Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the Canadian Labour Congress (CLC) received on 31 August 2015, the observations of the Public Service Alliance of Canada (PSAC) received on 31 August 2015, the observations of the Confederation of National Trade Unions (CSN) received on 31 August 20l5, and the observations of the Coalition of Residential Resources of Quebec (RESSAQ) received on 27 August 2015.

Article 1(b) of the Convention. Work of equal value. Legislation. For many years, the Committee has been noting that in a number of Canadian provinces and territories full legislative expression has not been given to the principle of equal remuneration for work of equal value, because the legislation limited comparisons to jobs involving the same work, similar work or substantially similar work. The Committee recalls that the legislation in Alberta, British Columbia, Newfoundland and Labrador, Saskatchewan, the North-West Territories and Yukon do not give full expression to the principle of equal remuneration for work of equal value; and that in the provinces with pay equity legislation applicable to the public sector, notably, Manitoba, New Brunswick, Nova Scotia and Prince Edward Island, there does not appear to be any progress in adopting similar legislation for the private sector. While noting that the Government of Saskatchewan continues to implement the 1997 Equal Pay for Work of Equal Value and Pay Equity Policy Framework in the public sector, the Committee notes with concern that the new Saskatchewan Employment Act adopted in 2014 does not revise the equal pay provision to include the concept of work of equal value. The Committee notes that the CLC repeats its concern over the inadequacy of the legislation as well as the wide disparity in pay equity protection among the provinces, which it believes contributes to the gender pay gap. The Committee once again urges the Government to take steps to ensure that the legislation in all of the provinces and territories gives full expression to the concept of work of equal value so that the principle of the Convention is applied in all of the provinces and territories in both the public and the private sectors. The Committee asks the Government to provide detailed information on the steps taken to bring the legislation into conformity with the Convention, including any consultations with worker and employer representatives and representatives of the provinces and territories.

Article 2. Legislative developments. Federal level. The Committee recalls its previous comments concerning the Public Sector Equitable Compensation Act (PSECA) which had been adopted in 2009 but has not yet come into force. The Committee recalls that CLC has continuously expressed concerns about the PSECA because, among other things, it was not proactive and it unacceptably introduced market forces as a factor for consideration in the valuation of work. The Committee notes that in the view of PSAC, the PSECA restricts the rights to pay equity of federal sector workers. Both CLC and PSAC call for the repeal of the PSECA. In addition to the explanations provided by the Government in its report, the Committee notes that a Special Committee on Pay Equity was created by the Parliament on 17 February 2016, with a mandate to conduct hearings on the matter of pay equity and to propose a plan to adopt a proactive federal pay equity regime, both legislative and otherwise. On 9 June 2016, the Special Committee tabled its report titled “It’s Time to Act” and the Government responded on 5 October 2016 reaffirming its commitment to develop a proactive pay equity reform, including new legislation. The Committee notes that the Special Committee recommends that the Government repeal the PSECA, and draft proactive pay equity legislation. The Committee also notes that the report recommends that the Government accept the overall direction and recommendations of the 2004 Federal Pay Equity Task Force report. Noting the concerns that have been raised over the persistence of the gender pay gap, the Committee welcomes the review of pay equity legislation at the federal level and asks the Government to provide information on the steps taken to implement the recommendations of the “Its Time to Act” report, including the adoption of new proactive legislation, its administration and enforcement structures, the repeal of the PSECA, and any other measures adopted to facilitate the transition to a new coherent national pay equity regime.

Provinces. The Committee welcomes the process set in motion in Ontario in 2015 to develop a gender wage gap strategy to complement the pay equity legislation and that in November 2017 the Steering Committee has released its report and recommendations to be taken up by the Ministry of Labour of Ontario with a view to moving forward on the development of the strategy. The Committee notes that the recommendations are organized around balancing work and caregiving, valuing work, addressing workplace practices and challenging gender stereotypes. In Quebec, the Committee notes the concern of the CSN that the merger in 2014 of the Equity Pay Commission, with the Labour Standards Commission and the Occupational Health and Safety Commission will compromise the effective application of the Pay Equity Act. The Government indicates that the merger will improve the geographical reach of the commissions. The Committee asks the Government to report on the development and implementation of the wage gap strategy in Ontario. Noting the various important functions performed by the Pay Equity Commission, including technical advisory and education services along with promotion and monitoring of the enforcement of the Pay Equity Act, the Committee asks the Government to indicate the manner in which the merger of the Pay Equity Commission with the abovementioned institutions affects the implementation of the Pay Equity Act in Quebec and the other services it previously performed.

Equal pay for work of equal value of residential welfare workers in Quebec. Indirect discrimination. The Committee notes the observations submitted by the RESSAQ on the discriminatory impact of the Act on the Representation Resources on their members, the majority of whom are women. Specifically RESSAQ contends that successive job and salary reclassifications have been based on budgetary cuts and not on objective job appraisals, and that female dominated occupations within the job classifications have been unfairly discriminated against. They state that this has had the impact of downgrading personnel and levels of pay and creating a sub-class of workers based on sex, and not on the important content and results of their work in accordance with pay equity legislation and this Convention. The Committee notes the important work undertaken by the welfare workers. However, the Committee also notes that RESSAQ does not provide sufficient information on the gender bias of the occupational classifications, the methodology used in the reclassification or in the disparity of results based on statistical data disaggregated by sex, for the Committee to draw any conclusions. Noting the observations of the RESSAQ, the Committee asks the Government to examine the concerns raised by the RESSAQ and to ensure that the job evaluations are objective and that gender bias has not directly or indirectly entered into or impacted the reclassifications or the salary readjustments, and to take any necessary corrective action to ensure the application of the Convention to these workers.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the concerns raised by the PSAC over the manner in which its efforts to effectively negotiate and collectively bargain to promote the application of the Convention had been frustrated. Specifically it refers to its inability to help in the development of a new classification system for the federal public sector, an issue which the Committee raises in more detail in its direct request. The Committee stresses the importance it places on government cooperation with employer and worker representatives in order to ensure the application of the Convention and hopes that the Government will be in a position to report on the results of the consultation with the PSAC on classification systems, appraisal methodologies and compensation.

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