OEA/Ser - Organization of American States
[Pages:78]
INTER-AMERICAN COMMISSION OF WOMEN
THIRTY-FIFTH ASSEMBLY OF DELEGATES OEA/Ser.L/II.2.35
November 3 to 5, 2010 CIM/doc.35/10
Mexico D.F., Mexico 14 October 2010
Original: Textual
NATIONAL REPORT: CANADA
(Item 2) on the agenda)
Canada’s Report to the Thirty-Fifth Assembly of Delegates
The 2008-2010 Biennial Work Plan of the
Inter-American Commission on Women
This report provides an overview of Canadian initiatives undertaken to promote the status of women since the 2008 Assembly of Delegates of the Inter-American Commission of Women (CIM) of the Organization of American States (OAS).
I. GENERAL ASPECTS
Canada remains committed to advancing the equality of women through the improvement of their economic and social conditions and their participation in democratic life. Canada is comprised of ten provinces and three territories. Under Canada’s constitutional division of powers, jurisdiction over policies and programs which advance women’s equality is shared by the federal and provincial-territorial levels of government.
Women and girls account for almost 51% of the population in Canada (17 million compared to 16.7 million men and boys). General trends show sustained improvements in aspects of women’s lives such as educational achievements and labour force participation. However, challenges remain in key areas. While overall crime rates in Canada have declined, women continue to be disproportionately the victims of certain types of crime including criminal harassment and spousal abuse. Some groups of women face particular challenges – for example, Aboriginal women and immigrant women have disproportionate rates of low income.
Legal, political and socio-economic situation
Canada has a strong legal foundation for gender equality in its Charter of Rights and Freedoms. The federal, provincial and territorial governments have also adopted human rights legislation prohibiting various forms of discrimination, including gender-based discrimination.
Canada continues to be strongly influenced by the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and presented its combined 6th and 7th Reports to the CEDAW Committee in Geneva, Switzerland on October 22, 2008 followed by an interim report in February 2010. Canada also remains committed to the Beijing Declaration and Platform for Action and continues to work actively within the United Nations system, including at the UN General Assembly (GA), the UN Human Rights Council, and the UN Commission on the Status of Women (UNCSW).
II. IMPLEMENTATION OF THE CIM BIENNIAL WORKPLAN (2008-2010)
a) Gender-based violence
Canada continues to be committed to the long-term reduction of the occurrence of all forms of gender-based violence, including child maltreatment, intimate partner violence and sexual exploitation against women and girls. The Government of Canada addresses such issues in part through the Family Violence Initiative (FVI). The Public Health Agency of Canada leads and coordinates the FVI, a horizontal collaboration of 15 federal departments, agencies and Crown corporations. The FVI aims to reduce the occurrence of family violence in Canada by raising awareness of the issue; strengthening the capacity of the justice, housing and health systems to respond; and engaging in data collection and research to identify promising and effective practices. The FVI also works collaboratively with researchers and international bodies, such as the World Health Organization (WHO), to prevent and address family violence.
Canada recognizes that certain groups of women may be at increased risk of experiencing violence and abuse. Canada supported the Native Women’s Association of Canada’s (NWAC) Sisters in Spirit initiative, a five-year initiative (2005-2010) which aimed to quantify the extent of violence against Aboriginal women, identifying root causes, and making recommendations to improve programs and services aimed at eliminating racial and gender-based violence. Under this initiative, NWAC published several reports on statistics and trends in gender violence. Building on the success of the Sisters in Spirit initiative, and as a first initiative in addressing the findings, Canada is funding Evidence to Action, this project will strengthen the abilities of 2,500 Aboriginal women and girls across Canada to recognize and respond to issues of gender-based violence within their families and communities. It will also strengthen the ability of communities to break the cycle of violence.
The Government of Canada and the provinces and territories collaborate through the Federal-Provincial-Territorial (F-P/T) Working Group on Missing Women to consider the effective identification, investigation and prosecution of cases involving serial killers who target persons living a high risk lifestyle, including but not limited to the sex trade. A second F-P/T Working Group, one on Aboriginal Justice, is examining victimization in Aboriginal communities resulting from disproportionately high levels of family and interpersonal violence, which is also highly relevant to the issue of missing and murdered Aboriginal women. The two Working Groups share information related to common themes.
The First Nations Family Violence Prevention Program provides operational funding for a network of 36 shelters and supports approximately 350 community-based prevention projects for First Nations women, children and families resident on reserve. In June 2007, it announced new investments totaling $55.65 million over five years to support the existing network of shelters and the construction and operation of five new shelters. In 2007, the Government of Canada made a long-term commitment to urban Aboriginal issues by investing $68.5 million over five years to promote self-reliance and to increase life choices for Aboriginal peoples in key centers across Canada.
The Government of Canada through SWC also committed $479,798 to NWAC for a 32-month project from October 2007 to May 2010, for a Violence Prevention Toolkit. The project trains 200 youth and youth councils across Canada to deliver workshops to sensitize and equip another 1,000 Aboriginal youth to deal with all forms of violence that Aboriginal girls face in their communities. Participants used the toolkit to address their security needs and concerns regarding domestic violence and its impact, as well as date violence, sexual assault, emotional abuse and bullying.
Budget 2010 announced the investment of $10 million over two years to address the disturbingly high number of missing and murdered Aboriginal women. Concrete actions will be taken to ensure that law enforcement and the justice system meet the needs of Aboriginal women and their families. The Minister of Justice will announce details in the coming months. In addition, in 2009-2010 Status of Women Canada approved $1.5 million over three years for projects to end violence against Aboriginal women.
One of the most common frustrations reported by victims of crime is that they feel excluded from the Canadian justice system. Budget 2006 announced the Federal Victims Strategy, which enhanced programming, and created the Federal Ombudsman for Victims of Crime. Building on this investment, Budget 2010 provided funding of $6.6 million over two years to enhance support for victims of crime, including providing facilitated access to EI sickness benefits for eligible workers who have lost a family member as a result of a crime.
In 2008-2009, a total of 46 initiatives addressing the issue of violence against women were approved for funding under the Women’s Program of Status of Women Canada, for a total amount of over $6.6 million over three years. In 2009-2010, a total of 38 initiatives addressing the issue of violence against women were approved for funding under the Women's Community Fund for a total amount of over $7.1 million over three years.
Convention of Belém do Pará
Although active in its development, Canada is not a party to the Convention of Belém do Pará. Canada continues to address violence against women and girls both domestically and internationally and has ratified a number of relevant international treaties, including the CEDAW and its Optional Protocol.
b) Gender and HIV
Canada's domestic and international response to HIV/AIDS is comprehensive, evidence-based, and built on a foundation of the respect for human rights, gender equality, anti-stigma and anti-discrimination of key vulnerable populations. Canada also recognizes the particular factors and conditions which place women and girls at risk of HIV/AIDS. The Public Health Agency of Canada (PHAC) estimated that in 2008 women accounted for 22% of people living with HIV (PHA) and 26% of all new infections in Canada. While the annual number of positive HIV tests among women has fluctuated slightly over the last decade, it is not declining. The proportion of pregnant women diagnosed with HIV who received antiretroviral treatment to prevent the transmission of HIV to their babies increased from 60% (1997) to 87.8% (2008) and the proportion of infants perinatally exposed to HIV and confirmed infected decreased from 9.3% (2000) to 1.7% (2008).
The Federal Initiative to Address HIV in Canada includes a number of activities and programs targeting HIV prevention, diagnosis, treatment, care and support for women:
- the development of a Status Report on Women and HIV/AIDS in partnership with experts and women affected by HIV/AIDS to guide future policy, program and research priorities;
- the development of national guidelines for HIV testing and counseling;
- funds for projects led by community-based organizations to promote awareness and deliver local prevention, care and support services to women living with, or at risk for, HIV/AIDS; and
- in Canada, voluntary HIV testing is available in all provinces and territories as part of a comprehensive approach to prenatal care.
In 2010, as President of the G-8, Canada championed the new Maternal Child Health Initiative at the Muskoka Summit Canada making maternal, newborn and child health a critical element of its new priority of securing the future of children and youth as a step towards achieving Millennium Development Goals 4 and 5 (maternal and child health) and elements of 1 (health systems) and 6 (HIV, malaria and infectious diseases). This Initiative includes elements such as: antenatal care; attended childbirth; post-partum care; sexual and reproductive health care and services, including voluntary family planning; health education; treatment and prevention of diseases, including infectious diseases; prevention of mother-to-child (vertical) transmission of HIV; immunizations; basic nutrition; and relevant actions in the field of safe drinking water and sanitation.
Canada will continue to invest in research and partnerships to build the evidence base and inform policies and programs to most effectively meet the needs of people living with, and at risk of, HIV.
c) Gender and Migration
Canada recognizes the need to integrate gender considerations in the development of migration policies, including those related to the protection of migrant workers and responding to human trafficking and smuggling. Citizenship and Immigration Canada (CIC) also has a dedicated Gender-Based Analysis Unit, which serves as a centre of expertise and supports Canada’s commitment to incorporating gender and diversity analysis into its immigration policies and programs. Canada continues to promote the protection of the rights of migrants, particularly women and children. The Canadian legal system provides protection for the human rights of all persons in Canada, regardless of their immigration status. Federal and provincial labor standards also apply to all workers in the same industry.
The Government of Canada continues to support the needs of immigrants and refugees in Canada. CIC’s settlement program assists these women and men with overcoming challenges specific to the newcomer experience (e.g. lack of official language skills and limited knowledge of Canada) so that they can participate in the social, cultural, civic and economic life of Canada. The program accomplishes this goal by providing language learning services for newcomers, community and employment bridging services, settlement information, and support services that facilitate access to settlement programming (like child minding services for parents).
In April 2010, Canada implemented changes to its Live-In Caregiver Program, which provides foreign caregivers, the majority of whom are women, with the opportunity to apply for permanent resident status after completing two years of caregiving employment. These changes improve worker protections and increase the flexibility of requirements to qualify for permanent residence. More information on these improvements can be found at: .
d) Gender and Natural Disasters
Canada works with key international and regional partners in the Americas to ensure that gender issues are appropriately addressed in disaster management strategies and programs. For example, after the earthquake in Haiti in January 2010, Canada, through the Canadian International Development Agency (CIDA), provided support to the United Nations Populations Fund (UNFPA) to ensure that multi-sectoral services, such as health care, legal assistance and psychosocial support, are in place for women and girls at increased risk of gender-based violence.
III. IMPLEMENTATION OF THE INTRA-AMERICAN PROGRAM AND STRATEGIC PLAN OF ACTION OF THE CIM
The Eradication of Poverty
The Government of Canada (GoC) takes a long-term approach to addressing poverty, which emphasizes providing Canadians with the skills and opportunities to work towards self-sufficiency, and fostering the economic conditions to enable Canadians to support their families. Canada also recognizes that some groups are particularly vulnerable to experiencing low income.
The Old Age Security (OAS) program, including the Guaranteed Income Supplement (GIS) for low-income seniors, provides Canadian seniors with a minimum income guarantee. In 2009-2010, the GoC provided $35.6 billion in monthly benefits through the OAS to 4.6 million seniors aged 65 and over, including $7.7 billion in GIS payments to 1.6 million seniors. According to Statistics Canada’s Low Income Cut-Off measure (LICO), the percentage of senior women living in low income has fallen significantly (from 26.7% in 1980 to 6.0% in 2007), including among those particularly vulnerable such as the unattached women (from 57.1% in 1980 to 14.3% in 2007).
The GoC provides about $14 billion in benefits for families with children through the Canada Child Tax Benefit (CCTB). This includes the National Child Benefit (NCB) Supplement for low-income families, the Universal Child Care Benefit (UCCB), which pays $100 per month to all families for each child under the age of 6, and the Child Tax Credit (CTC), which provides tax relief to parents. Budget 2010 announced changes of interest to low-income families: improved taxation of the UCCB to ensure that single-parent families receive tax treatment comparable to that of two-parent families; allowing parents with joint custody to split their monthly child benefits throughout the year; and allowing parents with joint custody to each receive one-half of the annual child component of the GST/HST credit, paid to them quarterly. The NCB prevented an estimated 144,500 children from living in low income (2005).
Budget 2009 doubled the Working Income Tax Benefit (WITB) to $1.1 billion, which makes work more rewarding for low- and modest-income Canadians. In its first year, nearly one million working Canadians are estimated to have benefited from the WITB, a slight majority of whom are women.
Education
In Canada, the education system falls under provincial-territorial jurisdiction. The Government of Canada provides interest-free loans to pos-secondary students, grants for students in low-income families, grants targeted to students with dependents, a loan-forgiveness benefit, as well as grants directed to offset the extra costs incurred by students with permanent disabilities. Provinces and territories are also major collaborative partners in delivering financial assistance to students in their jurisdictions.
In the past few decades, Canadian women have taken remarkable strides forward in educational attainment. The proportion of women in the 25-64 age group with completed post-secondary education has increased from 51% in 1999 to 62% in 2009. In 2006-07, women accounted for approximately 55% of college enrollments. And, in 2007-08 women comprised approximately 57.5% of undergraduate university students, 55% of the graduate students, and 46% of PhD students.
In 2009-10, Canada Student Loans and Grants assisted over 400,000 Canadian students. Women are major recipients of Canada student financial assistance and constitute 60% of Canada student loan borrowers and 77% of recipients of grants for students with dependents. In 2010, the Government of Canada also provided $20 million in support of Pathways to Education Canada (PEC), a unique program of early intervention and support for high school students aimed at reducing high school drop-out rates and increasing post-secondary enrolment of disadvantaged youth through tutoring, mentoring, counseling and financial support for students and their families.
Participation by women in power structures and decision-making, as well as in the workplace
Currently, women hold 22.2% of the seats in the House of Commons and 27 percent (10 of 37) of Canada's federal Cabinet posts. Women constitute 34 percent of Canadian Senators ranking 51st in the world, according to the Inter-Parliamentary Union (2009 data). In 2010, on average, 30.3 percent of cabinet posts in the provinces and territories were held by women, with Quebec leading at 46.2 and New Brunswick lowest at 4.8 percent. In the private sector, Canadian executive women are qualified for corporate leadership by experience and education. In 2009, women held 40 percent of management-related occupations, 16.9 percent of all executive officer posts, and 3.8 percent of CEO positions. Women earned 34.5 percent of the MBA degrees granted in Canada in 2009.
