Canadian Intergovernmental Agreement Regarding the Implementation of International Labour Cooperation Agreements

Preamble

affirming the commitment to promote the internationally-recognized labour rights and principles set out in labour cooperation agreements;

recognizing the roles and respective responsibilities of the federal, provincial and territorial governments in labour matters, particularly that workplaces and workforces in Canada for the most part fall within provincial or territorial responsibility;

affirming the importance of federal, provincial, and territorial partnership, cooperation and participation in developing and promoting the principles, rights and obligations in labour cooperation agreements;

confirming that nothing in this Canadian Inter-Governmental Agreement (CIGA) affects in any way the respective powers or jurisdictional authority of any of the signatories to this CIGA; and

recognizing that federal, provincial and territorial ministers responsible for labour have agreed that the following provisions provide a sound and appropriate basis for federal, provincial, and territorial cooperation in implementing Canada's labour cooperation agreements;

The Parties agree as follows:

Objectives

Article 1

The objective of this CIGA is to ensure the effective and efficient implementation and operation of the labour cooperation agreements listed in Annex 1 by:

  1. establishing a mechanism that will provide for and promote the full participation of the provincial and territorial governments with the federal government in the implementation, management and further elaboration of these agreements; and
  2. (b) defining the roles of the federal, provincial and territorial governments within this mechanism .

Rights and Obligations

Article 2

  1. Upon the entry into force of a new labour cooperation agreement, the federal government will inform the provincial and territorial governments of the opportunity to accept the rights and obligations under that agreement in accordance with this article.
  2. A provincial or territorial government may at any time provide the federal government with a signed commitment identifying which labour cooperation agreement or agreements listed in Annex 1 it agrees to be bound by and shall enjoy the rights and be bound by the obligations, in accordance with its jurisdiction, under any such labour cooperation agreement.
  3. The federal government enjoys the rights and is bound by the obligations, in accordance with its jurisdiction, under each labour cooperation agreement listed in Annex 1.

Governmental Committee

Article 3

  1. A Governmental Committee is hereby created to develop and manage, in accordance with the terms of this CIGA, Canada's involvement in the labour cooperation agreements listed in Annex 1.
  2. The Governmental Committee will be comprised of Ministers responsible for labour, or their designees, from each Party. It will be co-chaired by the federal government and one of the other governments, the latter chosen for a one-year term, and in a manner to be determined by the Governmental Committee. The Governmental Committee will meet as necessary.
  3. The Governmental Committee will be supported by a Committee of Senior Officials composed of representatives from each Party. Such meetings will be co-chaired and operate on the same basis as the Governmental Committee's meetings and will meet at least once a year and as necessary.
  4. The Governmental Committee will function on the basis of consensus. With respect to issues raised under an agreement listed in Annex 1, only the Governmental Committee members representing the federal government and governments which have provided a commitment pursuant to Article 2.2 in respect of that agreement shall be included in the determination of consensus. The Governmental Committee will otherwise determine its own rules of procedure.
  5. The Governmental Committee will perform its functions in a cost-effective manner, and to this end may invite existing intergovernmental mechanisms, such as the appropriate standing committee of the Canadian Association of Administrators of Labour Legislation (CAALL), to provide support as appropriate.
  6. Secretariat services for and as assigned by the Governmental Committee will be provided by the federal government.

Representation to the Ministerial Council Meetings

Article 4

  1. The federal Minister of Labour or designee will represent Canada on any Ministerial Council under the labour cooperation agreements listed in Annex 1.
  2. Canadian delegations to Council meetings will be determined by the Governmental Committee and will normally include a representative of at least one provincial or territorial government which has provided a commitment pursuant to Article 2.2 to be bound by the agreement to which the Council meeting pertains. The minister responsible for labour, or designee, of the provincial or territorial government co-chairing the Governmental Committee will be provided the first opportunity to participate in the delegation, unless that government is not bound by the agreement to which the Council meeting pertains.
  3. Participation in Council working groups will be established by the Governmental Committee.

