Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Work of equal value. The Committee noted previously that in Alberta, British Columbia, Newfoundland and Labrador, Saskatchewan and in the territories, namely Northwest Territories, Nunavut and Yukon, full legislative expression is not given to the principle of equal remuneration for work of equal value. While there is pay equity legislation applicable to the public sector in Manitoba, New Brunswick, Nova Scotia and Prince Edward Island, comparisons in the private sector are limited to jobs involving the same or substantially similar work. The Committee had urged the Government to take measures for the adoption of legislation to ensure equal remuneration for work of equal value in both the public and private sectors. In response, the Government notes that no legislative changes are anticipated with respect to British Columbia or Manitoba. Regarding Saskatchewan, the Committee notes the Court of Queen’s Bench decision of 30 May 2007 referred to in the Government’s report holding that the Human Rights Code prohibition of discrimination in employment on the basis of sex does not guarantee equal pay for work of equal value, and that pay equity is a specific issue requiring dedicated legislation. The Committee notes that the Department of Justice and the Saskatchewan Human Rights Commission are considering how to respond to the ruling. The Committee regrets that no information is provided regarding the other provinces or territories.

The Committee draws the Government’s attention to the Committee’s 2006 general observation underscoring the importance of providing in legislation for equal remuneration not only for work that is the same or similar, but also for work that is of an entirely different nature, but which is nevertheless of equal value. This is particularly important given occupational sex segregation, which remains a feature of the Canadian labour market. The Committee stated in its general observation that legal provisions that are narrower than the principle as laid down in the Convention, hinder progress in eradicating gender-based pay discrimination against women at work as they do not give expression to the concept of “work of equal value”. The Committee, therefore, once again, 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, and to provide information on steps taken to this effect.

Application in practice. The Committee notes the numerous initiatives that have been undertaken in the various jurisdictions relevant to the application of the principle of the Convention in practice. The Committee notes in particular the Equal Pay for Work of Equal Value and Pay Equity Policy Framework introduced by the Saskatchewan government and the implementation of the New Brunswick Five Year Wage Gap Action Plan. The Committee notes with interest that, according to the Government’s report, the wage gap in every department and agency in which the Saskatchewan Policy Framework has been implemented has narrowed. The Committee also notes with interest that the New Brunswick Action Plan sets out clear and measurable benchmarks and targets for achieving pay equity, through changing societal attitudes, increased sharing of family responsibilities, reducing the job clustering of women and increasing the use of pay equity practices to better value work. The Committee also notes the work of the Ontario Pay Equity Office in providing educational seminars, an
e-learning programme, and outreach to employers’ organizations, trade unions and other stakeholders. The Quebec Pay Equity Commission has also been active in awareness-raising and training activities and developing tools, offering its services to 17,000 people from 2005 to 2007. With respect to the Quebec regulation concerning pay equity in enterprises that do not have a male-dominated class, the Committee notes the Government’s reply that it is still too early to be able to evaluate the impact of the regulation. The Committee welcomes these initiatives, and looks forward to continuing receiving information on the implementation of these measures in practice and their impact in reducing the gender pay gap.

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