UNITED NATIONS E Economic and Social Council D istr. GENERAL E/1982/3/Add.34 15 November 1985 ENGLISH ORIGINAL; ENGLISH/FRENCH First regular session of 1986 IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS In it ia l reports submitted by States parties to the Covenant concerning rights covered by articles 13 to 15, in accordance with the third stage o f the programme established by the Economic and Social (Council in its resolution 1988 (LX) CANADA (7 May 1985] CONTENTS Paragraphs Page GENERAL INTRODUCTION ............................................................................... 1 - 9 3 I. MEASURES ADOPTED BY THE GOVERNMENT OF CANADA ........................ 10 - 221 5 I I . MEASURES ADOPTED BY THE GOVERNMENTS OF THE PROVINCES* ........ 222 - 1386 45 Alberta ............................................................................................... 222 -- 333 45 B ritish Colombia ............................................................................... 334 -- 417 63 Prince Edward Island 418 -- 502 76 Manitoba ................................................... 503 -- 641 88 * French alphabetical order. 85-32958 1784-85u, 1789-90u (E) /. E/1982/3/Add.34 English Page 2 CONTENTS (continued) P a ra g ra ^ s Page New Brunswick ............................................................................. 642 - 731 114 Nova Scotia .................................................................................. 732 - 806 127 Ontario .......................................................................................... 807 - 936 139 Quebec ........................................................................................... 937 - 1153 163 Saskatchewan.................................................................................. 1154 -- 13361336 194 Newfoundland ............................................................................. 1337 - 1386 221 I I I . MEASURES ADOPTED BY THE GOVERNMENTS OP THE TERRITORIES . 13871387 -- 15191519 229 Northwest T e rrito rie s .................................................................. 1387 -- 14271427 229 Yukon ............................................................................................. 1428 - 1519 236 E/1982/3/Add.34 English Page 3 GENERAL INTRODUCTION A. Contents o f the report 1. This report deals with the implementation of articles 13 to 15 of the International Covenant on Economic, Social and Cultural Rights, in accordance with the provisions o f a rtic le s 16 and 17 o f the Covenant and the programme adopted by the Econcxnic and Social Council. The general guidelines adopted by the Council and submitted by the Secretary-General served as a basis for its preparation. The headings of those guidelines are generally used for the various sections in a summarized form. 2. The principal texts of law and other documents discussed in this report will be transmitted to the Secretary-General as reference material. B. The Canadian constitutional system 1. Constitutional distribution of powers 3. Within the Canadian Confederation, le g is la tiv e powers are exercised by the Parliament of Canada and provincial legislatures according to the distribution of powers set forth in the Constitution Act, 1867 (formerly known as the British North America Act, 1867) and the amendments thereto. Pursuant to a delegation o f powers to the Territories by the federal Parliament, the two territorial assemblies also exercise legislative authority in certain areas. 4. In regard to the area of education, which is the subject of a rtic le s 13 and 14 of the Covenant, section 93 of the Constitution Act, 1867 provides that "in and for each province the legislature may exclusively make laws in relation to education", subject to certain qualifications in regard to denominational schools or separate or dissentient schools. 5. The Government o f Canada also assumes scxne re sp o n sib ilitie s in the area of education, notably with regard to the Indian people, in relation to whom it has jurisdiction by virtue of section 91 (24) of the Constitution Act, 1867 which gives the Parliament of Canada exclusive authority to legislate in favour of Indians and lands reserved for Indians. The Government of Canada also contributes to the financing of education within the provinces as will be explained later on in the present report. 