In 1995, an amendment to the Employment Standards Act was proclaimed, resulting in specific provisions governing the termination of employment. All employees who have completed six consecutive months of employment and are not dismissed for just cause, must be given written notice of termination based on the employees years of service: a) one week's notice in writing to the employee whose period of employment is less than one year; b) two weeks notice in writing to the employee whose period of employment is one year or more but less than three years, c) three weeks notice in writing to the employee whose period of employment is three years or more but less than four years; d) four weeks notice in writing to the employee whose period of employment is four years or more but less than five years; e) five weeks notice to the employee whose period of employment is five years or more but less than six years; f) six weeks notice to the employee whose period of employment is six years or more but less than seven years; g) seven weeks notice to the employee whose period of employment is seven years or more but less than eight years; h) eight weeks notice in writing to the employee whose period of employment is eight years or more.
Any employer who fails to comply with this provision may pay to the affected employee, an amount equal to the amount that the employee would have been entitled to receive as his or her regular wages for his or her normal hours of work for the period prescribed. These termination provisions do not apply to: a) the construction industry; b) a seasonal or intermittent undertaking that operates for less than six months per year; c) an employee discharged for just cause; d) an employee whose employer has failed to abide by the terms of the employment contract; e) an employee on temporary layoff; f) an employee employed under a contract of employment that is impossible to perform due to an unforeseeable event; g) an employee who has been offered and who has refused a reasonable alternative employment and h) an employee who is represented by a trade union.
An employee who has been employed for six consecutive months or more shall not terminate his or her employment until after the expiry of a) one weeks notice in writing to the employer if the period of employment is less than two years; b) two weeks notice in writing to the employer if the period of employment is two years or more but less than four years; c) three weeks notice in writing to the employer if the period of employment is four years or more but less than six years; or d) four weeks notice in writing to the employer if the period of employment is six years or more. If the employee fails to provide the employer with the required written notice, the employee may possibly forfeit one week's pay in lieu of notice.
Other sections of the Employment Standards Act govern the issuance of wage statements for each pay period and prevent an employer from making unauthorized deductions from an employee's pay.
The Employment Standards Act provides for equal pay to employees of the opposite sex, when the work is performed in the same establishment under similar working conditions, and the performance of which requires similar skill, effort and responsibility. Employers are required to pay these employees the same rate of pay, unless the difference is due to:
a seniority system;
a merit system;
a system that measures earnings by quality or quantity of production, or
a differential based on any factor other than sex.
Further, an employer cannot reduce an employee's rate of pay to comply with the equal pay requirements.
The Human Rights Act was passed by the Yukon Legislature February 12, 1987. This Act prohibits discrimination on a number of grounds as outlined in the previous report.
Several new training programs for Yukon government personnel were established in the territory during the reporting period.
In March 1998, the Yukon government began a training program for all its employees on Yukon Land Claims. The training consists of three modules that focus on Yukon First Nations' culture, intercultural communications and the history and process of First Nations land claims. The training program was developed jointly with representatives from First Nations' governments and the Land Claims Secretariat. The purpose of the training is to foster strong relationships between First Nations' and Yukon governments.
Chapter 22 of the Umbrella Final Agreement and First Nation Final Agreements require the Yukon government to develop, consult on, implement and review a plan to create a representative public service, both Yukon-wide and in 14 First Nation traditional territories. In 1996, a joint planning process began with the Public Service Commission, departments and First Nations with Final Agreements to develop the Yukon-wide plan. As of September 1999, the Yukon-wide representative public service plan has been approved in principle along with three traditional territory plans. Departments are implementing activities under the Plan and traditional territory planning with First Nations continues.