Provision of Information

Article 5

  1. The Governmental Committee will provide a forum for the full and on-going exchange of information regarding issues related to the implementation and operation of the agreements listed in Annex 1, including:
    1. requests for information to the federal government from a foreign government party to an agreement;
    2. communications received under the agreements from the public on labour law matters;
    3. practices on the part of a foreign government party to an agreement that may be inconsistent with that agreement's obligations;
    4. dispute resolution under the agreements;
    5. cooperative activities under the agreements; and
    6. periodic reviews of the agreements.
  2. The federal government will immediately convey to the Governmental Committee and to any provincial or territorial government that is the object of such request, any request within the meaning of paragraph 5(1)(a).
  3. Where a request under paragraph 5(1)(a) concerns a particular provincial or territorial government which has provided a commitment pursuant to Article 2.2 in respect of that agreement:
    1. the federal government will only respond to this request after the provincial or territorial government concerned has been afforded a reasonable opportunity to provide written information to the federal government and advice regarding the information that may be conveyed and the information that must be withheld in accordance with the relevant agreement listed in Annex 1 and domestic law;
    2. that provincial or territorial government will prepare an appropriate response in consultation with the Governmental Committee and will transmit the response to the federal government for submission to the requesting Party; and
    3. in preparing any response, governments shall ensure that all the rights and obligations of the relevant agreement listed in Annex 1 are respected, including any on Protection of Information.
  4. Where a request under paragraph 5(1)(a) concerns the practices of the federal government, any provincial or territorial government may provide appropriate advice or assistance.
  5. The federal government shall periodically provide to the appropriate CAALL standing committee a general summary of developments pertaining to the implementation and operation of the labour cooperation agreements listed in Annex 1.

Cooperative Consultations and Resolution of Disputes

Article 6

  1. Any request for consultations or any public communication which may warrant a request for consultations pursuant to one of the agreements listed in Annex 1, whether the consultation be at the official or Ministerial level, shall promptly be brought to the attention of the Governmental Committee by the federal government.
  2. Where the request pertains to a provincial or territorial matter, the Governmental Committee shall have the opportunity to discuss the matter before consultations occur. In the case of such requests concerning the practices of the federal government, any provincial or territorial government may provide appropriate advice or assistance.
  3. Where the request pertains to a province or territory which has provided a commitment pursuant to Article 2.2 in respect of that agreement, that government shall promptly provide the relevant data or information to the federal government for transmission to the requesting foreign government party. The consultations shall include representation from both the federal government, as the head of delegation, and the other provincial or territorial government concerned.
  4. Notwithstanding the general rule of consensus, if the federal government or a provincial or territorial government that has provided a commitment pursuant to Article 2.2 in respect of an agreement listed in Annex 1 brings to the attention of the Governmental Committee practices on the part of another foreign government party to that agreement that may be inconsistent with that party's obligations, the federal government, after an opportunity for discussion and comment in the Governmental Committee, will as a general rule pursue the matter in accordance with the terms of the agreement in question.

Article 7

  1. The federal government will immediately convey to the Governmental Committee any request to convene an Evaluation Committee of Experts (ECE), a Review Panel, an Arbitral Panel, a special session of the Ministerial Council, or other dispute resolution body pursuant to any agreement listed in Annex 1.
  2. Where the request pertains to the practices of a provincial or territorial government that has provided a commitment pursuant to Article 2.2 in respect of that agreement, that government will prepare comments on the information submitted to the body, written submissions, written views on any draft report and written responses to recommendations in any final report of the body. The government concerned shall prepare this material in consultation with the Governmental Committee and it shall be provided to the federal government for submission to the appropriate body. The material submitted will be shared with the other provincial or territorial governments.
  3. Where a request pertains to the practices of the federal government, any provincial or territorial government may provide appropriate advice or assistance.
  4. The Canadian delegation to any of the above dispute resolution bodies will include representatives from any provincial or territorial government that has provided a commitment pursuant to Article 2.2 and whose enforcement practice is the subject of the dispute.
  5. In the case of a dispute resolution proceeding concerning the practices of a particular provincial or territorial government under which that government could be subject to a monetary enforcement assessment or other obligation imposed as a result of the proceeding, the dispute settlement procedures will be led and positions established by the government or governments whose enforcement practice is the subject of the dispute. The federal government shall participate in all such proceedings and may be invited to co-manage those proceedings. In the case of such proceedings concerning the practices of the federal government, any provincial or territorial government may provide appropriate advice or assistance. The governments involved in the proceedings will provide information concerning the proceedings to the other provincial or territorial governments.
  6. The Governmental Committee will be kept informed and have an opportunity to comment on dispute resolution proceedings.

Article 8

  1. Any implementation of remedial measures or, pursuant to an agreement providing for such, payment of a monetary enforcement assessment, shall be the responsibility of the government whose labour law is the subject of the complaint under the agreement in question. That government shall take all necessary measures within its jurisdiction to implement the remedial measures or ensure payment of the monetary enforcement assessment imposed.
  2. The federal government will consult with the government whose labour law is the subject of a dispute prior to making any written declaration pursuant to the relevant agreement listed in Annex 1 as to whether the monetary enforcement assessment or action plan imposed shall be addressed to the federal government or the government of the province concerned.
  3. The federal government will seek to ensure that any monetary enforcement assessment expended in Canada will be expended in the jurisdiction whose enforcement practice was the subject of the complaint.

