Canada's Fourth Report on CEDAW

PART III:
MEASURES ADOPTED BY THE GOVERNMENTS OF THE PROVINCES

Newfoundland

Introduction

189. This submission will update to March 31, 1994 the information contained in Canada's earlier reports under the Convention.

Article 2

190. The Human Rights Code replaces the Newfoundland Human Rights Code, 1988, and offers protection to women against: discrimination in admission to public places and services (s. 6), in the rental of dwelling units (s. 7), and in employment (s. 9); harassment on the basis of sex in the rental of dwelling units (s. 8), and in an establishment (s. 12); sexual solicitation by a person in a position to confer or deny a benefit or advancement where the person knows or ought reasonably to know that it is unwelcome (s. 13); and discrimination in pay where they are performing the same or similar work as men (s. 11). Discrimination on the basis of pregnancy is considered to be discrimination on the basis of sex. The following table demonstrates the extent of complaints related to sex as a prohibited ground.

	Total (new in 1993 and carried from 1992)
In the context of employment	135
Harassment in an establishment	10
Equal pay for same or similar work	4
Sexual solicitation	4

191. The Human Rights Code provides for referral of a complaint that cannot be settled to a Board of Inquiry. The Newfoundland Human Rights Commission is a party to the proceedings and will present the complaint before the Board. The complainant has an option to retain separate legal counsel at own expense.

192. The Human Rights Code, s. 19, authorizes the Human Rights Commission to approve special programs for women which are designed to prevent, reduce or eliminate disadvantages based on or related to their gender.

Article 2 - Links to Convention text and other sections
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Article 3

193. Initiatives related to the right of women to live in a safe, violence-free environment include:

(a) provision of funding for workshops around the province on wife abuse (1990);
(b) provision of funding to allow the continued operation of four shelters across the province plus funding to open a new shelter in Gander in June 1991;
(c) development of a Victim Witness Assistance Program (Victim Services Program) commenced in 1991-92. This includes the expansion of the Victim Services Program (December 1993) with six new victim services offices and regional co-ordinators across the province, targeted to start-up in February 1994. As well, two new initiatives were introduced: access to professional counselling services; and contributions to community-based groups for select local projects;
(d) introduction of a policy for the Newfoundland and Labrador Housing Corporation giving priority to women who need housing because they are leaving an abusive situation (1991);
(e) provision of education on sexual harassment including the conduct of a free seminar on sexual harassment in three locations and by teleconference (1992), the publishing of an information sheet on sexual harassment, and the publishing of a poster on sexual harassment (1993);
(f) provision of workshops in six communities across the province for volunteer facilitators of groups for women survivors of violence (one in 1992-93; five in 1993-94);
(g) publication by the Women's Policy Office of Sharing Our Strengths, a manual for volunteer facilitators of self-help groups working with women who are survivors of violence (January 1994);
(h) appointment of an Interdepartmental Committee to Build a Provincial Strategy on Violence Against Women, Children and Elderly and Dependent Adults (December 1991) consultation paper released in April 1993; consultations held in five regions across the province to get community input on consultation paper report on the consultation process is now available;
(i) development of Family Violence Referral Card for distribution. The Card sets out the fact that spousal abuse is a crime and contains information on peace bond, restraining orders and shelters.

194. With respect to education, we report the following initiatives:

(a) Role Modelling Project pilot project matched high school students and post-secondary students with women employed in non-traditional occupations (1990-91);
(b) Student Aid changes which benefit single parents (1990-92) grants increased from $1250 to $1600 per year; child care expense increased by $100/month for those using other than registered day care;
(c) funding provided for WISE Choices video and teacher's guide (video encouraging young women to enter scientific and technological occupations);
(d) publication and distribution of Expanding Choices: Math and Science Programs for Girls and Women A National Listing (1993), compiled by the Nova Scotia Women's Directorate;
(e) establishment of the Liaison Committee on Gender Equity in Education (1993);
(f) publication and distribution of Gender Socialization: New Ways, New World (1993);
(g) the Women's Policy Office is now producing brochures on gender bias-free parenting which should be available for distribution by Fall 1994.

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Article 4

195. Special measures adopted to accelerate de facto equality between men and women include (a) examination of contract compliance as a possible means for government to work towards employment equity in the provincial public sector; (b) encouragement of school boards to develop employment equity plans. The Women's Educational Services Consultant conducted workshops on employment equity for school boards throughout the province in 1990-91; (c) re-activation of the Employment Equity Council. The Council submitted its report to the President of Treasury Board in April 1993.

196. With respect to increased representation of women on boards, commissions and agencies, the Women's Policy Office reports that the figure for female participation on boards has risen to 34 percent in 1994, 38 percent for discretionary appointments.

197. The Department of Education has revamped the Employment Equity Policy for School Boards and will be requiring school boards to submit details of employment equity policies and programs and to provide annual progress reports.

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Article 7

198. The tables below provide some information on the percentage of females in decision making roles in municipalities, the legislature, the judiciary and the government as well as the number of female members on the school boards.

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Article 10

199. In May 1993, the Department of Education conducted a study on the attitudes of Newfoundland and Labrador youth on sexual coercion, gender stereotypes and homosexuality.

