Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Articles 1 and 2 of the Convention. Gender wage gap. The Committee notes from the statistical information provided by the Government at the federal level that the average annual employment income gap was 27 per cent in 2020 (down from 29 per cent in 2019) and that, when comparing the average hourly wages of men and women, women earned 89 cents for every dollar earned by men in 2021, suggesting a gap of 11 per cent (compared to 13 per cent in 2018). It also notes from a research paper entitled “The Gender Wage Gap in Canada: 1998 to 2018”, published in 2019 by Statistics Canada, that the average hourly wage gap was larger in provinces that do not give full legislative expression to the principle of the Convention in both the public and private sectors, such as Alberta (17.6 per cent) and British Columbia (18.6 per cent). The Committee further notes the Government’s indication that, in 2021, the average hourly wage gap at the federal level was more significant in some industries, such as business, finance and administration occupations (29.4 dollars per hour for women compared to 34.3 dollars for men), as well as middle management occupations in retail and wholesale trade and customer services (35.22 dollars per hour for women versus 41.55 dollars for men). The Government adds that, according to a study entitled “Who Are the Working Women in Canada’s Top 1 per cent”, published by Statistics Canada in 2019, women continue to be less represented than men among top income groups, and women in such groups earn less than their male counterparts, with the gender pay gap being higher in senior management positions. Noting the decreasing – yet still important – gender wage gap, the Committee asks the Government to:(i) continue to communicate detailed statistical information, at both the federal and provincial levels, on the wage and earning rates disaggregated by sex and by economic sector; and (ii) provide information on the specific measures taken or envisaged, at both the federal and provincial levels, to effectively reduce the gender pay gap and improve the access of women to a wider range of job opportunities, including to higher-level and higher-paid occupations, and on the impact of these measures.

Article 2. Legislative developments. Federal level. The Committee notes with interest the Government’s indication that, on 1 January 2021, the Employment Equity Act and the Employment Equity Regulations were amended to include new pay reporting provisions. According to these provisions, federally regulated private sector employers with 100 employees or more are now required to include aggregated information on the pay gap experienced by women, indigenous people, persons with disabilities and members of visible minorities in their annual reporting on employment equity. The Government adds that this information will be made publicly available through an online data visualization application, currently under development, with a view to raising public awareness of pay gaps and prompting employers to examine their human resources and compensation practices and show leadership in reducing those gaps. The Committee requests the Government to provide information on: (i) the application in practice of the amendments to the Employment Equity Act and the Employment Equity Regulations, including information on the number of companies covered by the pay gap reporting obligation and the gender pay gaps identified for work of equal value; and (ii) the implementation of the online tool designed to make pay gap information publicly available and to raise awareness of pay gaps experienced by vulnerable groups, including women.

Provinces. The Committee takes note of the Government’s indication that, in June 2022, Prince Edward Island introduced new pay transparency provisions in the Employment Standards Act. The Government explains that, although not directly related to equal remuneration, the new provisions will assist in achieving gender pay equality, notably by prohibiting employers from seeking pay history information from job applicants and by requiring employers to include wage information in publicly advertised job postings. The Committee further notes that, in March 2023, British Columbia’s Minister of Finance introduced a new Bill, expected to enter into force in November 2023, which contains pay transparency provisions also aiming at reducing the gender pay gap. If passed, the new legislation will similarly prohibit employers from seeking pay history information from job applicants and require them to include wage information in publicly advertised job postings, as well as to publish annual pay transparency reports. Noting with interest these developments, the Committee requests the Government to provide information on the impact of the 2022 pay transparency provisions, introduced in Prince Edward Island’s Employment Standards Act, on reducing the gender pay gap. Please also communicate information on the status of the 2023 bill on pay transparency provisions in British Columbia, as well as on any other similar provisions at the provincial level, and on their impact on promoting the principle of the Convention.

Application of legislation in practice. The Committee takes note of the Government’s indication that, in 2018, it introduced the Gender Results Framework (GRF), which represents Canada’s vision for gender equality and measures the country’s ability to meet various objectives, including reducing the gender pay gap. The Government adds that, in 2021, the Pay Equity Office of Ontario ran a special campaign on reducing the gender pay gap, entitled “Level the Paying Field”, and that the Commission of Standards, Equity, Health and Safety at Work in Quebec also launched an awareness-raising campaign on the gender pay gap to celebrate the Pay Equity Act’s 25th anniversary. Noting the limited information provided by the Government, the Committee once again asks the Government to provide more detailed information on the initiatives undertaken, at both the federal and provincial levels, to effectively reduce the gender pay gap and to promote in practice better understanding and implementation of the principle of equal pay for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee asks the Government to communicate up-to-date information on any objective job evaluation measures taken or envisaged, at both the federal and provincial levels, to promote the principle of equal remuneration for men and women for work of equal value and reduce the gender pay gap, and on the impact thereof.

Article 4. Cooperation with employers and workers’ organizations. The Committee asks the Government to provide information on any cooperation with workers’ and employers’ organizations for the purpose of giving effect to the principle of equal remuneration for men and women for work of equal value (including on any consultations undertaken, both in the federal public and private sectors, regarding job classification systems, and on the results thereof), and to communicate copies of any collective agreements containing provisions on the principle of the Convention.

Enforcement. The Committee asks the Government to: (i) communicate statistical data on the number and nature of complaints filed regarding equal remuneration between men and women workers, as well as on the relevant judicial and administrative decisions issued by jurisdictions at federal and provincial levels; and (ii) indicate any action taken to build the capacity of the competent authorities, in particular labour inspectors and other relevant officials, to identify and address pay inequalities.