Women represented 47.3% of the total workforce in 2009, up from 45.7% in 1999 and 37.1% in 1976 (Canadian Social Trends).The labor force participation rate for Canadian women aged 15 to 64 rose from 68.2% in 1997 to 74.3% in 2009. Since January 2009, women have, for the first time, comprised a majority of paid employees in Canada. They now represent 50.3% of paid employees and 35% of all self-employed persons. During the recession, the employment rate for both women and men contracted. The employment rate for women in 2009 stood at 58.3%, a decrease of 1 percentage point, while for men it was 65.2%, a decrease of 2.3 percentage points (Canadian Social Trends). Since July 2009, women have led the way in recovery, and 70.0% of their previous job losses had been regained as of December 2009. By January 2010, the entirety of job losses had been regained. Supporting the recovery process, Status of Women Canada is providing $367,529 to the Minerva Foundation for BC Women for the project, Women Leading the Way, to help women develop leadership skills. The project will focus on mentorship and the processes of governance in the political, economic and social arenas.
Health
In 2009, Health Canada along with its Health Portfolio partners approved a new Health Portfolio Sex and Gender-Based Analysis Policy. This policy commits Health Portfolio partners to use sex and gender based analysis when they develop, implement and evaluate their research, policies and programs to help meet the needs of Canadian men and women, girls and boys. Health Canada supports and manages the Women’s Health Contribution Program, which uses a gender sensitive approach to policy research aimed at enhancing the health system’s understanding of, and responsiveness to, women’s health issues. Health Canada also participates in interdepartmental gender-focused networks and working groups.
Health Canada's Centres of Excellence for Women's Health represent a unique multi-disciplinary partnership among academics, community-based organizations and policy makers. To date, the Centres have produced more than 300 research reports to inform the policy process and generate knowledge about the determinants of women's health, including gender and diversity. Also, the Canadian Women's Health Network (CWHN) is funded by Health Canada's Women's Health Contribution Program to facilitate national networking of women's health organizations in Canada.
National institutions responsible for the advancement of women
Status of Women Canada (SWC) is a federal government organization that promotes the full participation of women in the economic, social and democratic life of Canada, putting particular emphasis on increasing women's economic security and prosperity, and eliminating violence against women in order to create the conditions of success for women. SWC works with federal departments and agencies to ensure that gender dimensions are taken into account in the development of policies and programs by conducting gender-based analysis and by providing advice to the Minister responsible for the Status of Women in her or his role to advance the equality of women in Canada. In May, 2009 the Auditor General released her report and recognized the efforts of central agencies and Status of Women Canada to improve the practice of GBA across government. Further to the audit and the government’s response, central agencies and Status of Women Canada have developed an Action Plan which elaborates on the commitments made in the response to the Auditor General’s recommendations.
Through the Women's Program and its two components, the Women's Community Fund and the Women's Partnership Fund, SWC also plays a vital role in supporting the work of women's and other Canadian organizations. In 2009, through the Women's Community Fund, the Government of Canada supported 78 projects that positively impact the lives of thousands of women. These projects address ending violence against women and girls, improving their economic security and prosperity, and encouraging them in leadership and decision-making roles. A list of funded projects can be found at swc-cfc.gc.ca/med/news-nouvelles/2010/0506-eng.html. It is also important to mention that different kinds of women’s machineries are in place in most provinces and territories.
Internationally, SWC contributes to advances in gender equality globally by working collaboratively with other countries and through international organizations, such as: the United Nations, the Commonwealth, the Asia Pacific Economic Cooperation initiative (APEC), and the Organization of American States (OAS). SWC’s expertise is often sought in formal presentations, information exchanges and in providing guidance based on SWC’s experience in advancing gender equality. SWC has also contributed to the adoption, by multilateral organizations, of agreements, instruments and policies that advance the status of women.
Women in areas of conflict
The Government of Canada is committed to addressing the issues of women in conflict and post-conflict situations. In 2008-2010, Canada funded a second phase of a project by the Canadian organization, Inter Pares, to work with grassroots women’s organizations and others in Guatemala, Colombia and Peru aimed at empowering women to address impunity and reparation for gender-based violence during times of armed conflict.
Canada is committed to the full and effective implementation of the United Nations Security Council Resolutions on Women, Peace and Security. Through the Department of Foreign Affairs and International Trade's Global Peace and Security Fund, Canada supports efforts of Canadian and international civil society organizations to address key issues on the women, peace and security agenda in the Americas. For example, the Argentinean NGO RESDAL conducts research and raises awareness about the role of women in Latin American armed and police forces and their contribution to peace operations and security institutions.
IV. FUTURE ACTIONS TO ADVANCE THE IMPLEMENTATION OF THE CIM STRATEGIC PLAN OF ACTION
(i) At the national level
Working through Status of Women Canada, in partnership with federal departments and key stakeholders, Canada will work to further equality for women by continuing to identify barriers and challenges faced by women, as well as opportunities to promote women’s full participation in Canadian society. SWC’s important role will continue as outlined in the Government response to the report of the Auditor General on GBA. The plan reiterates the Government of Canada’s commitment to including GBA in the development and assessment of policies and programs.
(ii) At the regional/hemispheric level
Canada will continue to be involved in the work of the Inter-American Commission on Women (CIM). Canada supports annual OAS General Assembly resolutions that promote gender equality in the hemisphere, including one that pertains to the strengthening of the CIM. Support for gender equality remains central to Canada’s Official Development Assistance to the region. Across the region, Canada has provided support to projects and programming aimed at increasing respect for women’s rights and women’s role in decision-making processes, as well as enhancing the capacity of government and civil society to advance progress in these areas. Canada will continue to integrate gender equality considerations into programs and projects in such sectors as democratic governance, education and health, and will remain engaged in policy dialogue and providing assistance to key partners such as the OAS, the IADB and PAHO to build their capacity to support progress on gender equality in the region.
Appendix I
OAS Questionnaire - Rapporteurship on the Rights of Women
Forms of Discrimination that Restrict Women’s Full Exercise of their Economic, Social and Cultural Rights
Section One: Employment
Question 1
Human rights in Canada are protected by a combination of constitutional and legislative measures. The Canadian Charter of Rights and Freedoms (the Charter) part of the Canadian Constitution is largely a civil and political rights document. Canadian legislation, policies and programs are subject to the the Charter Sections 15 and 28 of the Charter provide constitutional protection for gender equality. Section 15 ensures equal protection and equal benefit of the law for all Canadians without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability, or analogous grounds, which has been interpreted to include sexual orientation. Section 28 guarantees that all of the rights provided for in the Charter apply equally to men and women. The Charter generally governs the relationships between governments (federal, provincial and municipal) and individuals rather than between individuals. Federal and provincial human rights codes extend similar prohibitions against discrimination to the private sector. These two Charter sections apply to government action in the form of legislation, regulations, directions, policies, programmes, activities and the actions of government agents carried out under lawful authority.
Canadians are also protected by a large body of federal, provincial and territorial legislation and accompanying regulations. As noted above, all governments in Canada have adopted human rights legislation prohibiting discrimination on various grounds such as race, religion, colour, sex, age and disability in regard to employment matters, the provision of goods, services and facilities customarily available to the public, and accommodation.
Canada’s human rights commissions and tribunals are independent statutory bodies created by federal, provincial and territorial human rights legislation. They are generally mandated to mediate and investigate complaints of discrimination under the prohibited grounds found in their respective legislation. Commissions also work to prevent discrimination by undertaking human rights education and promotional activities. Other administrative bodies, such as labour relations boards, have jurisdiction to investigate particular human rights issues that arise from their specific mandates. All administrative bodies mandated to apply law must do so in a manner consistent with the Canadian Charter of Rights and Freedoms.
At the federal level, the Canadian Human Rights Act (CHRA) protects people that are lawfully present in Canada or legally entitled to return to Canada against discrimination, on a prohibited ground, including sex-based discrimination and sexual harassment by federally regulated employers or service providers. The CHRA applies to all federal and federally related works and industries, including federal departments, agencies and Crown corporations; the post office; chartered banks; airlines, buses and railways that travel between provinces, etc. The prohibited grounds include age, sex (including pregnancy or child birth), sexual orientation, marital and family status. The Act specifically provides for equal wages, making it a discriminatory practice for an employer to pay different wages to male and female employees in the same establishment who are performing work of equal value. The Canadian Parliament recently passed legislation entitled the Public Sector Equitable Compensation Act, which is not yet in force, which provides for equal pay for work of equal value in the federal public sector.
The CHRA established the Canadian Human Rights Commission (CHRC) whose mandate is to make the CHRA work for the benefit of all Canadians. The CHRA also established the Canadian Human Rights Tribunal to hold public hearings into complaints of discrimination that have been referred to it by the Commission. In the federal public sector, complaints concerning equal pay for work of equal value are currently referred to the Public Service Labour Relations Board (the Board). The Commission, the Tribunal and the Board must file annual reports to Parliament.
Similar to the federal regime, each of the provinces and territories has their own human rights legislation that applies to employers and service providers under provincial/territorial jurisdiction. In addition, some provinces and territories have human rights commissions or tribunals to resolve and deal with complaints of discrimination by provincially regulated employers and service providers. A link to the provincial and territorial human rights agencies can be found here: .
1A: Access to Employment
In Canada, legislative authority over labour and employment matters is divided between the federal government and the provinces and territories. The human rights legislation discussed above prohibits discrimination against women in all of these areas. The federal government regulates the labour and employment matters of businesses and industries in the following sectors:
• banks
• marine shipping, ferry and port services
• air transportation, including airports, aerodromes and airlines
• railway and road transportation that involves crossing borders
• canals, pipelines, tunnels and bridges (crossing provincial borders)
• telephone, telegraph and cable systems
• radio and television broadcasting
• grain elevators, feed and seed mills
• uranium mining and processing
• businesses dealing with the protection of fisheries (a natural resource)
• many First Nation activities
• most federal Crown corporations
• private businesses necessary to the operation of a federal act
Employers and employees in all other industries fall under provincial or territorial jurisdiction. There is no concurrent or shared jurisdiction.
One key exception to the above division of legislative authority is the Employment Insurance program, which is a federal program that applies across the country. This program provides temporary financial assistance for unemployed Canadians while they look for work, upgrade their skills or who are on leave because they are sick, pregnant or caring for a newborn or adopted child, or for a family member who is seriously ill with a significant risk of death. It should be noted that certain classes or groups of workers are exempt from certain provisions in provincial and territorial employment standards legislation, including leave provisions. For example, in several jurisdictions, domestic and agricultural workers are exempt from some (and in some cases all) employment standards provisions.
The Employment Equity Act (EEA) ensures that federally regulated employers provide equal opportunities for employment to the four designated groups: women, Aboriginal peoples, persons with disabilities, and members of visible minorities. The Act requires that employers identify and eliminate employment barriers for designated group members that result from the employer’s employment systems, policies and practices. The goal is to institute positive policies and practices and make reasonable accommodations so that the representation of persons in designated groups in the employer’s workforce reflects their representation in the Canadian workforce.
Under the EEA, the CHRC is responsible for ensuring compliance with the Act. To this end, the Commission conducts audits to determine whether employers meet the statutory requirements of the Act.
The representation of women in certain economic areas is changing:
Example: Trades and Apprenticeship
▪ Apprenticeship is largely a provincial responsibility. However, the Government of Canada plays a key role in developing a highly skilled and mobile skilled trades workforce, and encouraging access for women to the skilled trades, including non-traditional trades.
▪ The Government of Canada provides the National Secretariat to the Red Seal Program, which facilitates the interprovincial mobility of men and women working as skilled trades people by harmonizing requirements and certification in 50 different trades. The Red Seal trades represent almost 89% of registered apprentices in the country.
▪ Women’s representation in apprenticeship has been increasing over the past ten years. According to the Registered Apprenticeship Information System (RAIS) 2007, by the end of 2007, there were 32,000 women registered as apprentices in Canada – an increase of 187% over the last ten years.
▪ By the end of 2007, women represented 10.7% of all registered apprentices in Canada compared to 7.4% in 1997.
▪ The number of women registering in trades that have traditionally been male dominated is increasing. For example, the number of women registered in building construction trades has increased from 1560 to 5315 between 1998 and 2007. This represents a significant improvement of 241% during that time period.
▪ Another sector that showed a positive trend is motor vehicle and heavy equipment repair, where the number of women registered increased from 545 to 1380, for a 170% improvement during the same time period.
1B: Equal pay and pay equity
Equal pay legislation prohibits wage discrimination based on an employee’s gender in respect of the same or substantially similar work, whereas pay equity legislation is broader and prohibits wage discrimination between male and female employees who are performing work of equal value. The latter is intended to address the tendency for jobs performed predominantly by women to attract lower compensation than jobs predominantly performed by men.
Equal pay legislation
Equal pay legislation is currently in force in every jurisdiction in Canada, with the exception of Nunavut. However, the Human Rights Act of Nunavut prohibits discrimination in employment against an individual or a class of individuals in regard to employment or any term or condition of employment, regardless of whether that term or condition exists prior or subsequent to the employment. Prohibited grounds of discrimination include sex and pregnancy.
In general, this legislation applies to employers in both the private and public sectors. In most jurisdictions, equal pay provisions are included in human rights legislation. However in Manitoba, New Brunswick, Nova Scotia, Ontario, Saskatchewan and Yukon, such provisions are included in employment standards legislation. Equal pay provisions can be enforced through the complaints process established in the applicable human rights or employment standards legislation.
Pay equity legislation
Pay equity legislation is currently in force in Manitoba, New Brunswick, Nova Scotia, Ontario, Quebec, Prince Edward Island and the Federal jurisdiction. In Newfoundland and Labrador and British Columbia there are administrative pay equity programs that apply to the public sector.
At the federal level, pay equity provisions for federally regulated employers are found in two distinct laws:
• Canadian Human Rights Act (CHRA), supported by its Equal Wages Guidelines, 1986 (Guidelines)
• Canada Labour Code Part III (Code)
The federal CHRA applies to the federal public service and federally regulated undertakings. Section 11 of the CHRA prohibits an employer from establishing or maintaining differences in wages between male and female employees employed in the same establishment who are performing work of equal value, except where the difference in wages is based on a prescribed reasonable factor. The pay equity provisions are complaints-based rather than proactive in that they do not require employers to establish programs or policies to implement pay equity. An individual or group of individuals can file a complaint with the Canadian Human Rights Commission, where they have reasonable grounds to believe that a person is engaging or has engaged in a discriminatory practice. The Commission can also initiate a complaint itself.
