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Article 2. Application in practice. The Committee notes the updated information provided on the various initiatives that have been undertaken in some of the jurisdictions relevant to the application of the principle of the Convention in practice, including in the context of the New Brunswick Five-Year Wage Gap Action Plan and the “Equality at Work” pilot programme targeted at the private sector; the Saskatchewan Equal Pay for Work of Equal Value and Pay Equity Policy Framework; the range of activities of the Ontario Pay Equity Office and under the federal Pay Equity Program. The Committee notes, in particular, the proactive monitoring campaign in the hotel, motel and retail sectors initiated by the Ontario Pay Equity Office, in order to assess the levels of compliance and to enforce pay equity. The Committee would appreciate continuing to receive information on these measures, as well as regarding initiatives taken in the other provinces and territories to apply the principle of equal remuneration for work of equal value in practice, including the impact of such measures. Please also provide information on the role of the Pay Equity Program in the context of the Public Sector Equitable Compensation Act.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the New Brunswick Government is currently working with the private sector to conduct job evaluations with a view to achieving pay equity in female dominated occupations that provide care to the most vulnerable in society, namely child-care workers, home support workers, transition homeworkers, nursing home workers and human service workers. The Committee also notes that in Newfoundland and Labrador, a new job evaluation system has been put in place to classify approximately 25,000 positions in the public service, and a pilot project to address 135 classifications has been agreed between the employer and the unions. The Committee asks the Government to provide information on the job evaluation initiatives being undertaken in New Brunswick and in Newfoundland and Labrador, including the practical impact in addressing wage inequality. Please also provide a copy of the federal guidelines on classification monitoring once they are finalized. The Committee also requests information on the measures taken with respect to promoting objective job-evaluation methods in the public and private sectors in the other jurisdictions.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee asks the Government to continue to provide information on any cooperation with workers’ and employers’ organizations for the purpose of giving effect to the principle of equal remuneration for men and women for work of equal value. The Committee would also welcome receiving copies of collective agreements containing provisions on equal remuneration for work of equal value.

Enforcement. The Committee notes from the Government’s report, that with the exception of Ontario, there have been very few pay equity complaints. The Committee recalls that the absence of complaints may be due to a lack of awareness of the relevant legal provisions or procedures, or lack of confidence in, or practical access to, procedures. The Committee encourages the Government to take steps to raise awareness of the relevant legal framework for equal remuneration and the procedures available. The Committee also requests the Government to consider measures to build the capacity of the responsible authorities, in particular labour inspectors and other relevant officials, to assist them in identifying and addressing pay inequalities. Please continue to provide information on the number and nature of complaints filed relating to equal remuneration, as well as relevant judicial and administrative decisions. The Committee hopes that in future this information will also be provided regarding all the provinces and territories.

Statistics. Noting the Government’s indication that an in-depth analysis of the wage gap over the past 20 years is forthcoming, the Committee asks the Government to provide a copy of this analysis once it is available, and to indicate any measures envisaged with a view to responding to the findings of the analysis. Please also provide statistics on the earnings of men and women in both the public and private sectors, by occupation and level of responsibility.

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Legislative developments. Federal. The Committee notes that the Public Sector Equitable Compensation Act (PSECA) was adopted in March 2009, and is expected to enter into force in 2011, following the development of regulations. The Committee notes the Government’s indication that the Act sets out a proactive approach to ensure compensation is equitable at the time compensation decisions are made. The Committee also notes the communication of the Canadian Labour Congress (CLC) stating that the PSECA represents a very significant setback for pay equity.

The Committee notes that the PSECA provides for an equitable compensation assessment of female predominant job groups or classes (defined as composed of at least 70 per cent female employees) to assess the value of the work performed, without gender bias, which is to lead to a plan to address any equitable compensation matters. The Committee notes that concerns have been raised by the Parliamentary Standing Committee on the Status of Women in its June 2009 report, and a recommendation was made to repeal the Act and replace it with a proactive federal pay equity law, as recommended by the Pay Equity Task Force. The CLC makes a similar recommendation. Though acknowledging that problems existed with the complaints-based approach to pay equity under the Canadian Human Rights Act, the Standing Committee raised concerns regarding the PSECA due to the high threshold of defining a “female predominant group”, the difficulty for individual women to bring a complaint, and the move from a rights-based approach to pay equity as set out in the Canadian Human Rights Act, to an issue of negotiation. The Committee also notes that, while the criteria to assess the value of the work performed are linked to skill, effort, responsibility and conditions, this assessment can then be limited by factors such as market forces. The Committee recalls in this regard that pursuant to the Convention, the Government is required to ensure the application of the principle of equal remuneration for men and women for work of equal value, which refers to rates of remuneration established without discrimination based on sex. The Committee is concerned that the assessment under the Act may not adequately ensure a non-discriminatory assessment, since factors such as market forces may themselves be inherently gender-biased. Given the concerns noted above, including by the CLC and the Parliamentary Standing Committee, the Committee asks the Government to take steps to assess further the potential impact of the Public Sector Equitable Compensation Act in ensuring equal remuneration for men and women for work of equal value, before it enters into force, and to take any necessary steps to address any deficiencies in this regard. It also asks the Government to provide specific information on the ability of individuals to bring a claim for non-compliance with the principle of equal remuneration for work of equal value, and the possible role of their union in that process. Noting the Government’s indication that the Act ensures equitable compensation at the time compensation decisions are made, the Committee asks the Government to clarify whether there is the possibility of periodically reviewing compensation based on the principle of equal remuneration for work of equal value, after compensation has been determined.

