Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

Federal level

1. The Committee notes the Government’s indication in its report that there has been a progressive decline in the average wage gap from 1990 to 2003 (33.2 per cent to 29.5 per cent). The Committee notes, however, that the average earnings of employed women are still substantially lower than those of men, even when employed full time. A recent study from Statistics Canada indicates that women employed full time, full year, earned 71 per cent of what men earned in 2003, and that the gap between the earnings of men and women has not changed substantially in the past decade (Women in Canada: A Gender-based Statistical Report, 2006, page 139). The statistics supplied by the Government with its report indicate that the earnings ratio over the same ten-year period (1993–2003), reached a low of 68.3 in 1997, and a high of 72.4 in 1995. The figure provided for 2003 is 70.5 per cent.

2. The Committee notes further that the Pay Equity Task Force, commissioned by the Government of Canada, presented its comprehensive report entitled “Pay equity: A new approach to a fundamental right” in May 2004, containing a number of recommendations for the implementation of a proactive pay equity regime. This regime would cover all federally regulated employers in the public and private sectors as well as federal contractors, and would include new legislation administered by a Canadian pay equity commission, a Canadian pay equity hearings tribunal and pay equity adjudicators. The Committee notes that the Government is analysing the recommendations, and that policy options are being developed for the Government’s consideration. Welcoming this broad‑ranging review and the innovative recommendations which seek to overcome the stalemate that seems to have been reached in Canada with respect to achieving pay equity, the Committee asks the Government to keep it informed of the measures taken or envisaged to give effect to the recommendations, and the impact thereof.

3. With respect to the process of classification reform in the Canadian public service, the Committee notes that considerable work has been undertaken in this area. The Committee notes in particular that the classification standards are assessed quantitatively and qualitatively by third-party experts to mitigate gender bias in the standards themselves, and that a classification monitoring framework has been implemented. The Committee asks the Government to continue to provide information on the progress of the process of classification reform, and on the results achieved particularly with respect to pay equity, as indicated in the reports to be submitted to the Public Service Human Resources Management Agency of Canada, and the results of any other analysis undertaken in this regard.

4. The Committee welcomes the information provided by the Government regarding the role of collective bargaining in promoting pay equity. The Committee notes in particular the inclusion in some collective agreements of a provision to establish joint labour-management committees to develop and implement pay equity plans. The Committee asks the Government to continue providing information regarding collective agreements promoting equal remuneration for work of equal value, as well as any information on the impact of such measures in decreasing the pay gap between men and women.

Provinces and territories

5. Equal value. The Committee notes that in Alberta, British Columbia, Newfoundland and Labrador, and in all the territories (Northwest Territories, Nunavut and Yukon), the legislation providing for equal pay does not reflect fully the principle of equal remuneration for work of equal value, as it limits comparisons to the same work, similar work or substantially similar work. With respect to Manitoba, New Brunswick, Nova Scotia and Prince Edward Island, while there is pay equity legislation, it only applies to the public sector, and comparisons in the private sector are limited to the same or substantially similar work. The Committee recalls that the principle of equal value is broader than the same work, similar work or substantially similar work, allowing a comparison where, as is often the case, there is occupational segregation, with women and men performing different jobs, and also across establishments. With respect to Saskatchewan, the Committee notes that the Labour Standards Act also prohibits discrimination in pay between men and women if they are employed for similar work, though there is some indication that the prohibition against discrimination in wages on the basis of sex in the Human Rights Act of Saskatchewan would allow for pay equity claims. The Committee notes in this regard that, according to the Government’s report, the Saskatchewan Human Rights Commission has recommended the enactment of comprehensive, proactive pay equity legislation, and the establishment of a pay equity commission. The Committee urges the Government to take measures for the adoption of legislation at the provincial and territorial levels, to ensure equal remuneration for men and women for work of equal value in both the public and private sectors. It also asks the Government to keep it informed regarding any measures taken or envisaged to implement the recommendations of the Saskatchewan Human Rights Commission with respect to equal remuneration.

6. New Brunswick. The Committee notes the introduction in June 2005 of the five-year action plan to reduce the wage gap in the province, following a Wage Gap Round Table. The Round Table concluded that the main causes of the wage gap were outdated societal attitudes and practices, including the family responsibilities of women, the surprisingly limited range of occupations made available to women, and the undervaluation of traditionally women’s work. The Committee notes with interest the Government’s statement that each of these contributors is addressed in the action plan, and that $2.9 million has been budgeted to implement the action plan. The Committee welcomes this initiative and looks forward to receiving information on the implementation of the action plan and its impact in reducing the wage gap.

7. Newfoundland and Labrador. The Committee notes from the Government’s report that the process of implementing a new gender-neutral classification system in the public sector has been delayed until April 2008, as part of expenditure management measures which were deemed to be needed to control deficits. The Committee regrets that the process of gender-neutral classification has been postponed, but hopes that the Government will be able to indicate in its next report that measures have been taken to ensure the process is undertaken effectively by April 2008, including providing an appropriate budgetary allocation.

8. Ontario. The Committee notes the information provided regarding the activities of the Ontario Pay Equity Office, including delivering educational seminars, providing interactive worksheets, examples and simple job evaluation tools, the launching of the Women’s Info Gateway, and proactive monitoring of small and medium-sized employers. The Committee welcomes this information and looks forward to receiving an update of the activities of the Pay Equity Office, as well as any information on the impact thereof.

9. Quebec. The Committee notes the Superior Court judgement declaring unconstitutional Chapter IX of the Pay Equity Act, and the resulting amendments to the Act in December 2004. According to the Superior Court, Chapter IX, was maintaining a system of systemic pay discrimination, contrary to the objective of the Act. As a result of this decision, 60 large employers were obliged to undertake equal pay programmes pursuant to the Act. The Committee also notes with interest the adoption of a regulation, which came into force in May 2005, allowing enterprises that do not have a male-dominated class to undertake a pay equity exercise. The Government states that, since discrimination is embedded in the social and economic fabric, the absence of a male-dominated class in an enterprise does not indicate an absence of pay discrimination based on sex. The Committee asks the Government to keep it informed with respect to the implementation and impact of the new regulation.

Federal and provincial levels

10. Complaints procedures. The Committee notes the information provided regarding the number of equal pay complaints filed with the relevant provincial bodies in Alberta, British Columbia, Ontario, Quebec and Saskatchewan. The Committee would like to continue receiving updated information regarding the number of complaints and the outcome, for these provinces, as well as the other jurisdictions.

11. Judicial decisions. The Committee welcomes the information provided in the Government’s report regarding equal pay-related court cases. The Committee asks the Government to continue to provide information regarding the conduct and outcome of equal pay cases.