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The only tripartite U.N. agency, since 1919 the ILO brings together governments, employers and workers of 187 member States , to set labour standards, develop policies and devise programmes promoting decent work for all women and men.

Re: International Labour Conference Recommendation on Social Protection Floors
Dear Ms. Young:
The following is in response to your inquiry of September 28, 2012, regarding the appropriate legislative jurisdiction for the Recommendation concerning National Social Floors Protection adopted by the International Labour Conference at its 101st Session (June 14, 2012).
The Recommendation Concerning National Social Floors Protectionrecognizes the importance of social security and provides guidance to governments on the establishment, maintenance and extension of basic social security guarantees.
The subject matter of this Recommendation is partially within federal jurisdiction and partially within provincial jurisdiction.
Sincerely,
Rachel Guy
Legal Counsel/Conseillere juridique
Human Resources and Skills Development Canada, Legal Services
Ressources humaines et developpement des competences Canada, Services juridiques




Appendix F

Record of the Votes Regarding the Instruments Adopted by the International Labour Conference in 2010, 2011 and 2012




Vote regarding the HIV and AIDS and the World of Work Recommendation, 2010



Total Vote: (All voting delegates at the Conference)
  • For: 439
  • Against: 4
  • Abstentions: 11



Canada:
  • Worker: For
  • Employer: For
  • Government: For



Vote regarding the Domestic Workers Convention (2011)



Total Vote: (All voting delegates at the Conference)
  • For: 396
  • Against: 16
  • Abstentions: 63



Canada:
  • Worker: For
  • Employer: For
  • Government: For



Vote regarding the Domestic Workers Recommendation (2011)



Total Vote: (All voting delegates at the Conference)
  • For: 434
  • Against: 8
  • Abstentions: 42



Canada:
  • Worker: For
  • Employer: For
  • Government: For



Vote regarding the Recommendation on National Floors of Social Protection, 2012



Total Vote: (All voting delegates at the Conference)
  • For: 453
  • Against: 0
  • Abstentions: 1



Canada:
  • Worker: --
  • Employer: For
  • Government: For
-----
NORMLEX
Information System on International Labour Standards

R202 - Social Protection Floors Recommendation, 2012 (No. 202)

Recommendation concerning National Floors of Social ProtectionAdoption: Geneva, 101st ILC session (14 Jun 2012) - Status: Up-to-date instrument.

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Preamble

The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 101st Session on 30 May 2012, and
Reaffirming that the right to social security is a human right, and
Acknowledging that the right to social security is, along with promoting employment, an economic and social necessity for development and progress, and
Recognizing that social security is an important tool to prevent and reduce poverty, inequality, social exclusion and social insecurity, to promote equal opportunity and gender and racial equality, and to support the transition from informal to formal employment, and
Considering that social security is an investment in people that empowers them to adjust to changes in the economy and in the labour market, and that social security systems act as automatic social and economic stabilizers, help stimulate aggregate demand in times of crisis and beyond, and help support a transition to a more sustainable economy, and
Considering that the prioritization of policies aimed at sustainable long-term growth associated with social inclusion helps overcome extreme poverty and reduces social inequalities and differences within and among regions, and
Recognizing that the transition to formal employment and the establishment of sustainable social security systems are mutually supportive, and
Recalling that the Declaration of Philadelphia recognizes the solemn obligation of the International Labour Organization to contribute to "achiev[ing] ... the extension of social security measures to provide a basic income to all in need of such protection and comprehensive medical care", and
Considering the Universal Declaration of Human Rights, in particular Articles 22 and 25, and the International Covenant on Economic, Social and Cultural Rights, in particular Articles 9, 11 and 12, and
Considering also ILO social security standards, in particular the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Income Security Recommendation, 1944 (No. 67), and the Medical Care Recommendation, 1944 (No. 69), and noting that these standards are of continuing relevance and continue to be important references for social security systems, and
Recalling that the ILO Declaration on Social Justice for a Fair Globalization recognizes that "the commitments and efforts of Members and the Organization to implement the ILO's constitutional mandate, including through international labour standards, and to place full and productive employment and decent work at the centre of economic and social policies, should be based on ... (ii) developing and enhancing measures of social protection ... which are sustainable and adapted to national circumstances, including ... the extension of social security to all", and
Considering the resolution and Conclusions concerning the recurrent discussion on social protection (social security) adopted by the International Labour Conference at its 100th Session (2011), which recognize the need for a Recommendation complementing existing ILO social security standards and providing guidance to Members in building social protection floors tailored to national circumstances and levels of development, as part of comprehensive social security systems, and
Having decided upon the adoption of certain proposals with regard to social protection floors, which are the subject of the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation;
adopts this fourteenth day of June of the year two thousand and twelve the following Recommendation, which may be cited as the Social Protection Floors Recommendation, 2012.