6. The federal and provincial governments, and the territorial governments, assume responsibilities with regard to culture and science which are the object of a r tic le 15 o f the Covenant. Even i f the Constitution does not contain e x p lic it references to cultural and scientific activities, it is generally recognized that these responsibilities are shared between the federal and provincial governments. Some areas are under provincial jurisdiction, for example, licences in order to the raisin g o f a revenue for p ro vin c ial, lo c a l, or municipal purposes (s. 9 2 (9 )), local works and undertakings (s. 92(10)), property and civil rights in the province (s. 92(13)), and, generally, all matters of a merely local or private nature in the /... E/1982/3/Add.34 E nglish Page 4 province (s. 92(16)). Other areas are under federal jurisdiction, for example, the census and statistics (s. 91(6)), weights and measures (s. 91(17)), patents of invention and discovery (s. 91(22)), copyrights (s. 91(23)), and works and undertakings extending beyond the lim its o f a province or which are for the general advantage of Canada or of more than one province (s. 92(10)). Traditionally, the federal and provincial governments have shared re sp o n sib ilitie s with regard to culture and science, as can be seen in the present report. 2. Constitutional protection of rights 7. On 17 J ^ ril 1982, the Canadian Charter o f Rights and Freedoms came into force as Part I of the Constitution Act, 1982. The Charter provides constitutional guarantees respecting fundamental freedoms, democratic rights, mobility rights, le g a l righ ts, the rights relating to the two o f f i c i a l languages o f Canada, and minority language education rights. It also contains a guarantee of equality rights to come into effect on 17 April 1985. 8. The rights and freedoms referred to in the Charter are guaranteed equally to men and women. The Charter must be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canada. Part II of the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada. 9. The provisions of the Charter were explained in Canada's initial report on a r tic le s 10 to 12 o f the Covenant (E/1980/6/Add.32) as w ell as in Canada's sixth report on the International Convention on the Elimination of All Forms of Racial Discrimination (CERD/C/76/Add.6 and 7) and in Canada's supplementary report on the application o f the provisions o f the International Covenant on C iv il and P o lit ic a l Rights (CCPR/C/l/Add.62). /... E/1982/3/Add.34 English Page 5 I. MEASURES ADOPTED BY THE GOVERNMENT OF CANADA Comments on a rtic le s 1 to 5 10. The comments made on a rtic le s 1 to 5 in Canada's report on a r tic le s 10 to 12 o f the Covenant (E/1980/6/Add.32) remain generally v a lid . In reporting on the rights covered by articles 13 to 15, attention will be given to the matters dealt with in those a r tic le s . At the outset the following should be noted. 11. The Canadian Human Rights Act, discussed in previous reports, was amended in 1983. The Act as adopted in 1977 prohibited discrimination in employment and in the provision of goods, services and accommodation on the following grounds; race, national or ethnic origin, colour, religion, age, sex, marital status, conviction for which a pardon has been granted and, in matters related to employment, physical handicap. 12. The 1983 amendments broadened the protection against discrim ination. The prohibition of discrim ination on the basis o f physical handicap, which previously applied only to matters related to employment, now also applies to the provision of goods, services and accommodation. Discrimination is now also prohibited, in employment and in the provision of goods, services and accommodation, on the basis of mental d is a b ility as well as on the basis of previous or existin g dependence on alcohol or a drug. The revised Act authorizes the Government of Canada to set standards for access to services, facilities and premises by persons with disabilities, and it permits the Canadian Human Rights Commission to approve plans drawn up by employers and those who o ffe r goods, services and accommodation to adapt their services, facilities and premises to the needs o f persons with d is a b ilit ie s . 13. In addition, the Act now expressly prohibits harassment on any o f the prohibited grounds, including sexual harassment, as well as discrimination based on family status, pregnancy or childbirth. It specifies that all persons subject to a co lle c tiv e agreement, whether or not they are members of the union, are protected from discrim ination on the part o f the union organization, and prohibits discriminatory practices on the part of organizations of employers as well as by employers acting in their individual capacity. 14. With regard to article 3 (equal rights of men and women), in addition to the information provided in the report on articles 10 to 12, reference can be made to Canada's f i r s t report under the Convention on the Elimination o f A ll Forms of Discrimination against Women (CEDAW/C/5/Add.16), which was submitted in June 1983. ARTICLE 13: RIGHT TO EDUCATION 15. Under Canada's Constitution education is a provincial responsibility. However, the Government o f Canada has resp o n sibility fo r the education o f Indians residing on reservations or Crown land, children of military personnel stationed on Crown land or abroad, and inmates of federal penitentiaries. The Government of Canada is also involved in education, particularly through the provision of /... E/1982/3/Add.34 English Page 6 financial assistance to the provinces and to educational institutions.