financial-assistance programmes. The Science Council is a provincial agency with a 15-member volunteer board, funded by the government to promote economic development and enhance the quality of life through innovative applications of science and technology.
561. In 1989, to raise public awareness of science and technology, the government declared "Science and Technology Week". This annual event sees science-related agencies and industries teaming up to sponsor events and activities that encourage public participation, including broadcasts, lectures, open houses and displays.
562. Multiculturalism British Columbia in 1991/92 supported the British Columbia Association of Broadcasters' media campaign, "If You Don't Stop Racism, Who Will?". The branch provides advice on multicultural programming to television, radio broadcasters and newspapers.
563. Alberta's contributions to the previous reports provided information on legislation, practices and policies that gave effect to the provisions of the Covenant. The present report updates that information since the last report.
564. Alberta will provide more effective legal remedies for social and economic rights with plans to add additional grounds in 1996 to the province's human rights legislation: source of income and family status. With the inclusion of family status in human rights legislation, families will be protected from discrimination in the enumerated areas, e.g. tenancy, employment and services.
565. In Alberta, the in-house counsel for the Human Rights Commission provides legal representation to individuals who have been discriminated against under the human rights legislation. In addition, a person with a Charter or human rights complaint may apply for legal aid.
Principal laws
566. Since 1990, Alberta Aboriginal Affairs has provided approximately $927,000 to Aboriginal organizations and communities to support employment and training opportunities. Aboriginal organizations and communities are also eligible for grants, programmes and services available through other provincial departments.
567. Two examples of initiatives supported by Aboriginal Affairs are the Peace Arch Communities Committee and Wehtumaw Business Assistance Ltd.
(a) The Peace Arch Communities Committee is a partnership of industry, the federal and Alberta Governments, and the "back lakes" communities. The initiative is commonly known as the Peace Arch Project. The goal of the Project is to enhance employment, training and business opportunities for Aboriginal people in the Peace Arch area. The Peace Arch Project includes the Métis settlements of Gift Lake and Peavine; the First Nations of Whitefish Lake, Loon River, Woodland Cree and Lubicon Lake; and the communities of Peerless Lake, Trout Lake and Red Earth. Aboriginal Affairs provided support for the costs of the communities' participation in the Project;
(b) In November 1993, Apeetogosan (Métis) Development Inc. established a subsidiary, Wehtumaw Business Assistance Ltd., to provide professional business-advisory services to the Alberta Aboriginal business community. Initial funding for the first year of operations was supported by Aboriginal Affairs, Alberta Economic Development and Tourism, and Aboriginal Business Canada. Wehtumaw Business Assistance prepares business plans and provides business-related advice to Aboriginal entrepreneurs in Alberta.
568. The Employment Standards Code, 1988, replaced the Employment Standards Act, 1980. This did not result in substantive changes in regard to the right to work. Coverage for domestics was increased in 1988 to include entitlements to vacation pay and a day of rest each week. Previously, domestic workers were entitled only to recovery of wages, notice of termination and parental benefits.
Technical and vocational guidance
569. Alberta Advanced Education and Career Development provides labour-market information and career-planning assistance through a province-wide network of Career Development and Labour Market Information Centres. These offer a variety of consulting services, including self-directed career planning; individualized counselling; and referrals to counselling, education, training and employment programmes. In addition, a large number of publications have been developed to assist individuals with career planning and job-search techniques, and general information and extensive research on a broad range of vocations. A Career Information Hotline has also been set up to provide province-wide telephone access to career and training information. Services are available to all Albertans. Emphasis is placed on serving individuals who face significant barriers to employment such as individuals with disabilities and welfare recipients.
Employment and training programmes
570. Alberta Advanced Education and Career Development provides a variety of employment and training programmes designed to enhance the opportunities for individuals to obtain meaningful full-time employment. For example; the Summer Temporary Employment Program (STEP) is designed to provide students with summer employment and an opportunity to gain valued work experience. This is intended to help them find work at the completion of their studies. The Vocational Rehabilitation of Disabled Persons (VRDP) programme is designed to assist persons with mental or physical handicaps to participate in regular institutional training and to progress on to work situations by providing equipment and other resources as needed. Other individuals facing special barriers to employment (such as Natives or those over the age of 45) are supported through funding of community organizations. These organizations are responsible for offering job-search and placement services. Labour market adjustment services are available in communities, offering employers or employee groups displaced by a changing economy help with placement or retraining. Finally, employers are also encouraged to increase investments in training, which will keep workers skilled and employed.
Policies and techniques
571. The Government of Alberta has recently co-located the services of Alberta Family and Social Services (FSS), Human Resource Development Canada (HRD) and Alberta Advanced Education and Career Development (AECD). This is intended to provide a single venue for access to both provincial and federal employment and income-support services. Four sites are already delivering colocated services (for FSS and AECD only), and another four sites are at the proposal stage (again for FSS and AECD only). In addition, two sites are already fully co-located with all three partners. Discussions are under way to establish an additional four sites. Policy changes that allow for the colocation of services will reduce overlap and duplication and will ensure better and more affordable services to Albertans.
572. Integrated training centres for both social-allowance recipients facing significant barriers to employment and for youth having difficulty in making the transition between school to work, are two new techniques or strategies being piloted by Alberta Advanced Education and Career Development in cooperation with Alberta Family and Social Services and Human Resource Development Canada. These centres focus on integrating a variety of training approaches, including integrating academic upgrading and lifeskills management with specific occupational skilled training to assist individuals to obtain and maintain meaningful full-time employment. The Integrated Training centres are modelled after the Community Employment and Training (CAT) centres first established in San José, California.
573. The Occupational Health and Safety Act establishes standards for the protection and promotion of workers' health and safety. It outlines the rights and responsibilities of employers, principal contractors, workers and suppliers. Regulations respecting the health and safety of workers cover the following subjects: chemical hazards; explosives; first aid; general safety; joint work-site health and safety committees; noise; mine safety; ventilation. Other legislation that provides for the safe and healthy working conditions includes the Radiation Protection Act.
574. When the Employment Standards Code was introduced in 1988, several amendments were made, including the following:
(a) Employees became entitled to a half hour paid or unpaid rest during each shift greater than five consecutive hours of work, with some exceptions;
(b) Employees were provided with an entitlement to at least three weeks of paid vacation after five years' employment;
(c) Entitlement to written termination of employment or pay in lieu was increased beyond the previous two-week maximum. Length of notice or pay is dependent on length of employment and ranges from at least one week, if employed between three months and 2 years, to at least 8 weeks, if employed 10 years or longer. Employees are also required to give notice of termination, although there is no financial penalty if notice is not provided;
(d) Provisions for liability of directors of corporate employers were added, similar to the civil provisions in the Business Corporations Act. This provides better protection for employees through an additional mechanism to determine director liability for wages;
(e) Provisions were added to strengthen the ability to protect employee wages and entitlements from other creditors, up to $7,500 per employee.
575. The Individual's Rights Protection Act in Alberta offers the protection of equal pay for males and females employed in similar or substantially similar work in the same establishment. Women and men are protected from discrimination because of gender in the employment sections 6 and 7 of the Act.
576. Section 11.1 of the Act permits exceptions in situations that may be reasonable and justifiable such as in the case of a bona fide occupational requirement. This allows employers to set requirements or preferences for employees (normally prohibited under the Act), which conform to proven, jobrelated, safety standards.
Measures taken to alleviate poverty
577. The Individual's Rights Protection Act ensures that no trade union shall exclude any person from membership, expel or suspend any member, or discriminate against any person because of enumerated grounds.
578. Alberta provides assistance to persons in need through programmes administered by the Department of Family and Social Services. Employment and training programmes to attain self-sufficiency are delivered jointly between the Department of Family and Social Services and the Department of Advanced Education and Career Development. These programmes compliment a number of federal programmes (such as financial assistance for seniors and tax transfers for families with children and the disabled).
579. The Supports for Independence programmes provides financial assistance to all persons in need, including single parents and their children who can also access medical, optical and dental services. Employment and training programmes are also available to single parents, as well as day care subsidies to offset the extra costs of working. The best way for a single mother to more adequately meet her children's needs is through work. Most efforts are placed on facilitating the transition to independence. In Alberta, government assistance is also available to ensure and enforce maintenance payments of the absent parent to the custodial parent and his/her children.
580. The benefits provided by welfare are based on the costs of basic needs up to a maximum regulated amount. Supplementary and in-kind benefits, such as medical, optical and dental services, are provided and are individualized according to need. The "poverty lines" used by the National Council of Welfare are statistical measures based on a percentage of gross income spent on food, clothing and shelter on average. They do not reflect individual needs for medical and other supplementary in-kind benefits, and do not reflect taxes and other transfers. Therefore, no direct consideration is given to these "poverty lines" in establishing benefits.
Survivors' benefits
581. The Widows' Pension Act, which was passed in 1983, provides financial benefits and access to medical services to widows and widowers between the ages of 55 and 64 who have limited incomes. The Widows' Pension Regulation was changed in 1994 to provide for a shelter portion. The maximum annual amount of the shelter portion of a widow's pension is $650 for a home owner, $1,000 for a mobile home owner on rented land and $1,200 for a renter. This change resulted from the changes to similar programmes for seniors.
Supports for Independence
582. Alberta Family and Social Services provides benefits for people who are in financial need through the Supports for Independence (SFI) programme under the Social Development Act. This is a means-tested programme, which assists persons and families who have exhausted all other resources, and are not able to meet the basic requirements necessary for health and well-being.
583. SFI provides additional support for persons with high needs while actively encouraging those able to work to participate in employment and training. It also provides transitional support for persons temporarily unable to work and a supplement for those who are working, but not making enough money to look after their families' needs. SFI benefits are based on need.
584. There are four subprogrammes under SFI:
(a) Supplement to Earnings: clients who are employed but require an income supplement are in this category. They are expected to keep the job they have, try to find a better one with a higher wage, and to become as selfsufficient as possible;
(b) Employment and Training Support: clients in this subprogramme are unemployed, actively seeking employment or participating in training or workexperience programmes;
(c) Transitional Support: this subprogramme is for clients who are in circumstances that prevent them from seeking employment or participating in training. These circumstances may include caring for an infant under six months old, medical and handicap conditions that may improve in the future, awaiting medical and handicap-assessment outcomes, and other barriers to employment which may be reduced in severity over time;
(d) Assured Support: This subprogramme is for clients who have undergone a detailed assessment of their employment potential and have evidence that they will probably never be able to work full-time continuously in the normal labour force. This subprogramme provides a higher benefit rate.
585. Benefits are available for children in families that are eligible for SFI under any of the above subprogrammes.
586. Standard and supplementary SFI benefits are provided to youths 16 and 17 years old who are legally married and whose financial circumstances meet the programme's eligibility criteria.
587. Other youths 16 and 17 years old may receive SFI benefits, as a last resort, after investigations by Child Welfare. When it has been proven that the youths are not in need of protective services and upon recommendations from Child Welfare, the youths may receive SFI benefits. Other requirements for eligibility include consent letters from parents and full-time school attendance or active job-search on the part of the youths. Recipients in this group are allowed a lower standard allowance appropriate for their age groups, and are generally under the protection of a guardian, or living in a room and board setting.
588. When a child is living with a care giver because his/her parents are unable or unwilling to provide proper care, the Child In Need (CIN) programme provides financial benefits to the care giver for the support of the child. Shelter benefits are not issued when the care giver is also a relative of the child. Relative is defined as grandparent, uncle, aunt, niece, nephew, sibling, in-law, step parent, and any such relation as created by adoption.
589. SFI recipients also receive non-cash benefits - Alberta Health Care coverage, dental services, prescription drugs, eyeglasses, ambulance and funeral expenses.
590. Through the Skills Development Program administered by the Students Finance Board of Alberta Advanced Education and Career Development, financially disadvantaged adults receive benefits, which enable them to access the level of education and training needed to achieve independence through employment. To be eligible for assistance, applicants must generally be Alberta residents 18 years of age or older, out of secondary school for at least 12 months, unemployed, unskilled and labour-market destined. In addition, students must be in full-time, approved programmes of basic, foundation skills or short-term skills training. To maintain benefits, they must attend school regularly and receive passing grades.
591. Benefit levels are based on a demonstrated financial need. Students are expected to share in the cost of their education, and to assume greater responsibility for the costs through the use of loans as their employability and income-earning potential increases. Thus, all students are expected to contribute to the cost of their education through minimum savings. In addition, while students in upgrading programmes will receive grants rather than loans, students in post-secondary programmes will received a combination of loans and grants.
Seniors benefits
592. The Senior Citizens Benefits Act, which was passed in 1975 and was administered by Alberta Family and Social Services, was repealed and replaced by the Seniors Benefit Act administered by Alberta Community Development. Four programmes, Property Tax Reduction, Renters' Assistance Plan, Assured Income Plan and Exemption from Health Care Payments, have been combined into one programme.
593. The Premier's Council in Support of Alberta Families was established by ministerial order in 1990 to advise the Government on how its policies, programmes and services may affect family life in Alberta. It was established in recognition of the fact that families are the foundation of our lives and the cornerstone of our society. Strengthening and supporting families is essential to the well-being of our province.
594. Recognizing that many of its programmes, policies and laws play an important part in the lives of individual citizens and families, the Government of Alberta has declared that families should be considered in everything that is done by government. The Premier's Council in Support of Alberta Families provides a focus within government for this concern about families.
595. The Premier's Council in Support of Alberta Families has prepared an Inventory of Government Programs Affecting Families in Alberta, which provides basic information on all relevant programmes.
596. 1994 was the International Year of the Family (IYF), and the Premier's Council in Support of Alberta Families worked with formal and informal groups and communities across the province to encourage activities that would support and strengthen family life. Over 1,000 IYF events involving over 35,000 volunteers and over 4.2 million participants were registered in a province of only 2.5 million residents.
597. Alberta's Parentage and Maintenance Act was proclaimed in force on 1 January 1991. It replaced provisions of the Maintenance and Recovery Act. Among the changes that it made to the previous legislation was the elimination of the distinction between legitimate and illegitimate children. It also eliminated restrictive time limits on the commencement of affiliation and maintenance proceedings involving a child of unmarried parents. Reference to a father's ability to provide for his "legitimate" children as a determining factor in maintenance for his "illegitimate" children was removed. Also, the financial obligation of a father of an "illegitimate" child now does not terminate upon the remarriage of the child's mother.
598. The Employment Standards Code Amendment Act - May 1994 did not change the basic provisions of the Act. The amendments empowered the Director to hire experts, charge fees for cost-recovery and expand the employee-complaint mechanism.
599. The Maintenance Enforcement Amendment Act - June 1994 strengthened enforcement power by allowing garnishment of joint accounts and withholding of motor vehicle licenses.
600. The Workers Compensation Board Policy, effective on 1 January 1995, allows all family members of proprietors and husband-wife partnerships to be automatically eligible for workers' compensation protection when performing ongoing and integral work for the business.
601. The Individual's Rights Protection Act protects against discrimination on the grounds of marital status in the areas of employment and membership. Marital status includes the status of being married, divorced, single, or in a common-law relationship with a member of the opposite sex.
Maternity protection
602. When the Employment Standards Code was introduced in 1988, the maternity leave provisions were extended to also provide for adoption leave to either parent of not more than eight weeks without pay when adopting a child under the age of three years, providing the employee has been employed for at least 12 months. The maternity and adoption leave benefits were renamed under the Code and are now known as Parental Benefits.
603. Section 38 (2) of the Individual's Rights Protection Act states as follows:
604. Gender and pregnancy are protected grounds in the areas of notices, signs and other representations, accommodation, services, facilities, tenancy, employment and membership in trade unions, employers' organizations and occupational associations.
Protection of children and young persons
605. The Social Care Facilities Licensing Amendment Act - December 1994 allows private babysitters to provide care for up to six children under 12 years of age in a private home without a licence. This includes the babysitter's own children. Private babysitters are not allowed to provide care for more than three children under the age of two.
