Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report and the abundant documentation enclosed therewith.

Federal level

1. The Committee recalls that in April 1999 the Government announced a thoroughgoing review of the Canadian Human Rights Act and that a review panel had been set up to consider how human rights protection in Canada might be improved at the dawn of the twenty-first century. However, in view of the large number of pay equity claims under way, section 11 of the Act was expressly excluded from the review. This section deals with discriminatory practice in respect of wages. The Committee accordingly notes with interest that following the agreement concluded by the PSCA and the Treasury Board, the Ministry of Justice announced that section 11 of the Human Rights Act would also be reviewed, as would the 1986 Equal Wages Guidelines, with a view to ensuring clarity in the way pay equity is implemented in a modern world, and pointed out that section 11 had been adopted more than 20 years previously, since then understanding of pay equity had evolved a great deal. According to the Government’s report, the PSAC case has highlighted one of the weaknesses of section 11 already noted by the Canadian Human Rights Commission, namely that the system rests largely on the filing of complaints. The Committee would be grateful if the Government would keep it informed of the conclusions reached by the review panel, particularly concerning section 11 of the Human Rights Act, and by the review panel on the Equal Wage Guidelines of 1986, together with information on the action taken.

2. The Committee notes that the statistics supplied by the Government show a continued trend towards a narrowing of the wage differential between men and women. In December 1986 the average wage of women was equivalent to 75 per cent of men’s earnings, in December 1997 it was 80.5 per cent, and in May 2000, 84.2 per cent. In this connection, it should be pointed out that the wage gap between men and women is considerably narrower in respect of young people joining the labour market. For example, an examination of the wages of people recruited in 1999-2000 shows that women earned 94.1 per cent of what their male colleagues earned, which is most encouraging. According to the Government, the narrowing of the wage differential is partly due to the increase in the number of women employed in the public service and in the private sector, the drop in the percentage of men in blue-collar jobs and the increase in the level of wages in jobs mostly held by women. The Committee notes that, despite this undeniable progress, the statistics provided by the Government show that the wage differential between men and women for work of equal value tends to persist in both the public sector and the private sector.

Provincial level

3. Quebec. In light of the documents supplied by the Government, particularly the Guide on Pay Equity for enterprises employing from ten to 49 workers, the Committee notes with interest that the Commission on Pay Equity gives employers who are engaged in a job appraisal exercise specific examples of female characteristics which are often overlooked for each of the four factors mentioned. For example: (a) for the factor "skills", it cites the ability to operate and maintain various types of machines, document layout, text drafting/re-reading/revision/editing, fine-motor skills, setting-up and maintenance of filing systems; (b) for the factor "responsibility" it cites responsibility for computers, photocopiers and other office equipment, protection of secrecy, customer service, internal and external communication, caring for the sick, cleanliness, safety of premises, programme coordination; (c) for the factor "effort", it cites elements causing fatigue such as immobility, uncomfortable working postures, repetitive use of few muscles, regular handling of light objects, concentration required for rapid switching between several tasks, sustained concentration on a document for long periods, self-control; and (d) for the factor "working conditions", it cites noise in an open-plan workplace, dirt associated with caring for the sick, presence in the working environment of children, or dying, or mentally deficient or violent people, stress from multiple and often unforeseeable tasks, etc. The Committee also notes that, as well as the publication of numerous brochures, a helpline, training sessions and information sessions have been set.

4. Pursuant to the Pay Equity Act, the Minister of Labour of the province is to submit a first report sometime in November 2002 on the application of the Act by enterprises with fewer than 50 employees and on any amendments 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.

5. Alberta. In its previous comments the Committee asked the Government to supply information on the manner in which the four job evaluation factors - skills, responsibility, effort and working conditions - are used in practice to prevent characteristics associated with women’s work from being overlooked or undervalued, thereby ensuring pay equity. In its report the Government explains that in determining what constitutes "substantially similar work" the evaluation method used does take account of the four above criteria, but not exclusively. Job comparison is not confined to these criteria, and investigators may use any other criteria they deem relevant. The Committee would be grateful if the Government would specify the other criteria used, giving specific examples. Lastly, it asks the Government to indicate the measures taken to ensure that the other criteria are free of gender-discrimination.

6. British Colombia. The Committee recalls that in the Province of British Colombia, the Pay Equity Framework and Sectoral Guidelines do not have force of law in that there is no legal authority to enforce them. The Government indicates, however, that the pay equity policy has been successful in the public sector, the female-to-male earning ratio among regular full-time public service employees having risen from 81 per cent prior to pay equity to 88 per cent in January 2000 (from 85 to 95 per cent in the education sector, and from 86 to 97 per cent in the health care sector). Noting that the success is partly due to the establishment of a system of financial incentives and penalties, the Committee asks the Government to provide information on the manner in which such incentives and penalties are applied in practice.

7. 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 and on the practical effect given to this principle in the public sector.

8. Ontario. The Committee previously requested the Government to supply information on the practical application of the various job comparison methods used, and more generally the Pay Equity Act, as amended in 1996. It notes the Government’s statement that employers are not required to file their pay equity plans, so there is no means of central data collection to measure the results of comparison methods. It further notes that the Government continues to fund pay equity in the public sector (in an amount of C$500 million annually). In the absence of any information on the application in practice of the various job comparison methods and their respective merits, the Committee asks the Government to provide copies of any recent court decisions concerning the implementation of the Pay Equity Act, and to keep it informed of any developments in this respect.

9. North West Territories. The Government states that there have been no substantive changes regarding 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 Equal Remuneration Convention, 1951 (No. 100). The Committee wishes to recall 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 authorities of the province, were largely upheld by the Federal Court. The Committee therefore asks the Government to keep it informed of any changes in this regard or of any measures taken or envisaged to give full effect to the principle of the Convention.

10. Newfoundland and Labrador. The Committee notes that on 25 April 2000 the provincial authorities and public sector workers’ organizations signed a Memorandum of Understanding incorporating pay equity adjustments into the existing pay scales. The Committee notes that the process to ensure pay equity is now in its final stages, and would be grateful if the Government would indicate the measures taken or envisaged to ensure that pay equity is maintained when jobs are modified or created. Noting the Government’s statement that it plans to implement a new job evaluation system, it would be grateful if the Government would provide information on the new system.

11. Saskatchewan. The Committee notes that, although the principle of equal pay for work of equal value for men and women has not been extended to the private sector as yet, in the public sector pay equity is applied at all levels. The Committee notes in this connection that the implementation of pay equity has had repercussions on the job evaluation process. The Committee asks the Government to continue to provide information on the practical effect given to this principle in the public sector and to indicate any measures taken or envisaged to promote application of the principle in the private sector.

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