E/C.12/CAN/5
page 133
UNITEDNATIONS / E
/ Economic and Social
Council / Distr.
GENERAL
E/C.12/CAN/5
30 August 2005
ENGLISH
Original: ENGLISH and FRENCH
Substantive session of 2006
IMPLEMENTATION OF THE INTERNATIONAL COVENANTON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Fifth periodic reports submitted by States parties under articles 16 and 17 of the Covenant
CANADA[*] [**] [***]
[17 August 2005]
CONTENTS
Page
Index of Articles 3
List of acronyms 6
Part I - INTRODUCTION 8
Part II - MEASURES ADOPTED BY THE GOVERNMENT OF CANADA 21
Part III - MEASURES ADOPTED BY THE GOVERNMENTS OF THE
PROVINCES* 37
British Columbia 37
Alberta 43
Saskatchewan 50
Manitoba 57
Ontario 65
Québec 73
New Brunswick 84
Nova Scotia 88
Prince Edward Island 95
Newfoundland and Labrador 101
Part IV - MEASURES ADOPTED BY THE GOVERNMENTS OF THE
TERRITORIES[*] 107
Yukon 107
Northwest Territories 111
Nunavut 114
Appendix - Review of Jurisprudence 118
Index of Articles
Page
Article 2: Rights specifically subject to non-discrimination provisions
Alberta 44
Government of Canada 22
Manitoba 57
New Brunswick 84
Newfoundland and Labrador 101
Northwest Territories 112
Nova Scotia 88
Nunavut 114
Prince Edward Island 95
Québec 73
Saskatchewan 51
Article 3: Equal rights of women and men
British Columbia 37
Government of Canada 23
Manitoba 57
New Brunswick 85
Newfoundland and Labrador 101
Northwest Territories 112
Nova Scotia 88
Nunavut 114
Ontario 65
Prince Edward Island 95
Québec 74
Saskatchewan 51
Article 6: Right to work
Alberta 44
British Columbia 37
Government of Canada 23
Manitoba 58
New Brunswick 85
Newfoundland and Labrador 101
Nova Scotia 88
Nunavut 115
Ontario 65
Prince Edward Island 96
Québec 75
Saskatchewan 51
Yukon 107
Index of Articles (continued)
Page
Article 8: Trade union rights
Québec 77
Article 9: Right to social security
Alberta 44
British Columbia 38
Government of Canada 26
Manitoba 59
New Brunswick 85
Newfoundland and Labrador 103
Nova Scotia 90
Nunavut 115
Ontario 67
Prince Edward Island 96
Québec 77
Saskatchewan 53
Yukon 108
Article 10: Protection of the family, mother and child
Alberta 45
British Columbia 39
Government of Canada 27
Manitoba 60
New Brunswick 86
Newfoundland and Labrador 104
Northwest Territories 112
Nova Scotia 91
Ontario 68
Prince Edward Island 97
Québec 78
Saskatchewan 53
Yukon 109
Article 11: Right to an adequate standard of living
Alberta 48
British Columbia 40
Government of Canada 29
Manitoba 61
New Brunswick 88
Index of Articles (continued)
Page
Article 11 (cont’d)
Newfoundland and Labrador 105
Northwest Territories 113
Nova Scotia 92
Nunavut 116
Ontario 70
Prince Edward Island 99
Québec 80
Saskatchewan 55
Yukon 110
Article 12: Right to physical and mental health
Alberta 49
British Columbia 41
Government of Canada 33
Manitoba 62
Newfoundland and Labrador 106
Northwest Territories 114
Nova Scotia 93
Nunavut 116
Ontario 71
Prince Edward Island 99
Québec 81
Saskatchewan 56
Yukon 110
Article 13: Right to education
Alberta 50
Government of Canada 36
Manitoba 64
Newfoundland and Labrador 107
Nova Scotia 95
Ontario 72
Québec 83
Article 15: Right to participate in cultural life and benefit from scientific progress
and the protection of authors’ rights
Government of Canada 36
Manitoba 64
Northwest Territories 114
List of acronyms
AHRDS / Aboriginal Human Resources Development StrategyAHTF / Aboriginal Health Transition Fund
ALC / Adult Learning Centre
ALI / Aboriginal Languages Initiative
ASD / Autism Spectrum Disorder
BC / British Columbia
BCFB / British Columbia Family Bonus
BSE / Bovine Spongiform Encephalopathy/Mad Cow Disease
CCTB / Canada Child Tax Benefit
CCP / Court Challenges Program
CEDAW / International Convention on the Elimination of All Forms of Discrimination against Women
CHT / Canada Health Transfer
CHST / Canada Health and Social Transfer
CIDA / Canadian International Development Agency
CIHR / Canadian Institute of Health Research
CMHC / Canada Mortgage and Housing Corporation
CST / Canada Social Transfer
EBSM / Employment Benefits and Support Measures
ECD / Early Childhood Development
EE / Employment Equity
EEPMP / Employment Equity Positive Measures Program
ELI / Early Literacy Initiative
ESA / Employment Standards Act
FAE / Fetal Alcohol Effects
FAS / Fetal Alcohol Syndrome
FASD / Fetal Alcohol Spectrum Disorder
FPT / Federal-Provincial-Territorial
FVI / Family Violence Initiative
GDP / Gross Domestic Product
GN / Government of Nunavut
GNWT / Government of the Northwest Territories
HRSDC / Human Resources and Skills Development Canada
HRT / Health Reform Transfer
H&SS / Health and Social Services (Nunavut)
ICESCR / International Covenant on Economic, Social and Cultural Rights
IESA / Income and Employment Supports Act
IRPA / Immigration and Refugee Protection Act