The Equal Wages Guidelines, 1986 (Guidelines) provide guidance on the application of section 11 of the CHRA. The Guidelines elaborate on the four factors used to assess the value of work: skill, effort, responsibility and working conditions. The Guidelines also provide criteria for determining whether different jobs are part of the same establishment, set out a scale to determine if jobs are male or female dominant and outline factors that may justify wage differences.
The pay equity provisions of the Canada Labour Code Part III (section 182) gives Labour Program inspectors the authority to examine wage records and gather information related to pay equity. If an inspector has reasonable grounds to believe that there is gender-based wage discrimination, he or she may notify the Canadian Human Rights Commission, which can then initiate an investigation under section 11 of the CHRA.
In Quebec, the Pay Equity Act applies to a public or private-sector employer that has at least 10 employees. In Ontario, the Pay Equity Act applies to the public sector and to an employer in the private sector with at least 10 employees. The pay equity legislation in Manitoba, New Brunswick, Nova Scotia and Prince Edward Island applies only to the public sector.
Additional information can be found in the attached tables on equal pay and pay equity:
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In March 2009, the Canadian Parliament passed the Federal Public Sector Equitable Compensation Act. The Act has not yet been proclaimed in force. The Act would change how pay equity issues are handled in the federal public sector.
Treasury Board of Canada Secretariat
1C: Measures of protection in the access to social security
The Old Age Security (OAS) program, the cornerstone of Canada's retirement income system, includes the basic OAS pension, which is paid to all persons aged 65 or over who meet the residence requirements, the Guaranteed Income Supplement (GIS) for low-income OAS pensioners, and the Allowances for low-income Canadians aged 60 to 64 who are the spouses or common-law partners of GIS recipients, or survivors. Together, these benefits provide Canadian seniors with a minimum income guarantee, regardless of whether they have been in the paid labour force or not. This is helpful particularly for older women who may have had frequent interruptions in their labour market participation, or who have worked at home instead of the paid labour force.
The feature of the OAS program that helps to protect equality of opportunity for women’s access to social security is that the basic OAS pension is paid to each individual based on their personal residence history in Canada. Furthermore, the income-tested GIS and Allowances are paid to each individual based on their, and in the case of a couple their spouse/common-law partners, income.
The Canada Pension Plan (CPP) is a contributory public pension plan that contains several design features that help to protect equality of opportunity for women’s access to social security. The CPP covers most employed and self-employed persons in Canada, except in the province of Quebec which has its own Plan – the Quebec Pension Plan (QPP). This is an important feature for women who work in sectors with low rates of employer-sponsored pension coverage. The CPP also has many provisions in support of women including those that provide pension protection during times when they are not working to raise young children, when their marriages or common-law relationships dissolve or when their spouses/common-law partners die.
The Plan accommodates family responsibilities by providing a child-rearing provision allowing the parent who is the primary caregiver of a child under the age of seven to drop periods of zero or low earnings from the calculation of his/her retirement pension thus increasing the value of his/her benefits. The CPP also provides a general 15% drop-out of the months of lowest earnings in the contributory period from the calculation of pension benefits. This provision is intended to offset the negative effects of reduced work in times of unemployment, illness, or schooling.
Spouses and common-law partners aged 60 and older, who are in an ongoing relationship may share their CPP retirement income, possibly resulting in tax savings. In cases where a woman never contributed to the CPP, they can share the one pension. That allows women with little or no paid work history to receive a share of their spouse’s pension in their own names.
The CPP credit-splitting provision helps to provide basic income protection to women in the event of divorce, separation or the end of a common-law union by allowing for the equal division of pension credits that a couple earned while living together. The primary beneficiaries of this provision are women. In 2005, 95% of all credit-splitting applicants were women. The vast majority (96%) of female credit-splitting applicants had higher average earnings as a result of credit-splitting.
The survivor’s pension under the CPP provides a monthly benefit to the surviving spouse or common-law partner of a deceased CPP contributor. Senior women are the primary beneficiaries of this benefit. In 2009, 85% of all survivor pensioners were women.
Social assistance programs available across provinces and territories provide income assistance to individuals and families to help them meet their basic living costs. For Aboriginal persons living on reserve, the Government of Canada provides social assistance benefits. Women and men enjoy equal access to these programs.
Question 2
At the federal level, section 3(2) of the CHRA expressly provides that discrimination based on pregnancy or child birth shall be deemed to be discrimination based on the prohibited ground of sex. Section 14(1) of the CHRA states it is a discriminatory practice to harass an individual on a prohibited ground of discrimination. It further states that sexual harassment shall be deemed to be harassment on a prohibited ground of discrimination. As described under question 1, women who have been discriminated against on the basis of sex may file a complaint with the federal or provincial human rights commission/tribunal.
As described above, the provinces and territories also have human rights legislation which prohibits discrimination in employment on the basis of sex and/or gender, which may include discrimination based on pregnancy. For example, under the Ontario Human Rights Code, women are legally protected from discrimination and harassment because of sex, including pregnancy and breastfeeding. There is also protection based on family status for being in a parent and child relationship. In Ontario, for example, it is illegal to discriminate because a woman is pregnant, was pregnant, had a baby, or may become pregnant. Women have the right to keep their job, rent an apartment, or sign a lease or other contract, without discrimination because of pregnancy. Services should also be provided free from discrimination. The Supreme Court of Canada has recognized the importance of child-bearing and stated that the financial and social burdens associated with having children should not rest entirely on women, and that pregnancy cannot be separated from gender.
Protections for pregnant or nursing women
In Canada, pregnant employees may generally start their maternity leave early (or take sick leave, where available) if conditions in the workplace pose a risk to their health during their pregnancy.
Under the Canada Labour Code, which covers employees under federal jurisdiction, an employee who is pregnant or nursing may cease to perform her job if she believes that it poses a risk to her health or that of the foetus or nursing child. While waiting for a medical opinion, the employee is entitled to a leave without loss of wages and benefits. Once a medical certificate is obtained confirming that her job poses a risk, the employer must attempt to accommodate the employee by modifying her job functions or re-assigning her to another job. This protection extends from the time the employee becomes aware of the pregnancy, to 24 weeks after birth.
If the employer cannot accommodate the employee, the employee is entitled to unpaid leave (preventative withdrawal). At the end of the leave, the employee is to be reinstated in her original job with the same wages and benefits. If certain conditions are met, the employee may receive up to 15 weeks of sickness benefits under the Employment Insurance program.
Under Quebec’s Act respecting occupational health and safety, pregnant and nursing workers whose working conditions may be physically dangerous to their health, or that of their unborn or nursing child, have the right to request re-assignment to other duties or, if that is not possible, to take leave from work (preventative withdrawal). This leave, which requires a medical certificate, ends four weeks before delivery, when maternity leave starts.
The first five days of leave must be paid by the employer. Thereafter, the Quebec government’s preventative withdrawal program provides salary replacement equivalent to 90% of net insurable earnings (currently set at a maximum of $62,500). The employer must reinstate the employee in her former position at the end of her re-assignment or work interruption with all benefits that would have accrued had she remained in her job.
Manitoba provides pregnant employees the right to be temporarily reassigned to alternative work without loss of pay or benefits, where reasonably practicable. However this does not include any special leave.
In all Canadian jurisdictions, employers also have a general duty to protect workers’ health and safety in the workplace under occupational health and safety legislation.
None of the jurisdictions provide explicit statutory protection regarding breastfeeding. However, many jurisdictions have policies and/or tribunal decisions that interpret human rights legislation as protecting breastfeeding women from discrimination at work and require their employer to accommodate them.
For example, in Ontario’s Human Rights Code the right to equal treatment without discrimination because of sex includes cases where a woman is or may become pregnant. The Ontario Human Rights Commission has also published a detailed policy on discrimination because of pregnancy and breastfeeding.
Ontario Human Rights Code
The Ontario Human Rights Commission’s Policy on Discrimination Because of Pregnancy and Breastfeeding
The province of New Brunswick also has a detailed guideline which sets out the New Brunswick Human Right’s Commission’s position on pregnancy discrimination as it relates to the New Brunswick Human Rights Act. Under the Act, employers, owners and service providers are prohibited from discriminating on the basis of sex. This applies to any aspect of employment, as well as to housing, public services and membership in labour unions and professional associations. Section 2 of the Code defines sex as including pregnancy, the possibility of pregnancy, or circumstances related to pregnancy which includes breastfeeding. The Guideline on Pregnancy Discrimination can be found here: .
The WECanada Work Equity Index, attached, provides complementary information.
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Protection from sexual harassment and abuse
In Canada, harassment, including sexual harassment, is a form of discrimination and is thus prohibited in the workplace (by the employer or another employee) under human rights legislation. Alberta, British Columbia, Saskatchewan, Manitoba, Nova Scotia and Prince Edward Island, as well as federally regulated workplaces have specific workplace violence prevention regulations. Violence against women is a crime in Canada and is caught by Criminal Code offences such as assault, assauls with a weapon, sexual assault, and criminal harassment. Such behaviour can therefore be prosecuted as violations of the Canadian Criminal Code.
At the federal level, section 14 of the Canadian Human Rights Act (CHRA) section 14 is specific to harassment. This section indicates that it is a discriminatory practice to harass an individual on a prohibited ground of discrimination in matters related to employment. The CHRA further specifies that sexual harassment is considered harassment on a prohibited ground.
Anyone working in a federally regulated industry who feels that they were subject to discrimination (including harassment) because of sex may file a complaint with the Canadian Human Rights Commission. For provincially regulated industries, the individual may file a complaint with the appropriate provincial or territorial human rights commission or tribunal.
In addition, the Canada Labour Code has a provision dealing with sexual harassment in the workplace. It describes sexual harassment as follows:
“…any conduct, comment, gesture or contact of a sexual nature (a) that is likely to cause offence or humiliation to any employee, or (b) that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.”
The Canada Labour Code stipulates that every employer must make reasonable efforts to ensure that no employee is subjected to sexual harassment and issue a policy statement concerning sexual harassment. The Code then specifies the required contents of this policy.
Sexual harassment is also prohibited under the various provincial and territorial human rights codes. For example, in Alberta sexual harassment is discrimination on the ground of gender and is prohibited in Alberta’s Human Rights, Citizenship and Multiculturalism Act . In Alberta, employers are responsible for maintaining a work environment free from sexual harassment for all employees, customers and clients. A supervisor who neglects to follow up on a complaint of sexual harassment may be liable under the Human Rights, Citizenship and Multiculturalism Act for failing to take prompt and appropriate action.
As a measure to address systemic discrimination and barriers, employment equity legislation also plays a role in protecting women workers from discrimination and harassment. The Employment Equity Act requires employers to review their employment policies and practices in order to identify barriers to designated group members (designated group members include women, Aboriginal peoples, persons with disabilities and visible minorities). The Act then requires that all barriers stemming from policies and practices not authorized by law be removed. Under the Federal Contractors Program (FCP), provincially regulated employers with 100 or more employees who wish to bid on contracts of $200,000 or more must sign a certificate of commitment to implement employment equity if successful. In meeting their obligations, employers are required to complete a detailed employment systems review to identify and remove any barriers to women’s equitable representation. This includes harassment and other practices that have an adverse impact on women.
Employment equity legislation and the FCP are proactive in nature and are enforced through compliance reviews and audits. Should an individual or group of individuals believe they have been discriminated against, they may file an individual complaint under the relevant human rights legislation.
It should be noted that the issue of psychological harassment (including bullying) has been receiving growing attention in Canada. Employers have a general duty to protect employees from risks at work; however in some jurisdictions psychological harassment is explicitly prohibited in the workplace. For example, Quebec became the first North American jurisdiction to include protection against psychological harassment of employees in its Act respecting Labour Standards in 2004. In 2007, Saskatchewan amended its Occupational Health and Safety Act to include psychological harassment within the definition of harassment. More recently, Ontario’s Occupational Health and Safety Amendment Act was proclaimed in force on June 15, 2010, adding provisions to prevent violence and harassment (including psychological harassment) in the workplace. The federal jurisdiction has violence prevention regulations under the Occupational Health and Safety Regulations that encompass bullying and other forms of harassment.
Canadian Centre for Occupational Health and Safety
Canadian Human Rights Commission
Ontario Ministry of Labour
Question 3
In Canada labour statistics are compiled systematically, by Statistics Canada, at the national and at the provincial level, through the Labour Force Survey released monthly[1].
3A: In Canada, the recession lasted from October 2008 to July 2009. The goods-producing sectors such as manufacturing were hardest hit. Most of the jobs lost were full-time. Young men (15-24 years) were the gender group most affected by job losses. Ontario, British Columbia, and Alberta were the provinces hit hardest by the recession. Overall, women were much less affected by job loss than men in the recent recession, largely due to their relatively high representation in recession-resilient service sector jobs.
With support from the extraordinary measures in Canada's Economic Action Plan, the Canadian recovery is well underway with 97% of recession job losses regained as of June 2010. Since July 2009, there has been an upward trend in employment. From July 2009 to June 2010, 403,300 jobs were gained in Canada. Women have so far performed much better in the recovery period recovering 155% of their net job loss while men have recovered only 77% of their net job loss.
In June 2010, the employment rate for people age 15 years and over was 62.1% and the participation rate was 67.4%. The unemployment rate has decreased from its peak in July 2009 (8.6%) to 7.9% in June 2010.
▪ Canadian women have a lower employment rate than men (58.3% versus 65.9%).
▪ Canadian women also have a lower unemployment rate (7.1%) compared to men (8.6%).
Women have a higher incidence of part-time work[2] compared to men.
▪ Women (15 years and over) represent 67% of all part time workers
▪ 27% of all employed women work part-time compared to only 12% of all employed men.
Overall, young workers (15-24 years) are more likely to work part-time (43%) than those aged 25 years and over. Among workers aged 25 years and over, the incidence of part-time work is 22% for women and only 7% for men.