In 1999, the Public Service Commission began a new initiative to strengthen public sector management. A key component of this initiative is the Yukon Government Leadership Forum. This forum focuses on preparing employees to assume senior management positions within the Yukon government. Like other jurisdictions in Canada, the Government of Yukon faces a situation where the number of management employees who are eligible to retire in the next five years will have a serious effect on leadership continuity. This program focuses on the development of personal leadership skills as well as exploration of current theory and management issues. The program is in progress. Fifty employees from across government were selected by departments to participate in the leadership assessment, personal development planning and coaching phases of the program. Based on the assessment results, 25 of those employees have been selected to participate in the remainder of the program. The representation of women, Aboriginal people, visible minorities and people with disabilities was built into the selection process.
The previous report noted that in March 1992, the Yukon government approved a Workplace Harassment Policy. The Policy also provides information to employees about laying complaints under the Human Rights Act.
In 1998, a new clause on workplace harassment was negotiated in the Public Service Alliance of Canada and Yukon government collective agreement. Under Article 6 — Letter of Understanding "L", employees do not use the grievance procedure on a harassment-related issue. The union refers employees to a harassment investigator in the Public Service Commission. A similar letter of understanding is proposed in negotiations between the Yukon Teachers Association and the Yukon government.
In 1998, the Public Service Commission created the position Workplace Harassment Prevention Coordinator. This position manages the investigation and complaint resolution process for all workplace harassment complaints under the Workplace Harassment Policy and the Article 6 Letter of Understanding under the Public Service Alliance of Canada and Yukon government collective agreement. The position also provides work unit consultation and organization training or workplace harassment prevention and resolution processes.
The Canada-Yukon Economic Development Agreement referred to in the previous report helped many communities create and implement economic development plans. This agreement expired in 1997.
Article 7: Right to Just and Favourable Working Conditions
The most recent change to the minimum wage in the Yukon occurred October 1, 1998, and was set at $7.20 per hour. This represents an increase of $0.96 since the last report. All employees who are paid on commission or by piecework must receive at least minimum wage for any standard hours worked in a pay period. Further, domestics, farm workers, guides and outfitters who are paid wages other than on an hourly rate or piecework basis must be remunerated at eight hours multiplied by the minimum hourly rate for each day or part-day worked. The above minimum wage requirements came into effect May 1, 1988. In addition to the general minimum wage rate, there exist special minimum wage rates for categories of employees employed in government construction work. These rates are called Fair Wage Rates.
Article 9: Right to Social Security
Relevant territorial legislation includes the Social Assistance Act, the Health Care Insurance Plan Act, the Hospital Insurance Services Act, the Seniors Income Supplement Act, the Child Care Act, the Pioneer Utility Grant Act, the Workers' Compensation Act and the Seniors Property Tax Deferment Act.
The Seniors Property Tax Deferment Act and amendments to the Assessment and Taxation Act assist Yukon seniors in deferring payment of their property taxes during the time they continue to occupy their home.
Changes during the reporting period including introducing the Yukon Child Benefit (YCB) to supplement the National Child Benefit program (NCB). The YCB provides $300/year/child for low-income families, paid monthly with the NCB amount provided by the Government of Canada.
As part of the NCB initiatives, the Yukon also began the Children's Drug and Optical program, which covers the cost of prescription drugs and optical care for children in low income families.
The government introduced the Low Income Family Tax Credit (LIFT), which provides a non-refundable tax credit to low income families and reduces their overall tax burden.
As part of a national effort, the Yukon Government approved a compensation package to victims who contracted Hepatitis C through tainted blood delivered by the Red Cross.
Workers in the Yukon Territory are covered under the Yukon Workers' Compensation Act. Since proclamation of the new Workers' Compensation Act in 1992, there have been two amendments (Bill 40 — assented to December 11, 1997, and Bill 83 — assented to February 15, 1999).
Bill 40 designated persons who are volunteers for government or engaged in programs supported by government as workers under the Workers' Compensation Act.
Bill 83 provided extensive revisions to the Act which included: the establishment of a Worker Advocate position, appointment of medical consultant(s), review of the appeal process and establishment of an Appeal Tribunal, establishment of a public register, recognition of alternative and traditional healing methods, illiteracy, Board membership composition, reporting responsibilities of the Board to the Minister, public consultation provisions, annual meeting, special examination provisions and future reviews of the Act.