606. The Child Welfare Act authorizes the government to intervene through the courts where a child's survival, security or development is at risk. It provides legislative authority for adoption, private guardianship and handicapped children's services agreements.
General and specific measures to achieve an adequate standard of living and a continuous improvement of people's living conditions
607. In November 1990, the Métis Betterment Act was repealed, and four new statutes were proclaimed: the Métis Settlements Act; the Métis Settlements Land Protection Act; the Métis Settlements Accord Implementation Act; the Constitution of Alberta Amendment Act, 1990. These Acts, along with Letters Patent granting ownership of the Settlement areas to the Métis Settlements General Council, establish structures and systems for Settlement governance, provide for security of the land base and contain a 17-year, $310 million financial contribution to support the operations of Settlement governments.
608. The Alberta Seniors Benefit Act provides income support in the form of a cash benefit for Alberta seniors with lower incomes. It also fully or partially exempts low- and middle-income seniors from paying health care insurance premiums. The Alberta Seniors Benefit is an income-tested programme.
609. The Assured Income for the Severely Handicapped Act provides a pension benefit to persons who are 18 and over and suffering a severe handicap, as defined in the Act, and who meet the criteria set out in the Act.
610. The mission for the Department of Agriculture, Food and Rural Development is to ensure the existence of policies and services that support the sustainable growth and development of a market-driven agriculture and food industry.
611. The Department identifies its goals as follows: (i) to improve the industry's ability to access and respond to domestic and world market opportunities; (ii) to increase the industry's ability to diversify and add value to the commodities it produces and the products it manufactures; (iii) to develop information and technology that improves industry competitiveness; (iv) to ensure that the industry has access to needed technology, knowledge and skills; (v) to strengthen the industry's capability to manage risk and uncertainty; (vi) to ensure responsible stewardship of soil and water resources used by the industry; (vii) to ensure that public lands, which are the responsibility of the Ministry, are managed for the long-term benefit of the industry and the public; (viii) to manage the Ministry's financial and human resources and legislated responsibilities efficiently and effectively for the benefit of the industry and the public.
612. Food banks are operated by charitable organizations. In 1995, Calgary Food Banks served about 100,000 users. In Edmonton, the number of persons using food banks is about 15,500 a month. About half of the users are children. There are 70 food banks in Alberta.
(i) Measures for the expansion of housing construction particularly for low-income families
613. Alberta Municipal Affairs, through the Cross-disability Advisory Committee, has developed a policy to ensure that the needs of persons with disabilities are not overlooked.
614. Changes to the Alberta Building Code increase the number of adapted units required for public housing projects to a level of at least 10 per cent for most projects.
615. Changes to the Alberta Building Code set standards for the adaptation of buildings and require that units of less than four storeys are accessible on the first storey.
616. Alberta has been a supporter for Habitat for Humanity projects. Financial contribution and other forms of assistance have been provided to the Alberta chapter.
(ii) Discrimination in housing
617. In Alberta, some accommodation such as apartments and condominiums are designated for adults only. These are not available for people with children. However, there are ample supplies of other housing, including apartments, which are available for people with children.
618. Discrimination in housing against people on social assistance is not condoned by law, although it is known that some instances of discrimination by individual landlords do occur. In Alberta, housing is available in a range of prices and rents to suit different income groups. There is also subsidized housing in many municipalities for low-income families.
619. As for discrimination against people who are indebted, the issue is more related to a landlord's concern about renters paying rent on time. Landlords often require and check references for this purpose. The issue at hand is not discrimination but maximization of the ability to collect rent.
620. Alberta Family and Social Services is working with Municipal Affairs to address discrimination in housing against people on social assistance.
621. Concern over the possibility of discrimination against people with children and, in particular, single parents, has lead to the inclusion of "family status" as a ground of discrimination in Alberta's human rights legislation.
622. "Source of income" has also been added as a new ground of discrimination to prevent discrimination against people on social assistance.
(iii) Homelessness
623. No recent estimates are available on the number of people who are homeless in Alberta. An estimate for 1986, prepared by the Edmonton Coalition on Homelessness, showed that between 2,375 and 4,750 Albertans were homeless. Another estimate by the same organization showed that there were more than 1,500 sheltered homeless in Edmonton.
624. The Supports for Independence programme, as previously described, provides basic benefits to all persons in need. There are temporary shelter programmes funded by the provincial government. Non-profit groups like the Salvation Army, Catholic Social Services and the Bissell Centre receive funding from the provincial and municipal governments, and provide shelters for transients and the homeless.
625. Homeless persons can receive social assistance. They may arrange to pick up benefit cheques at a shelter or at a welfare office. Supplementary benefits, including health care, are also available.
(iv) Security of tenure
626. Family and Social Services has no information on the number of people who are evicted from their homes. Tenants are protected under the Residential Tenancies Act.
627. Under section 4.1 of the Residential Tenancies Act, a landlord may only terminate a periodic tenancy for one or more of the prescribed reasons set out in regulation. Under Alberta Regulation 229/92, Residential Tenancies Ministerial Regulation, the landlord may terminate only where the landlord or relative of the landlord intends to occupy the residential premises, the landlord has agreed to sell the residential premises, the premises are to be demolished or are subject to major renovations, or the landlord intends to change the use of the premises to a non-residential purpose. It appears that landlords in Alberta are not generally able to evict without reason, so long as required notice is provided.
(v) Waiting lists
628. Information provided to Family and Social Services indicates that waiting lists for subsidized housing have declined substantially since 1994. At present, there is a surplus of two bedroom and three bedroom subsidized housing units in Edmonton, and the waiting list for other subsidized units is about 200 in Edmonton. Most of these are for one bedroom units. In Calgary, there are about 950 families on the waiting list for subsidized housing.
Principal laws to promote and safeguard the right of everyone to enjoy the highest attainable standard of physical and mental health
629. Prior to 1991, clients receiving support services through the Alberta Home Care Program had to be 65 years of age or over, or be over 18 with a physical handicap and residing in a designated facility. In 1991, the Coordinated Home Care Program Regulations under the Public Health Act were changed to provide services to anyone based on a needs assessment regardless of age, place of residence or physical handicap.
630. In December 1991, the Operation of Approved Hospitals Regulation under the Hospitals Act was repealed. This removed a requirement for a second physician to be consulted prior to a woman receiving an abortion.
631. The Mental Health Act was proclaimed in force on 1 January 1990. It sets out processes that must be followed for a person to be admitted to and detained in a designated psychiatric facility as an involuntary patient. Patients have the right to be informed of the reasons for their detention and the right to appeal to an independent review panel. An independent Mental Health Patient Advocate is set up through legislation to administer the Act on behalf of certified patients.
632. The Public Health Act was amended in 1996 to allow for better access to health services in sparsely populated areas and particular inner-city clinics. The legislation was amended to allow registered nurses, with ministerial approval, to provide health services currently restricted to physicians under the Medical Profession Act. Plans to use registered nurses in this way would have to be submitted by the regional health authorities.
633. Other initiatives include the Personal Directives Act, 1996, which allows an individual to appoint an agent to make decisions on the individual's behalf regarding personal matters such as health care, place of residence and legal affairs, when the person is incapable of doing so. It also allows for an individual to provide instructions in anticipation of future periods of incapacity. This legislation has yet to be proclaimed into force.
634. Regulation under the Alberta Health Care Insurance Act was changed to eliminate the charging of facility fees in association with the provision of insured services at a non-hospital surgical facility.
635. The Provincial Health Council was formed to monitor and report on health system performance. Its first task was a review of existing appeal mechanisms available. It proposes the establishment of an independent ombudsman.
Schemes and programmes to prevent, treat and control epidemics and diseases
636. On 25 August 1993, a public health bulletin was issued recommending testing for HIV/AIDS for persons receiving blood transfusions or blood products between January 1978 and November 1985.
637. On 22 November 1993, a public health bulletin was reissued recommending testing for HIV/AIDS for persons receiving blood transfusions or blood products between January 1978 and November 1989.
638. On 23 June a public health bulletin was reissued recommending testing for HIV/AIDS for persons receiving blood transfusions or blood products between January 1978 and November 1985.
639. On 1 October 1990, the Alberta Program for the Early Detection of Breast Cancer was introduced. The goal of the programme is to reduce breast cancer mortality by 30 per cent within 15 years.
640. On 14 June 1990, the Prevent Tuberculosis Project was launched. Aimed at eliminating tuberculosis by the year 2010, the programme is delivered by public health units and health centres across the province, and focuses on the supervision of twice-weekly preventive treatment for tuberculosis patients.
641. On 26 April 1990, a province-wide immunization awareness campaign was implemented. It aimed at informing parents of the benefits of immunization and the dangers of communicable diseases. The campaign included a direct-mail package to 85,000 households, television advertising, posters and brochures.
642. On 1 April 1990, two-year projects began in Edmonton and Calgary for the prevention of HIV transmission among and by injecting drug users. These programmes included education, referral for treatment, provision of condoms, and syringe and needle exchange, as necessary.
643. On 1 April 1990, in cooperation with Alberta Education, an AIDS Resource Kit was developed and provided to elementary schools, community AIDS organizations, health units and libraries. The kit contains resources to assist teachers, health professionals and parents to give age-appropriate HIV/AIDS information to elementary school children.
644. On 16 February 1990, the multimedia campaign FACING AIDS was launched. A series of 13, two-minute television news features giving clear, direct, factual AIDS health information was produced. The campaign dealt with the issues, and focused on respect for self and the value of human life. Printmedia advertising support for the television news features appeared throughout the province in Alberta's weekly and daily newspapers.
645. On 1 January 1990, the pneumococcal vaccine was introduced as a component of the Provincial Immunization Program.
646. On 1 January 1990, the Haemophilus influenzae type b (Hib) meningitis infant vaccination programme was introduced.
Measures to promote environmental and industrial hygiene
647. In 1989, Alberta introduced regulations under the Occupational Health and Safety Act that implemented the Workplace Hazardous Materials Information System (WHMIS), a Canada-wide hazard-communication system. The system provides information on hazardous materials by setting requirements for labelling, provision of material-safety data sheets and worker training. The objective of WHMIS is to solve problems caused by unlabelled or inadequately labelled hazardous materials, as well as by the lack of adequate hazard and precautionary information about such materials.
Right to primary education
648. A new Alberta School Act passed in 1988 is based on four principles. The first is that "... the best educational interests of the student are the paramount considerations in the exercise of any authority under this Act," and the second is that "... parents have a right and a responsibility to make decisions respecting the education of their children;". Section 3 of the Act gives a right to access to education for students who, on 1 September in a year, are 6 years of age or younger than 19 years of age. Alberta also provides for a kindergarten programme on a voluntary basis for children one year younger than school age.
649. Section 29 provides that students with special education needs by virtue of the student's behavioural, communicational, intellectual, learning or physical characteristics are entitled to have access to a special programme. This includes the gifted.
650. Alberta Education has developed guidelines and funding mechanisms to assist school jurisdictions to provide school buildings that are barrier free.
651. Alberta Education has developed supports (including in-service workshops and kits) for the placement of special needs students in integrated settings that best meet their needs.
652. Increasingly, Native peoples within Alberta have been moving towards greater self-government in areas such as education and advanced education. The Premier supports the principle of self-government and is working with Alberta First Nations Chiefs to establish a formal process of communications through which further negotiations can take place between the two levels of government. The value of education has been fully recognized within Native communities as a means to reduce the high levels of poverty, dependency and abuse which currently exist. Correspondingly, there has been a substantial increase in full and part-time enrolment across the university, college and vocational college sectors in Alberta. To improve the graduation rate of Native students, a number of institutions provide special support services such as counselling, housing, day care, tutorials, etc. Post-secondary institutions have also entered into a number of flexible cooperative arrangements with Native governments to provide programmes/courses directly in Native communities through brokering, distance education and other innovative means.
653. The School Amendment Act - May 1994 allows the province to assume full funding responsibility to eliminate inequality of educational opportunity caused by regional fiscal inequity. The Act also provides for the establishment of charter schools (see paragraph 656 below).
654. Since 1990, Alberta Aboriginal Affairs has provided approximately $265,000 to Aboriginal organizations and communities to support initiatives in the area of education. These activities have ranged from field trips for Aboriginal students from remote communities to conferences on Aboriginal education to literary programmes. These grants are in addition to those available from other provincial departments and agencies.
655. During 1993 and the earlier part of 1994, the Department of Education engaged the public and interested groups in a broad consultative exercise to determine future goals and strategies for adult learning. The four goals identified for Alberta's adult learning system were: affordability; accessibility; responsiveness; accountability. The new goals identified along with the strategies developed to achieve these goals should have the effect of making adult learning more accessible to all types and levels of learners. As well, it is expected that learners will become better informed about the choices available to them, thereby maximizing the value and relevance of any programme of study they enter.
Right to choice of school
656. Parents may choose from a fully funded public system that has two dimensions public and Roman Catholic or Protestant separate schools from private schools, or home education. A recent amendment to the School Act provides for the establishment of publicly funded charter schools. Home education programmes must be under the supervision of a public or separate school board, or an accredited private school. Accredited private schools, some of which are religiously oriented, are entitled to some funding from the Department of Education.
Right to take part in cultural life
657. The Alberta Multiculturalism Act, 1990, states its objectives as follows: (a) to encourage respect for the multicultural heritage of Alberta; (b) to promote an awareness and understanding of the multicultural heritage of Alberta; (c) to foster an environment in which all Albertans can participate in and contribute to the cultural, social, economic and political life of Alberta; (d) to encourage all sectors of Alberta's society to provide access to services and equality of opportunity. To fulfil these objectives, the Alberta Multiculturalism Commission undertakes various projects with community and business stakeholders. In addition, the Commission provides funding for heritage-language instruction.
658. From 1990 to 1994, the government of Alberta provided a total of approximately $20 million annually for historical resource development. This included operational funding for a network of 18 provincial museums, interpretive centres and historic sites which presented a wide range of information on various cultural and settlement groups, archaeology and natural sciences. This also involved heritage-resource protection across Alberta employing institutional and legal mechanisms. Technical and financial support were also made available to other specialized provincial heritage organizations, as well as hundreds of local community groups and individuals wishing to research, interpret or restore significant heritage resources. Activity highlights include the opening of the Reynolds-Alberta Museum and the Remington-Alberta Carriage Centre, which explore the early technological developments of our peoples, as well as the Fort George/Buckingham House Provincial Historic Site, which portrays the early fur trade and associated cultures. The government of Alberta has also been technically and financially involved with "The Dinosaur World Tour", a multiparty $20 million exhibition of dinosaurian materials from Canada and China that is supposed to tour internationally until the end of the century.
659. The network of provincial museums, historic sites, interpretive centres and archives has taken measures to assist visitors with disabilities.
660. The ministries responsible for tourism, parks and recreation are committed to ensuring barrier-free design standards, as per the Alberta Building Code, in all new facilities, and improving barrier-free design standards in existing facilities.
661. The Alberta Foundation for the Arts Act, 1991, established the Foundation with a mandate: to support and contribute to the development of and to promote the arts in Alberta; to provide persons and organizations with the opportunity to participate in the arts in Alberta; to foster and promote the enjoyment of works of art by Alberta artists; to collect, preserve and display works of art by Alberta artists; to encourage artists resident in Alberta in their work.
662. During the fiscal year 1993/94, $16.1 million in funding were provided through lotteries to support the performing, visual, literary and film/video arts, and cultural industries and libraries. Support is also provided through the Arts and Cultural Industries Branch for the development of programming for media literacy.
663. Alberta institutions of higher learning have developed intellectual-property policies and procedures to ensure that the results of scientific research reside in the public domain, thereby benefiting society as a whole. However, such intellectual-property provisions also include royalty provisions to ensure appropriate rewards and incentives for the creators of artistic works.
664. Alberta universities, under the terms of the Universities Act, are legislated to undertake both teaching and research, both of which contribute to the conservation, development and diffusion of science and culture. The results of university research reside in the public domain.
665. Alberta university faculty enjoy academic freedom arising from the provisions of tenure, as well as a collegial governance structure, which vests decisions on academic matters in the authority of the collectivity of academic staff.