Most Canadians are employees (84% versus 16% for self-employed).
▪ Self-employment is more predominant among men than women. In fact, 66% of self-employed Canadians are men compared to 34% for women.
Women’s representation in non-traditional occupations is increasing while the gender wage gap is decreasing, especially for young women with post-secondary education but gender differences in occupations exist. Women are highly represented in the service sector while men are highly represented in the goods sector.
▪ In 2009, women represented 81% of workers in the health occupations; 71% of workers in Business, finance and administrative occupations; and 70% of workers in social science, education, government service, and religion occupations.
▪ In sectors where men constituted a majority of workers, women represented 6% of workers in trades, transport and equipment operators and related occupations; 19% in occupations unique to primary industry; 22% in natural and applied sciences and related occupations and 37% in management occupations.
In the past few decades, the most significant social trend in Canada has been the rising educational attainment and increased labour force participation for women. Women have been the primary source of new labour market entrants for the economy. Women’s progress in the labour market is also remarkable. The labour market participation rate for women has been rising over the past few decades, such that employment and participation rates are now converging towards those of men and are the highest among G7 countries.
▪ In 2009, women made up almost half of Canada’s labour force at 47%. Among core-age women (25-54 years of age), 82.2% participated in the labour force compared to 76.8% in 1997. The employment rate for core-age women was 77.2% in 2009 compared to 70.9% in 1997.
Some groups of Canadians especially from under-represented groups (Aboriginal peoples, persons with disabilities, and visible minorities), still face additional barriers to employment and often have higher unemployment rates.
The Labour Market Situation of Aboriginal Canadians[3]
▪ Aboriginal Canadians constitute a young and rapidly growing demographic group in Canada.
▪ However, they have lower average levels of educational attainment and literacy.
In June 2010:
▪ Aboriginal Canadians experienced a lower employment rate (54.3%) compared to non-Aboriginal Canadians (62.5%).
▪ Aboriginal women had a lower employment rate than that of Aboriginal men (52.6% versus 56.2%) or non-Aboriginal women (58.9%).
▪ Some Aboriginal Canadians face labour market challenges due to remote location and lack of local job opportunities.
Ethnic groups/Visible minorities in the labour market
▪ Visible minorities in Canada form a heterogeneous group and their situation varies by ethnic group. Some of them are born in Canada while others are recent immigrants. In 2006, visible minorities accounted for 16.2% of Canada’s population.
▪ Overall, visible minorities have a slightly lower employment rate (61.5%) compared to non visible minorities (62.6%)
o The employment rate for visible minority women is lower than that of visible minority men (56.2% versus 67.3%) and to that of non visible minority women (57.8%)
See tables in annex A for details on requested data for Question 3a and for definition of ethnic origin/visible minority in Canada
3B: Public pensions have made a significant contribution in decreasing the incidence of low-income among seniors from 21.4% in 1980 to 5.8% in 2008. While some senior women continue to be vulnerable to economic stress, their low-income rate has declined dramatically, from 26.7% in 1980 to 7.6% in 2008, compared to senior men’s low-income rate which declined from 14.5% to 3.6%. Although the low-income rate among women is still higher than for men, the gap has narrowed. Unattached seniors and seniors who live in urban centers are also more likely to experience low-income.
A person does not need to be retired to receive OAS benefits. In the 2008–2009 fiscal year, 4.5 million seniors, including 2.5 million women, received $33.4 billion in OAS benefits. This includes $7.5 billion in GIS payments for 1.6 million low-income seniors, of which 1 million were women. Furthermore, approximately 90% of the 93,000 Allowance recipients were women.
The standard CPP retirement age is 65 for both males and females; however, the pension may be received as early as age 60. The amount of a retirement pension beginning before a person reaches age 65 is reduced for each month between the start of the pension and age 65. Similarly, the amount of a retirement pension that starts between the ages of 65 and 70 is adjusted upwards for each month after the person reaches age 65 and the month for which the first payment is made up to age 70.
In April 2010, 62.9% of new male retirement CPP beneficiaries and 66.5% of new female retirement CPP beneficiaries retired before their 65th birthday, 32.1% of males and 29.9% of females retired at age 65, and 5.0% of males and 3.6% of females postponed their retirement until after age 65.
Distribution of new retirement pensions, by age and gender for April 2010
|Age |Male |Female |Total (both genders) |
| |# |
|Canada |7.9 |
|Newfoundland |14.7 |
|Prince Edward island |12.3 |
|Nova Scotia |8.8 |
|New Brunswick |9.3 |
|Quebec |7.8 |
|Ontario |8.3 |
|Manitoba |5.3 |
|Saskatchewan |5.5 |
|Alberta |6.7 |
|British Columbia |7.8 |
Among the territories, Yukon had an unemployment rate of 7.8% in June 2010 compared to 7.4% in Northwest Territories 19.7% for Nunavut (data based on three month moving average).
Annual average 2009, Unemployment rates by territories[6]; age 15 years and plus;
| |Both sexes (%) |Men (%) |Women (%) |
|Yukon |6.9 |8.8 |4.9 |
|Northwest Territories |6.0 |7.1 |4.8 |
Aboriginal peoples (First nations, Métis, Inuit)[7]
Overall, Aboriginal people have far higher unemployment rates than the non-Aboriginal population.
▪ In June 2010, Aboriginal peoples living off-reserve experienced an unemployment rate of 14.7% compared to 7.9% for the non-Aboriginal population.
▪ However, Aboriginal women had a lower unemployment rate (12.9%) than Aboriginal men (15.1%) and non-Aboriginal women (6.9%).
Unemployment rates are uneven among identity groups in the Aboriginal population
▪ For example, in June 2010, First Nations[8] living off-reserve experienced a higher unemployment rate (18.9%) than Métis (10.8%).
Unemployment rates for Aboriginal people (by Aboriginal identity) - age 15 years and plus: June 2010 (three month moving average)
| |Both sexes (%) |Men (%) |Women (%) |
|Non-Aboriginal |7.9 |8.8 |6.9 |
|Aboriginal (all) |14.7 |16.4 |12.9 |
|- First Nation |18.9 |21.0 |17.0 |
|- Métis |10.8 |12.4 |9.0 |
|- Other |N/A |N/A |N/A |
|- Inuit |N/A |N/A |N/A |
|- Multiple identities |N/A |N/A |N/A |
3D: Informal labour is currently not a policy priority for Canada. No data is currently available on informal labour in Canada.
3E: No data is available on domestic workers at the federal level. As the definition of “domestic workers” is established by each province and territory, no federal statistics can be used for the moment. Please see question 5D for more details.
Question 4
4A: Maternity Leave
Maternity leave is covered and protected in the labour or employment standards legislation of every Canadian jurisdiction. It is designed to give expectant mothers the possibility of withdrawing from work in the later stages of their pregnancy and to allow them time to recuperate after childbirth.
The Canada Labour Code entitles every female employee who has completed six consecutive months of continuous employment with an employer to 17 weeks of unpaid leave. While on leave, the employer will maintain any employer-sponsored benefits.
The Canada Labour Code also allows for an additional leave where, a pregnant woman or nursing mother may ask her employer to temporarily modify her duties or assign her to another position if continuation of her present duties puts her health or that of her unborn or nursing child at risk. Note that while leave is granted, the government of Canada provides benefits under the program to provide Employment Insurance benefits for those who qualify.
Parental Leave
Parental leave is designed to provide either or both parents with time to spend with their newborns. All jurisdictions have parental and maternity leave provisions. In the Canada Labour Code every employee who has completed six consecutive months of continuous employment with an employer is entitled to 37 weeks to care for a new born child or for a child who is in the care of the employee for the purpose of adoption. The total amount of weeks of maternity or paternity leave that may be taken by one or two employees must not exceed 52 weeks. As with maternity leave, the government of Canada provides benefits under the program to provide Employment Insurance benefits for those who qualify. The attached chart “Leave and Income Replacement for New Parents” describes the situation in all 13 Canadian jurisdictions.
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Additionally, most Canadian jurisdictions provide leave to meet certain family obligations. Please see attached table “Leave Provisions for Family and Other Personal Responsibilities”.
Finally, it should be noted that, under the Code, it is prohibited for an employer to dismiss, suspend, lay off, demote or discipline an employee because the employee is pregnant or has taken maternity or parental leave. Similar provisions are found in the provinces and territories.
4B: Family Policy
The Government of Canada is committed to helping parents balance work and family life, and to providing them with real choices in deciding what is best for their children. That is why almost $6 billion in 2010–2011 will be provided in support of early learning and child care through transfers to the provinces and territories, direct spending, and tax measures for families. This is the largest investment in early childhood development and child care in the history of Canada.
The federal government provides direct support for child care costs, as well as cash benefits and tax measures which recognize the cost of raising a child. The principal support for child care for working parents is the Child Care Expense Deduction (CCED), which allows parents to deduct eligible child care costs from taxable income. Other key federal supports for children include the Universal Child Care Benefit (for all parents of children under six), the Canada Child Tax Benefit (an income-tested cash benefit), and the Child Tax Credit (an annual tax reduction measure), as well as support to populations for which the federal government has direct responsibility, e.g., Aboriginal Canadians and military families. See Annex C for further detail.
The Government is helping Canadian parents to better balance child care and work responsibilities with investments in new child care spaces. A 25-percent investment tax credit was introduced in 2007, for businesses that create new child care spaces for their employees, to a maximum of $10,000 per space created. The Government of Canada is also providing an additional $250 million per year to the provinces and territories to help support the creation of tens of thousands of new child care spaces across the country. This is in addition to other transfers to the provinces and territories for early childhood development and early learning and child care. All told, federal transfers to the provinces and territories in support of families with children total over $1.167 billion this year and will grow to almost $1.3 billion by 2013–2014. Since 2007, many provinces and territories have announced plans for new child care spaces—over 84,000 so far. Others are investing in enhancing the quality of their spaces, or affordability.
Provincial and Territorial governments have the primary responsibility for the design and delivery of child care policies and programs, with the federal government playing an enabling role by transferring funding to supplement each P/T’s own investments. The Government’s approach is one that respects provincial and territorial responsibility for social services while at the same time enabling parents to choose what is best for their children.
Moving forward, the Government of Canada will continue to put families first and work with jurisdictions across the country to enable all children to receive the best possible start in life and have the opportunity to reach their full potential.
4C: Public Pension System
Canada’s public pension system plays a critical role in providing economic security for seniors and senior women in particular. The 1952 Old Age Security Act established Canada’s federally funded, residence based, OAS pension. An amendment in 1967 established the GIS as a temporary transitional benefit to provide seniors with an additional income source up until the time that adults contributed more fulsomely to the CPP. By 1971, it was recognized that the GIS was a necessary source of additional income for seniors who would otherwise be low-income. The GIS assists segments of the population who are unable to make adequate contributions to the CPP during working life, such as the disabled, the chronically unemployed or underemployed, and unremunerated caregivers and homemakers, primarily women. The CPP (1966) is a social insurance program based on contributions on earnings to ensure a measure of protection to contributors and their families against the loss of income due to retirement, disability, or death. Membership in the CPP is mandatory, Canadian workers who earn above a base threshold amount (minimum $3,500 in annual employment earnings), except in the province of Quebec which has its own Plan - the QPP. The Spouse's Allowance (1975) and the Allowance for the Survivor (1985) were enacted to lessen the financial difficulty faced by couples living on a single pension and by seniors whose spouses or common-law partner has died.
New Horizons for Seniors Program
New Horizons for Seniors Program funds projects that help improve the quality of life for seniors and their communities – from enabling seniors to share their knowledge, wisdom and experiences with others, to improving facilities for seniors' programs and activities, to raising awareness of elder abuse.
The National Seniors Council was established in 2007 to advise the Government on matters related to the health, well-being and quality of life of seniors. Current priorities of this council are labour force participation and intergenerational relations.
Age Credit
The Age Credit is a non-refundable tax credit that provides tax savings to seniors (individuals aged 65 and over). It is a targeted benefit directed at low- to middle-income earners. This credit provided tax savings to about 2.2 million seniors in 2009.
Question 5
5A: In the past few decades, Canadian women have taken remarkable strides forward in educational attainment and labour force participation, thereby significantly improving their economic situation.
In education, women have represented a majority of all postsecondary students and graduates in Canada for over a decade, and their educational attainment has risen more quickly than that of men.
▪ Women now account for 60% of university graduates, and they have significantly increased their representation in non-traditional fields of study.
▪ The proportion of women 25-64 with completed post-secondary education has increased from 51% in 1999 to 62% in 2009.
In the labour market, their progress over time is also remarkable.
▪ Since January 2009 women have, for the first time, comprised a majority of paid employees in Canada. Overall, in 2009 women accounted for 48% of all employed persons (paid employees and self-employed) in Canada.
▪ Overall employment rates of Canadian women are converging towards those of men. The employment rate for women 15-64 increased from 62% in 1997 to 69% in 2009, while that for men the rate remained stable, at 74%.
▪ The employment rate for Canadian women is the highest among G7 countries, and among the highest in the OECD.
▪ Women’s representation in non-traditional occupations has increased significantly.
▪ Wage gap is closing over time, especially for young women with university degrees.
However, some challenges to labour market participation remain, including:
▪ Balancing paid work and unpaid work; including lower earnings for women with young children compared to those without children or to men.
▪ While improving overtime, a wage gap between men and women still exist particularly for older workers.
▪ Women are over represented among minimum wage workers. In 2009, Canadian women represent 60% of minimum wage workers.
▪ Women are also over represented among non-standard workers (e.g. part time or contract workers).
▪ Additional barriers to labour market participation exist for Aboriginal women/men in part to low educational attainment levels and remote location.
▪ Additional barriers to labour market participation for recent immigrants include: low participation rates among some sub-groups, low language fluency and literacy skills, lack of foreign credential recognition, lack of Canadian work experience, little knowledge of Canadian society and culture, and discrimination.
5B: The Government of Canada supports gender equality. In the Fall 2008 Speech from the Throne, Government committed to “break down barriers that prevent Canadians from reaching their full potential” based on gender, age, cultural background, language or disability. The 2008 Federal Budget announced that the federal government will be developing an “Action Plan that will advance the equality of women across Canada.”
