persons born outside Canada may face barriers in obtaining OAS if they are denied benefits because they are unable to produce proof of birth date from authorities in the country of their birth. III. Assessment Overall, legislation relating to labour relations, employment standards and worker’s compensation appears to be compatible with Article 24(1)(a)-(b) and 24(2). These laws provide equal treatment between Canadian citizens and foreign nationals, including stateless persons, due to their inclusive definition of employee and worker. None of the laws reviewed make a distinction on the basis of immigration status or whether a person is “lawfully staying.” Even if a stateless person obtained a work permit because they were subject to an unenforceable removal order and unable to support themselves, the labour and employment standards in Canada would equally apply to them. Any exclusion from the applicability of these labour and employment standard laws is not due to one’s status as a foreign national or stateless person, but due to the nature of their occupation or position. With respect to social security legislation relating to employment insurance and pensions, there were a couple of concerns. First, while legislation relating to regular and special employment insurance programs appear to be compatible with Article 24(1)(b), the new provisions respecting employment insurance for self-employed individuals excludes foreign nationals, and thereby excludes stateless persons. This is clearly incompatible with Article 24(1)(b). Second, although federal legislation on pensions appears to be on its face compatible with Article 24(1)(b), there is a potential that policies dealing with a person’s application for CPP and OAS benefits could disproportionately and negatively impact stateless persons. This is because of the possibility that the Government of Canada may request a stateless person to prove their birth date in order to collect pension benefits. Stateless person may not be able to easily fulfil such a requirement due to their inability to access records in the country of their birth. Third, another concern is that the threshold for eligibility to collect OAS may exclude stateless persons who could be considered “lawfully staying” under the 1954 Convention. The legislation seemingly establishes a lower threshold by using the term “legally resided”. However, the policy provides that only persons with Canadian citizenship, permanent residence and a temporary resident permit are eligible. For stateless persons who have lived in Canada on a number of study permits or work permits for many years, it appears that they may have lived in Canada for a sufficient number of years, but can be denied benefits. This could occur despite the person having worked in Canada and paying taxes that fund the OAS pension. a. Canada’s International Human Rights Obligations In view of the three concerns identified above, Canada should be reminded of its international human rights obligations respecting stateless persons and the provision of social security. In particular Article 9 of the ICESCR articulates that States Parties “recognize the right of everyone to social security, including social insurance.”439 Reiterating General Comment No. 20 from the 439 91 ICESCR, supra note 235 at Art. 9. 91