666. The Individual's Rights Protection Act and the Alberta Human Rights Commission work to promote the equal participation of all citizens in the culture and society of Alberta. This is done through public education programmes presented to schools, businesses, hospitals and a wide range of interested groups. Public education to address discrimination continues during the complaint filing, investigation and resolution of disputes process at the Commission.
667. The following will update, to October 1994, the information contained in Canada's Second Report.
668. The Saskatchewan Department of Education, Training and Employment is responsible for maximizing employment opportunities and meeting labour market needs through provincial training activity.
669. A complete range of skill-training programmes is offered through the four campuses of the Saskatchewan Institute of Applied Science and Technology as well as numerous regional colleges. Private schools offer additional vocational programmes. In secondary schools, technical and vocational training is offered from Grades 7-12.
670. The Apprenticeship and Trade Certification Act and Regulations govern the activities of the provincial Apprenticeship and Trade Certification Unit, which, in addition to its general programmes, has several initiatives to increase the participation of women, Aboriginal people and visible minorities in apprenticeship training.
671. The Vocational Rehabilitation of Disabled Persons (VRDP) programme is a federal-provincial cost-shared programme administered by the province. The purpose of VRDP is to assist persons with disabilities in gaining employment. It funds disability-related services, tuition, books and training allowances for eligible students.
672. The Saskatchewan Skills Development Program is jointly administered by Saskatchewan Education, Training and Employment and the New Careers Corporation. The Program provides academic and skill-training opportunities for employable social-assistance recipients. This includes academic upgrading, high school completion, community-based skills training, technical/vocational and work-experience programmes.
673. The Saskatchewan Skills Extension Program funds technical/vocational skills training programmes for people in rural and northern communities, and small urban centres.
674. The Saskatchewan Partnerships Program provides grants to employers to hire students who are enrolled in or will be pursuing post-secondary education during the spring and summer months.
675. The Non-sponsored Adult Basic Education Program provides funding for the course costs for Adult Basic Education students who are not eligible for sponsorship from another source.
676. The Future Skills programme is a provincial government initiative in partnership with individuals, industry, communities and public training institutions. Future Skills provides funding to support employment training given the current needs of Saskatchewan's recovering economy. Unemployed workers and social-assistance recipients have priority for on-the-job and jobskills training. The Industry Skills component of Future Skills allows employers, industry and public training institutions to meet industry needs for skilled workers. The Community Skills component allows community organizations and institutions to develop and deliver programmes leading to employment for target groups, such as Indian and Métis peoples, women, disabled people and visible minorities. Funding is also available for school divisions to support transition-to-work programmes for secondary students. The Response Skills component is to increase capacity to meet retraining needs, particularly for part-time students, and to develop new programmes for new technology.
677. The Saskatchewan Human Rights Code was amended in July 1993 to include protection against discrimination on three new grounds - sexual orientation, family status and receipt of public assistance. Section 16 of the Code makes it illegal to discriminate on these grounds in all employment areas from recruitment and hiring to promotion and dismissal. Section 9 protects the right to engage in occupations. Section 17 protects the right to membership in professional and trade associations. Section 18 applies specifically to trade unions.
678. The Saskatchewan Human Rights Commission has recognized that women, Aboriginal people, people with disabilities, and visible minorities are particularly disadvantaged in employment in Saskatchewan. The Commission has designated these as target groups in employment equity programmes. There were 18 approved plans by the end of 1993. Six new plans were approved in 1994 for a total of 24.
679. There have also been amendments to The Labour Standards Act. The Act requires minimum notice of lay-off and termination of employment, or pay in lieu of notice. The length of the notice is based on the length of service of the employee and was increased in amendments made in 1994. The termination of the employment of pregnant workers is prohibited, as is the termination of employees who report on any activity that is or may be unlawful. Employment cannot be terminated because employees' wages are garnisheed, or attached for debts or maintenance. Employees are entitled to a leave of absence to run for elected office.
680. The Occupational Health and Safety Act was also amended. It prohibits discrimination against a worker for exercising any rights under the Act, and permits an Occupational Health Officer to require the employer to reinstate the worker with full pay and benefits. The Act also prohibits workplace harassment on sexual, racial and other grounds. This prohibition is enforced like other occupational health and safety matters.
681. The principal method for fixing wages in Saskatchewan is through individual agreements between employers and employees. In 1994, the rate of unionization in the non-agricultural workforce was 31.2 per cent. Women represented 48 per cent of union membership.
682. The Labour Standards Act requires the minimum wage to be set by the Minimum Wage Board. In 1985, the rate was set at $4.50 per hour. The hourly rate was increased to $4.75 and $5.00 in 1990, and to $5.35 in 1992. Minimum wage applies to all employees, regardless of age or sex, except workers employed in farming, ranching or market gardening. The law is enforced by the Labour Standards Branch of the Department of Labour without cost to the employee.
683. The number of employees earning minimum wage is difficult to determine. The latest available data (1990) from Statistics Canada indicated that there were between 25,600 and 36,400 persons who worked at one or more minimum wage jobs in 1990 – between 7 per cent and 9.5 per cent of the paid workforce.
684. Women are more likely to be minimum wage earners than men. Ten per cent of female employees work at minimum-wage jobs compared to 7 per cent of male employees. Sixty-three per cent of minimum wage earners are under the age of 25, with the majority of this group being younger than 20. Sixtyfour per cent of minimum-wage earners are single. Forty-six per cent of minimum-wage earners are students for one or more months in the year.
685. The purchasing power of minimum wage declined every year from 1981 to 1989. The increase to $4.75 in 1990 halted the decline, and recent increases have kept the purchasing power of a minimum-wage income near the level it was in 1989. In 1992, a full-time minimum-wage earner earned approximately 50 per cent more income than the amount paid to the average social assistance recipient in Saskatchewan and approximately the same amount as the average unemployment insurance recipient.
686. The Labour Standards Act prohibits employers from paying female employees a rate of pay that is less than the rate paid to male employees performing similar work. The provisions are enforced by the Labour Standards Branch of the Department of Labour, who can refer the complaint to the Saskatchewan Human Rights Commission for a formal inquiry into the matter.
687. The Labour Standards Amendment Act, 1994, required that employees be given 8 hours off work in each 24 hour period. Employees who work 6 hours or more in one day must be given a 30minute meal break after 5 hours of work. Employers are required to reimburse employees for any monetary loss suffered by the employee as a result of a cancellation or postponement of annual holidays, and public holiday pay is now required to be paid, where the day falls on an employee's regular day off work.
688. The following table shows the types and numbers of claims made to the Saskatchewan Workers' Compensation Board in selected years:
689. The Trade Union Act has been amended since Canada's last report. It continues to protect and enhance collective bargaining in the province. The Act prohibits discrimination in hiring, tenure of employment or terms or conditions of employment based on the exercise of rights under the Act. Arbitration of collective-bargaining disputes, including terminations, is provided for.
690. Arbitration of terminations is now required where no collective agreement is in existence but where the employees have selected a trade union to act as their bargaining agent. Trade unions are required to fairly represent employees in all termination grievances and arbitrations.
691. The Construction Industry Labour Relations Act reintroduced provincial bargaining in the construction sector. The Act initially appeared in 1979 but was repealed in 1983/84. The Act requires construction employers in each trade division to bargain through a representative employer association with the trade union certified to represent employees in that trade. The Act requires that strikes and lock-outs in the construction industry take place on a provincial basis among all employers in the trade division.
692. The Family Income Plan, administered by the Department of Social Services, provides financial benefits to Saskatchewan families with dependent children under the age of 18 whose income and assets are below prescribed levels. Since July 1993, maximum benefits are $105 per child, per month, for the first three children in the family and $95 per month for the fourth and subsequent children. Maximum benefits are available to families whose income is equal to, or less than, $725 per month. Benefits are reduced by $1 for each $2 of additional income above $725 per month. Applicants are allowed assets of up to $150,000.
693. The Department of Social Services continues to administer the Saskatchewan Assistance Plan, as detailed in previous reports.
694. Saskatchewan residents receive comprehensive health coverage and medical care insurance coverage for a wide range of health promotion, community-based prevention services, as well as diagnostic, treatment, and institutional and continuing care services. No premiums are levied for this coverage. Financing of medical, hospital and other health benefits is provided through provincial tax revenues and federal government contributions.
695. The Supplementary Health Benefits Program, administered under The Medical Care Insurance Supplementary Provisions Act, provides health-cost protection for non-insured services to social assistance recipients, wards of the government, inmates of correctional institutions, and residents of special care facilities whose income is at or below the Saskatchewan income plan level. Individuals eligible for coverage under this Program are nominated by the Department of Social Services under provisions of the Saskatchewan Assistance Plan. Services covered under the Supplementary Health Benefits Program include certain medical and dental services, prescription drugs, medical supplies and appliances, optometric and optical services, and transportation costs.
696. Seven government departments and secretariats worked together to develop a proposal for a comprehensive, interagency policy framework for integrating policy and programme development for children. The initiative, which got under way in June 1993, exists to encourage partnerships among all levels of government, private organizations and community groups, for the purpose of providing programmes and services to address the needs of all children, but particularly those at risk of any form of abuse or neglect. More details on the Action Plan for Children can be found in Canada's report under the International Covenant on Civil and Political Rights.
697. In 1994, the government established the Saskatchewan Council on Children to advise government, and especially ministers, participating in the Child Action Plan on priorities for improving the well-being of children. The Council, consisting of 25 volunteers, each appointed for one year, reflects a broad spectrum of children's interests.
698. As noted above, "family status" has been added as a prohibited ground of discrimination in The Saskatchewan Human Rights Code. Between July 1993 and December 1994 (inclusive), the Commission received 15 complaints on the basis of family status. These complaints involved employment (8), housing (5), public services (1) and education (1).
699. In 1994/95, the government made available $4.4 million for new initiatives targeted towards children. Some of these funds are available, through Prevention and Support grants, to communities to support their efforts to enhance the well-being of children and families.
700. Saskatchewan Assistance Plan policy has been amended to allow single parents who so choose to remain at home to care for their children under six years of age. In twoparent families, one parent may choose to remain at home. In addition, the first child of a single parent family now receives the adult rate of basic allowance, or board and room.
701. In 1994, the Department of Social Services implemented a province-wide Family-centred Case Management Model for the delivery of services to children in need of protection. The Model recognizes that the family is central to the child's best interests and, because it cannot be replaced, every effort should be made to strengthen and empower families, where it is safe to do so. The approach used by the Model is wherever desirable and reasonably possible to invest time and resources in ensuring that children receive appropriate care and treatment in their own homes by working with family members to treat and strengthen the family unit.
702. Also in 1994, The Ombudsman Act was amended to permit creation of a Children's Advocate for Saskatchewan. The Advocate will protect the interests of children and youth receiving services from the government, and to ensure that the services provided are appropriate. The Advocate will report to the Legislature to remain independent of any government department or minister.
703. In November 1993, the Department of Agriculture and Food completed its strategic plan. The strategy for the provincial agriculture sector has three main components: (i) to provide the opportunity for farm families to manage their land, better control their future, and be economically successful; (ii) to diversify the agriculture and food sector, and add value to our agricultural production; and (iii) to promote production, marketing, research, education and training institutions that contribute to the development of family farms, diversification and valueadded production.
704. An Extension Research Unit has been established to enhance the transfer of information from the research level to farmers. This unit develops and improves equipment and transfers information to producers to increase production efficiency.
705. The Marketing Development Branch identifies and evaluates potential markets for existing and new products, encourages diversification and valueadded opportunities beyond the farmgate and provides agrifood business with marketing and business services and strategies.
706. The Agricultural Credit Corporation of Saskatchewan has been given a broader mandate to deal with the loan problems of individual farmers, resulting in many of those clients being able to continue their farm operations.
707. The Farm Stress Unit assists farm families suffering from financial and personal crises. The Unit has established a provincewide directory of services available to farm families.
708. The Farm Business Management Information Network has brought together over 2,000 Saskatchewan farmers to obtain and exchange information through a computer network.
Provincial health reform
709. The mandate of the Department of Health is to provide leadership and vision for the health system to protect and improve the health of Saskatchewan people. The Department, in a variety of partnerships, carries out this mandate by establishing policy direction, setting standards, providing services and funding, and supporting district health boards and other healthrelated organizations.
710. In 1992, Saskatchewan initiated major health reform using a wellness approach based on three key principles: increased community involvement and control over the health system; improved coordination and integration of health services to provide a more responsive and efficient health system; and increased emphasis on disease and accident prevention, healthy lifestyles, community-based programmes, service effectiveness and public policies.
711. The first stage of health reform - structural reform - involved the formation of a new governance structure, new and amended legislation, changes in funding of health services, and the creation of 30 district health boards with initial responsibility for managing and providing acute care, longterm care, ambulance and home care services. District health boards will also assume responsibility for public health, mental health and addiction services to residents of all ages in their districts.
712. The second stage of health reform is reform of service, programme and delivery methods.
Health promotion and community health prevention services
713. Public health legislation is intended to foster community health by establishing an administrative framework for delivering community health and healthpromotion programmes, and by regulating activities that affect community health. It extends to such matters as water supplies and sewage disposal, the sale of food, the abatement of health hazards, the reporting of communicable diseases, the control of epidemics, and the licensing of commercial and community activities that affect public health.
714. The Public Health Act, 1994 replaced The Public Health Act, The Venereal Disease Prevention Act and certain provisions in The Health Services Act. The Act contemplates that the principal responsibility for delivering community health programmes will rest with district health boards rather than municipal governments, as was the case under the old legislation. However, it also allows for those situations where it is more appropriate to place this responsibility on the Minister of Health, municipal governments or Aboriginal organizations. The Act will come into force on proclamation, expected in 1995.
715. In the spring of 1995, a range of preventive and supportive health services currently provided by Saskatchewan Health were transferred to the district health boards:
(a) Prenatal and child health services offered by public health nurses, including immunization, health screening, and teaching and counselling in home and classroom settings. Services are also delivered through postnatal home visits and child health clinics;
(b) Nutrition counselling and classes, promotion of breastfeeding, and school nutrition programmes provided by nutritionists and nurses;
(c) A Nutritional Products Program, which provides special formulas at low or no cost to a limited number of clients who require special formulas to prevent mental retardation and other handicaps resulting from inborn errors in metabolism;
(d) Measures by nurses, social workers, youth workers and psychologists to enhance parenting skills, and reduce the incidence of family violence, child abuse and delayed development;
(e) Provision of sexuality education and familyplanning counselling, and referral to individuals and schools upon request;
(f) Prevention of venereal disease and case followup;
(g) Dental hygiene and dental education. In 1992/93 an Extended Fluoride Mouthrinse Program was offered to 17 new schools for a total of more than 16,000 students in 188 schools participating in a weekly fluoriderinsing programme. Participation in the preschool dental health education programme increased by 58 per cent;
(h) Mental health services;
(i) Addiction prevention and treatment services; and
(j) Public health inspection services.
Environmental and occupational health (public health inspection) services
716. Environmental health services are provided to protect the public and their communities from physical, chemical and biological hazards. The inspectors routinely inspect all public facilities, and investigate and handle potential public health nuisances and hazardous situations. They also heighten the public's awareness of environmental health by attending health fairs, and holding courses and seminars.
717. Employers are provided with models for the development of workplace wellness programming, in addition to consultation and resource materials. Reducing environmental smoke in the workplace and in public places continues to be a priority with Saskatchewan Health.
Community health treatment services
718. Under The Health Districts Act, 1993, The Public Health Act 1994, The Ambulance Act and other legislation, a range of health services, including assessment, diagnosis, treatment, rehabilitative and support services, are provided through various programmes and facilities, agencies and organizations.
719. Community clinics offer a wide range of health services provided by physicians and other professionals who are paid on a salaried basis.
720. Community Health centres, which are funded and managed by district health boards, provide outpatient diagnostic and treatment services through resident or regularly visiting physicians. Other programmes provided include an on-call nurse to provide 24hour emergency service, public health services, a social activity programme primarily for elderly people, and liaison with other communitybased programmes.