Current policies and programs that promote labour market participation of Canadian women include:
▪ Canada Student Loans and Canada Student Grants Programs offer financial assistance to help Canadians access post secondary education. Students from low and middle-income families may be eligible for Canada Student Grants.
▪ Separate taxation of spouses, which encourages employment due to lower marginal taxation rates.
▪ Maternity and parental leave and benefits. In most situations, a combination of maternity and parental benefits can be received up to a combined maximum of 50 weeks. Coverage has been recently extended to self-employed people.
▪ The Canada Child Tax Benefit is a tax-free monthly payment made to eligible families to help them with the cost of raising children under age 18. The CCTB may include the National Child Benefit Supplement (NCBS) or the Child Disability Benefit (CDB).
▪ The Universal Child Care Benefit (UCCB) program issues a taxable $100 monthly payment to families for each child under the age of six to help cover the cost of child care.
▪ The Child Tax Credit, introduced in 2007, is an investment of $1.5B per year in tax support for families with children. This tax credit provides a maximum tax value of over $300 per child of tax relief.
▪ The Canadian Human Rights Act and provincial and territorial human rights legislation which prohibit discrimination, including on the ground of gender.
▪ The Employment Equity Act ensures that federally regulated employers provide equal opportunities for employment to women and other designated groups’ such as Aboriginal peoples, persons with disabilities and visible minorities and promotes their representation in the labour market.
▪ All labour market-related programs target men as well as women, such as Labour Market Development Agreements; Labour Market Agreements that provide employment-related services to people not eligible for the Employment Insurance (EI)-related programs.
▪ The Youth Employment Strategy (YES) comprises a series of programs to help young people, particularly those facing barriers to employment, get the information and gain the skills, work experience and abilities they need to make a successful transition to the workplace.
Aboriginal Programming
Aboriginal programming for labour market or skills development, such as:
• The Aboriginal Skills and Employment Training Strategy (ASETS) was introduced in April 2010. It is a five-year, $1.6 billion investment in Aboriginal skills development and training.
• ASETS is the successor program to the Aboriginal Human Resources Development Strategy (AHRDS), which expired in March 2010.
• Aboriginal Skills and Employment Partnerships (ASEP) program designed to promote maximum employment for Aboriginal people on economic developments, through collaborative partnerships.
Specific measures for indigenous women have been supported through Human Resources and Skills Development’s (HRSDC) Aboriginal Human Resources Development Strategy. The Native Women’s Association of Canada (NWAC), which is mandated to deliver employment assistance programming to all off-reserve Aboriginal women, has received $2 million each year as part of this strategy. NWAC has 11 partner organizations that deliver employment and training initiatives on behalf of NWAC across the country, ensuring that resources reflect the unique circumstances of each group and geographical area. NWAC funds targeted wage subsidies and job creation partnerships, as well as skills development, self-employment, youth, and persons with disabilities programs.
The First Nations and Inuit Child Care Initiative (FNICCI), which responds to the diverse child care needs of First Nations and Inuit children and families, is another specific component of the Aboriginal strategy. FNICCI provides access to quality child care services for First Nations and Inuit children of parents entering the labour market or training programs. Currently, FNICCI supports First Nations and Inuit communities through 58 regional organizations and subsidizes approximately 8,500 child care spaces in approximately 530 First Nations and Inuit communities.
In addition, a number of specific employment-related projects for indigenous women are being funded through HRSDC’s Aboriginal Skills and Training Strategic Investment Fund which is a component of the Government’s Economic Action Plan. These investments fund projects covering a range of activities, such as support for Aboriginal women to enter apprenticeships, as well as training and work experience for Aboriginal single mothers.
Working Income Tax Benefit (WITB)
The Government of Canada has a measure in place to promote access to employment for all low-income Canadians. The Working Income Tax Benefit (WITB) is a refundable tax credit intended to provide tax relief for eligible low-income individuals and families who are already in the workforce and to encourage other low-income Canadians to enter the workforce. The WITB is a central part of the Government of Canada’s objective of making work pay. An initial investment of about $550M in 2007 was effectively doubled in Budget 2009, increasing both the maximum benefit amount and the eligibility limits for receiving the WITB. This benefit includes a disability supplement for qualified low-income workers.
Although the WITB is not gender-specific, it is designed in a way that benefits lone parents, the vast majority of which are women. When applying for WITB, lone parents can declare one of their children as an “equivalent to spouse”, thereby allowing them to earn more income before benefits are phased out. Couples and lone parents are also entitled to higher maximum benefits than unattached individuals. It should be noted that Provinces and Territories are given the flexibility to reconfigure the WITB to better integrate with their existing work incentives for low-income individuals and families.
Nearly one million working Canadian families received tax assistance through the WITB in 2007. This included 215,000 unattached women, 185,000 female lone parents and an additional 215,000 couples who benefitted from the WITB. Female-lead lone parent families accounted for approximately 20% of WITB recipients and 30% of total WITB expenditures.
Employment Insurance (EI) Program
Through the Employment Insurance Program (EI) and other programs, the Government of Canada is committed to assisting all Canadians, including women. EI provides temporary income support to individuals who were laid off or who are absent from work due to childbirth, illness, caring for a newborn or newly adopted child, or for a gravely ill family member. While the hours of insured work required to be eligible for regular benefits varies according to regional unemployment rates, access to special benefits (maternity, parental, sickness and compassionate care) is based on 600 hours of insured work, regardless of unemployment rate.
Maternity and parental benefits are provided to individuals who are pregnant, have recently given birth, are adopting a child, or are caring for a newborn. In most situations, a combination of maternity (15 weeks maximum) and parental benefits (35 weeks maximum) can be received up to a combined maximum of 50 weeks.
EI has several features that benefit women
Women accounted for the majority (67.2%) of special benefit claims and they received 83.6% of total special benefit payments in 2008/09. About 86.5% of claimants benefiting from parental benefits were women and they also accounted for 57.3% of sickness claims. In 2008/09, just over three-quarters (76.4%) of family supplement recipients were women. Through the family supplement, low income families with children can receive up to 80% of their insured earnings instead of the basic rate of 55%.
Women represented 48.0% of all Employment Benefits and Support Measures (EBSMs) clients served. EBSMs assist individuals to prepare for, obtain and maintain employment and are delivered by the Provinces and Territories through the Labour Market Development Agreements.
In 2007, women received more in regular and special benefits relative to what they paid in EI premiums than did men.
Recent changes will enhance support for victims of crime, including providing facilitated access to EI sickness benefits for eligible workers who have lost a family member as a result of a crime. Also, the same provision will be made available to immediate family members of military personnel who died resulting from a service-related injury.
Furthermore, the Government will also extend the EI parental benefits eligibility window to support Canadian Forces members, including reservists, whose parental leave is deferred as a result of military requirement or who are directed to return to duty while on parental leave.
Additionally, self-employed women have been able to opt in to the EI program since January 31, 2010 and will be able to collect EI special benefits as early as January 1, 2010 should they wish to do so. Women have traditionally taken greater advantage of EI special benefits than men, a pattern that is expected to hold with this new measure. Overall, women are net beneficiaries of the El program as they receive more in benefits than they contribute in premiums.
Trades and Apprenticeship
Apprenticeship is largely a provincial responsibility. However, the Government of Canada plays a key role in developing a highly skilled and mobile skilled trades workforce, and encouraging access for women to the skilled trades, including non-traditional trades.
Women’s representation in apprenticeship has been increasing over the past ten years. According to the Registered Apprenticeship Information System (RAIS) 2007, by the end of 2007, there were 32,000 women registered as apprentices in Canada – an increase of 187% over the last ten years. By the end of 2007, women represented 10.7% of all registered apprentices in Canada compared to 7.4% in 1997.
The Government of Canada has made significant investments to encourage more Canadians to pursue careers in the skilled trades. Apprenticeship grants target the financial barriers that apprentices face during their training. Women and men have equal access to federal Apprenticeship Grants. Advertising and promotional efforts reflect the diversity of Canada’s population, including women.
5C: Canadian governments at all levels are required to ensure that legislation is applied equally and equitably to both men and women. In addition, labour standards as well as health and safety legislation apply equally to all individuals in Canada, regardless of their nationality, gender or immigration status in Canada. The provinces and territories have the primary responsibility for enforcing these requirements, including those related to temporary foreign workers.
The Temporary Foreign Worker Program requires that most employers of foreign nationals in jobs requiring minimal training provide additional protections including return transportation costs to Canada, assistance securing accommodation and paying for recruitment fees. These employers must also provide medical coverage until provincial coverage becomes available and workers compensation/workplace safety insurance plans. The Government of Canada has proposed regulatory changes to the Temporary Foreign Worker Program which are intended to increase the protection of temporary foreign workers, by providing measures (including sanctions) designed to ensure that Canadian employers respect the applicable labour standards and requirements when employing temporary foreign workers.
5D: The attached two documents provide information regarding employment standards provisions applicable to domestic workers and live-in caregivers:
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5E: Please refer to items (b), (c) and (d).
Question 6
All Canadian jurisdictions have in place human rights legislation which provides a form of redress mechanism for victims of discrimination in employment. Workers whose statutory rights under employment standards or occupational health and safety legislation have been violated can file a complaint with the applicable enforcement agency (typically the department of labour or a specialized board). Government labour inspectors normally have fairly broad powers to inspect workplaces and audit employers, in order to ensure compliance with the law.
Unionized employees who believe their rights have been violated may normally file a grievance through procedures set out in their collective agreement. In some jurisdictions, such as Ontario and British Columbia, employees subject to a collective agreement are required to address employment standards complaints through their grievance procedure. The Supreme Court of Canada has ruled that grievance arbitrators have the power to interpret and apply employment legislation. If an employee has been wrongfully terminated under employment legislation she may pursue civil litigation through the courts. However, the usefulness and availability of this mechanism is limited as discrimination is not recognized as a stand-alone cause of action in civil courts.
If employed in a federally regulated industry, women who are victims of discrimination may file a complaint with the Canadian Human Rights Commission which is responsible for the application of the Canadian Human Rights Act (CHRA). As noted above the CHRA protects against discrimination, on a prohibited ground, including sex-based discrimination by federally regulated employers or service providers. With regards to discrimination in employment, the CHRA specifies that it is a discriminatory practice to:
• refuse to employ, refuse to continue to employ or to subject an employee to adverse differential treatment, based on a prohibited ground of discrimination (section 7);
• use or circulate any form of application for employment or to publish any advertisement, to make written or oral inquiry in connection with employment that expresses or implies any limitations, specification or preference based on a prohibited ground of discrimination (section 8);
• establish or pursue a policy or practice or enter into an agreement affecting recruitment, referral, hiring, promotion, training, apprenticeship, transfer or any other matter relating to employment or prospective employment that deprives to tends to deprive and individual or class of individuals of any employment opportunities because of a prohibited ground of discrimination (section 10);
• establish or maintain differences in wages between male and female employees employed in the same establishment who are performing work of equal value (section 11);
• harass an individual on a prohibited ground of discrimination in matter related to employment (section 14);
• retaliate or threaten retaliation against the individual who filed the complaint or the alleged victim (section 14.1).
It should be noted that “sex” or “gender” (including pregnancy and childbirth), is identified as prohibited ground in the CHRA as well as in all other human rights legislations in Canada.
Once the Canadian Human Rights Commission is notified, and matter cannot be resolved through alternate redress mechanisms, the case may be assigned to an investigator. If the investigation uncovers evidence of discrimination, the Commission may conciliate the complaint or ask the Canadian Human Rights Tribunal to hold hearings.
In terms of remedies available, it should be noted that the legislation is not punitive but remedial in nature and is designed to resolve human rights disputes and prevent them from happening again. If the Canadian Human Rights Tribunal finds that discrimination occurred, it can order the respondent to:
• redress the practice or to prevent the same or similar practice from occurring in the future;
• provide the rights, opportunities and privileges that were denied;
• provide financial compensation for lost wages or expenses;
• provide financial compensation for pain and suffering (not exceeding twenty thousand dollars);
• provide financial compensation for wilful or reckless discrimination (not exceeding twenty thousand dollars).
If the employer is not federally regulated, complaints can be filed with the relevant provincial or territorial human rights commission or tribunal which has similar dispute resolution mechanisms to deal with allegations of discrimination in employment. For example, the Ontario Human Rights Code prohibits discrimination in employment on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status and handicap. Employment may include full-time and part-time work, contract work, temporary work for an agency, and probationary periods.
Human Rights Tribunal of Ontario “Applicant’s Guide”
Section two: Education:
Question 1
With the exception of on-reserve First Nations, education is under provincial/territorial jurisdiction and is therefore governed by provincial/territorial laws, including applicable human rights legislation which prohibits discrimination in the provision of services, which may include education. The Charter of Rights and Freedoms also applies across the country to the actions of federal, provincial and territorial governments.
The Charter provides constitutional protection of individual rights. According to section 1, it guarantees the rights and freedoms set out therein "subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society." As a result, any law, regulation or act, of any level of government in Canada, or any government agency, as well as all court decisions, must conform to the Charter within the meaning of section 1. The Charter applies to relationships between an individual and government.
Section 15 of the Charter ensures equal protection and equal benefit of the law for all Canadians without discrimination, and section 28 guarantees that all the rights covered in the Charter apply equally to men and women.
Section 15(1) of the Charter provides as follows: Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Section 28 of the Charter provides: Notwithstanding anything else in this Charter, the rights and freedoms in it are guaranteed equally to male and female persons.
These two Charter sections apply to government action in the form of legislation, regulations, directions, policies, programmes, activities and the actions of government agents carried out under lawful authority. This means that a government may not discriminate when it provides educational services and that women and girls have the right to equal access to education.
The Canadian Human Rights Act (CHRA), passed in 1977, prohibits discrimination in employment and services within federal jurisdiction. Schools, colleges, and universities fall under provincial jurisdiction. Discrimination in provision of these services is prohibited under provincial and territorial human rights codes. The relevant provincial/territorial human rights commissions or tribunals accept discrimination complaints based on sex, which would include discrimination in the provision of education.
2A: Canada does not have a measure of illiteracy. In Canada, the 2003 International Adult Literacy and Skills Survey (IALSS) is used to measure literacy along a continuum of proficiency that indicates how well adults use information in today’s society. It is not aimed at distinguishing those who are “literate” from those who are “illiterate”. Level 3 proficiency is considered by the OECD to be the “desired level” of competency for coping with the increasing skill demands of the emerging knowledge and information economy.