Under the legislation, a worker who suffers a compensable work-related disability is entitled to receive compensation for loss of earnings. Loss of earnings benefits is based on 75 percent of the worker's weekly loss of earnings from all sources. On the anniversary of the start date of a worker's loss of earnings, benefits are indexed by 2 percent and by any percentage change between the average wage for the year and the immediately preceding year. A workers loss of earnings benefits can never exceed the maximum wage rate for the year. The maximum wage rate for 1999 was $60,900.
The Workers' Compensation Act applies to all workers in the Yukon except:
a person during any time the person is acting in a religious function as a duly ordained or appointed cleric, a member of a religious order or as a lay reader;
a person who entered into or works under a contract of service or apprenticeship outside the Yukon, who ordinarily resides outside of the Yukon and is employed by an employer who is based outside of the Yukon and carries on business in the Yukon on a temporary basis.
However, the Board may, on application of an employer, deem the above to be workers of the employer.
Rehabilitation will be provided to a worker, if a worker requires rehabilitation assistance because of a work-related disability. The purpose of rehabilitation is to reduce or remove the effects of a work-related disability. Rehabilitation may include vocational or academic training.
As detailed in the previous report, the Workers' Compensation Act continues to provide compensation to a worker's dependants, when the worker dies because of a work-related disability.
Article 10: Protection of the Family, Mother and Child
The Maintenance and Custody and Enforcement Act provides for an order of a court in or outside the Yukon for payment of monies as maintenance or support. The Reciprocal Enforcement of Maintenance Orders Act provides for the enforcement of a reciprocal enforcement order in another province, state or country. The Yukon currently operates reciprocal enforcement with all Canadian provinces and territories, 30 U.S. states and with other countries.
The Maintenance and Custody and Enforcement Act was amended in 1998 and proclaimed in 1999. The amendments included new enforcement measures enabling the government to:
apply writs of garnishment or writs of seizure and sale against a corporation in which the respondent/debtor is the sole shareholder or has a controlling interest or his/her immediate family controls the corporation;
remove the 30-day hold on garnished funds, except where a third party has an interest in the money;
provide for orders against a respondent to be enforceable against the respondent/debtor's trade or business name or against a respondent/debtor's share of a partnership;
remove the limitation period of 10 years on the collections of arrears; and
extend the life of garnishments from one year to until withdrawn by the director of maintenance enforcement.
In the fall of 1998, the Yukon government passed amendments to the Limitation of Actions Act. These amendments recognized the plight of survivors and their intense need for healing — by removing the time restrictions in matters of sexual abuse so that survivors can take action at any time. The amendments also apply to minors who suffered sexual assault or sexual misconduct in childhood. Moreover, the amendments provide for a transition phase that may serve to revive "time-expired" claims — provided the right to bring these claims was never prohibited in the first place.
The Family Violence Prevention Act was assented to in December 1997. This legislation is designed to address violent relationships between family members and intimate companions. The Act provides victims of family violence with additional ways to seek protection by establishing emergency intervention orders, victim's assistance orders and warrants of entry. An advisory committee held public meetings in 1998 throughout the Yukon to seek community input on the implementation of this legislation. This Act was proclaimed in 1999.
In the fall of 1998, amendments to the Maintenance and Custody Enforcement Orders Act and the Family and Property and Support Act changed the definition of spouse to include both common-law and same-sex couples ensuring that the provisions of these Acts apply equally to all families.
In the fall of 1998, the Children's Act was amended to reinforce the rights of grandparents to continue their involvement in their grandchildren's lives in the event of family breakdown.