721. The Personal Care Homes Act, requires privately owned homes serving 10 or fewer clients to be licensed, and to meet the standards for accommodation, care services and safety. These homes currently provide service to approximately 1,500 adults in Saskatchewan who have light to moderate personal-care needs.
722. Specialcare Homes are regulated through The Housing and Specialcare Homes Act. Specialcare homes services are funded and/or provided through district health boards to ensure that appropriate longterm residential care and programmes are available to people who need more care and supervision than is available in their own homes.
723. The Medical Care Insurance Plan is administered under The Saskatchewan Medical Care Insurance Act and pays for insured services generally on a feeforservice basis to physicians, chiropractors, optometrists and dentists in accordance with Medical Care Insurance Branch payment schedules. These schedules reflect agreements reached with the various professional associations. Alternate models of payment for insured services are also being developed and implemented. The Plan was amended in 1993 to implement a copayment system for chiropractic services; prohibit extra billing for services provided by physicians and other health care providers; and allow the department to recover costs from insurance companies for medical costs paid in connection with third-party liability accidents.
724. The Mental Health Services Act and Regulations were amended in 1993/94. A significant new direction is the provision of mandatory community treatment orders.
725. Mental health services are provided through a wide range of communitybased programmes and in-patient psychiatric care services, including 10 psychiatric units, which are operated in conjunction with general hospitals. In addition, one 146-bed psychiatric hospital provides a range of inpatient psychiatric services and also operates an additional 24bed mediumsecurity forensic programme. The admissions are primarily voluntary with about 30 per cent involuntary admissions.
726. In 1992/93, a mobile healthrecovery programme was implemented in northern Saskatchewan in cooperation with the Northern Region of Saskatchewan Alcohol and Drug Abuse Commission. The team comprises mental health social workers and addictions counsellors. With the exceptions of services in northern Saskatchewan, the mental health services provided by Saskatchewan Health will be transferred to district health boards effective 3 March 1995.
727. Services to the Deaf and Hard of Hearing are provided to infants, children, adults and families with hearing difficulties. Children's hearing is assessed by public health nurses and trained audiologists in hospitals and schools. Audiological evaluation, rehabilitation and technical support services and hearing aids are provided at no or low cost through a major urban assessment centre, and outreach services to communities and schools. Funding assistance is provided for translation services by some health facilities.
728. As to dental services, certain Xray and surgical dental services continue to be covered by health insured benefits upon referral by a dental specialist or where the beneficiary was referred to a dentist by a specialist in the surgical field, and where prior approval of the Medical Care Insurance Branch is received. Dental Care is provided by salaried dentists and dental therapists for children aged 017 whose families receive Family Income Plan Supplements or Supplementary Health benefits. The Northern Health's Children's Dental Program provides coverage of preventive dental care of no cost to children age 316.
729. The Prescription Drug Plan provides subsidies based on the family's ability to pay. A safety net programme called Special Support was established to assist those families with low incomes, those with high drug costs and those with a combination of the two. Lower-income families who receive income supplements have lower semi-annual deductibles. After the deductible is reached, the family's share falls to 35 per cent. Families who are not eligible for any other programmes through the Drug Plan have a semi-annual deductible of $850, before the family's share falls to 35 per cent.
730. As to optometric services, effective 1 June 1992, coverage for optometric services was limited to the following four categories of persons: those under the age of 18; Supplementary Health Program beneficiaries; recipients of Family Income Plan benefits; and seniors (age 65+) receiving Saskatchewan Income Plan supplements. Services covered include routine eye examinations, partial examinations and tonometry (for persons 40 years of age and over). The minimum time period between insured routine eye examinations remains at two years for those 18 to 64, and one year for all other ages.
731. The Saskatchewan Aids to Independent Living (SAIL) programme enables eligible persons with long-term physical disabilities to receive equipment and supplies such as wheelchairs and walkers, artificial limbs and braces; financial assistance for home oxygen and aerosol therapy; and prescription drugs required in the treatment and care of paraplegia, cystic fibrosis and renal disease.
732. As to ambulance services, The Ambulance Act and Regulations, July 1989, consolidated the organization, licensing regulations and funding authority for ambulance services. Ambulance services establishes and monitors standards, and licenses 105 service agencies and about 1,500 ambulance attendants, emergency medical technicians and Paramedics. Ninety-nine per cent of the province's population is within 50 kilometres of an ambulance service; 95 per cent of the population is within 30 kilometres of an ambulance service. In addition to funding and/or providing local ambulance services, health districts are also establishing first-response teams to complement existing ambulance services in both rural and urban communities.
First Nations and Métis nations populations
733. Saskatchewan Health, some First Nations and the Métis Nation of Saskatchewan are developing written agreements which facilitate the participation of Indian and Métis people in health reform. The goals of these agreements are to make it possible for Indian and Métis people to have greater input into decisions relating to the health services that they use and to promote and improve the province's Indian and Métis health status while respecting their unique intergovernmental relationships.
Northern Health Services
734. Northern Health Services is responsible for provision of health services to residents of northern Saskatchewan (a sparsely populated area roughly north of the 54th parallel). Northern Health Services already provides a variety of communitybased health programmes to northern residents. These include primary care, public health nursing, mental health care, physician services, children's dental, home care, public health inspection, nutrition counselling, speech language pathology, health education, medical health officer consultation and programme support services.
735. Public health and primary care nurses provide preventive programmes and wellness education on topics such as prenatal care and parenting skills. Nineteen nurses are based in 10 communities. Making about 35,000 contacts, 13 of these nurses provide primary medical services and emergency care to residents of six northern communities who do not already have access to physician services or hospitals. A nurse epidemiologist who works closely with the medical health officer coordinates communicable disease control and surveillance.
736. The home care programme, which was expanded from 10 to 15 communitybased programmes in 1992/93, has improved clients' access to services. Communitybased home care programmes are designed to allow northerners to remain in their own homes as long as possible rather than seeking institutional care. These programmes also allow people to return home sooner following hospitalization. Northern home care programmes currently serve more than 2,850 clients.
737. A part-time medical health officer provides consultation on a wide variety of community health issues, including communicable and chronic disease control and promotion of good health and well being.
Access to health care providers and related legislation
738. Saskatchewan residents have direct or indirect (referred) access to services provided by a wide range of health service providers.
739. Legislation governing major health care providers and selected information on the services provided are as follows.
Chiropractic services
740. Chiropractic services are regulated through The Chiropractic Act, 1994. The chiropractic programme was changed on 8 September 1992. Prior to 8 September 1992, chiropractic visits and Xray services were insured with no limits. Effective 8 September 1992, the chiropractic programme changed to a copayment system for services provided.
Dental services
741. The Dental Therapists Act provides for the registration of dental therapists and authorizes regulations to be made in connection with their practice and employment.
742. In 1991/92, over 80 per cent of eligible children ages 5 to 13 received dental services, including 106,342 preventive oral hygiene examinations and topical fluoride applications, from 300 private practice dentists, dental hygienists and dental therapists.
Nursing services
743. Nursing associations are regulated through The Registered Nurses Act, 1988 and The Licensed Practical Nurses Act, 1993.
744. Nursing services are provided in schools, hospital clinics, community health centres, long-term care facilities, special-care homes and homes by registered nurses, registered psychiatric nurses and licensed practical nurses. In 1992/93, 180,000 hours of nursing services were provided to 11,200 home-care clients, and 1,780,053 patient days of care were funded in Saskatchewan hospitals.
Physical therapy services
745. The Physical Therapists Amendment Act, 1994 allows physical therapists to assess and treat patients without a physician referral. A provision requiring the College of Physical Therapists to submit an annual report to the Minister of Health is also established.
746. Access to physical therapy is provided through hospitals, rehabilitative centres, long-term care facilities, home care and private clinics.
747. Eleven privately owned physical therapy clinics provided therapy services under contract with the Department of Health. In the future, district health boards will have the option of establishing, renewing or terminating contracts for privately owned physical therapy services.
Physician services
748. Physician services are regulated through The Medical Profession Act, 1981. An amendment to The Saskatchewan Medical Care Insurance Act prohibited extra billing by physicians and other health professionals, effective 1 August 1985.
749. On 31 March 1993, 1,152 physicians were in active practice in Saskatchewan. This resulted in a provincial physician-to-population ratio of 1:900.
750. Medical Care Insurance Branch funded insured physician services to 86.4 per cent of Saskatchewan beneficiaries during the year, insured optometric services to 12.8 per cent of beneficiaries, and insured chiropractic services to 11.2 per cent of beneficiaries. The average annual cost of physician services per person treated was $298.71.
Psychologists
751. The Registered Psychologists Amendment Act, 1994 came into force.
752. Persons employed as psychologists by a district health board or the University of Regina were added to the list of persons who are exempt from the requirement to register under The Registered Psychologists Act.
753. Early childhood psychologist services are provided to children with developmental and/or behavioural problems through assessment, follow-up, consultation and public education services.
754. In 1992/93, the number of Early Childhood Psychologist positions increased from 6 to 10, serving 10 health regions.
Speech-language pathologists and audiologists
755. The Speech-language Pathologists and Audiologists Act, which regulates the profession, was proclaimed on 31 May 1992.
756. Speech-language pathologists and audiologists provide assessment, counselling, follow-up and technical support to the deaf and hard of hearing.
757. In 1992/93, over 30,000 services, including 8,646 audiological evaluations, were provided through the Saskatchewan Hearing Aid Plan. The caseload was approximately 90 per cent preschool children and 10 per cent adult clients.
Medical laboratory services
758. The Medical Laboratory Licensing Act, 1994 repeals The Medical Laboratory Licensing Act. The new Act:
(a) Requires all medical laboratories to be licensed;
(b) Authorizes the Department of Health to license laboratories on the basis of need and accreditation; and
(c) Authorizes the Department of Health to delegate the responsibility for the development and operation of a quality assurance programme to a person or an association.
Health research legislation
759. The responsibilities of the Saskatchewan Health Research Board were transferred to the Health Services Utilization and Research Commission, and a legislative mandate was provided to the Commission through The Health Research Act.
Health services expenditures and financing
760. As part of the health reform initiative, funding is allocated by Saskatchewan Health to 30 district health boards, using a populationbased funding methodology.
761. District boards have some discretion in allocating financial resources among health sectors within their jurisdiction, provided they adhere to provincially set programme standards and operating standards. The district board mandate currently includes hospital, longterm care, home care, emergency, and selected health education and health promotion services.
762. In total, per capita funding to the district boards represents approximately 60 per cent of all provincial expenditures on health. Remaining expenditures are made directly by the Department of Health as payments to health professionals and individuals for health-related services or goods, such as physician, mental health, public health and addictions services, and prescription drugs.
763. The Hospital Revenue Act requires municipalities to pay an annual Hospital Revenue Tax if they do not support a district health board or a denominational facility. The government pays these funds to the district board used by residents of the municipalities paying the tax.
764. Saskatchewan expenditures on health totalled almost $1.5 billion in 1993/94, representing approximately 30 per cent of general provincial expenditures, up 4 per cent from 1991/92. In 1992/93, expenditures on medical care insurance coverage totalled $301 million.
1/ Saskatchewan Health Vital Statistics Interim Annual Report, 1993. 2/ Vital Statistics preliminary figures 3/ Statistics Canada, Life Tables, Canada and Provinces, 19851987 Cat. no. 84532.
765. In 1994/95, there were approximately 200,000 kindergartentoGrade12 students in 870 schools in Saskatchewan.
766. Education is compulsory from ages 7 to 15 inclusive, and school divisions are required to provide services free of charge to all persons from 6 to 21 years of age.
767. A regulatory system for independent schools is now in place, with a similar system for home-based education. The home-based system is designed to respect parents whose views and beliefs cannot be accommodated in a school setting.
768. Regulations to The Education Act require that school boards provide appropriate services for students with disabilities.
769. Specific Indian and Métis policy and curriculum ensure improved access and success rates for students of Aboriginal ancestry.
770. Saskatchewan has enacted amendments to The Education Act and Regulations to allow members of the French-language minority to establish and operate their own schools, where numbers warrant, in accordance with provisions of section 23 of the Canadian Charter of Rights and Freedoms.
771. Saskatchewan Education, Training and Employment provides financial assistance to all qualified post-secondary students based on need. In addition, the Saskatchewan Student Assistance Plan provides needs-based financial assistance in the form of loans to students, with forgiveness benefits for high-need students.
772. The Special Incentive Plan provides supplementary needs-based loan assistance and remission benefits to eligible students from disadvantaged groups: single parents, Non-status Indian or Métis, and individuals from the North.
773. The Interest Relief Plan provides interest relief and deferred payments for students unable to repay loans due to unemployment, underemployment, illness, disability, pregnancy or other extenuating circumstance.
774. Saskatchewan provides funding in support of The Gabriel Dumont Institute to promote Indian and Métis culture, and The Dumont Technical Institute, to deliver culturally relevant adult basic education and skill training to Métis, Indian and other students.
775. The Saskatchewan Indian Federated College was established to provide university degree programmes. It is managed by the Federation of Saskatchewan Indian Nations and is the only institution of its kind in North America. The Federation of Saskatchewan Indian Nations also manages the Saskatchewan Indian Institute of Technology, which provides skill training for Indian students.
776. The Saskatchewan Urban Native Teacher Education Program, the Northern Teacher Education Program, the Northern Professional Access College, the Northern Training Program, and the Non-status Indian and Métis Program all promote access to education and training for Métis and Indian people in a culturally sensitive environment.
777. Northlands College, the provincial regional college providing postsecondary education and training to northern Saskatchewan, offers firstand secondyear university Arts and Sciences courses, apprenticeship and technical programmes and adult upgrading. The College provides training for the Multi-party Training Plan, a five-year federal-provincial mining industry agreement to deliver training for northern residents.
778. The Northern Training Program helps to fund the development and delivery of employment-directed training for adult northerners through basic skill, pre-employment, apprenticeship and technical training programmes. It helps to fund a resource centre, employment career symposiums, conferences, and workshops on northern agriculture, small business and renewable resources. Financial support for trainees is also provided.
779. The Northern Employment and Employee Development Program, which links training to employment through close liaison with business, promotes greater northern participation in a range of small businesses and the mining service sector. Consultation with business, industry, the public service and municipal governments facilitates the placement of northerners in jobs where they receive individualized training and ongoing job and career counselling. The goal of the Program is to assist northerners to become permanent members of the active work force.
780. In 1984, the Saskatchewan Human Rights Commission identified a serious problem in the delivery of education to Aboriginal students. Studies showed that as many as 93 per cent of Aboriginal students dropped out of school before completing Grade 12. To address this problem, the Commission developed an education equity programme modelled on voluntary employment equity plans. To date, 20 school boards have adopted education equity plans affecting approximately 75,000 students. These plans attempt to address systemic discrimination against Aboriginal students.
781. The Commission has also approved nine education equity plans in postsecondary educational institutions. These plans address equal access to and benefit of education for all four designated groups (women, Aboriginal people, people with disabilities and visible minority people).
782. The education equity plans approved by the Commission require sponsors to provide cross-cultural training to their staff, to include Aboriginal content in their curriculum, and to hire Aboriginal staff (including teachers) as role models for Aboriginal students.
783. Because First Nations and Métis youth are disproportionately represented throughout the Young Offender Program in Saskatchewan, most significantly in custody, the Department of Social Services continues to work with Aboriginal organizations to provide culturally sensitive programmes to youth in custody. Increasingly, they have the opportunity to participate in sweat lodges, consult with elders, attend cultural camps, and take part in traditional activities and ceremonies. Sentencing circles, a traditional Aboriginal approach to dealing with individuals who break the laws of the community, have recently been used in several situations involving youth in conflict with the law.
784. The following will update, to 1995 (and in some cases beyond), the information contained in Canada's second report with respect to Manitoba.