Literacy in Canada
• According to IALSS, 48% of the Canadian population aged 16 and over (12 million Canadians) performed below Level 3 on the prose literacy in 2003 (about 9 million or 42% of Canadians aged 16 to 65).
By Gender
• While women represent 50% of the population aged 16-65, they represent a slightly lower proportion (47.4) of those with prose literacy proficiency below level 3.
By Age
• The proportion of individuals with prose literacy proficiency below level 3 increases with age (37.8 % for those aged 16-25 years compared to 57.8% for those aged 56-65 years).
By Specific Population Groups
• 85% of individuals (aged 16-65) with prose literacy proficiency below level 3 come from a few groups - immigrants (30%), Aboriginal people (4.5%) and other individuals who have only high school or less (50%).
By Region
• There is a significant difference between the proportion of individuals with prose literacy proficiency below level 3 in eastern and western regions of Canada (50% for those aged 16-25 years in Newfoundland and New Brunswick compared to 35% in British Columbia and Alberta). Nunavut has the highest proportion of individuals with prose literacy proficiency below level 3 (72%).
Source: Statistics Canada, 2003, Building on Our Competencies: Canadian Results of the International Adult Literacy and Skills Survey.
2B:
Students Enrolled in Public Schools, by Gender (in Canada public schools include kindergarten to grade 12).
• Over 5.11 million students were enrolled in public schools in the academic year 2007/2008, a 4.5% decrease from 2001/2002. This continued a downward trend which has seen declines every year since 2002/2003. There were slightly more males than females enrolled in Canadian public schools in 2007/2008, with 51.4% of enrolments consisting of males.
Source: Statistics Canada, 2007, Summary Public School Indicators for Canada, the Provinces and Territories, 2001/2002 to 2007/2008.
Students Enrolled in Post-secondary Education, by Gender
• In 2006-2007 women accounted for approximately 55% of college enrollment.
Source: Statistics Canada data on college enrolments:
• In 2007-2008, women comprised approximately 57.5% of undergraduate university students, 55% of the graduate students and 46% of PhD students.
Source: Statistics Canada, 2009, University Enrolment:
2C: Evaluations of the quality of public education, by gender and region.
As provinces and territories are responsible for education, the federal government has no immediate data to share.
2D: Please see question 2C.
Question 3: Please see question 2C.
Question 4
High school non-completion rates[9] in Canada:
By Gender:
In Canada as a whole, men were more likely than women to have left high school early: 19% compared to 16% (Table E.1.6). The gender gap is significant in Quebec, where 28% of men had left high school at some point, compared to 17% of women.
Between 1990 and 2007, men aged 20 to 24 have had consistently higher non-completion rates than women in the same age range, however, the gap is narrowing. The overall drop out rate is 8.5, and it is 10.3 for men, and 6.6 for women. Since the 1990–1991 school year, Canada’s high school non-completion rate has decreased by almost 50%. The non-completion rate declined steadily from nearly 17% in the 1990–1991 school year to 9% in the 2007– 2008 school year. 2009 Labour Force Survey Data on drop out rates of 20-24 year olds from high school show that men are still more likely to have dropped out than women. Source: Canada Council on Learning, Composite Learning Index 2009.
By Age:
The Youth in Transition Survey data shows a decline in the high school non-completion rates as learners become older. In 2000, when students were 18-20 years old, the non-completion rate among them was 11%. Eight years later, when these students became 26-28 years old, the non-completion rate among them declined to 7%.
Source: Shaienks, Danielle and Tomasz Gluszynski, 2009, Education and Labour Market Transitions in Young Adulthood, Statistics Canada.
By Specific Population Groups:
A disproportionate number of Canadian students living in poverty, youth with disabilities, and youth from visible minority and Aboriginal communities experience disengagement from secondary school. While no data is available on high school non-completion rates of Aboriginal peoples, there remains a significant gap in high school attainment rates between Aboriginal people and non-Aboriginal people in Canada. In 2006, the proportion of Aboriginal people aged 20 to 24 who had not completed high school was almost three times higher than that of non-Aboriginal Canadians. Source: Canada Council on Learning, Composite Learning Index 2009.
By Region:
High school non-completion rates vary by jurisdiction, with the lowest rate of 7.5% in BC and the highest of 13% in Manitoba. There now appears to be two groups of provinces - the first consisting of Atlantic Canada (NFLD 8%, NB 9.2%, NS 9.3% and PEI 9.7%) Ontario (9.1%) and British Columbia (7.5%), with relatively low high school non-completion rates, and the second, made up of Quebec (11.9%) and the Prairie provinces (Manitoba 13%, Alberta 12% and Sask. 10.7%), with rates that have averaged above10% over the last three years (although also declining). Source: Bowlby, Jeoff, 2005, Provincial Drop-out rates - Trends and Consequences, Statistics Canada.
Recent Federal Initiatives:
The Government of Canada recognizes the importance of high quality education for young Canadians. Education is key to success and prosperity in today’s knowledge-based economy. Budget 2010 provided $20 million in support of Pathways to Education Canada’s work to support disadvantaged youth. The Pathways to Education Canada is a unique program of early interventions and support for high school students. It has an established record of reducing high school drop-out rates and increasing post-secondary enrolment of students form inner city high schools. This program provides tutoring, mentoring, counselling and financial support for disadvantaged youth and their families. Source: Finance Canada, Federal Budget 2010 (p. 73)
Budget 2010 also provided $30 million over two years to support an implementation-ready tripartite K-12 education agreement. This agreement will ensure First Nations students benefit from comparable education and achieve comparable results whether the classroom is located on or off reserve. Source: Finance Canada, Federal Budget 2010
Budget 2009 provided for an extra $1B over two years for training, including academic upgrading, through the Employment Insurance program. It also provided $500 million over two years in a Strategic Training and Transition Fund to support training for those who do not qualify for EI. Source: Finance Canada, Federal Budget 2010 (p.94)
5: A 2008 Statistics Canada study analyzing school drop-out rates between 1990/1991 and 2004/2005 found that young women are less likely to drop out of high school than men. The reasons why young women return to school are different from men. Women’s personal reasons for returning to school are closely related to their reasons for leaving (for example pregnancy). A young woman’s likelihood of going back to school increases significantly (30%) when it is related to personal reasons (Statistics Canada, 2008).
6: The CHRA provides that the Commission shall develop and conduct information programs, undertake or sponsor research programs and use any other appropriate means to discourage and reduce discriminatory practices. The provincial and territorial human rights commission/tribunals have similar roles in preventing discrimination and promoting and advancing human rights.
7: In any federally regulated public or private educational setting a woman may launch a complaint under the Act regarding any allegation of discrimination based on an enumerated ground. Note that such bodies as military and policing academies would have their own internal mechanisms as well.
Section three: Access to, and control of, resources on equal conditions
Question 1
The Government of Canada recognizes the importance of an adequate standard of living, including adequate housing, and supports the United Nations’ efforts and the work of the Organization of American States (OAS) in this regard. Canada became party to the International Covenant on Economic, Social and Cultural Rights in 1976, and fully supports the progressive realization of Article 11 on the right of everyone to an adequate standard of living, including adequate housing.
In terms of implementation of the Covenant in Canada, it is important to note that the Covenant allows States a margin of flexibility in determining precisely how they will implement the provisions. In Canada, broad strategies are applied through a combination of laws, policies, programs, and administrative measures to implement our international legal obligations within the framework of the strong constitutional human rights guarantees - including the s.15 guarantee of equality and non-discrimination and s.28 guarantee of equality between men and women - in our Charter. These approaches are effective in complying with our obligations while reflecting the diversity of our federation.
The Canadian Constitution (Constitution Acts 1867 to 1982) does not expressly recognize or guarantee a right to adequate housing. However, many of the fundamental rights and freedoms guaranteed in the Canadian Charter of Rights and Freedoms (the Charter), Part I of the Constitution Act, 1982, form an important part of the framework that ensures equal access to adequate housing.
Of particular importance for women’s equal access to adequate housing is the guarantee of equality, found in Section 15 of the Charter. The constitutional right to equality goes beyond equal treatment of all similarly situated individuals and provides for substantively equal treatment for all Canadians. It may be invoked whenever a law or government action violates the right to equality as broadly interpreted by the Supreme Court. In addition, s. 15(2) provides that programs targeted at improving the situation of disadvantaged Canadians will not generally be found to violate the right to equality. The Constitution therefore guarantees that federal, provincial or territorial legislation, regulations, policies or programs respecting housing must not discriminate within the meaning of this broad equality guarantee.
Human Rights Legislation:
As outlined above, the Canadian Charter of Rights and Freedoms (the Charter), in combination with federal, provincial and territorial human rights legislation, provide the human rights framework within which laws and programs relating to housing operate in Canada. This framework provides important guarantees with respect to gender equality and eliminating discrimination against women, including with respect to the various entitlements that help to ensure adequate housing, including access to land, finance and social services.
Through various pieces of federal, provincial and territorial legislation, Canada ensures equal access to housing, land, financing, civic services and information. Such legislation ensures that there are no legal impediments to obtaining these services (and others) because of an individual's sex. Persons and organizations providing these services are required to comply with human rights legislation which prohibits discrimination on the basis of sex, and other grounds, in the provision of goods, services, facilities or accommodation customarily available to the general public.
With respect to equal access to housing, all governments in Canada – federal, provincial and territorial – have adopted legislation prohibiting discrimination on various grounds in regard to employment matters, the provision of goods, services, facilities and accommodation customarily available to the public. This legislation differs in its application from section 15 on equality rights of the Charter in that it provides protection against discrimination by individuals in the private sector, as well as by governments.
The Canadian Human Rights Act (CHRA) provides an example of the types of discrimination prohibited on grounds such as those set out above. Sections 5 and 6 of the CHRA provide as follows:
5. It is a discriminatory practice in the provision of goods, services, facilities or accommodation customarily available to the general public
(a) to deny, or deny access to, any such good, service, facility or accommodation to any individual, or
(b) to differentiate adversely in relation to any individual, on a prohibited ground of discrimination.
6. It is a discriminatory practice in the provision of commercial premises or residential accommodation
(a) to deny occupancy of such premises or accommodation to any individual, or
(b) to differentiate adversely in relation to any individual,
on a prohibited ground of discrimination.
In this context, women and men have access on an equal basis to, for example, renting and/or purchasing a property, as well as obtaining mortgage financing and other forms of credit.
Housing Legislation (promoting affordability and choice for all Canadians):
Housing in Canada is governed by an extensive framework of legislation, policy and practice spanning all levels of government. At the federal level, Canada Mortgage and Housing Corporation (CMHC) is Canada’s national housing agency and derives its authorities from the Canada Mortgage and Housing Corporation Act (CMHC Act) and the National Housing Act (NHA). The Act responds to the issues of quality affordable housing and availability of low cost housing funding for all, regardless of factors such as sex or marital status. CMHC’s mandate is to promote housing quality, affordability and choice for Canadians. CMHC has three main objectives in this regard:
▪ Help Canadians in need;
▪ Facilitate access to more affordable, better quality housing; and,
▪ Ensure the Canadian housing system remains one of the best in the world.
For those whose needs cannot be met in the marketplace, the NHA authorizes CMHC to provide housing subsidies to low-income Canadians as well to provide housing assistance for those with special/distinct needs under targeted initiatives. Under the NHA, CMHC also has the authority to support housing research to improve living conditions in Canada.
Housing Programs:
The Government of Canada, through CMHC, continues to invest in Canadian families in close partnership with provinces, territories, municipalities, First Nations communities, and the non-profit and private sectors.
The housing needs of women are well recognized in Canadian housing policies and programs. The Government of Canada provides significant support to improve the housing conditions of disadvantaged groups, including women. Although the programs are not targeted to women specifically, a significant portion of this housing assistance benefits women of all ages. This is because women, either in single-parent, female-led households or living alone, are represented among the target groups for the programs. Examples are provided below.
The Government of Canada provides approximately $1.7 billion in housing subsidy assistance annually, through existing social housing programs, to some 620,000 lower income households in Canada, including single women and single-parent households led by women. It is estimated that some 61% of the occupants of the existing social housing portfolio are women and girls, and 78% of single-person households are single women[10].
CMHC’s housing renovation assistance programs, including the Residential Rehabilitation Assistance Program (RRAP), help preserve the existing stock of affordable housing in both urban and rural areas. CMHC offers financial assistance to low-income homeowners and landlords for repairs. RRAP is designed to assist low-income households, including women with children, who own and occupy substandard housing to undertake repairs to address major deficiencies in the structure and systems (electrical, heating, plumbing, fire safety) of their home. The renovation programs also assist with home modifications and adaptations to enable seniors and persons with disabilities to live independently in their own home, near family and friends, as well as helping to improve or create shelters for women and children who are victims of family violence and preserve housing for people who are at risk of homelessness.
CMHC’s Affordable Housing Initiative (AHI) provides funding for the provision of new housing for low income and vulnerable Canadians, including women. Since its inception, as of March 31, 2010, some $1.06 billion has been committed and/or announced under the AHI, for the provision of almost 47,000 units across Canada.
Canada’s Economic Action Plan builds on the $1.9 billion in housing and homelessness funding by taking action to strengthen Canada’s economy with a one-time investment of more than $2 billion over the two years to build new, and repair existing social housing. This funding includes:
• $1 billion to support repairs to social housing ($850 million to be cost matched with provinces and territories where they administer the programs, and $150 million for existing social housing programs administered by CMHC);
• $600 million for new housing and repairs to existing housing on-reserve and in the North ($400 million for on-reserve and $200 million for the North);
• $400 million to build more housing for low-income seniors; and,
• $75 million for new housing for people with disabilities.
The Government of Canada, through Indian and Northern Affairs Canada and CMHC, spends approximately $277 million a year to address housing needs of Aboriginals on-reserve, including many Aboriginal women and their children. This supports the construction of about 2,300 new units, the renovation of some 3,300 units each year, ongoing subsidies for a portfolio of about 29,100 units of existing rental housing, and an investment in capacity building for First Nations peoples living on-reserve.
