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

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

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Articles 1(b) and 2(2)(a) of the Convention. Work of equal value. Legislation. As in the past, the Committee draws the Government’s attention to the fact that the legislation in a number of provinces and territories does not give full expression to the principle of equal remuneration for men and women for work of equal value. More specifically, it recalls that: (1) the legislation in Nunavut does not appear to contain any provision regarding the principle of the Convention; (2) the Human Rights Acts applicable in Alberta, British Columbia, Newfoundland and Labrador and theNorthwest Territories limit the application of the principle of equal remuneration to the exercise of the “same”, “similar” or “substantially similar” work; and (3) the Pay Equity Acts in force in Manitoba, New Brunswick, Nova Scotia, Prince Edward Island and Saskatchewan, while recognizing the principle of equal remuneration for work of equal value in the public sector, do not apply in the private sector. The Committee notes with deep concern that the Government’s report does not provide information on any initiatives undertaken in these jurisdictions with a view to giving full legislative expression to the concept of work of equal value. The Committee once again urges the Government to take, without delay, the necessary measures to ensure that the legislation gives full expression to the concept of work of equal value, so that the principle of the Convention is applied in all provinces and territories, in both the public and private sectors. It therefore once again asks the Government to provide detailed information on the concrete steps taken, in each province and territory, to ensure conformity with the Convention, including any consultations with the workers’ and employers’ representatives, as well as the representatives of the provinces and territories.

Article 2. Legislative developments. Federal level. The Committee notes with satisfaction the Government’s indication that, on 31 August 2021, the Federal Pay Equity Act as well as the Pay Equity Regulations entered into force. The Pay Equity Act requires federally regulated private and public sector employers with at least 10 employees to develop, periodically review and update a pay equity plan (sections 6, 12 and 13). It also requires companies with unionised employees, as well as companies with 100 or more employees, to establish a pay equity committee composed of employer’s and employees’ representatives, whose role consists in developing and reviewing a pay equity plan (sections 16, 17 and 19). The plans established by the employers or the pay equity committees must first identify “job classes” (i.e. positions with similar duties, responsibilities and qualifications) that are predominately male or female, then determine the compensation associated with each job class according to the value of the work performed (sections 31–46). If pay gaps are identified between predominately male job classes and predominately female job classes, employers must implement ongoing wage adjustments as needed and make retroactive lump-sum payments for the gaps identified (sections 47–63). Furthermore, the Pay Equity Act establishes a Pay Equity Commissioner (section 104), who has the power, among other things, to order an employer to conduct internal audits (sections 118–124), issue administrative monetary penalties for non-compliance with the law (sections 125–146), as well as investigate complaints alleging contravention of the Pay Equity Act and issue orders to implement a pay equity plan or to pay compensation and interest (sections 149–160). While the Committee welcomes these legislative developments, it observes that the provisions of the Pay Equity Act do not apply to the governments of Yukon, the Northwest Territories and Nunavut, until a date that may be specified by the Governor (section 10). The Committee requests the Government to: (i) provide information on the application of the federal Pay Equity Act in practice, including information on the number of companies covered by this Act and the number of companies that have proceeded to wage adjustments or retroactive lump-sum payments in application of pay equity plans; (ii) communicate statistical data on the number, nature and outcome of any complaints submitted to the Pay Equity Commissioner, as well as on any penalties imposed or compensations awarded; and (iii) provide information on the measures taken or envisaged to extend the application of the Pay Equity Act to the governments of Yukon, the Northwest Territories and Nunavut.

Provinces. The Committee notes the Government’s indication that, in Quebec, the Pay Equity Act was amended in April 2019, with a view to improving the pay equity audit process conducted by employers with at least ten employees every five years. The amendments provide, among other things, that the correction of the gender pay gaps identified during the pay equity audit process must now be retroactive to the date that led to the pay gap. The Committee further notes the Government’s indication that, in April 2022, Ontario has enacted the Supporting Retention in Public Services Act (SRPSA), which authorises the provision of funding for employers to enhance the compensation paid to employees for the purpose of supporting public services. The Government explains that, while the SRPSA does not change the existing pay equity obligations of employers, it deems wage enhancements to be attributable towards pay equity gaps that may exist to help public sector employers to meet their obligations under the Pay Equity Act. The Committee asks the Government to provide information on: (i) the application in practice of the 2019 amendments to Quebec’s Pay Equity Act, including information on the number of companies which have proceeded to retroactive corrections of gender pay gaps identified during the pay equity audit process; and (ii) the impact of Ontario’s 2022 Supporting Retention in Public Services Act (SRPSA) on helping public sector employers to fulfil their obligations under the Pay Equity Act. Please also provide up-to-date information on any other legislative measures taken or envisaged at the provincial level to ensure the application of the principle of equal pay for men and women for work of equal value.

Equal pay for work of equal value of residential welfare workers in Quebec. Indirect discrimination. The Committee takes note of the collective agreement signed by the Quebec’s Minister of Health and Social Services and the RESSAQ in February 2022, which includes provisions on the job classification methods applied to residential welfare workers.

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