785. As a preliminary note, Manitoba has, since the last report, introduced sustainability as an important consideration to the protection and promotion of economic, social and cultural rights for all persons in Manitoba. This includes ensuring that public expenditures recognize that these rights need to be sustained so that future generations may also enjoy them. In order to ensure that these public expenditures are sustained, a healthy economy, a balanced public budget, and debt reduction efforts may be required.
786. A 1996 reform to the social assistance programme included a measure regarding employment for persons on social assistance. The Employment and Income Assistance Program, administered under The Employment and Income Assistance Act, C.C.S.M. c. E98, took over from the previous Social Allowances Program, which was administered under The Social Allowances Act (formerly C.C.S.M. c. S160). The new programme places an active expectation on single parents who are recipients of social assistance benefits and whose children are six years of age and over to develop an employment plan. The plan includes job searching, with regular reports on the progress of the search.
787. Various employment measures are being phased in as part of the social assistance reforms. They include liaison between the Department of Family Services and the Department of Education and Training, to enable a refocus on employability enhancement programmes. Furthermore, active partnerships with employers may provide employment experience to social assistance recipients. Recipients who are employed may receive benefits from the programme to supplement their earned income as incentives to work.
788. Amendments to the Minimum Wages and Working Conditions Regulation under The Employment Standards Act, C.C.S.M. c. E110, increased the legislated minimum wage in Manitoba from $4.70 an hour to $5.40 an hour during this period.
789. In 1993, The Retail Businesses Holiday Closing Act, C.C.S.M. c. R120, was amended to enable municipalities to adopt by-laws allowing for more liberalized Sunday and holiday shopping. The Employment Standards Act was changed to give employees and retail establishments affected by the by-laws the right to refuse work on a Sunday or holiday.
790. In 1991, new provisions were added to the Construction Industry Safety Regulation, M.R. 189/85, (made pursuant to The Workplace Safety and Health Act, C.C.S.M. c. W210) to require roll-over protective structures on all construction equipment. Phase-in periods, which expired in 1992 and 1993, provided time to retrofit older equipment.
791. Virtually all groups of employees are afforded the rights and protections of The Labour Relations Act, C.C.S.M. c. L10. Every employee has the right to be a member of a union, to participate in the activities of a union, and to participate in the organization of a union. The only persons who may be excluded from a collective bargaining unit are persons employed in a confidential capacity in matters relating to labour relations, or persons who perform in management functions primarily. (Public school teachers are also excluded under the Act, but are afforded similar rights and protections under The Public Schools Act, C.C.S.M. c. P250.) The Labour Relations Act provides extensive protection against acts of anti-union discrimination and against acts of interference with employee rights.
792. Reference has already been made under article 6 with respect to Manitoba's 1996 reforms of employment measures for single parents who are recipients of social assistance benefits under the Employment and Income Assistance Program.
793. Manitoba currently has a dual system for the delivery of social assistance benefits under The Employment and Income Assistance Act, C.C.S.M. c. E98. Under the Employment Assistance Program, Manitoba municipalities are responsible for providing short-term assistance to employable persons, in accordance with provincially determined assistance guidelines. The responsibilities of the provincial government under the programme focus on the longer-term, to provide assistance to single parents and to persons with disabilities.
794. Manitoba is an active participant in federal-provincial-territorial discussions to redefine the roles and responsibilities of the various governments in the funding and providing of social security measures, including vocational rehabilitation, income support for persons with disabilities, and child benefits (the last of which is national in perspective).
795. As indicated in the last report, The Community Child Day Care Standards Act, C.S.S.M. c. C158, continues to provide for the licensing and funding of child day care facilities, certification of child care staff and subsidies to eligible parents. Services are available for families with children up to 12 years of age and, in special cases, over 12 years of age. As of 1996/97, there were 525 centres and 529 homes with a total of 19,895 spaces available for child day care. Day care subsidies were paid to facilities on behalf of approximately 8,350 children during that year.
796. In the last report, it was noted that The Child and Family Services Act, C.C.S.M. c. C80, contained provisions for the placement and protection of children. Placement may be voluntary or may be made by a child and family service agency. Where an agency decides a child is in need of protection, it may enter a home without warrant and take a child to a place of safety, with certain rules for notification to the parents and procedural safeguards. The Act was recently the subject of a major policy review, with the expectation that significant refinements and amendments will be made.
797. In recognition of the need for a protector of the rights and interests of children in Manitoba, the Office of the Children's Advocate was established under an amendment to the Child and Family Services Act, which came into force in May of 1993. The mandate of this Office is threefold: first, to advise the Minister of Family Services on matters relating to the welfare and interests of children either receiving or entitled to receive services under the Act, as well as with respect to the revision and availability of the services to children; second, to respond to and investigate complaints relating to children who are receiving or are entitled to receive services, as well as the provision and availability of services to children; third, to represent the rights, interests, needs and viewpoints of children.
798. On 1 July 1990, The Dependents Relief Act, C.C.S.M. c. D37, replaced The Testators Family Maintenance Act (formerly C.C.S.M. c. T50). The new Act expanded the categories of family members who may seek support from an estate. Added to the categories are: children to whom the deceased acted as a parent, former spouses with support orders/agreements, a wider range of common-law spouses, parents, grandparents, grandchildren, and siblings who were financially dependent on the deceased. The test is now the financial need of the dependent; claims made on the basis of "moral duty" are precluded. The new Act is made binding on the Crown, to ensure that if a person dies intestate with no heirs, persons may still be entitled to seek support.
799. At the same time, The Intestate Succession Act, C.C.S.M. c. I85, replaced The Devolution of Estates Act (formerly C.C.S.M. c. D70). The Act sets forth a new scheme for distributions upon intestacies. Formerly, surviving spouses received the first $50,000 of the estate, plus one-half of the remainder. The remaining half was divided among the deceased's issue. Under the new Act, if all of the issue of the deceased are also the issue of the widow(er), the widow(er) inherits the entire estate. If there are issue who are not also issue of the widow(er), then the issue will share up to 25 per cent of the estate, with the larger portion going to the widow(er).
800. Another change arising from the enactment of The Intestate Succession Act relates to distributions where the intestate deceased without a spouse or issue. Formerly, the scheme was based on a complex formula regarding "degrees of consanguinity". The change makes distribution much simpler. Parents inherit first. Failing that, the issue of the parents inherit. If no such relatives exist, the closest issue of the grandparents inherit, and if none, the closest issue of the great-grandparents. After that, the estate escheats to the Crown. The rules of estate distribution are changed at each generation so that members of the same generation receive equal shares and those of a more remote generation cannot receive a greater share than those of a closer generation (which was formerly possible).
801. In 1992, amendments were made to The Pension Benefits Act, C.C.S.M. c. P32, to enable spouses who have independent legal advice and confirmation of the value of pension credits to opt out of the Act's pension splitting provisions. Formerly, pension splitting was mandatory.
802. Another change to The Pension Benefits Act is that commonlaw spouses who meet certain criteria are entitled to survivor's benefits. An election must be made by the employee commonlaw spouse for the pension splitting provisions to apply. This is consistent with Manitoba's family law policy regarding property rights of commonlaw spouses.
803. A further change to The Pension Benefits Act is the creation of the right of garnishment from pension credits, but in the limited circumstances of default of maintenance payments. Other creditors and the pensioner do not have access to the pension credits. The amendment preserves a spouse's fixed right to a division of the payor's pension benefit credits where the right existed as of the day of service of the garnishing order and the pension administrator was aware of that right.
804. On 15 August 1993, The Homesteads Act, C.C.S.M. c. H80, replaced The Dower Act (formerly C.C.S.M. c. D100). A widow(er) has the right (subject to creditors' claims) to live in the marital home for life, even if the deceased was the sole owner of the property.
805. At the same time as the above change, a new part was added to The Marital Property Act, C.C.S.M. c. M45, dealing with marital property accounting after death. A widow(er) who is dissatisfied with the bequest in the will of the deceased may elect to take instead a fixed share of the estate as prescribed by the Act (usually one half). In effect, the widow(er) is entitled to claim essentially the share to which they would have been entitled in a lifetime marital property accounting. Previously, wealthy testators could essentially "buy" their way out of the Act by leaving certain minimum bequests to the widow(er) (for example a $250,000 lump sum), resulting in the widow(er) receiving less than would have been the case under a marital property accounting on separation.
806. Aside from the above, the changes to The Marital Property Act actually increased testamentary freedom in Manitoba. Previously, the deceased may have had much less freedom upon death to leave assets than he or she may have had during his or her lifetime.
807. The changes to The Marital Property Act were taken into account in The Intestate Succession Act, so that widows and widowers of spouses who die intestate may also make applications for an equalization of marital property after death.
808. In 1992, The Family Maintenance Act, C.C.S.M. c. F20, was amended to allow designated magistrates of the Provincial Court to grant protection orders to abused spouses through a simple process that does not require a lawyer. Penalties were increased for breaching restraining orders.
809. In 1995, among other changes, the maintenance enforcement provisions of The Family Maintenance Act were strengthened to allow the suspension of drivers' licences and motor vehicle registrations of persons who were in default of payment of their maintenance obligations, and to further allow the attachment of pension benefit credits to satisfy those maintenance orders.
810. In 1990, the Family Violence Court (Provincial Court) was established to hear cases of spousal, child and elder abuse. During the period, the Department of Justice adopted a zero-tolerance policy with respect to spousal abuse.
811. Since the last report, the Department of Justice has continued to operate the Maintenance Enforcement Program. It provides an automatic computerized monitoring system of payments, together with automatic enforcement of maintenance orders. There is no legal cost for persons seeking to enforce their maintenance orders through the programme. As of 31 December 1995, 12,548 active accounts were being handled by the programme, and during that year in excess of $35.4 million in maintenance payments was collected.
812. Effective 30 June 1995, the Maintenance Enforcement Program was given the ability to report persons who failed to pay support payments to credit agencies.
813. As already noted, Manitoba's social assistance measures are governed by The Employment and Income Assistance Act, C.C.S.M. c. E98 and The Social Services Administration Act, C.C.S.M. c. S165, under a dual delivery system where municipalities provide short-term assistance to employable persons, and the provincial Government provides longer-term assistance. The Government of Manitoba has recently announced an intention to merge the provincial and municipal social assistance systems in the City of Winnipeg.
814. In 1996/97, Employment and Income Assistance "cases" (a "case" may comprise more than one person) numbered approximately 25,800. Of these the number of cases related to persons with disabilities was approximately 11,900. Municipal assistance cases numbered approximately 17,400. Combined, this represented a drop of approximately 4 per cent from the previous year, with combined expenditures in 1996/97 of approximately $350.1 million.
815. The Department of Family Services offers two income supplement programmes. The first is "Fifty-Five Plus", which is a Manitoba income supplement programme for seniors. The second is "CRISP", the childrelated income supplement programme. Both programmes are administered on the basis of applications, and in accordance with a means test.
816. The period 19901995 saw many reforms to Manitoba's mental health service delivery system. Plans were developed to improve services to each of the province's eight health regions through, essentially, a redirection of existing resources. These plans have now been approved by the Government, and are in various stages of implementation.
817. Collectively, these plans represent a broad-scale redistribution and refocusing of resources away from, primarily, an urban hospital-based system of care to one that emphasizes community-based care in both urban and rural settings. As well, the Government's overall strategy for these reforms represents a significant departure from traditional approaches. It substantially increased planning accountability in regional and community structures. Hundreds of mental health consumers and family members, direct service professionals and community members have been active participants in the planning and implementation of these initiatives.
818. The following itemizes some of the major reform projects under way during this period regarding regional developments:
(a) A total of 65 general adult psychiatric beds have been closed enabling the development of a number of community alternative programmes which are now fully operational;
(b) A Coordination Committee is in place to ensure ongoing cooperation of services, to western Manitoba within the Winnipeg Acute Care and Crisis Response System;
(c) Negotiations are under way between Manitoba Health and the Brandon, Dauphin and Portage General Hospitals for them to assume the acute care function formerly performed by Brandon Mental Health Centre;
(d) Many long-term elderly in-patients have been relocated to personal care homes in the Central and Parklands regions, resulting in the closure of three geriatric wards at the Brandon Mental Health Centre and the transfer of a number of staff to community settings;
(e) Grant funding has been made available at the Society for Depression and Manic Depression, Manitoba Schizophrenia Society and the Society for Disorders Association of Manitoba;
(f) New staffing arrangements have been made with a five-person psychogeriatric assessment team being recruited in Brandon, another psychogeriatric assessment team for Parklands, and nine intensive case managers for four larger rural communities. Planning is under way for community residences and/or supportive housing programmes in Brandon and Parklands as well as for extensive development of community-based case management and employment programming in western regions, with appropriate employment support workers being recruited;
(g) Final plans have been approved for a range of crisis response and support services in another three regions, including an eightbed crisis stabilization unit and a mobile crisis unit in Brandon, a four-bed crisis stabilization unit in Swan River and a safe house facility in Portage la Prairie;
(h) Manitoba Health is working with The Pas Health Complex and Thompson General Hospital on a plan for in-patient services which will result, for the first time, in residents in northern Manitoba having access to a whole spectrum of mental health services. Joint planning is also being done with external agencies to develop services in the area with an anticipated creation of approximately 65 jobs for the Interlake and Eastman regions;
(i) These plans call for development of a wide range of community-based crisis response and support services for the adult and child and adolescent populations;
(j) An eightbed stabilization unit mobile crisis team is now fully operational in Selkirk (delivered by the Salvation Army).
819. A new mission statement has been adopted for the Selkirk Mental Health Centre, effective 28 March 1994. It points to the facility becoming a centre of excellence, focusing on the needs of persons who cannot be accommodated within the community system. An internal reorganization is under way to modernize the Centre's service delivery.
820. A progressive self-help funding policy has been approved by the Government and significant funding increases have been allocated.
821. With respect to professional training for mental health services, projects to improve the skills of mental health professionals are under way. Six family physicians and general practitioners in various (primarily rural) parts of the province who were enrolled in psychiatric training courses have now graduated. The training of psychiatric nursing has been transferred to Brandon University. A rural northern psychology training programme under the management of the Department of Clinical Health Psychology, Faculty of Medicine, University of Manitoba, has been initiated. This will see clinical psychologists in the Norman, Thompson and Interlake/Eastman regions.
822. A public notification campaign was undertaken regarding the possibility of blood transfusions having occurred prior to 1985 where blood may have been contaminated with the human immunodeficiency virus (HIV). Testing was made available to allow those persons to rule out the possibility of infection. At the same time, a provincial AIDS strategy was developed, as an intersectoral and multi-stakeholder initiative.
823. The Department of Heath created the Epidemiology Unit, to improve surveillance and to conduct research and analysis of emerging trends in diseases and health. The Unit has created a series of collaborative epidemiology working groups on such topics as cancer, injuries, infectious and communicable diseases, diabetes and perennial health. These working groups have developed a series of priority areas for research and analysis. Many projects are ongoing.
824. In 1994, the Department of Health created the Public Health Branch. The Branch was designed as an accountability centre for disease prevention and control, and for the promotion of health. The Branch brings together a number of units in three broad areas: Public Health and Epidemiology, Public Health Laboratory, and Emergency Health Services.
825. In 1993, the Department of Health undertook a process to review and redevelop The Public Health Act, C.C.S.M. c. P210. This process is a broadbased, collaborative and intersectoral effort, and will be ongoing for several years.
826. In 1995/96, there were a total of 208,984 students in Manitoba. Provincial expenditures on education amounted to $998,856,500, representing 18 per cent of the provincial budget.
827. In 1995/96, the Department of Education and Training spent $86,713,035 on special education. This includes programmes at the Manitoba School for the Deaf and other support programmes for students with disabilities. The Department also supplies a consultant for English as a Second Language programme, and for heritage languages, multiculturalism, and anti-bias (age, race, gender) education.
828. A variety of languages are used in Manitoba schools. In 1995/96, 5,610 students were enrolled in French as a first language programme, 19,096 students were taking French immersion programmes, and 77,205 students were in the basic French programme. Bilingual programmes in German, Hebrew and Ukrainian had 1,708 students; 4,568 students were enrolled in heritage language courses (e.g. Hebrew, German, Ukrainian, Objibway).