Through CMHC, the Affordable Housing Centre supports the development of affordable housing by working with the private, public and non-profit sector at a local level to connect individuals and organizations with the resources, knowledge and contacts to make their projects a reality. The Centre offers a broad range of products and services, including a comprehensive inventory of information, tools and resources from its website, as well as financial assistance including Seed Funding grants and loans, interest-free Proposal Development Funding and more flexible financing options through mortgage loan insurance to facilitate the financing of affordable housing. Since its inception in 1991, the Centre's team of experts has facilitated the production of over 53,000 affordable housing units for low-income clients, including families with children, and older women.
Provincial Legislation
The provinces and territories have legislation regulating many aspects of housing, and providing financial and other assistance for housing, on an equal access basis. The provinces have provincial legislation to govern the issues of housing such as the Alberta Housing Act in the Province of Alberta. This Act includes a provision that ensures that public housing be governed efficiently, that management bodies operate and administer housing accommodation for persons in greatest need of that type of housing accommodation. As is also the case with most provinces, Alberta has a Residential Tenancies Act which covers obligations of landlords and tenants toward rental accommodation within the province.
In Ontario, the Ministry of Municipal Affairs and Housing (MMAH) is committed to equality for women in all spheres and is statutorily prohibited to discriminate on the basis of sex. In addition, the Human Rights Code affirms the rights guaranteed in s. 15 of the Canadian Charter of Rights and Freedoms and includes additional protections with regard to housing, including section 2(1): “Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of... sex...” and section 7(1): “Every person who occupies accommodation has a right to freedom from harassment because of sex...”. Section 32 of the Code also outlines a person’s right to file a complaint with the Ontario Human Rights Commission in the event that the above-mentioned rights are infringed.
In Québec, various laws have been adopted with respect to housing, notably the Loi sur la Société d’habitation du Québec and the Loi sur l’Habitation familiale. In addition, certain Civil Code provisions pertain to the rights and responsibilities of citizens with regard to social housing.
In New Brunswick, the Human Rights Act prohibits property owners from using any of the personal characteristics,listed in the Code as factors in determining to whom, or in what manner, they will rent, sell or lease property. Property owners are jointly liable for the discriminatory acts of their property managers or other employees. Refusing to rent or sell a property to someone based on their sex is a prohibited behaviour under the New Brunswick Human Rights Act. The New Brunswick Human Rights Commission has issued its Guideline on Discrimination in the Housing Sector which can be found here:
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Question 2
There are no national laws of general application protecting women’s rights to division of property on divorce or inheritance law, as these matters fall within provincial/territorial jurisdiction.
In order to recognize the importance of non-financial contributions of women to the accumulation of family property, as of the mid 1970’s each province and territory began enacting comprehensive matrimonial property statutes to provide for the fair distribution of property in the event of marital breakdown or the death of a spouse. These statutes vary and in some jurisdictions the matrimonial property regime is extended to unmarried couples (as defined in the statute). Other jurisdictions allow unmarried couples to adopt the statutory rules by contract. In addition, equitable remedies may be available to unmarried couples under the Common Law in jurisdictions where they are not included in the legislative matrimonial property regime.
As discussed above, women are equal before the law in every respect by virtue of section 15 of the Charter regardless of their marital status. Provincial/territorial legislation governing property rights, contractual rights, etc. does not distinguish between men and women's capacity to enter into contracts or inherit property.
The Indian Act governs the rights of individuals living on reserve, both men and women, with regard to reserve land, including on death and inheritance. With regard to division of property on divorce for those living on First Nation reserve lands, a bill that would provide for equal protection for men and women - Bill S-4, "An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves" has recently been passed by the Senate and is currently before the House of Commons
Canada Pension Plan (CPP) allows for credit splitting, which is the division of CPP contributory credits, upon divorce or separation of married spouses or the breakdown of a common-law union. It enables former spouses and partners to equally share CPP credits earned during the period of cohabitation. Either individual may request credit splitting. In 2005, 95% of all credit-splitting applicants were women, the vast majority of whom benefited from the provision.
Workplace pension plans in Canada fall under both federal and provincial legislation. The Pensions Benefits Standards Act, 1985 applies to federally regulated pension plans. This legislation allows for the assignment of pension benefits, pension benefit credits or other benefit to a member’s spouse, former spouse, common-law partner, or former common-law partner in the case of divorce, annulment, separation, or breakdown of common-law partnership. This is done based on either an agreement between the parties or a court order. Note that benefits under a pension plan are also subject to the applicable provincial property law.
Question 3
In 2006, there were 12.4 million households in Canada, of these, 38% or some 4.7 million were female led households, including about 1,845,000 women living alone and 1,005,000 female led lone parent households. The remainder of female led households are couples with and without children and non-family households such as two unrelated people living in the same household.
Two tables are attached showing homeownership by gender. One shows homeownership by area of residence and type of dwelling, the other by age of primary maintainer and family type.
A review of housing conditions and trends in Canada and the key factors behind them is presented in CMHC’s Canadian Housing Observer’s Report. The 2009 edition (and earlier editions) can found at cmhc.ca.
Question 4
In general, housing in Canada is assessed against three standards: i) adequate in condition; i.e. it has basic facilities and does not require major repairs; ii) suitable in size; i.e. it has enough bedrooms according to the National Occupancy Standard; and iii) affordable; i.e. shelter costs are less than 30% of before-tax household income. A household is said to be in core housing need if its housing falls below at least one of the three housing standards – adequacy, suitability and affordability – and would have to spend 30% or more of its income to pay the median rent of alternative local market housing that meets all three standards. The data used to calculate the incidence of core housing need are based on results from the 2006 Census. Core housing need estimates do not include farm, band, or on-reserve households.
In 2006, more than 87% of households were well housed or have sufficient revenue to be well housed. Hence, a little less than 13% of all households were in core housing need in 2006. Of the total population living in households in core housing need, 1.79 million or 56% are female and 44% are male. Affordability is the main contributing factor to core housing need, as compared to adequacy and suitability. Nearly 90% of households in core housing need had an affordability problem.
With respect to the total population of individual women and girls in Canada in 2006, 88% lived in households that were, or could have afforded to be, well-housed. Hence, 12% of the female population lived in households in core housing need, a higher proportion than the male population (10%). The incidence of core housing need in 2006 decreased for women from 13% in 2001 and remained mostly unchanged for men from 10% in 2001.
Women-led households in general had a greater incidence of core housing need than men-led households (19% compared to 9% respectively, in 2006). Of women living alone, 75% were well housed or had sufficient incomes to be able to rent local housing that met all standards in 2006. Hence, of women living alone, 25% were in core housing need. Some 28% of female seniors (defined as age 65 or older) living alone were in core housing need. This compares to 19% and 20% of men living alone and senior men living alone respectively.
With respect to female lone parent households, some 71% were well housed or had sufficient incomes to be able to rent local housing that met all standards in 2006. Hence, 29% of female lone parent households were in core housing need. This represents a decrease of nearly 9% since 2001. For male lone parent households, 15% were in core housing need in 2006, representing a decrease of 10% since 2001.
In terms of housing tenure, in Canada of all households 6% of owner households are in core housing need, and 27% of renter households are in core housing need in 2006. For female-lone parent households, 15% of homeowner households and 45% of tenant households were in core housing need. Comparable percentages for male lone parent households were 9% of homeowner households and 28% of tenant households.
In regard to women and girls with disabilities, 18% were in households in core housing need in 2006, a higher incidence than for males with disabilities (14%).
For Aboriginal women and girls living off-reserve, 76% lived in adequate, suitable, and affordable housing or in households that could afford to do so. Hence, 24% were in households in core housing need, as compared to 21% of male Aboriginals.
Housing Need in First Nation Communities:
Compared to Aboriginal households living outside reserves, on-reserve Aboriginal households were 2.6 times as likely to live in crowded conditions and be unable to afford acceptable housing in 2006, and 5 times as likely to live in housing in need of major repair and be unable to afford acceptable housing.
Women living on reserve face additional challenges to current housing conditions. In the event of marriage dissolution, provincial courts have no jurisdiction to award an interest in the matrimonial home, which is usually in the legal possession of the husband. This often results in women having to leave the reserve, especially where communities do not have housing policies that address such situations. On March 31, 2010, the Government of Canada introduced legislation in the Senate to resolve the issue of on-reserve matrimonial real property. With the proposed legislation the Government of Canada is filling a legislative gap that will afford protections to women and children living on-reserve that are similar to those now available to women and children living elsewhere. The proposed legislation would provide immediate protections on the fair division of the family home to residents living on-reserve when facing the breakdown of a relationship or death of a spouse. It would also provide protection in instances of family violence through measures such as emergency protection orders.
Women wishing to leave their living situation in the event of violence in the home or relationship breakdown have limited housing alternatives on reserve. In many cases choices are restricted to: staying in the current living situation; moving in with another household that may already be crowded; or moving off reserve. In cases where women’s shelters are available, transitional housing from emergency shelter to stable and secure housing may not be available.
|Homeownership Rates in Canada, by Gender, 2006 |
| | |Homeownership rate |
| | |(%) |
|All households |All Ages |68.4 |
| |Primary Maintainer aged 15 to 65 |45.2 |
| |Primary Maintainer aged 65+ |72.2 |
|Female-led households |All Ages |58.6 |
| |Primary Maintainer aged 15 to 65 |38.8 |
| |Primary Maintainer aged 65+ |61.1 |
|Male-led households |All Ages |74.5 |
| |Primary Maintainer aged 15 to 65 |50.4 |
| |Primary Maintainer aged 65+ |80.7 |
|Female lone-parent households |All Ages |52.5 |
| |Primary Maintainer aged 15 to 65 |23.5 |
| |Primary Maintainer aged 65+ |75.6 |
|Male lone-parent households |All Ages |64.9 |
| |Primary Maintainer aged 15 to 65 |43.7 |
| |Primary Maintainer aged 65+ |77.8 |
|Female one-person households |All Ages |48.7 |
| |Primary Maintainer aged 15 to 65 |24.8 |
| |Primary Maintainer aged 65+ |54.6 |
|Male one-person households |All Ages |46.7 |
| |Primary Maintainer aged 15 to 65 |31.5 |
| |Primary Maintainer aged 65+ |58.4 |
|Notes: | | |
|Includes all private households |
| | | |
|Source: CMHC (Adapted from Statistics Canada, Census of Canada) |
|Structural type of dwelling, by gender of the primary household maintainer, and area of residence, Canada, 2006 |
| |All households |Female-led households |Male-led households |
| |Count |Ownership Rate |Count |Ownership Rate |Count |Ownership Rate |
| |(#) |(%) |(#) |(%) |(#) |(%) |
|Canada |12,437,470 |68.4 |4,733,465 |58.6 |7,704,000 |74.5 |
|Structural type of dwelling | | | | | | |
| Single-detached house |6,879,965 |92.0 |2,110,985 |88.8 |4,768,980 |93.4 |
| Apartment |4,066,470 |27.8 |1,969,380 |24.3 |2,097,080 |31.2 |
| Other single-attached house |37,735 |50.0 |14,775 |44.1 |22,960 |53.8 |
| Row house |695,145 |63.2 |333,835 |57.7 |361,310 |68.3 |
| Semi-detached or double house |595,615 |76.0 |245,415 |70.5 |350,200 |79.9 |
| Movable dwellings |162,535 |84.3 |59,070 |81.2 |103,465 |86.1 |
|Household lives in a Census Metropolitan Area (CMA) |8,401,880 |65.3 |3,289,680 |56.1 |5,112,200 |71.3 |
|Structural type of dwelling | | | | | | |
| Single-detached house |3,909,420 |94.2 |1,186,445 |91.9 |2,722,980 |95.2 |
| Apartment |3,410,760 |29.3 |1,631,080 |26.0 |1,779,680 |32.3 |
| Other single-attached house |18,215 |47.9 |7,250 |42.5 |10,970 |51.5 |
| Row house |578,815 |67.9 |272,220 |62.8 |306,590 |72.4 |
| Semi-detached or double house |444,730 |83.4 |176,940 |79.6 |267,785 |85.9 |
| Movable dwellings |39,935 |87.6 |15,745 |85.9 |24,190 |88.7 |
|Household lives in a Census Agglomeration (CA) |1,689,520 |69.6 |648,805 |58.5 |1,040,715 |76.5 |
|Structural type of dwelling | | | | | | |
| Single-detached house |1,062,085 |91.3 |335,470 |87.6 |726,610 |93.0 |
| Apartment |424,300 |20.1 |218,795 |16.2 |205,505 |24.2 |
| Other single-attached house |6,255 |42.0 |2,455 |39.7 |3,795 |43.3 |
| Row house |70,400 |44.5 |37,120 |40.1 |33,280 |49.5 |
| Semi-detached or double house |81,855 |58.8 |37,770 |53.0 |44,085 |63.8 |
| Movable dwellings |44,620 |86.1 |17,190 |83.7 |27,435 |87.6 |
|Household does not live in a CMA or CA |2,346,070 |78.7 |794,980 |69.0 |1,551,090 |83.6 |
|Structural type of dwelling | | | | | | |
| Single-detached house |1,908,455 |87.9 |589,065 |82.9 |1,319,395 |90.0 |
| Apartment |231,405 |21.1 |119,515 |15.3 |111,890 |27.2 |
| Other single-attached house |13,265 |56.6 |5,075 |48.2 |8,195 |61.7 |
| Row house |45,930 |32.1 |24,490 |27.5 |21,440 |37.4 |
| Semi-detached or double house |69,025 |49.0 |30,700 |39.4 |38,325 |56.8 |
| Movable dwellings |77,975 |81.7 |26,135 |76.7 |51,845 |84.1 |
|Notes: | | | | | | |
|A Census Metropolitan Area is a community (or group of communities) with a minimum population of 100,000 and situated around an urban core population of 50,000. |
|A Census Agglomeration is a community (or group of communities) situated around an urban core population of 10,000. |
|Apartments include apartment units in a detached duplex, in buildings with less than 5 storeys and in buildings with 5 or more stories |
|Movable dwellings include mobile homes and other movable dwellings |
|Includes all private households |
| | | | | | | |
Question 5
According to available data and knowledge, Canadian women and men enjoy equal access to social programs.
Question 6
Canadian courts have jurisdiction to determine allegations that laws, policies or practices of all levels of government or the actions of their officials violate human rights and to review decisions of administrative boards, commissions and tribunals to ensure that these are not inconsistent with human rights legislation.