In 1995,The Employment Standards Act added Parental Leave. An employee who has completed 12 months of continuous employment with an employer is entitled to parental leave without pay for a period of up to 12 weeks when the employee: a) becomes the birth mother of a child, b) becomes the birth father of a child, or assumes the care and custody of his newborn child, or of his or her spouse's newborn or adoptive child, or c) adopts a child under the laws of the Yukon or of a province and submits to the employer a written request for leave under this section at least four weeks before the day on which the employee intends to commence the parental leave. An employee who has requested a leave of absence for Parental Leave may return to work before the period is over with the consent of the employer or by giving the employer four weeks notice in writing of the intended date of return. If an employee and the employee's spouse are employed by the same employer or by different employers and are eligible for parental leave, the parental leave may be taken wholly by one of the employees, or be shared by both employees, but in that case the Parental Leave taken by the one employee cannot be at the same time as the Parental Leave taken by the other employee and the cumulative total of the leave taken by the two must not exceed a continuous period of 12 weeks. Further, both employees may take Parental Leave at the same time if the employee who is first on Parental Leave cannot reasonably be expected to care for the child by themselves because of injury, illness, or death, or other hardship in the family.
The Estate Administration Act was proclaimed as of April 1, 1999. The Act recognizes common law spouses and same sex partners as legally entitled to inherit property and receive benefits from an estate of someone who passed away without a will.
Article 11: Right to an Adequate Standard of Living
During this reporting period, the Yukon government developed and released its Anti-poverty Strategy in August 1998.
The government also developed and released its Seniors Strategy in February 1999 and later approved construction of a new long-term care facility.
Average income of a Yukon family in 1995 was $61,807, which is 13.2 percent higher than the Canadian average, a decrease of over $2,000 since the last report. The increased cost of living in the Yukon results in buying power similar to that in the south.
The 1995 average income for lone-parent families was $34,290, an increase of $10,000 since the last report. Approximately 50 percent of lone-parent families have total incomes below the low-income measure. Thirty-six percent of Whitehorse residents live in low-income situations, compared to 21 percent of the population outside Whitehorse.
More up-to-date statistics regarding low-income situations are not available at this time. These statistics were excluded from Census information as low-income cutoffs were based on certain expenditure income patterns where were not available from the survey data for the Yukon population.
In 1995, Yukon women on average earned 80 percent of what Yukon men earned.
The Business Development Fund program previously provided assistance to small and medium-sized businesses and, occasionally, business organizations such as industry associations. This program is currently dormant.
By the end of 1999, 21 out of 28 Yukon schools hosted a Food For Learning snack/breakfast or lunch program. The program was launched in 1997 in partnership among the Departments of Education and Health and Social Services, the Yukon Teachers' Association and the Canadian Living Foundation. The small size of most Yukon schools has allowed them to feed everyone without stigmatizing the children who really need the program.
The Yukon Housing Corporation continues to provide homeownership assistance through the Owner Build and Home Ownership program. The Corporation recently completed community housing studies that will provide information on the adequacy and affordability of housing in the territory. This information should be available for a future report on the implementation of this Covenant.
During the reporting period, the Housing Corporation had 335 social housing units as well as 45 rent supplement units. Social housing is governmentsponsored housing made available to individuals and families in need. Rent supplement units are privately owned rental accommodation that are rented by the Housing Corporation for tenants who are eligible for social housing. The Yukon currently does not collect the other housing data requested by the United Nations Committee on Economic, Social and Cultural Rights.
During 1996, the Yukon Hire Commission developed a comprehensive policy to maximize purchases of goods and services from local companies for government contracts. Since the implementation of the Commission's recommendations the percentage of the overall dollar value of government contracts issued to Yukon businesses has increased from 59 percent in 1995-1996 to 89 percent in 1998-1999.
Local hire requirements in the 1998 Yukon Oil and Gas Act ensure that Yukon companies will benefit from new activity.
From 1997 to 1999 the following new initiatives were put in place:
In 1997, the Yukon Venture Loan Guarantee Program was established to create a partnership between the Yukon Government and seven lending institutions in Whitehorse. It provides a 65 percent guarantee for certain types of business loans.
As in that year, the Trade and Investment Fund and the Tourism Marketing Fund began to financially assists local businesses to identify and export their products and services to new markets both within Canada and internationally.
In 1997, the Rate Stabilization Fund was established to provide stable and affordable electricity for small business.