829. General Education Development Testing, referred to in the previous report, assisted Manitobans to obtain high school equivalency diplomas. In 1995, 681 diplomas were issued, and 751 were issued in 1996.
830. The Independent Study programme provides elementary and high school courses to approximately 5,500 Manitobans annually. As well, over 3,000 teachers use their courses as instructional aids in the classroom.
831. Enrolments in adult basic education courses in Manitoba community colleges declined to 682 in 1995/96, and are projected to decline further due to a withdrawal of support from the federal Government, in favour of shift in emphasis to achieving formal secondary training.
832. The Literacy and Continuing Education Branch, which replaced the Adult and Continuing Education Branch, assists in coordinating educational programmes (including literacy programmes) for adults. The Department's literacy initiative has included more than 33 community-based programmes.
833. All Manitoba public post-secondary institutions allow mature student entry, irrespective of formal secondary education, although persons who have not completed formal secondary education may be accepted subject to the condition of completion of preparatory courses.
834. While not 100 per cent free, Manitoba public post-secondary institutions are publicly subsidized. For Manitoba universities in 1995/96, 63 per cent of all revenues originated from provincial grants. For Manitoba community colleges, tuition fees contributed to 10.5 per cent of operating costs, with the balance from provincial grants.
835. In the last report, it was noted that Manitoba was continuing to extend opportunities for post-secondary education and training to persons from groups which historically have been under-represented in post-secondary institutions. Priority consideration in certain programmes is given to low income persons of Aboriginal descent, recent immigrants, and single parents. Programmes include the following: the University of Manitoba ACCESS programme, a special premedical studies programme for native Manitobans, the professional health programme for native Manitobans, the Northern Bachelor of Social Work Program delivered by the University of Manitoba and Brandon University, the Northern Teacher Education Program, community college ACCESS programmes, and the Southern and Northern Nursing Programs delivered by Red River Community College. In 1995/96, programmes developed through these initiatives were serving the needs of 758 students.
836. Manitoba is the jurisdiction in Canada with the third highest percentage of Aboriginal population, after the Northwest Territories and the Yukon Territory (estimated 10.6 per cent of total population). The Aboriginal population is very young, with almost half under the age of 20. Education, including access to higher education, is therefore an important issue to Aboriginal people. 2.9 per cent of university graduates and 6.6 per cent of community college graduates in Manitoba are of Aboriginal descent. Employment rates and earning power of Aboriginal university graduates are on par with, or better than, other graduates. Employment rates are lower for Aboriginal community college graduates, but earnings are the same as other college graduates. Exact enrolment figures are not available (it is a violation of human rights to require people to identify their ethnic origin when applying for admission), but it is estimated that 10 per cent of admissions to higher educational institutions are for Aboriginal persons.
837. The Department of Education and Training has a Native Education Directorate which is responsible for ensuring a corporate approach is taken to Aboriginal education within the Department. The Directorate is also responsible for promoting the removal of systemic barriers to Aboriginal students' success in education and training.
838. Providing quality education to all high school students, including those in northern and remote communities, is being addressed through the establishment of an infrastructure works project. This project supports the sharing of delivery between schools through interactive television and the Internet, and provision of on-line learning resources. The Independent Study Program and Teacher Mediated Program, in the Distance Delivery Unit, provide opportunities for students.
839. The Department of Education and Training's Instructional Resources Unit facilitates the development and implementation of curricula through the provision of learning resources, library services and access to global information. Over 8,000 new acquisitions, including books, video recordings and CD-ROMs, were added to the collection and made available to teachers throughout the province. A substantial number of new bibliographies were developed and distributed, including Resources in the German Language, Parental Involvement, and Black History. Assistance was also provided to the development of the Department's World Wide Web site at <http://www.gov.mb.ca/educate/index.html> where many of the Unit's resources and services are described. A new copyright licensing agreement was signed with Cancopy for the period 19941997 allowing schools to photocopy copyright material, within limits, in exchange for financial compensation to the collective's authors and publishers.
840. The Manitoba Education Research and Learning Information Networks (MERLIN) agency is coordinating the development of an educational network for data and video which will connect schools, colleges and universities. Once operational, the network will be available for use by educational institutions, the Department and other agencies to provide educational material. A collaborative curriculum development project among the four western provinces and two territories has led to the development of curriculum matched for computer software.
841. In 1993, The Public Schools Act, C.C.S.M. c. P250 was amended to create the Francophone School Division. The amendment provided the legislative framework for the establishment of a province-wide minority language school division with responsibility for educational matters for children of Francophone parents. In January 1994, the first elections were held for the governing structures of the Division scolaire franco-manitobaine no 49 (Francophone School Division No. 49). The Division assumed responsibility for the administration of French language programmes for 4,300 students in 20 schools throughout the province.
842. The Department of Culture, Heritage and Citizenship, through the Arts Branch and the Manitoba Arts Council, supports a variety of programmes which enable the citizens of Manitoba to participate in the cultural life of the province.
843. The Arts Branch assists initiatives which provide Manitobans with the opportunity to become involved in arts activities at the community, regional and provincial levels. The Branch's programmes foster and promote access to such opportunities by all Manitobans, including those in rural and remote communities of the province, and those whose artistic endeavours reflect their ethnocultural heritage. The Branch also supports the development of Manitoba's publishing, film, television, sound recording, fine art and crafts industries.
844. The Manitoba Arts Council, through its "Artists in the Schools" programme, provides students and teachers throughout Manitoba with exposure to the arts. Through its assistance to professional Manitoba performing and visual artists organizations, the Council promotes the study, enjoyment, production, and performance of works in the arts.
845. This report updates Ontario's contributions to the second report on articles 6-9 for the period 1 January 1986 to 30 September 1994, and the second report on articles 10-15 for the period 1 January 1990 to 30 September 1994. References in the report to guidelines refer to the revised general guidelines regarding the form and contents of reports to be submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights, and the consolidated guidelines of the reports of States parties.
846. Responses to questions raised by the concluding observations of the Committee on Economic, Social and Cultural Rights in Part D are answered where they relate to issues within provincial jurisdiction in the body of the report, where appropriate.
847. Shortly after the period covered by this report, in June 1995, Ontario elected a new government. As a result, some of the policies, programmes and legislation described in this report have been or will be undergoing review and change. Relevant changes will be set out in subsequent reports, as appropriate.
848. During the reporting period, the Statement of Political Relationship, signed in 1991, was in effect, which addressed the status and self-government of First Nations in Ontario. Though not a legally binding document, the Statement established a government-to-government relationship between First Nations and the Ontario government, and committed both to negotiations for the implementation of the inherent right to self-government.
Women
849. In 1993, 59.5 per cent of women participated in Ontario's labour force, compared with 61.4 per cent in 1990 and 58.1 per cent in 1985. Of the total Ontario labour force, nearly half (46 per cent) were women.
850. In 1994, the unemployment rate for women was 7.2 per cent; in 1993, 9.9 per cent; in 1990, 5.3 per cent and in 1984, it was 9.5 per cent.
851. In 1992, Ontario women working full-time earned an average of 72 per cent of men's average salary, up from 63 per cent in 1981. Approximately one quarter of Ontario women worked part-time. The incidence of involuntary part-time work increased to 31 per cent of female part-time workers in 1993, up from 14 per cent in 1989.
852. In 1993, 85 per cent of Ontario women were employed in the service sector and 17 per cent of women were employed in the trade sector. Twenty-seven per cent of women workers were employed in clerical occupations. Approximately half of those employed in managerial and professional occupations were women. Approximately 80 per cent of the employees in clerical occupations were women. Within the trade sector, 45 per cent of workers were women.
853. Among women, women of colour, Aboriginal women and women with disabilities are the most disadvantaged in terms of employment opportunities and income.
Young persons
854. Information on Ontario youth (15-24 years of age) employment is presented for 1984, 1989 and 1994. Total population in that age group and the information on its labour force participation is given by gender for each of selected years.
855. In 1994, 63.1 per cent of 15 to 24-year-olds participated in the labour force, compared with 73.8 per cent in 1989 and 70.6 per cent in 1984. Unemployment rates for this age group were significantly higher than the rates for the total population. For all three years the youth unemployment rate was more than 1" times the rate for the total population.
856. The rate of participation in the labour force of young men was consistently higher than the participation of young women. The differences in the participation rates for the three selected years were between 3 and 4 percentage points. In 1994, for example, 64.7 per cent of young men participated in the labour force compared with 61.5 per cent of young women.
Older workers
857. The following are the labour force participation rates of workers over 45:
858. Disabled Ontarians were much less likely to be employed than were non-disabled Ontarians. In 1993, 43 per cent of disabled Ontarians were employed, compared with 75 per cent of non-disabled Ontarians. Employment differences between male and female disabled persons were consistent with the trend in the general population.
Training
859. In 1993, 799 secondary schools provided a wide variety of vocational and technical programmes to approximately 708,411 students.
860. Opportunities were provided through grants to school boards for secondary school students to access a variety of technological education programmes. Students could accumulate credits in seven broad-based areas: construction, communication, design, hospitality services, manufacturing, personal services and transportation. They were intended to attract all students, particularly those who did not traditionally select the former skillspecific programmes, e.g. females and the physically challenged. The Secondary School Cooperative Education Program also provided credits for work experience with specified business and industry partners. More than 60,000 students were participating in cooperative education programmes in 1994.
861. Ontario had 25 colleges of applied arts and technology, including 3 created to serve the Franco-Ontarian population. Most were career-oriented, intended to prepare students for employment in their desired fields. Many programmes were created to fill technical and vocational needs identified by employers. They offered full-time and part-time continuing education programmes. Many apprentices also studied the theoretical parts of their programmes at these colleges.
862. Ontario also supported distance-education programmes for adult learners in areas not directly served by colleges. The Contact North network served over 130 northern Ontario communities. The courses combined self-study with audio or video conferencing among students and the teacher. Grants were provided to colleges and universities to encourage them to develop self-study distance-education instructional materials.
863. During the reporting period, Ontario established the Ontario Training and Adjustment Board to guide the development of a highly skilled labour force and to make publicly funded training and adjustment services and programmes more accessible and more responsive to the labour market. This Board was responsible for apprenticeships in the construction, industrial, motive power and service sectors. In 1993/94, there were 54,000 registered apprentices. The Board also provided transition assistance required by employees, companies and communities because of closures and downsizings. It was also involved in partnership with the private sector in providing contract training to business and industry.
864. The Board administered several youth employment programmes to assist young people in finding and maintaining permanent jobs. Some programmes focused on outreach to youth facing systemic barriers to employment.
Equality of opportunity and treatment in employment
865. In September 1994, the Employment Equity Act and regulations came into force in Ontario. Employers were required to survey their workforces to determine the number of designated group members (women, Aboriginal persons, persons with disabilities and racial minorities) in the workplace. Employers were also required to review policies and practices to identify barriers to equity in their workplaces and develop plans to remove these barriers. The plans were to include goals and timetables for making the composition of the various occupational categories of the workforce reflect the representation of the designated groups in the community.
866. In 1982, the Ontario Human Rights Code was amended to proscribe positive discrimination. The Code was also amended at this time to prohibit harassment in employment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status, handicap or sex.
867. In 1986, further amendments were made to the Ontario Human Rights Code. Sexual orientation was added as a prohibited ground for discrimination in employment. The definition of age as it applied to employment discrimination was changed from ages 40-65 to 18-65. The grounds of citizenship, sexual orientation, handicap and family status were added to the provisions respecting discrimination by trade unions. An amendment to include the requirement to accommodate persons with disabilities short of "undue hardship" was made in 1986 and proclaimed in 1988. As well, the provisions allowing for employment equity programmes were expanded to apply to affirmative action in the service sector, in order to assist members of designated groups to gain access to educational and job-training opportunities.
868. In 1995, the Code was amended to create a permanent Board of Inquiry for adjudication under the Code, to introduce a voluntary settlement process, and to expand regulation-making authority to enhance case management. These regulations may include development of timeliness for production of documents, investigation procedures, and criteria governing when to effect settlement.
869. The Access to Professions and Trades Strategy, intended to remove systemic barriers in the certification/licensing process, particularly for professionals accredited outside Ontario, was created in December 1992.
Access to training and employment
870. Equity considerations have influenced the programmes delivered by Ontario colleges. However, data on participation by race, colour, sex, religion and national origin is not currently available.
Distinctions not considered discriminatory
871. Under the Constitution Act, 1867, Roman Catholics in Ontario are guaranteed continuation of the education rights they had by law at the time of Confederation. A condition of the extension of public funding to all grades of the Roman Catholic school system was that 10 years after a Roman Catholic school board had expanded to offer the full secondary school programme, it was required to consider all applicants for employment and promotion in its secondary schools. As of the date of this report, the constitutionality of this requirement is before the courts.
The right to work
872. Amendments in 1987 to the Employment Standards Act included: lengthening the required notice period for most individual terminations; requiring employers to provide employees and the Minister of Labour with basic information about intended mass terminations; establishing the right to termination pay for employees on lengthy temporary layoff; and broadening the scope of the severance pay provisions.
873. Further changes to that statute in 1993 required unions and employers to negotiate towards a labour adjustment plan in cases of closure or layoffs of 50 or more employees; required employers to provide more information to the Ministry of Labour in cases of mass layoffs; and strengthened the provision that the Minister of Labour could require parties to discuss adjustment measures or alternatives to mass layoffs with their workers.
Minimum wages
874. Ontario continued to have the system of minimum wage protection set out in the second report. The following sets out recent developments in the minimum wage in Ontario. In 1985, the minimum wage was $4.00; in 1990, it was $5.40; and in 1994, it was set at $6.70.
875. Average weekly wages, excluding overtime, increased from $403.99 in 1985 to $511.36 in 1990 and $573.32 in 1993 (1994 figures were not available as of the writing of this report).
876. In 1994, there were approximately 5,160,000 paid workers in Ontario. The number of workers excluded from minimum-wage protection cannot be accurately estimated.
Equal pay
877. As reported in the second report, Ontario has had equal pay legislation since 1951. Provisions under the Employment Standards Act require that female employees receive the same rate of pay as male employees for substantially the same work, performed under the same working conditions. Information regarding Ontario's Pay Equity Act, 1987 is found in the report to the ILO on the application of ILO conventions ratified by Canada, dated 1987. Information regarding amendments to the Pay Equity Act is found in the Government of Canada's report on the Equal Remuneration Convention (No. 100) for the period 1 July 1991 to 30 June 1993.
Occupational health and safety
878. Information regarding Ontario's Occupational Health and Safety Act is found in reports on the following ILO conventions: Guarding of Machinery, 1963 (No. 119); Safety and Health in Construction (No. 167); Working Environment (Air Pollution, Noise and Vibration), 1977 (No. 148); Asbestos Convention, 1986 (No. 162); Occupational Health and Safety Convention, 1981 (No. 155); Chemicals Convention, 1990 (No. 170).
879. Information can also be located in the Ontario portion of responses to the following ILO questionnaires: Extension of Labour Inspection to the Non-commercial Sector; Chemical Industry: Working Conditions; Homeworkers: Conditions of Work; Safety and Health in Mines; and Clothing Industry: Working Conditions.
880. Amendments to the Workers' Compensation Act in 1988 provided for fairer benefits to workers who suffered permanent disability; an increase in the level of workers' earnings covered by workers' compensation; the continuation of workers' health, pension and life insurance benefits during the first year following a workplace injury; a requirement that injured workers be actively offered appropriate rehabilitation opportunities; and an obligation on employers to re-hire injured workers once they were capable of returning to work.
881. Amendments to the Workers' Compensation Act in 1994 provided for vocational rehabilitation services and set out the medical information required to be provided regarding the worker's ability to return to work, and mandated the worker's consent to release of the information.
882. An inflation adjustment formula was adopted as the indexing factor to adjust compensation payable under the Workers' Compensation Act. Known as the Friedland formula, it provides for 75 per cent of the Consumer Price Index increase, less 1 per cent (with a cap of 4 per cent).
