Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the detailed information provided in the Government's report and the attached documentation.

1. Article 1 of the Convention. Quebec. The Committee notes with interest the adoption of the Pay Equity Act of 21 November 1996 and the Regulation respecting the content and form of the report relating to pay equity or pay relativity plans completed or in progress on 21 November 1996. It notes that the Act applies to both the public and private sector and is designed to eliminate the salary gap due to systemic gender discrimination suffered by persons who occupy positions in predominately female jobs. The Act requires employers, who employ more than ten but fewer than 50 employees, to determine the adjustments in compensation necessary to afford the same remuneration, for work of equal value, to employees holding positions in predominantly female job classes as compared to employees holding positions in predominantly male job classes (section 34). Employers with more than 50 employees are required to establish a pay equity plan (section 31), to be in place within a time-limit of four years. For enterprises employing 100 or more employees, employers have to set up a pay equity committee (section 16); bipartite sector-based committees may be set up to facilitate the establishment of pay equity plans in a particular sector (Chapter III). The Committee further notes that pay equity plans must be developed in four stages: (1) identification of predominantly female and predominantly male job classes; (2) description of the job evaluation method and instruments; (3) the job evaluation exercise and determination of the necessary adjustments in compensation; and (4) determination of the terms and conditions of payment. In case new jobs are created or collective agreements renewed, pay equity must be maintained in the enterprise. Chapter V, Division I, of the Act establishes a "Commission on Pay Equity" which has a monitoring, advisory, research, promotional and regulatory role. It may receive complaints and carry out non-advisory investigations either on its own initiative or following a dispute or a complaint concerning matters of pay equity (Chapter VI, Division I). The Commission on Pay Equity is also authorized to resolve any questions concerning pay equity between a predominantly female job class and a predominantly male job class in enterprises employing fewer than ten employees in accordance with section 19 of the Charter on Human Rights and Freedoms, which has been amended accordingly (section 93(7) and Chapter X).

The Committee is raising other points in a request addressed directly to the Government.