I. OBJECTIVES, SCOPE AND PRINCIPLES

  1. 1. This Recommendation provides guidance to Members to:
    • (a) establish and maintain, as applicable, social protection floors as a fundamental element of their national social security systems; and
    • (b) implement social protection floors within strategies for the extension of social security that progressively ensure higher levels of social security to as many people as possible, guided by ILO social security standards.
  2. 2. For the purpose of this Recommendation, social protection floors are nationally defined sets of basic social security guarantees which secure protection aimed at preventing or alleviating poverty, vulnerability and social exclusion.
  3. 3. Recognizing the overall and primary responsibility of the State in giving effect to this Recommendation, Members should apply the following principles:
    • (a) universality of protection, based on social solidarity;
    • (b) entitlement to benefits prescribed by national law;
    • (c) adequacy and predictability of benefits;
    • (d) non-discrimination, gender equality and responsiveness to special needs;
    • (e) social inclusion, including of persons in the informal economy;
    • (f) respect for the rights and dignity of people covered by the social security guarantees;
    • (g) progressive realization, including by setting targets and time frames;
    • (h) solidarity in financing while seeking to achieve an optimal balance between the responsibilities and interests among those who finance and benefit from social security schemes;
    • (i) consideration of diversity of methods and approaches, including of financing mechanisms and delivery systems;
    • (j) transparent, accountable and sound financial management and administration;
    • (k) financial, fiscal and economic sustainability with due regard to social justice and equity;
    • (l) coherence with social, economic and employment policies;
    • (m) coherence across institutions responsible for delivery of social protection;
    • (n) high-quality public services that enhance the delivery of social security systems;
    • (o) efficiency and accessibility of complaint and appeal procedures;
    • (p) regular monitoring of implementation, and periodic evaluation;
    • (q) full respect for collective bargaining and freedom of association for all workers; and
    • (r) tripartite participation with representative organizations of employers and workers, as well as consultation with other relevant and representative organizations of persons concerned.

II. NATIONAL SOCIAL PROTECTION FLOORS

  1. 4. Members should, in accordance with national circumstances, establish as quickly as possible and maintain their social protection floors comprising basic social security guarantees. The guarantees should ensure at a minimum that, over the life cycle, all in need have access to essential health care and to basic income security which together secure effective access to goods and services defined as necessary at the national level.
  2. 5. The social protection floors referred to in Paragraph 4 should comprise at least the following basic social security guarantees:
    • (a) access to a nationally defined set of goods and services, constituting essential health care, including maternity care, that meets the criteria of availability, accessibility, acceptability and quality;
    • (b) basic income security for children, at least at a nationally defined minimum level, providing access to nutrition, education, care and any other necessary goods and services;
    • (c) basic income security, at least at a nationally defined minimum level, for persons in active age who are unable to earn sufficient income, in particular in cases of sickness, unemployment, maternity and disability; and
    • (d) basic income security, at least at a nationally defined minimum level, for older persons.
  3. 6. Subject to their existing international obligations, Members should provide the basic social security guarantees referred to in this Recommendation to at least all residents and children, as defined in national laws and regulations.
  4. 7. Basic social security guarantees should be established by law. National laws and regulations should specify the range, qualifying conditions and levels of the benefits giving effect to these guarantees. Impartial, transparent, effective, simple, rapid, accessible and inexpensive complaint and appeal procedures should also be specified. Access to complaint and appeal procedures should be free of charge to the applicant. Systems should be in place that enhance compliance with national legal frameworks.
  5. 8. When defining the basic social security guarantees, Members should give due consideration to the following:
    • (a) persons in need of health care should not face hardship and an increased risk of poverty due to the financial consequences of accessing essential health care. Free prenatal and postnatal medical care for the most vulnerable should also be considered;
    • (b) basic income security should allow life in dignity. Nationally defined minimum levels of income may correspond to the monetary value of a set of necessary goods and services, national poverty lines, income thresholds for social assistance or other comparable thresholds established by national law or practice, and may take into account regional differences;
    • (c) the levels of basic social security guarantees should be regularly reviewed through a transparent procedure that is established by national laws, regulations or practice, as appropriate; and
    • (d) in regard to the establishment and review of the levels of these guarantees, tripartite participation with representative organizations of employers and workers, as well as consultation with other relevant and representative organizations of persons concerned, should be ensured.
  6. 9.
    • (1) In providing the basic social security guarantees, Members should consider different approaches with a view to implementing the most effective and efficient combination of benefits and schemes in the national context.
    • (2) Benefits may include child and family benefits, sickness and health-care benefits, maternity benefits, disability benefits, old-age benefits, survivors' benefits, unemployment benefits and employment guarantees, and employment injury benefits as well as any other social benefits in cash or in kind.
    • (3) Schemes providing such benefits may include universal benefit schemes, social insurance schemes, social assistance schemes, negative income tax schemes, public employment schemes and employment support schemes.
  7. 10. In designing and implementing national social protection floors, Members should:
    • (a) combine preventive, promotional and active measures, benefits and social services;
    • (b) promote productive economic activity and formal employment through considering policies that include public procurement, government credit provisions, labour inspection, labour market policies and tax incentives, and that promote education, vocational training, productive skills and employability; and
    • (c) ensure coordination with other policies that enhance formal employment, income generation, education, literacy, vocational training, skills and employability, that reduce precariousness, and that promote secure work, entrepreneurship and sustainable enterprises within a decent work framework.
  8. 11.
    • (1) Members should consider using a variety of different methods to mobilize the necessary resources to ensure financial, fiscal and economic sustainability of national social protection floors, taking into account the contributory capacities of different population groups. Such methods may include, individually or in combination, effective enforcement of tax and contribution obligations, reprioritizing expenditure, or a broader and sufficiently progressive revenue base.
    • (2) In applying such methods, Members should consider the need to implement measures to prevent fraud, tax evasion and non-payment of contributions.
  9. 12. National social protection floors should be financed by national resources. Members whose economic and fiscal capacities are insufficient to implement the guarantees may seek international cooperation and support that complement their own efforts.