Cooperative Activities and Periodic Reviews

Article 9

  1. Provincial and territorial governments represented on the Governmental Committee shall have the opportunity, and are encouraged, to participate in cooperative activities under any agreement for which they have provided a commitment pursuant to Article 2.2. This can include hosting cooperative activities as well as participating in Canadian delegations to cooperative activities hosted by other foreign government parties to the agreement. The experiences of such governments in past cooperative activities shall be considered when the federal government is planning, negotiating, or modifying future activity programs.
  2. Provincial or territorial Governmental Committee members shall be involved in the periodic review of any labour cooperation agreement for which they have provided a commitment pursuant to Article 2.2. This shall include having the opportunity to provide written comments and recommendations with respect to the federal government's draft and final input into review reports. The federal government's input to other foreign government parties to the labour cooperation agreement will identify the provinces and territories which have contributed comments or recommendations.

Funding

Article 10

  1. Each Party shall bear the cost of its own participation in the ongoing implementation and operation of this CIGA and any agreement listed in Annex 1 for which it has provided a commitment pursuant to Article 2.2, including costs related to its participation in delegations, committees or working groups established under such agreements.

Entry into Force

Article 11

  1. This CIGA shall enter into force upon the signature of the federal government and a minimum of one provincial or territorial government and that provincial or territorial government providing the federal government with a commitment pursuant to Article 2.2. A provincial or territorial government may sign this CIGA and provide a commitment pursuant to Article 2.2 at any time.

Withdrawal

Article 12

  1. A provincial or territorial government may withdraw its commitment to be bound by a labour cooperation agreement listed in Annex 1 six months after providing written notice of such intention to the federal government and any provincial and territorial governments who have agreed to be bound by the same labour cooperation agreement.
  2. A provincial or territorial government may withdraw from this CIGA six months after it provides written notice pursuant to Article 12.1 to withdraw from each agreement in respect of which it had provided a commitment pursuant to Article 2.2.
  3. The federal government may terminate any agreement listed in Annex 1 six months after providing written notice of such intention to any provincial and territorial governments who have agreed to be bound by that agreement.

Periodic Review

Article 13

The Governmental Committee will oversee the implementation and operation of, and develop recommendations on, any further elaboration of this CIGA. To this end, the Committee shall, within three years after the date of entry into force of this CIGA, and every five years thereafter, review its operation and effectiveness in light of experience.

Amendments

Article 14

  1. Any amendment to this CIGA shall be by agreement of the Governmental Committee, with the exception of Annex 1, which may be amended by the Committee of Senior Officials pursuant to Article 14.4.
  2. In the event a provincial or territorial government that is not a Party to this CIGA is considering making a commitment pursuant to Article 2.2, and provides a letter of intent to the federal government reflecting this consideration, and it is also seeking an amendment to this CIGA, it shall have the opportunity to present its views to the Governmental Committee.
  3. Each future labour cooperation agreement signed by Canada shall be added to Annex 1 upon the entry into force of that labour cooperation agreement.
  4. Within 30 days of receiving from a provincial or territorial government a signed commitment pursuant to Article 2.2 or written notice of intent to withdraw from an agreement pursuant to Article 12.1, the Committee of Senior Officials shall amend Annex 1 to indicate the date that the government agreed to be bound or withdrew its commitment from such agreement. A copy of the revised Annex 1 shall be provided to the Parties to this CIGA.
  5. Following the amendment of Annex 1 pursuant to 14.4, the federal government will amend the declaration of the relevant Labour Cooperation Agreement accordingly.
  6. In the event that obligations of an international Labour Cooperation Agreement included in Annex 1 requiring implementation can not be implemented under this CIGA, a separate Annex will be developed to outline the implementation of those obligations.
  7. For the purpose of the development of a separate annex pursuant to Article 14.6, the Governmental Committee shall consult with all provincial and territorial governments and shall consider the views of any provincial or territorial government that is not a Party to this CIGA.

Interpretation

Article 15

  1. For the purposes of this Agreement, "CIGA" means this Canadian Inter-governmental Agreement.
  2. For the purposes of this CIGA, when the context requires, words in the singular include the plural.
  3. The Annexes to this CIGA constitute an integral part of this agreement.

Authentic Texts

Article 16

The English and French texts of this CIGA are equally authentic.


Annex 1

Canada-Chile Agreement on Labour Cooperation
- list of provinces/territories bound by this agreement

Canada-Costa Rica Agreement on Labour Cooperation
- list of provinces/territories bound by this agreement

Future agreements and their respective lists of signatory jurisdictions to go here

Annex 2

National Advisory Committee under the Canada-Chile Agreement on Labour Cooperation

The Governmental Committee members representing the federal government and governments which have provided a commitment to be bound by the Canada-Chile Agreement on Labour Cooperation (CCALC) pursuant to Article 2.2 may, by agreement, establish and appoint members to a National Advisory Committee to advise the said Governmental Committee members on the implementation and further elaboration of the CCALC.

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