883. The 1994 amendments also provided for increases in the pensions of older injured workers.
Restrictions on trade union rights
884. Members of police forces can only join trade unions or affiliated organizations if membership is required for secondary activities that do not constitute actual or potential conflict with the member's job or interfere with or adversely affect the performance of the member's duties. Consent of the chief of police is required for membership. However, the majority of members of police forces can engage in bargaining, conciliation and arbitration through a bargaining committee or association. Members of police forces were not permitted to withhold their services.
885. Full-time firefighters are not prohibited from joining a trade union but they are not governed by the Ontario Labour Relations Act. The Fire Departments Act sets out the procedures and rights for bargaining in the case of full-time firefighters. Matters still in dispute after bargaining sessions with the trade union are referred to a board of arbitration for determination. While there is no express right to strike, neither is there an express prohibition. Any strike would be governed by the common law and subject to judicial determination.
886. Further information on article 8 can be found in the Ontario portion of Canada's most recent report regarding the ILO Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87).
Social security
887. Ontario provided "Family Benefits" as a Social Security provision as a province in Canada. The following table reflects the numbers and statistics with regard to persons in financial need and who are in receipt of Family Benefits or General Welfare Assistance (GWA) in the categories noted. The most recent figures are provided for the 1994/95 fiscal year ending 31 March 1995.
Note: General Welfare Assistance (GWA) is short term, delivered primarily by the municipalities and First Nation communities. Ontario costshares 80 per cent for the basic allowances and benefits.
888. Ontario provided a number of benefits in addition to the monthly financial allowance such as:
(a) Basic coverage for prescription drugs, prescription eyeglasses, hearing aids and dental care;
(b) Extra funds for children starting back to school;
(c) Adult recipients could access the "Supports to Employment Program" (STEP) calculations which provided for the retention of earned income/training allowances and deductions for certain employment expenses such as child care;
(d) Child care was subsidized for employees on social assistance and low income;
(e) Counselling was available to assist recipients to access training and employment;
(f) A "Start Up Benefit" for appropriate clothing and shoes, etc. was available to assist a recipient when starting a job;
(g) A monthly "comfort" allowance was provided to indigent persons in longterm hospital stays plus a "Community Start Up Benefit" when they left hospital/halfway house;
(h) Subsidized housing was often available for recipients.
Social security and women
889. The Pension Benefits Act, 1987 and subsequent regulations and amendments provided greater protection for surviving spouses, and made a number of amendments to pension provisions to increase access by women to pension coverage. In 1989, 37 per cent of women in Ontario were covered by private pension plans, compared with 51 per cent of men.
890. Pensions are more prevalent in unionized settings, among higher-income earners in larger firms and in the following sectors: public, manufacturing, transportation, communications, utilities. The gap in pension coverage for women was partly attributable to their concentration in lower income categories where coverage was low for both men and women. Women make up the majority of part-time workers, and part-time workers were less likely to have pension or other benefits. Women's lower earnings also result in less discretionary income to put towards private retirement savings.
Changes in rights to Social Security
891. As of 1 January 1995, there were 1,324,000 persons in Ontario who were the beneficiaries of social assistance, including spouses and children. Social assistance rates increased in the period from 1989 to 1994, despite government-wide cost reduction.
Response to the concerns of the Committee on Economic, Social and Cultural Rights in the concluding observations, Part D
(i) Regarding the existence of poverty in Canada and the lack of substantial progress in reducing poverty over the past decade
892. It is the government's goal to reform the welfare system into an active, mandatory work for welfare programme focused on getting people back to work. The government's commitment includes an investment in new and innovative programmes to help people become independent. The government is committed to programmes such as "Workfare" and "Learnfare" to link welfare with work and education, as well as special programmes for children in need. The government's work for welfare programme will help to alleviate poverty by helping parents and young people on social assistance break their dependency on welfare and become self-sufficient.
893. Ontario's welfare offices are currently being reoriented toward connecting recipients with work or training leading to employment. In addition, the province continues to provide support programmes and services for people on social assistance with specialized employment needs, to help them find work and get the skills they need to move into the workforce.
894. Social assistance rates are above the national average, and recipients can earn more money at part-time jobs and still receive assistance. The government is further enhancing support and services to employment by restructuring existing programmes and creating more cost-effective models to help people get back to work.
895. In addition, Ontario is also developing a guaranteed support plan for seniors and persons with disabilities. This will take seniors and persons with disabilities out of the welfare system and will meet their needs and protect their benefits through a separate programme. The guaranteed support plan will serve clients better through automation and a comprehensive application process that eliminates unnecessary retesting once the client is on the programme.
(ii) Regarding poverty among single mothers and children
896. The province continues to commit significant resources to services for the promotion of the health and well-being of single mothers and children.
897. In addition to the reform of the social assistance system referred to above, the government of Ontario committed up to $5 million this year in start-up funding for a provincial child nutrition initiative. This funding will be used to help parents and groups set up or expand local nutrition programmes.
898. Other supports to children in need include coverage for dental care, vision care and some prescribed drugs. Additional supports include back to school allowances, winter clothing allowances and allowances for special diets, where required.
899. The government is committed to developing a childcare system that offers quality and affordable childcare choices for parents. As part of the 1996/97 budget, there are plans to increase the investment in child care by a total of $200 million over the next five years. Starting this year, Ontario will spend up to $600 million on child care – the highest level in the history of the province.
900. Childcare fee subsidies are available to low-income single mothers who qualify for assistance to allow them to return to school, undertake job training, or work to achieve economic independence. While fee subsidy assistance is not an entitlement programme, single mothers are a priority group for service.
901. Also, the province continues to spend $61.9 million for essential services for women who are victims of violence including supportive counselling to assist women to access resources in their community such as educational and employment opportunities, helping with parental issues, assisting with financial planning on a reduced budget and advocating for women. These programmes continue to assist parents to become independent and in turn serve as positive role models for their children.
(iii) Regarding families forced to relinquish their children to foster care because of inability to provide adequate housing or other necessities
902. Lack of adequate housing is not included in Ontario's legislative definition of a child in need of protection. Some children who are apprehended due to protection concerns (e.g. physical, sexual and/or emotional abuse, abandonment) may also be living in situations characterized by a lack of housing or other necessities; however, the protection concerns would prompt the apprehension.
903. Should families seek a foster care placement for reasons related to lack of housing or other necessities, the children's aid society would work with the parents to access resources that would enable the family to stay together (e.g. emergency housing, better budgeting, financial management skills, charitable organizations, etc.) or enable the children to remain within the extended family (grandparents, aunts, uncles) or community (friends, neighbour, teacher) among care givers who are known to them.
(iv) Regarding the absence of a plan for people on social assistance to receive a minimum income that puts them above the poverty line
904. Social assistance rates are calculated to meet the basic needs of individuals and families in Ontario. On average, Ontario rates are 10 per cent higher than those of other provinces. An allowance is calculated based on individual circumstances to meet the basic food, clothing and shelter needs of recipients.
905. No statistical data have been compiled to compare current social assistance rates with Canadian poverty standards. The Government is committed to ensuring that people in need receive adequate benefits and encourages recipients to work by allowing earnings exemptions under the Supports to Employment Program, including higher exemptions for families with children.
Age of majority
906. The Ontario Human Rights Code provides protection for persons over the age of 18, and also provides for the right of persons between the ages of 16 and 18 who have withdrawn from parental control to contract for necessities.
907. Under the Ontario Child and Family Services Act (CFSA), a child is "a person under the age of eighteen years".
908. However, Part III of the CFSA, which deals with child protection, stipulates that a child "who is actually or apparently sixteen years of age or older" is not covered by Part III "unless the child is the subject of an order under this part". In other words, for protection purposes, a child was no longer a child after the age of 16.
909. Under Part IV of the CFSA providing for responsibility for young offenders, a "young person" is a child who is 12 years of age or more but under 16 years of age. Young offenders between the ages of 16 and 18 are dealt with by the Ministry of the Solicitor General and Correctional Services under separate legislation.
910. Other legislation in Ontario sets some other age limits for a "child" where appropriate (for example, the right to obtain a driver's license is limited to those over age 16, and the right to drink alcoholic beverages, purchase tobacco, or enter casinos is limited to those over age 19).
Families
911. The Day Nurseries Act, most recently amended in 1990, establishes certain standards for the operation of day nurseries.
912. A day nursery is a facility where children are temporarily cared for, while parents work, study or seek employment. Day nurseries are not mandated programmes, and they operate in a marketdriven system. Some communities have many day nurseries, while others have none.
913. Standards of care are enforced through the licensing of operators of day nurseries. Licensed operators are inspected annually to ensure compliance with the legislation and with any conditions attached to their licence. Failure to comply may result in revocation of a licence.
914. The Day Nurseries Act permits payment of fee subsidies to parents of children not of common parentage deemed to be "in need". Fee subsidy levels are set by regulation on the basis of approved budgets and within existing finances. Fee subsidies are delivered through municipalities and are dependent on cost-sharing agreements and availability of funds. Subsidies are provided on the basis of a "needs test" but eligibility does not guarantee accessibility.
915. The impetus for the past few years has been to encourage the development of inclusive child care programmes. Children who were physically or developmentally handicapped could participate equally in child care programmes. Subsidies endeavour to ensure that children are not denied child care due to parents' financial difficulties, and parents are needs tested to determine eligibility for fee subsidies.
916. The Family Support Plan Act, 1992, replaced the Support and Custody Orders Enforcement Act of 1987. The Family Support Plan, a government office, was established to ensure that noncustodial parents recognized and fulfilled their support obligations to their families so as to maintain the well-being and quality of life of their children. In fiscal year 1994/95, the Family Support Plan collected $367 million in support obligations, including $45 million returned to the Treasury for funds previously paid out to families as social assistance.
917. Between 2 July 1987 and 30 September 1994, $519.1 million were collected and disbursed to support recipients under the two legislative schemes.
918. 1990 amendments to the Employment Standards Act increased pregnancy and parental leave to provide 18 weeks of unpaid parental leave to each working parent to care for newborn or newly adopted children, in addition to the 17week pregnancy leave for mothers. The qualifying period was reduced from 1 year and 11 weeks to 13 weeks. The employer was required to make employer contributions to benefit plans. Seniority continues to accrue during these leaves and, following the leave, the employee has the right to be reinstated to the same position if it exists, or to a comparable position if it does not.
919. In addition, the Public Service Act provides public servants with supplementary financial benefits during maternity leave.
Regarding protection of children in need
920. Children can be apprehended by children's aid societies if they are in need of protection. The Child and Family Services Act defines a child in need of protection as follows:
(a) The child has suffered physical harm, inflicted by the person having charge of the child or caused by that person's failure to care and provide for or supervise and protect the child adequately;
(b) There is substantial risk that the child will suffer physical harm as described in clause (a);
(c) The child has been sexually molested or sexually exploited by the person having charge of the child or by another person, where the person having charge of the child knows or should know of the possibility of sexual molestation or exploitation and fails to protect the child;
(d) There is substantial risk that the child will be sexually molested or exploited as described in clause (c);
(e) The child requires medical treatment to cure, prevent or alleviate physical harm or suffering, and the child's parent or the person having charge of the child does not provide, or refuses or is unavailable to consent to the treatment;
(f) The child has suffered emotional harm, demonstrated by severe anxiety, depression, withdrawal, or self-destructive or aggressive behaviour, and the child's parent or person having charge of the child does not provide, or refuses or is unavailable or unable to consent to services or treatment to remedy or alleviate the harm;
(g) There is substantial risk that the child will suffer emotional harm of the kind described in clause (f), and the child's parent or person having charge of the child does not provide, or refuses or is unavailable or unable to consent to services or treatment to prevent the harm;
(h) The child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child's development, and the child's parent or person having charge of the child does not provide, or refuses or is unavailable or unable to consent to treatment or alleviate the condition;
(i) The child has been abandoned, the child's parent has died or is unavailable to exercise his or her custodial rights over the child and has not made adequate provision for the child's care and custody, or the child is in a residential placement and the parent refuses or is unable or unwilling to resume the child's care and custody;
(j) The child is less than 12 years old and has killed or seriously injured another person or caused serious property damage to another person's property; services or treatment are necessary to prevent a recurrence and the child's parent or person having charge of the child does not provide, or refuses or is unavailable or unable to consent to those services or treatment;
(k) The child is less than 12 years old and has on more than one occasion injured another person or caused loss or damage to another person's property, with the encouragement of the person having charge of the child or because of that person's failure or inability to supervise the child adequately;
(l) The child's parent is unable to care for the child and the child is brought before the court with the parent's consent and, where the child is 12 years of age or older, the child's consent to be dealt with under the child protection provisions of the Child and Family Services Act.
921. Should any of the above circumstances apply, the children's aid society investigating the matter need not necessarily take the child into care, either voluntarily or by court order. There are a number of other options that can be considered, given the individual circumstances of the child and family, such as supervision by the children's aid society, while the child remains in the home; provision of intensive support services to the family; placement of a home maker within the home; and counselling/therapy.
922. Where the agency has reasonable grounds to believe that protection of the child requires removal of the child from the family home, this can be done without the parents' permission. However, if the parents do not subsequently agree to residential care of their own accord, the children's aid society must take the matter to court for a formal hearing. If the child is found by the court to be in need of protection, the court will make an order transferring care and custody to the children's aid society.
923. Parents could decide to voluntarily relinquish care of their children in any of the situations described above.
924. Other circumstances that may prompt a temporary relinquishment could include the following: the child needs a residential form of treatment/care which the parent is unable to provide/access; the parent is having serious difficulty managing the child's behaviour at home and it is determined that a residential placement would be in the best interest of all concerned; parents are unable to care for their children for a period of time due to ill health, alcohol or drug addiction, conflict with the law or unemployment.
925. Parents may also voluntarily relinquish their child on a permanent basis, if they make the decision to give the child up for adoption. The factors behind such a decision are diverse, but may include the young age of the birth parent, an acknowledgement that the birth parent is not ready/capable of parenting a child, and concern for the best interests of the child.
926. Child welfare services are provided by 55 children's aid societies, five of which are designated as Aboriginal Societies. In 1995, there were 27,199 cases of protection and prevention (non-residential) and 9,976 cases of children in care (residential).
927. The Ontario Association of Children's Aid Societies reported the following information for 1994 (information from the five Aboriginal Societies is not included in these statistics):
18,650 children were served;
9,111 children were admitted to care;
72 per cent of children were in care as a result of a court order;
55.4 per cent of children in care were placed in foster homes;
43.1 per cent of children in care were Crown wards (relationships with parents permanently terminated);
at any one time: 40 per cent of cases are open to intake and assessment; 17 per cent of cases are receiving voluntary services; 43 per cent of cases are receiving protection services.
Housing expenses
928. In 1993, 29.4 per cent (393,400) of Ontario tenant households paid more than 30 per cent of their household income on rent.
Waiting lists for accommodation
929. As of 31 December 1994 (three months beyond the period covered by this report), there were over 65,245 applicants on the waiting list in Ontario for public housing. Public housing is defined as housing funded and run directly by federal or provincial governments. Statistics are not available on the number of people on waiting lists for private non-profit housing and cooperative housing units.
930. Victims of family abuse were given priority access to public and nonprofit housing providers. In addition, providers had the option of giving priority to other applicants who were in urgent need of housing.
931. Ontario unilaterally funded over 30,000 units of non-profit housing between 1990 and 30 September 1994. As well, Ontario introduced policies and legislation to increase the number of affordable private-market housing units across the province and to improve access to those units by prospective tenants.
Housing tenure
932. Based on the 1991 Census, and estimated to 31 December 1993, the following information is available for the reporting period: total households in Ontario: 3.84 million (100 per cent); owners: 2.43 million (63.3 per cent); renters: 1.41 million (36.7 per cent).
