For this report, only Article 24(1)(a)-(b) and Article 24(2) will be assessed. In particular, the applicable legal framework respecting employment standards, collective bargaining, workers’ compensation, employment insurance and pensions will be reviewed in relation to lawfully staying stateless persons. II. Canadian Legal Framework a. Article 24(1)(a): Federal Labour & Employment Standards The Government of Canada legislates labour and employment standards for industries within federal jurisdiction. The relevant legislation in regard to remuneration, hours of work, overtime, holidays with pay, minimum age of employment, and the enjoyment of the benefits of collective bargaining is the Canada Labour Code.397 For federal public sector employees the applicable legislation is the Public Service Labour Relations Act.398 The Canada Labour Code and the Public Service Labour Relations Act state that “employees” are able to form associations and trade unions.399 The term “employee” is not restricted on the basis of whether a foreign national is “lawfully staying”, but can be limited by the person’s position or the type of service they provide. However, practically speaking, in order for a stateless person to be an “employee”, they would need to be in possession of a valid work permit, which arguably renders them “lawfully staying.” Even if a stateless person was subject to an unenforceable removal order and they were issued a work permit under section 206(1)(b), which does not grant them temporary resident status, the lack of a distinction in the definition of “employee” in the Canada Labour Code and the Public Service Labour Relations Act between foreign nationals and Canadian citizens would ensure treatment equal with Canadian nationals. The Canada Labour Code outlines the standards applicable to all employees for hours of work, wages, vacation and holidays. These standards apply equally to all “employees” of an organization.400 Furthermore, in the “enjoyment of the benefits of collective bargaining” the Canada Labour Code requires trade unions that are the bargaining agent for a bargaining unit to maintain a “duty of fair representation” towards its members. This requires the union to not act in a manner that is discriminatory in the representation of any of the employees in the bargaining unit with respect to their rights under the collective agreement.401 If a stateless person believes that he or she is being discriminated on the basis of their national or ethnic origin in employment or by their trade union, they can make a human rights complaint.402 Canada Labour Code, supra note 166 at preamble. The preamble to the Canada Labour Code states that the Code is implementing legislation for Canada’s obligations in ratifying the ILO Convention No. 87, supra note 166. 398 PSLRA, supra note 167 at s. 2. 399 Canada Labour Code, supra note 166 at s. 3(1) & 8(1); Ibid., at ss. 2(1) & 5. 400 Canada Labour Code, ibid., at ss. 166-267. Note that those who are excluded from the provisions regarding hours of work are individuals who are in architectural, dental, engineering, legal or medical professions, see Canada Labour Standards Regulations, CRC, c 986, at s. 3, available at: http://canlii.ca/t/52f3p. 401 Canada Labour Code, ibid., at s. 37. 402 Canadian Human Rights Act, supra note 52 at ss. 3(1), 7-10 & 40(1). 397 85 85