Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Equal Remuneration Convention, 1951 (No. 100) - Canada (Ratification: 1972)

The Committee notes the detailed information supplied by the Government in its report and the accompanying documentation.

1. Article 1 of the Convention. Quebec. The Committee notes with interest that section 137 of the Charter of Human Rights and Freedoms - which was not compatible with the requirements of Article 1(a) since it allowed discriminatory distinctions to be made between male and female workers with regard to employment retirement schemes and social benefits - was repealed on 13 June 1996 and replaced by a new section (20.1) which reads as follows: "In an insurance or retirement pension contract, a social benefit, retirement, pension or insurance scheme or a global pension or insurance scheme, a distinction, exclusion or preference based on ... sex ... is deemed non-discriminatory when its use is legitimate and the grounds on which it is based constitute a risk determining factor based on actuarial data." Henceforth, distinctions, exclusions or preferences are deemed non-discriminatory only where they relate objectively to the risk insured.

2. The Committee is addressing a request directly to the Government on other points.