933. As of 31 March 1994 (6 months beyond the end of this reporting period), 1,155,000 (81.9 per cent) of renters were in privatemarket buildings and 255,000 (18.1 per cent) of renters were in social housing – 84,000 in public housing, 130,000 in non-profit housing and 41,000 in other forms of assisted housing.
Legislation concerning the rights of tenants
934. Several statutes provided for matters relating to residential tenancies. As reported in the second report, Part IV of the Landlord and Tenant Act provides residential tenants with security of tenure. A landlord cannot terminate a tenancy unless there is "statutory cause". The Act also provides for ratification of termination in writing, a mandatory period of notice and access to dispute resolution in the courts. In 1994, the Act was amended to apply to residese communities and to extend to these residents the same rights of security of tenure and protection from eviction in the Act.
935. The Act was further amended to extend its application to residents of nursing homes to provide for the same security of tenure, protection from arbitrary evictions, protection from excessive rent increases, mechanisms to ensure residences were maintained in a good state of repair, and protection from demolition or conversion of a care home to another use.
936. In 1991, the Mortgages Act was amended to grant tenants protection under the Landlord and Tenant Act, where a property owner had defaulted on a mortgage. Mortgage holders can no longer arbitrarily evict tenants from properties that have been repossessed as a result of a mortgage default.
937. Amendments to the Rental Housing Protection Act in 1994 provided for the security of tenure of tenants by requiring owners of rental accommodation to obtain the approval of municipal council before conversion of a rental property to a non-rental use.
938. The Rent Control Act of 1992 was designed to protect tenants from unjustifiable rent increases and ensure that landlords had sufficient funds to maintain and repair their buildings. Under the Act, a rent control guideline is calculated each year based on the rate of inflation. Landlords can apply to a specialized tribunal for increases above the guideline in specific circumstances. The legislation provides for tenants to apply to have rent reduced under specific conditions.
Building codes
939. The Building Code Act (BCA) and the Ontario Building Code (OBC) set out detailed specifications and minimum requirements for the design and construction of all buildings after 1974. The OBC is the set of regulations created under the BCA. Both were amended in 1993 to prescribe minimum safety standards for the creation/renovation of apartments in houses.
940. Under the Rent Control Act discussed above, tenants can apply to have their rent reduced if it is determined that their building had not been kept up to local property standards by-laws or prescribed provincial maintenance or health and safety standards. In addition, the Act gives powers to issue work orders against landlords of residential buildings which are not in compliance with the regulated Maintenance Standards in the Act. These standards apply in Ontario municipalities that do not have local property standards by-laws.
Legislation prohibiting discrimination in housing
941. The prohibition against discrimination in housing because of receipt of public assistance was added to the Ontario Human Rights Code in 1982. Although the Code generally protects only those over the age of 18, in accommodation the Code protects individuals between the ages of 16 and 18 if they have withdrawn from parental control. The Code also prohibits harassment by landlords, agents of landlords, or other occupants on a number of grounds, including: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, marital status, family status, handicap, receipt of public assistance and sex. In 1986, the Ontario Human Rights Code was amended to extend the protection against discrimination in accommodation on the basis of sexual orientation.
Protection for those living in the "illegal" sector
942. The Residents' Rights Act, 1994 included provisions addressing concerns of tenants living in second units in single family homes which were prohibited by municipal zoning by-laws. These tenants may have been aware of health and safety deficiencies in their units, but were reluctant to complain for fear that they would be evicted by landlords, or by municipal officials.
Environmental planning and health in housing
943. A "Statement of Environment Values" was issued by the Ministry of Municipal Affairs and Housing in 1994 under the Ontario Environmental Bill of Rights, 1994. The Statement sets out the following objectives:
(a) Promoting energy efficiency and water conservation in new and existing buildings;
(b) Promoting a more efficient use of land and public resources (including infrastructure and natural resources) in residential development, including development of government lands suitable for housing;
(c) Undertaking reduction, re-use and recycling within the Ministry's internal operations, and facilitating reduction, re-use and recycling through building regulation;
(d) Promoting efficient use of land and public resources, including infrastructure and natural resources;
(e) Promoting remediation strategies that integrate environmental and socio-economic considerations, and that reflect landowner responsibility, where sites suitable for residential development are contaminated; and
(f) Respecting environmental qualities of proposed residential sites.
944. Amendments to the Building Code Act made in 1990 and to the Ontario Building Code in 1993 promoted increased energy conservation in houses.
Local housing services
945. During the reporting period, Ontario undertook consultations with communities concerning non-profit and cooperative housing, and established new policies for access and resident involvement. Non-profit rental housing in Ontario was developed and operated with government assistance and run on a non-profit basis by community-based, non-profit housing groups which owned it. These local groups included private and municipal non-profit corporations, non-profit cooperatives, charitable institutions (e.g. church groups) and affinity groups.
946. JobsOntario Homes, a non-profit programme, provided government funding to community-based organizations to develop non-profit housing. Two thousand units from the JobsOntario Homes programme were allocated for housing for Aboriginal persons. The Aboriginal component of the programme was designed after extensive consultations with Native groups across the province.
947. The Community Partners programme provided approximately $7.4 million in funding annually to approximately 100 organizations. They operated services to help people find affordable and adequate housing, organize tenant associations and federations, conduct community education activities on people's housing rights and responsibilities, conduct leadership training, carry out advocacy for housing improvements, and undertake special projects on pressing housing topics.
Affordable housing
948. Several Ontario programmes provided funding for new non-profit rental units. These government-funded units were designed for needy people with housing problems such as (i) paying more than 30 per cent of their income on rent; (ii) living in overcrowded housing; and (iii) living in housing in need of major repair.
949. The Innovative Housing Project was designed to encourage community-based groups to build affordable ownership homes in the private sector. During the reporting period the Government established a $50 million fund to help moderate and lower-income individuals and families (who had been unable to access conventional financing) buy homes through community-based non-profit initiatives.
Underutilized land
950. Surplus Ontario government land was made available during the reporting period to accommodate a range of housing types, including non-profit housing and affordable housing.
State financial information
951. Housing-related expenditures by the Ontario government in 1993/94 were slightly under $3.8 billion. This represented 7.1 per cent of the Ontario budget (operating and capital expenditures) of $53.48 billion in 1993/94. This figure does not include housing-related expenditures of $621 million by the federal Government in Ontario. Of the $3.8 billion, $854 million were spent directly on social housing. Ontario spent an additional $2.34 billion on shelter allowances for low-income households. An estimated $500 million in property tax credits were also given to low-income households.
Homelessness
952. The numbers of homeless people are not collected, although estimates are put forward by various advocacy groups and service providers. Because of differing interpretations of who is homeless and the mobility of many of those people, there is no reliable estimate of the number of homeless people in the province.
953. The primary service provided for people who are homeless is the hostel system funded by social assistance.
954. Most large and medium-sized communities have agreements with agencies to provide emergency and long-term shelter and basic needs to homeless people, with the costs paid out of General Welfare. Costs are shared, with the municipality paying 20 per cent and the province paying 80 per cent. There are approximately 9,000 hostel beds in Ontario, at a total cost of approximately $68 million in 1994/95.
955. Hostel clients only need to show that they are in need as determined by the social assistance system. Hostel clients include single men and women, families, youth, women and children, and elderly people who do not need nursing care.
956. People without a fixed address are eligible for social assistance. With identification, homeless people are eligible for many government benefits including health care, social assistance, and drug and dental benefits.
957. In 1990, 60 per cent of Ontarians surveyed considered their health to be good or excellent. However, the self-ratings of health status varied across age groupings, household income and education. Nearly one in four Ontarians aged 65 and over rated their health as only fair or poor when they compared their health to that of other people their own age. Twenty-one per cent of those with lower household income and 23 per cent of those with primary education or less rated their health to be fair or poor. Nearly two out of three persons experienced one or more health problems in the previous year, but the majority of these problems appeared to last less than two weeks and did not result in lasting impairments or disabilities.
958. From 1990 to 1992, the age-standardized mortality rate of Ontarians dropped from 535 deaths per 100,000 population in 1990 to 500 in 1992. Males had a higher mortality rate than females. Neoplasms, ischemic heart disease and respiratory illness were the main causes of death. The mortality rates of neoplasms decreased from 148 deaths per 100,000 in 1990 to 142 in 1992; ischemic heart disease from 124 in 1990 to 114 in 1992; and respiratory illness from 41 in 1990 to 38 in 1992. Standard morbidity ratios also decreased from 115.30 hospital separations per 1,000 population in 1990 to 110.17 in 1992, with circulatory, respiratory and digestive diseases, childbirth and neoplasms the main causes of hospitalization. Similarly, the infant mortality rate also dropped from 6.27 deaths per 1,000 live births in 1990 to 5.88 in 1992. Life expectancy for all Ontarians is 76.34 years at birth and 4.46 at age 90 and over. Although mortality and morbidity rates decreased from 1990 to 1992, the number of potential years of life lost had increased from 366,726 in 1990 to 371,838 in 1992. Premature mortality due to neoplasms, accidents and heart disease contributed to 60 per cent of the total potential years of life lost in 1990 and 63 per cent in 1992.
959. In 1990, 19 per cent of Ontarians between 15 and 64 years of age surveyed had at least one mental disorder within the past year. The lateadolescent and young-adult group is especially affected by mental disorder with almost one quarter of this age group having at least one mental disorder in the past year. The prevalence rates of mental disorders in general are similar for men and women, 13 per cent and 15 per cent respectively. Among women, the most common conditions are anxiety disorders and affective disorders, while substance-abuse disorders and antisocial behaviour are more common among men. The survey also found 2 per cent of Ontarians with severe mental illness. They were persons who had a diagnosis of mental disorder, had evidence of disability, and were admitted to hospital for treatment due to mental health problems.
960. In Ontario, the suicide rate for men was 14.09 per 100,000 population in 1990 and 14.82 in 1992, compared with 4.31 in 1990 and 3.91 in 1992 for women.
Access to safe water
961. As of 30 September 1994, out of a provincial population of approximately 10.15 million, 8.5 million were served by municipal/"piped" water. The remaining 1.65 million were on private supplies. Many of these were tested by the province, in particular for bacteriological contamination. Ontario has Drinking Water Objectives developed through the federal-provincial process, as well as Ontario's own initiatives.
Access to sewage treatment
962. As of 30 September 1994, approximately 80 per cent of Ontarians had access to sewage treatment facilities through communal plants. The remaining 20 per cent had access to individual systems such as septic tank systems and pit privies.
Infants immunized
963. Ontario provides vaccines against diphtheria, pertussis, tetanus, poliomyelitis and Haemophilus influenzae disease free of charge for infants. Immunization rates for children under 1 year of age during the reporting period are not available. Measles, mumps and rubella vaccine was not administered until after the first birthday. Vaccine against tuberculosis was not routinely administered in Ontario.
964. Immunization rates are available for children entering school and are known for 2-year-old children based on survey data. However, data for 2yearolds are not available for the period indicated nor could they be disaggregated by urban/rural or by sex.
Access to trained personnel by pregnant women
965. Boards of Health are required, under the Mandatory Health Programs and Services Guidelines, to provide early pregnancy prenatal classes, individual assessment, counselling and referral to early prenatal medical care and to ensure that health programmes and services are accessible to all. Some women, however, have not accessed those services for reasons such as distance to the service, lack of transportation, language, cultural reasons, etc.
Access of infants to trained personnel
966. Because almost all deliveries are attended by trained personnel (e.g. physician, midwife or nurse), almost all infants would have access to trained personnel for care. As well, under the Mandatory Health Programs and Services Guidelines, Boards of Health are required to provide or ensure the provision of health education to parents. This may include postnatal home visits as soon as possible but no later than four weeks after the infant's discharge from hospital.
Groups whose health situation is significantly worse than that of the majority of the population
967. Children's mental health falls within the mandate of the Ministry of Community and Social Services. The Ontario Child Health Study, a provincewide survey of the psychiatric health of children aged 4 to 16 was conducted in 1983. The results of this study are still widely considered relevant today.
968. The study found that some groups of children are considered at risk for different forms of childhood problems. Among the risk indicators, one-parent family was the most common, followed by social assistance and subsidized housing. These risk indicators were strongly associated with each other. For instance, the rate of social assistance in one-parent families was 41.1 per cent, while the rate of social assistance in two-parent families was 2.2 per cent. Similarly, 50 per cent of children in subsidized housing were living in families on social assistance.
969. The study also found that children in urban areas were significantly more likely to have one or more disorders than children in rural areas. Welfare was 1.7 times as frequent, single parenting was more than twice as frequent, and virtually all subsidized housing is in urban settings. The highest prevalence was found in the predominantly urban central and southwest regions.
Measures to improve the physical and mental health situation of vulnerable and disadvantaged groups
970. In Ontario, a variety of children's mental health services are designed to alleviate a range of emotional, behavioural and psychiatric problems experienced by children and their families. Some of these services involve planned interventions based on multidisciplinary professional approaches, and others are provided under the supervision of a psychiatrist.
971. Ontario also funded a range of community-based services for children at risk including infant development services, support and residential services to teen mothers, parent relief programmes, family service workers, and community and/or family resource centres. These prevention programmes were designed to intervene before problems arose.
972. During the reporting period, Ontario investigated a model of prevention known as "Better Beginnings, Better Futures". This model is designed to prevent poor child development and focuses on children aged 0-8 years, at risk of emotional, behavioural, social, physical and cognitive problems. The model was demonstrated in seven disadvantaged urban neighbourhoods and five First Nations communities, reaching over 4,000 families with young children. A project to meet the specific needs of Francophone children in the city of Cornwall was included in the pilot projects.
973. The Government of Ontario recently announced its intention to commit $10 million annually to support expectant mothers and families with children under six years of age, especially those who would otherwise be at risk.
Infant mortality
974. Objectives under the Mandatory Health Programs and Services Guidelines, Reproductive Health Section, include:
(a) Reducing the perinatal mortality rate to 6 per 1,000 births by the year 2000;
(b) Reducing the low birthweight rate (under 2,500 g) to 4 per cent by the year 2000;
(c) Increasing the percentage of planned pregnancies;
(d) Increasing the practice of behaviours conducive to a healthy pregnancy in people of reproductive age.
975. Boards of Health provide health promotion programmes that contributed to preconceptional health, early pregnancy prenatal education classes, individual assessment, counselling and referral to early prenatal medical care.
Environmental and industrial hygiene
976. Measures to improve environmental and industrial hygiene taken during the reporting period include:
(a) Clean Water Regulations, developed under the Municipal Industrial Strategy for Abatement, provide significant reductions in discharges of conventional parameters and toxic substances;
(b) Creation of the Ontario Clean Water Agency to work with municipal and private-sector partners to promote water conservation and upgrade water and sewer infrastructure. A government investment of $350 million was announced for new water and sewage works;
(c) Development of a process of watershed management to ensure that the decisions and activities of institutional infrastructure are made within an enhanced ecological context;
(d) A successful programme to reduce emission from four major Ontario sources of sulphur dioxide and meeting targets set by the Canada/U.S. Air Quality Agreement for sulphur dioxide and nitrogen oxide emissions from each electric utility unit greater than 25 MW;
(e) Regulations to prohibit or control ozone-depleting substances;
(f) The involvement of Ontario residents in environmental decision-making through the Environmental Bill of Rights in 1994. This Act provided for a process of public participation in environmentally significant decisions made by the Government, increased access to the courts by members of the public for the protection of the environment, enhanced protection for employees who took action with respect to environmental harm and increased accountability for environmental decision-making. The Intervenor Funding Project Act, 1989, also provided for funding of public interest intervenors in hearings before boards assessing environmental and energyrelated matters;
(g) Waste management legislation and programmes that reduced the disposal of contaminants into the environment, including mandatory municipal recycling and composting activities, and enhanced powers to make regulations for waste reduction, reuse and recycling. Ontario achieved its goal of 25 per cent waste reduction in 1992 compared with a 1987 base year. Its goal is 50 per cent diversion of waste by the year 2000;
(h) Designating the Niagara Escarpment as an International Biosphere Reserve;
(i) Increasing penalties for polluters.