In 1998, the Fireweed Fund was set up to allow labour sponsored venture capital corporations to provide another financing option for business.
The Yukon Small Business Tax Credit was initiated in 1999 to make a personal income tax credit available to investors who make qualified investments in eligible Yukon corporations.
In 1999, planning for the Connect Yukon project began regarding installing or upgrading high-speed, high-capacity Internet and phone service in every community.
Article 12: Right to Physical and Mental Health
In fall 1999, the government conducted the first ever Health Summit to engage citizens in a dialogue of health priorities and suggested changes. The government took quick action on a number of recommendations and is considering implementation of the others. Further Summits are being held in the fall of 2000.
The Yukon Health Status Report was released in 1999 to report on the health status of Yukon people. This report is mandated by legislation and is completed every three years.
During this reporting period, the government approved construction or a new long-term care facility for people who have high-level care needs.
In 1998, the government introduced and later expanded the Health Families program. This program screens every new-born and follows up using both health and social services professionals to provide high-risk families and families with educational/Counselling and other supports to care for new-born babies and preschoolers.
The Health Investment Fund continues to operate (since 1990) and provides funding to community based activities aimed at increasing the health status of Yukon residents.
In April 1999, the Yukon introduced the Kid's Recreation Fund, which supports the recreational needs of children in low-income families. This program is available to all low-income residents in the territory.
The Yukon government initiated the Yukon Youth Leadership Project in 1997. A team of trained youth deliver a recreation-based program in rural communities working with local youth trainees and community steering committees. The local trainees are paid positions and often include youth that are at risk. The community determines their own program based on need, resources and demographics. It is hoped that the leadership skills and community development will continue to benefit the community.
In 1995, the Youth Investment Fund was established in response to a need to recognize and support community driven initiatives aimed at addressing the needs of Yukon youth. It was developed and sponsored by the Yukon Departments of Health & Social Services, Community and Transportation Services, Education, Justice and Women's Directorate. The YIF provides funding for short-term community projects, which involve youth. Youth must be involved in planning the project, and the activities of the project must be for youth. Projects must aim to prevent youth involvement in high-risk activities and/or encourage healthy alternatives.
In February 1999, a youth conference was held. Called the Youth Plan to Take Over the World Conference it was funded by the Youth Investment Fund, Skookum Jim Friendship Centre, Dept. of Justice, Education & Health and Social Services. The intent of the conference was to create an environment where Yukon youth are inspired and empowered to become more active in their communities. Sessions focussed on alcohol and drug awareness, starting a business and Web page design.
A Youth Services Canada project was started in Whitehorse in February 1998. The project is funded by Human Resources Development Canada, the City of Whitehorse, Crime Prevention Yukon, Yukon Justice, the Kwanlin Dun First Nation and the RCMP. A group of 15 youth experience different job situations, receive training, and work on community projects for a five-month period. The idea is to get these youth back in to school or in a job.
The Yukon government developed a Youth Strategy in 1998 with the belief that Yukon's youth want to participate in the territory's social, economic, cultural and political arenas. There are five major goals for this project:
improve overall services to young people
increase youth awareness of initiatives throughout the Yukon
develop and support processes to increase youth involvement in programs directed towards them
provide opportunities for youth to contribute to their communities in a positive manner
improve the health of Yukon youth
The Crime Prevention and Victim Services Trust Fund was established in the fall of 1997 to assist communities with projects that support victims of offences, reduce the incidence of crime, prevent violence against women and children, address the root cause of criminal behaviour and publicize information about how crime can be prevented as well as what services are available to victims of offences. In the 1999 funding year, $96,549 was awarded to various community projects meeting these objectives.
In the summer of 1999, for the third consecutive year, the Women's Directorate and the Youth Achievement Centre have run "Young Women of Grit," a three week adventure-based, outdoor leadership program designed for young women aged 13 to 18 who are working towards positive change in their lives.
