Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the information contained in the Government’s report and the documentation enclosed.

General

1. The Committee asks the Government to provide information on the measures taken or envisaged to obtain the collaboration of the social partners in promoting the principle of equal pay and on the manner in which it implements the Convention through collective agreements.

Federal level

2. The Committee notes that the reform of the job classification system, which the Government has been working on since 1996, and the implementation of the new job evaluation tool, the Universal Classification Standard (UCS) 2.0, on which testing began in 1998, has been halted. According to the Government’s report, officials concluded that, although classification reform is necessary to ensure the continued effectiveness of the public service, applying a single standard and a single pay structure to all public servants would create a management framework that would be too rigid and inflexible for the varied work accomplished by them. The Committee notes the Government’s intention to move forward to simplify and modernize classification with a balanced system that reflects labour market reality, treats men and women equitably and helps the Government recruit and retain competent public servants. The Committee further notes that the Government, while using the same factors (responsibility, skill, effort, working conditions) and elements (gender neutrality, simplicity) used under UCS 2.0 as a basis for its new orientation, has refocused its approach, tailoring it to specific occupational groups, beginning with those whose existing standards are considered to be particularly outdated or to impede sound management.

3. Further to the above, the Committee understands how the imposition of one classification standard may have proved difficult to implement and that a new reform "will not happen overnight", but it expresses concern in relation to the outcome of the ongoing reform. It would be grateful if the Government would provide information on: (1) the practical difficulties experienced by the Government during the implementation of USC 2.0; (2) the alternatives studied; and (3) the new orientation taken by the Government. Considering that one of the primary objectives of the former system was to ensure pay equity between men and women, please provide information on the manner in which the new approach will ensure application of the Convention, including the criteria upon which the general and guidelines review will be based and the manner by which downgrading of pay in female-dominated occupations will be avoided.

4. The Committee notes with interest that the implementation of the agreement between the Public Service Alliance of Canada (PSAC) and the Treasury Board, which ended an action brought in 1991 by the PSAC against the latter, is expected to be completed by the end of 2002. The Committee would be grateful if the Government would provide a report of the results achieved by the agreement once its implementation is completed.

5. The Committee takes note that the review panel on pay equity, established by the Minister of Justice and the Minister of Labour to undertake a comprehensive review of federal pay equity legislation, which includes section 11 of the Canadian Human Rights Act and the Equal Wages Guidelines, 1986, has to submit a report with recommendations to the Ministers by 31 March 2003. The Committee would like to be kept informed of the conclusions reached by the review panel and the action taken thereon. The Committee further takes note of the special report submitted by the Canadian Human Rights Commission in February 2001, in which the Commission calls on the Government to reform the complaints-based approach pay equity system. It notes that the Commission believes that this approach does not address systemic wage discrimination efficiently, effectively or proactively. The Committee asks the Government to indicate its follow-up to the Commission’s report and recommendations.

6. The Committee notes that the statistics supplied by the Government show a continued gender gap decline since the Government’s last report. For instance, according to the Government’s report, the average salary of women was 85.6 per cent of what men earned (14.4 per cent wage gap) compared to 84.2 per cent in May 2000 (15.8 per cent wage gap). However, the Committee notes that, despite this constant progress, the statistics provided by the Government show that the wage differential between men and women for work of equal value remains in both the public and private sector. The Committee would be grateful if the Government would continue to supply statistical data on the remuneration gap, in accordance with its 1998 general observation.

Provincial level

7. New Brunswick. The Committee notes with interest that New Brunswick has enacted six family-friendly amendments to its Employment Standards Act, including improvements in childcare leave, bereavement leave, sick leave, vacation leave, family responsibility and jury duty. The Committee asks the Government to provide information on how the application of these measures in practice has assisted in the application of the Convention.

8. Ontario. The Committee also notes the action launched by the Ontario Public Service Employees Union (OPSEU) with other unions and individuals, on 17 April 2001, against the Ontario Government, regarding pay equity funding. The unions and individuals are seeking an order from the Court that the Ontario Government fund over $140 million in proxy pay equity adjustments allegedly owing under the Pay Equity Act from 1999 to date and continue funding until pay equity is achieved. According to the Act, employers using the job-to-job or proportional value methods were statutorily required to achieve pay equity by 1998, whereas the Act did not fix a time limit on the achievement of pay equity for proxy employers. The unions argue that discontinuing ongoing funding for proxy adjustments in the broader public sector violates the equality provisions of the Canadian Charter of Rights and Freedom. The Committee asks the Government to keep it informed of the status of that case and any relevant court decision on that matter. It also asks the Government to continue to provide information on any amendments to the Pay Equity Act.