KDFN / Kwanlin Dün First Nation
KRF / Kids Recreation Fund
LICOs / Low-income cut-offs
LMAPD / Labour Market Agreements for Persons with Disabilities
MCSS / Ministry of Community and Social Services (Ontario)
MCP / Management Compensation Plan
MHR / Ministry of Human Resources (British Columbia)
MIKE / Measuring and Improving Kid’s Environments
MOHLTC / Ministry of Health and Long-Term Care (Ontario)
NCB / National Child Benefit
NCBS / National Child Benefit Supplement
NGO / Non-governmental organization
NHI / National Housing Initiative
NLCA / Nunavut Land Claims Agreement
NLCB / Newfoundland and Labrador Child Benefit
NS / Nova Scotia
NWT / Northwest Territories
OCCS / Ontario Child Care Supplement for Working Families
ODA / Ontarians with Disabilities Act
ODARA / Ontario Domestic Assault Risk Assessment
ODSP / Ontario Disability Support Program
OECD / Organisation for Economic Co-operation and Development
OSC / Out of School Care
PEI / Prince Edward Island
PWA / Parental Wage Assistance
QPIP / Québec Parental Insurance Plan
RN(NP) / Registered Nurse (Nurse Practitioner)
RRAP / Residential Rehabilitation Assistance Program
RSV / Respiratory syncitial virus
SARS / Severe Acute Respiratory Syndrome
SCPI / Supporting Communities Partnership Initiative
SDP / Social Development Priority
SEP / Shelter Enhancement Program
SUFA / Social Union Framework Agreement
TAQ / Tribunal administratif du Québec
TFF / Territorial Formula Financing
TSA / Territorial Supplemental Allowance
YES / Youth Employment Strategy
Part I
Introduction
1. The present report outlines key measures adopted in Canada from September 1999 to December 2004 (with occasional references to developments of special interest that have occurred since) to enhance its implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
2. In order to improve the timeliness and relevance of reporting to UN treaty bodies, effort has been taken to keep this report concise and focused on selected key issues where there are significant new developments and where information is not already provided within reports under other conventions to which Canada is a party. Where detailed information is available in other reports, these reports are referred to but, with few exceptions, the information is not repeated in this report.
3. The key areas addressed in this report are as follows: social policy issues, employment, poverty, homelessness, health care, disability issues, early childhood development and child care, and family violence.
4. These issues were identified for inclusion through the Continuing Committee of Officials on Human Rights, the principal federal-provincial-territorial body responsible for intergovernmental consultations and information sharing on the ratification and implementation of international human rights treaties.
5. The views of non-governmental organizations were also sought with respect to the issues to be covered in this update report. More than 200 NGOs were invited to provide their views; the following organizations responded to this invitation: Canadian Federation of Students, Disability Rights Promotion International, La Ligue des droits et libertés, KAIROS - the Aboriginal Rights Committee and the Canadian Social Development Program, and the National Anti-Poverty Organization. The issues identified by NGOs included: access to and funding for post-secondary education, measures to ensure the equal and effective enjoyment of economic, social and cultural rights by Canadians with disabilities, employment, social security, poverty, health, housing and homelessness.
6. Information on jurisprudence of relevance is in the Appendix of the present report.
7. The following statistical and reference documents are being submitted with the present report:
· A Profile of Disability in Canada, 2001 - Participation and Activity Limitation Survey;
· Aboriginal Peoples Survey 2001 - initial findings: Well-being of the non-reserve Aboriginal Population;
· Ethnic Diversity Survey: portrait of a multicultural society (2002);
· Three Year Review: Social Union Framework Agreement (SUFA), June 2003;
· Women and Men in Canada: A Statistical Glance - 2003 Edition;
· The 2004 Government of Canada report on Advancing the Inclusion of Persons with Disabilities;
· Evaluation of the National Child Benefit Initiative: Synthesis Report, February 2005;
· Canada at a glance: 2005.
8. The Concluding Observations of the Committee on Economic, Social and Cultural Rights and Canada’s previous reports were provided to all federal departments and provincial and territorial governments. Canada’s reports are available to the public on the Web site of the Department of Canadian Heritage at http://www.pch.gc.ca/progs/pdp-hrp/docs/index_e.cfm.