The Yukon is a full participating member of the Canadian Council of Ministers of the Environment and chaired the Council in 1995. This forum and subcommittees promote harmonization of environmental laws in Canada, and other national initiatives towards sustainability and environmental protection.
During the reporting period, the Yukon Government established a Climate Change Centre at Yukon College, to be known as the Yukon Climate Exchange. It is housed in the Northern Research Institute at the College. The Yukon Government matched funds directly and in kind, with the Federal Government, providing us with $153,500 in Federal Climate Change money. The Climate Centre will first gather and synthesize climate change research that has already been completed in the North. This will essentially provide information about the science and impacts of climate change in the North. It will also serve an important function (during the initial stages) of gathering information related to how we will need to adapt to changes in climate. During the fall of 2000, Federal Climate Change monies will be used to organize a Climate Change Summit and also a Climate Change Tradeshow, highlighting energy and energy efficient technologies.
The Yukon Workers' Compensation Health and Safety Board continues to focus on prevention of injury. A strategic plan has endorsed the philosophy of prevention of work place injuries. Educational material and courses have been designed with emphasis on scaffolding and trenches. A Work Safe publication has been developed and is distributed bi-annually.
Article 13: Right to Education
In the social studies area, as in other curriculum areas, the Yukon follows the British Columbia curriculum. However, through locally developed courses, which can account for up to 20 percent of the curriculum, the students are introduced to much of the Yukon's history and geography as well as the culture and history of the First Nations of the Yukon. During the reporting period, the Yukon began participating in a collaborative partnership, the Western Canada Protocol, with the western provinces and other territories to develop a new social studies curriculum, which incorporates the history of Canada from the perspective of the three founding cultures — First Nations, Francophone and European.
Pursuant to the Students Financial Assistance Act and regulations, financial assistance is available to all students. A grant for post-secondary students, for studies within and outside of the Territory, is available to eligible students, as are the Canada Student Loans.
During the reporting period, a Gender Equity in Public Schools Policy was established to ensure children, regardless of gender, are entitled to study and learn in a safe environment, to succeed on the basis of ability and interests, and to have their contributions and activities recognized.
In the summer of 1999, the Yukon government started a review of the Education Act. Any changes that pertain to this Covenant will be reflected in Canada's next report.
Article 15: Right to Participate in Cultural Life and Benefit from Scientific Progress and the Protection of Authors' Rights
The Yukon Government has entered into a five-year cooperative and funding agreement with the Government of Canada on the development and enhancement of Aboriginal languages. This agreement is in effect from April 1, 1998 to April 1, 2003.
The objectives of this agreement are:
to foster the maintenance, revitalization, growth and protection of Aboriginal languages;
to enable Yukon Aboriginal communities to assume increased ownership of their Aboriginal language responsibilities; and
to assist Aboriginal communities to meet their language needs.
The Department of Education provides financial and human resource support to the following organisations which promote cultural, artistic, scientific and technological skill development:
The Arts-in-the-School program provides opportunities for local artists to work with students and teachers in the school system;
The Yukon Permanent Art Collection provides opportunities for local artists to have their work purchased for display in government-owned or operated buildings;
Innovators in the School co-ordinates the access by educators and students to the scientific community;
First Nation Language and Culture Curriculum project assists the schools in accessing human and material resources from the First Nations community;
Skills Canada: Yukon promotes the development of career paths in the trades and technology fields;
Young Authors' Conference encourages aspiring writers to produce works that are critiqued by visiting authors from across Canada;
Children's Book Week invites Canadian authors to tour the Yukon communities and schools to present their works;
Rotary Music Festival is a week long celebration of young musicians across the territory; and
Yukon Agricultural Association presents information about the local agricultural industry and promotes career paths in their field.
During the reporting period, the Community Development Fund (CDF) was re-established to provide financial help to groups to strengthen local communities through job training, community planning, social development and sustainable economic development; community capital projects; and subsistence activities. Eligible groups include local governments, First Nations, community associations and non-profit societies. The CDF also provides support for cultural activities and the development of cultural and recreation facilities.