200. An action plan, Blueprint for Skills Development: Planning for Diversity in Apprenticeship, was prepared in the summer of 1992. As a preliminary measure, sensitization workshops were given around the province. The Labrador workshops addressed accessibility in rural areas.

201. Newfoundland was the lead province in co-ordinating a Jurisdictional Review of Equity in Apprenticeship in Canada; the final report, after consultation with the provinces, is nearing completion.

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Article 11(1)(d)

202. In 1991, the Government concluded pay equity studies for Newfoundland and Labrador Hydro and the Health Care Sector I (Support Classifications). To date, affected female dominated classifications have received four cumulative annual wage adjustments based on one percent of total annual payroll. As of March 20, 1995, these adjustments will increase to two percent and will remain at that level until pay equity is achieved.

203. Pay equity studies are currently underway for other female dominated groups in health care (nurses and allied health professionals) and general government (including Crown Corporations and post-secondary educational institutions). The first pay equity adjustments for these groups are expected to be made mid-way through the 1995-96 fiscal year. Pay equity wage adjustments for these groups will be calculated on the basis of one percent of total payroll.

Article 11(1)(e)

204. Since 1991, the Government has increased its pension benefits for survivors from 55 percent to 60 percent thereby enhancing payments to the non-member spouse, the majority of whom are women. The Government has also implemented the ability to split pension credits on marriage breakdown, thereby allowing immediate lump sum payments to registered retirement savings plans rather than having to wait until actual pension payments have begun.

Article 11(2)

205. Highlights of strategies to assist workers to integrate work and family responsibilities include (a) the development of guidelines to ensure that work and family responsibilities are considered in the development of any new or changing policies within government (1990); (b) the publication of When Work and Family Collide: A Help Book for Employers relating to work and family responsibilities (1990-91); (c) the publication of Women and Men in the Workplace: A Discussion of Workplace Supports for Workers with Family Responsibilities (1993).

206. Since the time of the last report, the legislated minimum level of benefits pursuant to the Labour Standards Act, R.S.N. 1990, c. L-2, to which a worker is entitled have been enhanced. For most employees, the contract of service or collective agreement will provide more favourable terms or conditions than the legislated minimum. A contract of service that confers rights or benefits less favourable than the legislated minimum benefits is void and of no effect and the legislated minimum benefits will apply to that worker.

207. The Labour Standards Act, section 41, provides for pregnancy leave for a period of 17 weeks for an employee who has been employed with the same employer for a period of 20 consecutive weeks. Section 43 allows for an adoption leave for a period of 17 weeks following the coming of a child into the care and custody of a parent for the first time. Pursuant to section 43.3, an employee who is the parent of a child is entitled to 12 weeks of leave without pay following the birth of a child or the coming of the child into the care and custody of the parent for the first time. Employees on pregnancy, adoption or parental leave would be entitled to apply for unemployment insurance benefits during their unpaid leave.

208. For the workers not entitled under their contract of service to paid bereavement leave and sick leave, the Labour Standards Act, section 43(10), provides to an employee, after 30 days of employment, three days bereavement leave, one day with pay, two without. Also, after 6 months of employment an employee is entitled to 5 days unpaid sick leave per year.

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TABLES

**1. Female representation in decision-making roles**
Municipalities ⁽¹⁾		Legislature		Judiciary⁽²⁾ Supreme Court		Government
Mayors	Councillors	Federal	Provincial	Appeal	Trial	D.M.	ADM
13%	23%	35%	6%	11.1%	4.3%	16.7%	13.3%

⁽¹⁾ Source: Department of Provincial and Municipal Affairs
⁽²⁾ Source: Office of the Commissioner for Federal Judicial Affairs

**2. School board membership⁽¹⁾ by sex, as of January 31, 1993**
SD⁽³⁾	In accordance with election regulations										By appointment
	Contested Election			Election by Acclamation			Appointed in lieu of election			Total	Other than in lieu of election⁽²⁾			Number of seats filled
	M	F	T	M	F	T	M	F	T		M	F	T	M	F	T
Int.⁽⁴⁾	38	16	54	55	22	77	42	19	61	192	54	8	62	189	65	254
RC⁽⁵⁾	23	9	32	18	7	25	18	7	25	82	48	19	67	107	42	149
PA⁽⁶⁾	7	0	7	3	0	3	2	0	2	12	3	0	3	15	0	15
SDA⁽⁷⁾	0	0	0	0	1	1	2	0	2	3	2	3	5	4	4	8
Total	68	25	93	76	30	106	64	26	90	289	107	30	137	315	111	426

⁽¹⁾ School board membership is in accordance with The School Board Election Regulations, 1985
⁽²⁾ Appointments by churches and school boards
⁽³⁾ School district
⁽⁴⁾ Integrated schools
⁽⁵⁾ Roman Catholic schools
⁽⁶⁾ Pentecostal Assemblies schools
⁽⁷⁾ Seventh-Day Adventists schools

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PART III: MEASURES ADOPTED BY THE GOVERNMENTS OF THE PROVINCES

Newfoundland

TABLES

PART III:
MEASURES ADOPTED BY THE GOVERNMENTS OF THE PROVINCES