9. Detailed information about the implementation of human rights in Canada and Canadianfederalism can be found in Canada’s Fourth Report on the ICESCR (http://www.pch.gc.ca/progs/pdp-hrp/docs/cesc_e.cfm), as well as Canada’s Core Document (http://www.pch.gc.ca/progs/pdp-hrp/docs/core_e.cfm).
The Canadian economy
10. Overall, the Canadian economy performed solidly, with sustained economic growth, low and stable inflation and interest rates, and improved resilience to economic shocks.
11. The Canadian economy grew 2.8 percent in 2004, up from two percent in 2003, as robust growth in domestic consumers’ incomes allowed them to increase their purchases of Canadian goods. Exports of commodities, such as energy and base metals, have also increased strongly. These two positive factors have helped offset the negative impact of the sharp rise in the Canadian dollar since the end of 2002 on Canada’s exports of manufactured goods.
12. As outlined in Canada’s Fourth Report under this Covenant, the federal, provincial and territorial governments introduced measures in the mid- to late-1990s to eliminate the deficits recorded and to bring their fiscal situations under control in order to ensure the long-term sustainability of Canada’s economy and social programs. While governments were subsequently able to begin reinvesting in social programming to varying degrees, the rising costs of social programs continued to put fiscal pressure on provinces and territories despite the austerity measures implemented over the past decade.
13. Canada’s federal budgetary surplus was $9.1 billion in 2003-2004, marking the seventh consecutive year of balanced budgets or better. A balanced budget or better is expected for 2004-2005. The federal debt has declined by over $61 billion over the last eight years. This debt reduction, coupled with Canada’s strong economic growth, has resulted in a significant decline in the federal debt-to-GDP (Gross Domestic Product) ratio, from its peak of 68.4 percent in 19951996 to an expected 38.8 percent in 2004-2005.
14. After recording small deficits in 2002-2003 and 2003-2004, the overall fiscal situation ofthe provinces and territories is expected to continue to improve in 2004-2005. All but fourofthe13 provincial and territorial jurisdictions are expected to be in balance or better in20042005.
15. According to estimates of the Organisation for Economic Co-operation and Development (OECD), on a total government basis, Canada was the only G-7 country to post a surplus in 2002 (0.3 per cent of GDP), 2003 (0.6 percent of GDP) and 2004 (1.3 percent of GDP), and is the only one expected to do so both in 2005 and 2006. Canada’s total government sector has also achieved the sharpest decline in the debt burden among G7countries since the mid-1990s. According to the OECD, Canada had the lowest debt burden of the G-7 in 2003 and 2004 and this is expected to continue for the next two years. The OECD estimates that Canada’s net financial liabilities fell to 32.2 percent of GDP in 2004, down from 69.3 percent in 1995.
Employment
16. There were 1.2 million unemployed people in Canada during 2004. That number has declined from the 1.6 million peak registered in 1993.
17. Employment in Canada has been on the rise:
· A total of 283,000 new jobs (1.8 percent growth) were created in 2003. However, job growth was slower than 2002, when 585,000 new jobs were created (3.9 percent growth). A series of economic shocks (e.g. SARS, BSE, forest fires in B.C and the Ontario electricity blackout) and the rapid appreciation of the Canadian dollar against the U.S. dollar, had a negative impact on the Canadian economy and labour market;
· In 2004, employment increased by 226,000 (1.4 percent growth). Canada’s labour market may be a little stronger than these data suggest. Full-time work grew twopercent to account for all new jobs in 2004, while part-time employment fell. Furthermore, both the employment (62.7 percent) and participation rates (67.6percent) are at record levels as the economy nears its sustainable rate of output and employment growth.
Federal transfers to provinces and territories
18. In Canada, provincial and territorial governments provide and fund health and social programs and services. The Government of Canada provides fiscal transfers to provincial and territorial governments on an ongoing basis to pay a portion of the costs of these programs and services. Significant developments pertaining to health and social programs are documented in the respective provincial and territorial sections of this report. This section updates information in the Introduction to Canada’s Fourth Report on the International Covenant on Economic, Social and Cultural Rights regarding transfer payments.
19. Transfers are provided by way of four major programs: Equalization, Territorial Formula Financing (TFF), the Canada Health Transfer and the Canada Social Transfer. There are also a number of targeted transfers: Health Reform Transfer, Wait Times Reduction Transfer, Diagnostic and Medical Equipment Fund, etc.
20. Through Equalization and Territorial Formula Financing, the Government of Canada provides support to eligible provinces and the three territories to ensure comparable levels of services to their citizens (e.g. health care, social assistance, social services and education).
21. In October 2004, Canada’s First Ministers[1] agreed to change both Equalization and TFF. The new framework:
· Ensures a total minimum payment of $10 billion for Equalization and of $1.9 billion for TFF for 2004-2005;