The Canadian Constitution expressly provides that any law that is inconsistent with the Constitution is of no force and effect, enabling Canadian courts to strike down laws held to be inconsistent with the Charter. For example, any law which would discriminate against women and/or girls and which is not demonstrably justified in a free and democratic society would be struck down as inconsistent with the Charter and therefore of no force and effect.
Canada’s human rights commissions and tribunals are independent statutory bodies created by federal, provincial and territorial human rights legislation (see above). They are generally mandated to mediate and investigate complaints of discrimination under the prohibited grounds found in their respective legislation. Other administrative bodies, such as labour relations boards, have jurisdiction to investigate particular human rights issues that arise from their specific mandates. All administrative bodies mandated to apply law must do so in a manner consistent with the Canadian Charter of Rights and Freedoms.
ANNEX A: Questions 3a and 3c
Below is a list of Excel tables located in the Annex relating to Questions 3a & 3c: The labour situation in the country as a whole, include data disaggregated by sex, age, race, ethnicity, and type of work performed. Data is taken from either the July 2010, Labour Force Survey or Census 2006.
TABLE 1
Table 1a – Unemployment Rate by Age and Gender, June 2010 (seasonally adjusted)
Table 1b – Employment Rate by Age and Gender, June 2010 (seasonally adjusted)
Table 1c – Participation Rate by Age and Gender, June 2010 (seasonally adjusted)
Source: Labour Force Survey
TABLE 2
Table 2 – Labour Market Activity by Province and Gender, Age 15 +, June 2010 (seasonally adjusted)
Table 3 – Employment by Occupation and Gender, Age 15+ (seasonally adjusted)
Source: Labour Force Survey
TABLE 3
Table 4 - Part-time Employment by Gender and Age-group, June 2010 (seasonally adjusted)
Table 5 – Employment by Employee/Self-employed Status and Gender, June 2010 (seasonally adjusted)
Source: Labour Force Survey
TABLE 4
Table 6a – Labour Force Activity (Unemployment Rate, Employment Rate, and Participation Rate) by Ethnic Origin and Gender, Age 15+
Source: Census 2006
TABLE 5
Table 6b – Labour Force Activity (Unemployment Rate, Employment Rate, and Participation Rate) by Ethnic Origin and Gender, Age 15-24
Source: Census 2006
TABLE 6
Table 6c – Labour Force Activity (Unemployment Rate, Employment Rate, and Participation Rate) by Ethnic Origin and Gender, Age 25-54
Source: Census 2006
TABLE 7
Table 7a – Unemployment Rate by Aboriginal Identity and Gender, Age 15+ (Three Month Moving Average)
Table 7b – Employment Rate by Aboriginal Identity and Gender, Age 15+ (Three Month Moving Average)
Table 7c – Participation Rate by Aboriginal Identity and Gender, Age 15+ (Three Month Moving Average)
Source: Census 2006
ANNEX A: Questions 3a and 3c
TABLE 1
|Table 1a - Unemployment Rate by Age and Gender |
|June 2010 (seasonally adjusted) |
| | Men | Women |Both sexes |
|15 years and over |8.6 |7.1 |7.9 |
|15-64 years |8.7 |7.2 |8 |
|15-24 years |16.6 |12.5 |14.6 |
|25 years and over |7.2 |6.1 |6.7 |
|25-54 years |7.4 |6.3 |6.9 |
|55 years and over |6.6 |5.1 |5.9 |
| | | | |
|Table 1b - Employment Rate |
|June 2010 (seasonally adjusted) |
| | Men | Women |Both sexes |
|15 years and over |65.9 |58.3 |62.1 |
|15-64 years |74.7 |69.2 |71.9 |
|15-24 years |54.5 |57.1 |55.8 |
|25 years and over |68.2 |58.5 |63.3 |
|25-54 years |84.2 |77.3 |80.7 |
|55 years and over |39.5 |28.6 |33.8 |
| | | | |
|Table 1c - Participation Rate |
|June 2010 (seasonally adjusted) |
| | Men | Women |Both sexes |
|15 years and over |72.2 |62.8 |67.4 |
|15-64 years |81.8 |74.6 |78.2 |
|15-24 years |65.3 |65.3 |65.3 |
|25 years and over |73.5 |62.3 |67.8 |
|25-54 years |90.9 |82.5 |86.7 |
|55 years and over |42.3 |30.1 |35.9 |
ANNEX A: Questions 3a and 3c
TABLE 2
|Table 2 - Labour Market Activity by Province, Age 15 + June 2010 (seasonally adjusted) |
| |Unemployment Rate |Employment Rate |Participation Rate |
|Newfoundland and Labrador |14.7 |50.7 |59.4 |
|Prince Edward Island |12.3 |60.6 |69.1 |
|Nova Scotia |8.8 |59 |64.7 |
|New Brunswick |9.3 |57.9 |63.9 |
|Quebec |7.8 |60.5 |65.7 |
|Ontario |8.3 |61.9 |67.6 |
|Manitoba |5.3 |66.3 |70.1 |
|Saskatchewan |5.5 |66.8 |70.6 |
|Alberta |6.7 |68.4 |73.3 |
|British Columbia |7.8 |60.9 |66 |
TABLE 3
|Table 3 - Employment by Occupation and Gender, Age 15 + (,000) |
|(seasonally adjusted) |
| |Male |Female |Both Sexes |
|Total, all occupations |8,976.4 |8,256.5 |17,232.9 |
|Management Occupations |973.9 |579.7 |1,553.6 |
|Business, Finance and Administrative Occupations|905.6 |2,197.3 |3,102.9 |
|Health Occupations |201.4 |884.9 |1,086.3 |
|Occupations in Social Science, Education, |494.6 |1,134.9 |1,629.5 |
|Government Service and Religion | | | |
|Sales and Service Occupations |1,804.8 |2,391.8 |4,196.6 |
|Trades, Transport and Equipment Operators and |2,328.9 |168.1 |2,497.0 |
|Related Occupations | | | |
|Occupations Unique to Processing, Manufacturing |574.0 |210.6 |784.6 |
|and Utilities | | | |
|Natural and Applied Sciences and Related |991.4 |278.5 |1,269.9 |
|Occupations | | | |
|Occupations in Art, Culture, Recreation and |247.5 |297.1 |544.6 |
|Sport | | | |
|Occupations Unique to Primary Industry |454.2 |113.6 |567.8 |
ANNEX A: Questions 3a and 3c
TABLE 4
|Table 4 - Part-time Employment by Gender and Age-group |
|June 2010 (seasonally adjusted) |
| |Male |Female |Both sexes |
| |Employment (,000) |Share (%) |Employment (,000) |Share (%) |Employment (,000) |Share (%) |
|15 years and over |1057.7 |32.6 |2188.5 |67.4 |3246.1 |100 |
|15-24 years |473.7 |14.6 |662.6 |20.4 |1136.3 |35 |
|55 years and over |
| |Male |Female |Both sexes |
| |Employment (,000) |Share (%) |Employment (,000) |Share (%) |Employment (,000) |
|Total Employed |8,996.6 |52.3 |8,193.3 |47.7 |17,189.8 |
|Employees |7,225.1 |49.8 |7,270.0 |50.2 |14,495.2 |
|Self-employed |1,771.4 |65.7 |923.2 |34.3 |2,694.7 |
ANNEX A: Questions 3a and 3c
TABLE 6 – a to f
|Table 6a - Labour Force Activity by Ethnic Origin and Gender, Age 15 + |
|2006 Census |
| |Male |Female |Both sexes |
| |
|2006 Census |
| |
|2006 Census |
| |
|2006 Census |
| |Male |Female |Both sexes |
| |
|2006 Census |
| |Male |Female |Both sexes |
| |
|2006 Census |
| |Male |Female |Both sexes |
| |
|Three Month Moving Average |
| |Male |Female |Both sexes |
|Total |9 |7 |8 |
| Non-Aboriginal |8.8 |6.9 |7.9 |
| Aboriginal |16.4 |12.9 |14.7 |
| North American Indians |21 |17 |18.9 |
| Métis |10.8 |12.4 |9 |
| | | | |
| |
|Table 7b - Employment Rate by Aboriginal Identity and Gender, Age 15 + |
|Three Month Moving Average |
| |Male |Female |Both sexes |
|Total |65.9 |58.8 |62.3 |
| Non-Aboriginal |66.1 |58.9 |62.5 |
| Aboriginal |56.2 |52.6 |54.3 |
| North American Indians |48.2 |46.8 |47.5 |
| Métis |64.2 |59.1 |61.7 |
| Inuit |56.1 |56.2 |56.1 |
| | | | |
|Table 7c - Participation Rate by Aboriginal Identity and Gender, Age 15 + |
|Three Month Moving Average |
| |Male |Female |Both sexes |
|Total |72.4 |63.2 |67.7 |
| Non-Aboriginal |72.5 |63.2 |67.8 |
| Aboriginal |67.2 |60.4 |63.7 |
| North American Indians |61 |56.4 |58.5 |
| Métis |73.3 |65 |69.1 |
| Inuit |71.8 |60.4 |65.9 |
ANNEX B: Questions 3a and 3c
Note on the Census question regarding ethnic origin and visible minorities:
▪ The terms used in Census 2006 are ‘ethnic origin” or “visible minority as defined in the Employment Equity Act)
▪ The 2006 Census ethnic origin question asked 'What were the ethnic or cultural origins of this person‘s ancestors. The 2006 Census ethnic origin question provided 26 examples of ethnic and cultural origins. It is not possible to list all of Canada's more than 200 ethnic or cultural groups on the census questionnaire.
▪ Some of the ethnic origin groups used in Census are: Japanese; Chinese, South Asian, Black, Filipino; Latin American; Southeast Asian; Arab; Korean.
Other close concepts used in Census 2006 are: “Population group”, and “Visible minority population”.
The first time a population group question was asked in the census was in 1996. In 1986 and 1991, data on visible minorities were derived from responses to the ethnic origin question, in conjunction with other ethno-cultural information, such as language, place of birth and religion.
The population group question on the census is used to derive counts for the visible minority population in Canada, as defined by the Employment Equity Act (1986). The Employment Equity Act defines visible minorities as 'persons, other than Aboriginal peoples, who are non-Caucasian in race or non-white in colour'.
Respondents in Census 2006 were asked to mark or specify one or more of the following: White, Chinese, South Asian (e.g., East Indian, Pakistani, Sri Lankan, etc.), Black, Filipino, Latin American, Southeast Asian (e.g., Vietnamese, Cambodian, Malaysian, Laotian, etc.), Arab, West Asian (e.g., Iranian, Afghan, etc.), Korean, Japanese, Other-Specify.
Annex C
Key Federal Supports for Families with Children
The Government of Canada supports a variety of services and programs focused on the wellbeing of children and their families.
Child Care Expense Deduction (CCED)
Through the CCED, the federal government recognizes the costs of earning income for parents by enabling them to deduct allowable child care costs when filing a personal tax return. Through the CCED, a taxpayer is allowed to deduct child care costs to:
• a maximum of $10,000 per year for each eligible child in respect of whom the taxpayer may claim the disability tax credit for the year;
• a maximum of $7,000 per year for each eligible child who is under 7 years of age at the end of the year; and
• a maximum of $4,000 per year for each eligible child who is between 7 and 16 years of age.
Universal Child Care Benefit (UCCB)
Effective July 2006 families receive $100 per month (up to $1,200 per year) for each child under six. Payments are made directly to families so that they can choose the child care that best meets the needs of their family. This benefit provides 1.5 million Canadian families with approximately $2.6 billion annually in financial support. The UCCB does not affect the benefits families receive under other programs such as the Canada Child Tax Benefit, which includes the National Child Benefit Supplement, the new Child Tax Credit and the Child Care Expense Deduction.
Child Tax Credit
In 2007, the Government of Canada announced a non-refundable Child Tax Credit for parents of $2,000 (indexed to $2,101 for 2010) for each child under age 18. This new tax credit provides a tax value of over $300 per child of tax relief to more than 3 million Canadian families.
Canada Child Tax Benefit (CCTB) & the National Child Benefit Supplement (NCBS)
The CCTB is a broad-based refundable tax-free income-tested monthly cash benefit for children to age 18 providing income support to low- and middle-income families with additional income support being provided to low-income families through the NCBS.
Working Income Tax Benefit
The Government introduced the Working Income Tax Benefit in 2007 with an initial investment of $550 million annually, which was was effectively doubled in Budget 2009, increasing both the maximum benefit amount and the eligibility limits for receiving the WITB. The Working Income Tax Benefit is a refundable tax credit aimed at making work more rewarding for low-and modest-income Canadians. While it does not have a child component, its definition of “family” includes lone parents.
First Nations and Inuit Child Care Initiative
The First Nations and Inuit Child Care Initiative (FNICCI) supports First Nations and Inuit communities in developing and implementing child care programs designed to address their local and regional needs. The objective of the initiative is to increase the supply of quality child care services in First Nations and Inuit communities. FNICCI subsidized approximately 8,500 child care spaces in 530 First Nations and & Inuit communities. Most of the spaces are dedicated to children under six; however, children age seven to twelve are eligible for after-school care.
-----------------------
[1]
0.
1. [2] Note that seasonally adjusted data is not available for part-time work, so the percentages are based on seasonally unadjusted data.
2. [3] Due to data limitations the Labour Force Survey does not collect information on Aboriginal people living on reserves. Data discussed for the Aboriginal population is from the July 2010, Labour Force Survey, and uses a three month moving average.
[4] Labour market data for ethnic groups is available only from the Canadian Census and data is provided for 2006.
0.
1. [5] All data is from Labour Force Survey
2. [6] Data for Nunavut is not available
3. [7] Due to data limitations the Labour Force Survey does not collect information on Aboriginal people living on reserves. Data discussed for the Aboriginal populations is from the July 2010, Labour Force Survey, and uses a three month moving average.
4.
5. [8] This identity group is also refereed to in Statistics Canada’s surveys as North American Indian
6. [9] The high school non-completion rate is measured as the share of 20-to-24 year-olds who are not attending school and who have not graduated from high school.
7. [10] Based on evaluations from 1989, 1995 and 2002 for public housing, non-profit housing, co-ops and rural native housing.
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CIM02908T01
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