9. Quebec. Pursuant to the Pay Equity Act, the Minister of Labour of the province is to submit a first report on 21 November 2002 on the application of the Act by enterprises with fewer than 50 employees and on any amendment made to the Act, and a second report on 21 November 2006 on the application of the Act in all enterprises. The Committee would be grateful if the Government would provide a copy of the first report on the implementation of the Pay Equity Act as soon as it is available, and the recommendations of the Minister as to whether the Act needs to be amended.

10. Nova Scotia. The Committee again asks the Government to provide information on any developments with respect to the extension of pay equity to private sector corporations and bodies as well as on the practical effect given to this principle in the public sector.

11. Alberta. The Committee notes that the Province of Alberta does not have pay equity legislation but, according to the Government’s report, it "insists upon equal pay for equal work in the same business establishment". The Committee recalls that, under the Convention, the principle of equal remuneration for men and women workers for work of equal value should be implemented by means of: national laws or regulations; or legally established or recognized machinery for wage determination; or collective agreements between employers and workers; or a combination of these various means. It hopes that the Government will be able to provide information on the criteria (apart from skills, responsibility, effort and working conditions) used in practice to prevent characteristics associated with women’s work from being overlooked or undervalued, and on other measures to promote pay equity.

12. Newfoundland and Labrador. The Committee notes that the Government is in the process of implementing a new gender-neutral position classification system. It notes that a joint advisory committee with representatives from the four public sector unions and from management has been appointed, and that a consultant is being selected. The Committee would appreciate being kept informed of this process and of the work of the advisory committee and its results.

13. Nunavut. The Committee asks the Government to provide information on the application of the principle of equal pay for work of equal value in law and practice, in both the public and private sector.

14. Saskatchewan. The Committee notes that the Saskatchewan Pay Equity Program (PEP) is part of the strategy of the Saskatchewan Government to reduce that portion of the wage gap between male and female wages caused by systemic discrimination and the undervaluation of work traditionally done by women. However, the Committee notes that the PEP only applies to provincial public sector workplaces and that the Saskatchewan wage gap (ratio of female to male earnings for full-time full-year workers) was still, in 1999, 77.4 per cent. The Committee requests information on any measures taken to apply equal pay for work of equal value in the private sector and to accelerate reduction of factors in the private sector that lead to the considerable earnings differences.

15. British Columbia. The Committee notes that in March 2001 the BC Human Rights Code was amended to ensure equal pay. According to the new article 12 of the Code, which came into force on 1 June 2002, an employer must not discriminate in wages on the basis of sex for "similar or substantially similar work". Section 2 of article 12 stipulates that the concepts of skill, effort and responsibility must be used to determine the meaning of these terms, subject to other factors, such as seniority systems, merit systems and systems that measure earnings by quantity of production. The Committee recalls that the Convention requires equal pay for work of equal value, which is a broader notion than "similar or substantially similar work". It asks the Government to provide information on the application of this new amendment in practice and any relevant judicial decisions applying it. In light of the requirements of the Convention, please also supply information on the manner in which equality is ensured in valuation of work.

16. Northwest Territories. The Committee, in its previous direct request, noted the government statement to the effect that there had been no substantive changes to section 6(1) (on equal pay) of the Fair Practices Act, in which the definition of "similar or substantially similar work" is narrower than the one embodied in Article 1 of the Convention. The Committee recalled that the report on the inquiry by the Canadian Human Rights Commission found that there was gender-based wage discrimination and that its conclusions, challenged by the territorial authorities, were largely upheld by the Federal Court. It therefore asks the Government to keep it informed of any changes in that regard or of any measures taken or envisaged to give full effect to the principle of the Convention in law and practice.

17. Yukon. The Committee again asks the Government to provide information on any developments regarding the extension of the principle of equal pay for work of equal value to private sector enterprises and bodies, and on the practical implementation of this principle in the public sector.