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Archived - Terms of Reference

Federal Labour Standards Review Commission

Harry Arthurs

IN THE MATTER OF A REVIEW OF PART III OF THE CANADA LABOUR CODE (LABOUR STANDARDS)

WHEREAS the Canada Labour Code, Part III, (Labour Standards) establishes basic working conditions which are intended to promote fair, stable, cooperative and productive workplaces, while maintaining workplace flexibility;

WHEREAS the following developments have profoundly affected the workplace:

• the changing nature of work, growth of knowledge-based economy, and need for extensive learning in the workplace;
• intensity of competition in the global marketplace with corresponding increased pressure on workplace productivity and responsiveness;
• increased heterogeneity of the workplace - new forms of workplace structures and new forms of employment relationships;
• increased work-life pressures and the need to accommodate evolving family structures;
• demographic changes - such as increasing diversity (immigrants, visible minorities, Aboriginals) and aging of the workforce;

WHEREAS there are linkages between the coverage and protections provided by Part III and Part I of the Canada Labour Code;

NOW THEREFORE, the Minister of Labour and Housing appoints

Harry Arthurs pursuant to Sections 106 and 248 of the Canada Labour Code to conduct a comprehensive review of Part III of the Canada Labour Code, taking into account the above noted developments and other factors he may consider pertinent, and to make recommendations for legislative changes with a view to modernizing and improving the relevance and effectiveness of federal labour standards, including their relationship to collective agreements, and to the relevant definitions related to employment under the Canada Labour Code.  Mr. Arthurs may also make recommendations of a non-legislative nature which identify options for consideration by government, business, and labour in light of the changing world of work.  Mr. Arthurs is to hold consultations in the manner he deems productive with labour and management organizations whose members are subject to the Code as well as with any other interested individuals, experts, or groups which he feels would assist him in achieving his goals.  Mr. Arthurs is to submit a final written report to the Minister of Labour and Housing no lather than

January 31, 2006, subject to extension at the discretion of the Minister.

Mr Arthurs, with the prior approval of the Minister of Labour and Housing, may retain such assistance as is necessary to facilitate his or her work.

IN WITNESS WHEREOF the Minister of Labour and Housing has hereto set his hand this 1^st day of October, 2004.

Daphne Taras, Gilles Trudeau and Sherry Liang

IN THE MATTER OF A REVIEW OF PART III OF THE CANADA LABOUR CODE (LABOUR STANDARDS)

WHEREAS the Canada Labour Code, Part III, (Labour Standards) establishes basic working conditions which are intended to promote fair, stable, cooperative and productive workplaces, while maintaining workplace flexibility;

WHEREAS the following developments have profoundly affected the workplace:

• the changing nature of work, growth of knowledge-based economy, and need for extensive learning in the workplace;
• intensity of competition in the global marketplace with corresponding increased pressure on workplace productivity and responsiveness;
• increased heterogeneity of the workplace - new forms of workplace structures and new forms of employment relationships;
• increased work-life pressures and the need to accommodate evolving family structures;
• demographic changes - such as increasing diversity (immigrants, visible minorities, Aboriginals) and aging of the workforce;

WHEREAS there are linkages between the coverage and protections provided by Part III and Part I of the Canada Labour Code;

NOW THEREFORE, the Minister of Labour and Housing appoints Daphne Taras, Gilles Trudeau and Sherry Liang pursuant to Sections 106 and 248 of the Canada Labour Code to provide expert advice and  assistance as part of a comprehensive review of Part III of the Canada Labour Code, taking into account the above noted developments and other factors they may consider pertinent, and which would support recommendations for legislative changes with a view to modernizing and improving the relevance and effectiveness of federal labour standards, including their relationship to collective agreements, and to the relevant definitions related to employment under the Canada Labour Code.  Ms. Daphne Taras, Mr. Gilles Trudeau and Ms. Sherry Liang may also provide expert advice and assistance which would help identify non-legislative options for consideration by government, business, and labour in light of the changing world of work.  They may participate at consultations in the manner they deem productive with labour and management organizations whose members are subject to the Code as well as with any other interested individuals, experts, or groups which he feels would assist him in achieving other goals.  They will provide expert advice and assistance from time to time as required by the Minister of Labour and Housing until January 31, 2006, subject to extension at the discretion of the Minister.

Professors Daphne Taras, Gilles Trudeau and Ms. Sherry Liang, with the prior approval of the Minister of Labour and Housing, may retain such assistance as is necessary to facilitate his or her work.

IN WITNESS WHEREOF the Minister of Labour and Housing has hereto set his hand this 1^st day of October, 2004.

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Date Modified:

2011-11-22