III. NATIONAL STRATEGIES FOR THE EXTENSION OF SOCIAL SECURITY

  1. 13.
    • (1) Members should formulate and implement national social security extension strategies, based on national consultations through effective social dialogue and social participation. National strategies should:
      • (a) prioritize the implementation of social protection floors as a starting point for countries that do not have a minimum level of social security guarantees, and as a fundamental element of their national social security systems; and
      • (b) seek to provide higher levels of protection to as many people as possible, reflecting economic and fiscal capacities of Members, and as soon as possible.
    • (2) For this purpose, Members should progressively build and maintain comprehensive and adequate social security systems coherent with national policy objectives and seek to coordinate social security policies with other public policies.
  2. 14. When formulating and implementing national social security extension strategies, Members should:
    • (a) set objectives reflecting national priorities;
    • (b) identify gaps in, and barriers to, protection;
    • (c) seek to close gaps in protection through appropriate and effectively coordinated schemes, whether contributory or non-contributory, or both, including through the extension of existing contributory schemes to all concerned persons with contributory capacity;
    • (d) complement social security with active labour market policies, including vocational training or other measures, as appropriate;
    • (e) specify financial requirements and resources as well as the time frame and sequencing for the progressive achievement of the objectives; and
    • (f) raise awareness about their social protection floors and their extension strategies, and undertake information programmes, including through social dialogue.
  3. 15. Social security extension strategies should apply to persons both in the formal and informal economy and support the growth of formal employment and the reduction of informality, and should be consistent with, and conducive to, the implementation of the social, economic and environmental development plans of Members.
  4. 16. Social security extension strategies should ensure support for disadvantaged groups and people with special needs.
  5. 17. When building comprehensive social security systems reflecting national objectives, priorities and economic and fiscal capacities, Members should aim to achieve the range and levels of benefits set out in the Social Security (Minimum Standards) Convention, 1952 (No. 102), or in other ILO social security Conventions and Recommendations setting out more advanced standards.
  6. 18. Members should consider ratifying, as early as national circumstances allow, the Social Security (Minimum Standards) Convention, 1952 (No. 102). Furthermore, Members should consider ratifying, or giving effect to, as applicable, other ILO social security Conventions and Recommendations setting out more advanced standards.

IV. MONITORING

  1. 19. Members should monitor progress in implementing social protection floors and achieving other objectives of national social security extension strategies through appropriate nationally defined mechanisms, including tripartite participation with representative organizations of employers and workers, as well as consultation with other relevant and representative organizations of persons concerned.
  2. 20. Members should regularly convene national consultations to assess progress and discuss policies for the further horizontal and vertical extension of social security.
  3. 21. For the purpose of Paragraph 19, Members should regularly collect, compile, analyse and publish an appropriate range of social security data, statistics and indicators, disaggregated, in particular, by gender.
  4. 22. In developing or revising the concepts, definitions and methodology used in the production of social security data, statistics and indicators, Members should take into consideration relevant guidance provided by the International Labour Organization, in particular, as appropriate, the resolution concerning the development of social security statistics adopted by the Ninth International Conference of Labour Statisticians.
  5. 23. Members should establish a legal framework to secure and protect private individual information contained in their social security data systems.
  6. 24.
    • (1) Members are encouraged to exchange information, experiences and expertise on social security strategies, policies and practices among themselves and with the International Labour Office.
    • (2) In implementing this Recommendation, Members may seek technical assistance from the International Labour Organization and other relevant international organizations in accordance with their respective mandates.

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