Legislative developments. Provincial. The Committee notes that new legislation on pay equity has been adopted in New Brunswick (Pay Equity Act 2009), and that the Quebec Pay Equity Act was amended in 2009. The Committee notes with interest that, pursuant to the recent amendments of the Quebec Pay Equity Act, pay equity audits need to be undertaken every five years and a joint advisory committee with an equal number of employers’ and employees’ representatives is established to advise the Equal Pay Commission, regarding making regulations, developing tools to facilitate the achievement or maintenance of pay equity, and addressing any problems in carrying out the Act. The Committee asks the Government to provide information on the practical application of the New Brunswick Pay Equity Act and the revised Quebec Pay Equity Act.

Work of equal value. The Committee recalls its previous observation regarding the fact that in a number of Canadian jurisdictions, full legislative expression had not been given to the principle of equal remuneration for work of equal value, as the legislation limited comparisons to the same work, similar work or substantially similar work. The Committee notes the Government’s indication that there has been no change in this regard with respect to Alberta, British Columbia, Newfoundland and Labrador, Saskatchewan, the Northwest Territories and the Yukon. In the jurisdictions with pay equity legislation applicable in the public sector, notably, Manitoba, New Brunswick, Nova Scotia and Prince Edward Island, there does not appear to be any progress in adopting similar legislation for the private sector. Regarding Nunavut, the Government indicates that a number of aspects of the labour and human rights legislation and practices are currently under review. Noting from the information provided in the Government’s report that very little progress has been made in closing the gender wage gap, the Committee urges the Government to take steps to ensure that the legislation in all the jurisdictions gives full expression to the concept of “work of equal value”, so that the principle of the Convention is applied in both the public and private sectors. The Committee asks the Government to provide detailed information of steps taken in this regard.

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

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Gender pay gap and statistics. The Committee referred previously to a detailed study from Statistics Canada on gender-based statistics, indicating a significant gender wage gap, which seemed to have stagnated. The Committee notes that no comparable data were provided for the reporting period under review, and that data available from Statistics Canada on wages in different occupations do not appear to be disaggregated by sex. The Committee asks the Government to provide information on the specific measures taken to collect and compile statistical data on the earnings of men and women, as far as possible as outlined in the Committee’s 1998 general observation, and to provide such data in its next report. Noting that a consensus regarding the implementation of the recommendations of the Pay Equity Task Force could not yet be achieved, the Committee asks the Government to provide information on whether continuing efforts are being made to reach a consensus with a view to implementing the recommendations. The Committee also requests information on the results achieved under the proactive three-stage Pay Equity Program.

Article 3. Objective job evaluation. The Committee notes the information provided regarding the status of the classification modernization programme being undertaken in the federal public service. The Committee also notes that implementation of the new gender-neutral classification system for the public sector in Newfoundland and Labrador was scheduled to begin in April 2008. In addition, job evaluation studies have been undertaken under the New Brunswick Wage Gap Action Plan. The Committee asks the Government to provide information on the results achieved with respect to equal remuneration for work of equal value through the classification modernization system, the new gender-neutral classification system, the job evaluation studies under the Wage Gap Action Plan, and any other similar initiatives. Please also provide a copy of the guidelines on classification monitoring developed by the Canadian Public Service Agency. The Committee would also appreciate information on the measures taken with respect to promoting objective job evaluation methods in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the federal three-stage Pay Equity Program involves unions and employers’ organizations in education and promotional activities. It also notes with interest the establishment of a number of labour–management pay equity committees referred to in the Government’s report, with detailed mandates, including recommending a job evaluation tool and methodology, conducting job analysis, and making recommendations. The Committee also notes that three pay equity agreements have been concluded in Quebec in the health and education sectors, and in the public service, resulting in a pay adjustment of between approximately 5 and 6 per cent. The Committee asks the Government to continue to provide information on any cooperation with workers’ and employers’ organizations for the purpose of giving effect to equal remuneration for men and women for work of equal value. The Committee would also welcome information on the practical impact of the labour–management initiatives in narrowing the gender pay gap.

Enforcement. The Committee notes the information provided regarding complaints filed and decisions rendered relevant to equal remuneration in the federal jurisdiction, Alberta, Ontario, Saskatchewan and the Northwest Territories. The Committee also notes the measures taken in Quebec to decrease the delays in addressing equal pay matters through the Pay Equity Commission, and the success of the conciliation service offered in this context. The Committee asks the Government to continue to provide information on the number and nature of complaints filed relating to equal remuneration, as well as relevant judicial and administrative decisions. The Committee hopes that in future this information will also be provided regarding all the provinces and territories.

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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.

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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.

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The Committee notes the Government’s report and the attached documentation. It also notes a communication dated 10 March 2003 received from the International Federation of Free Trade Unions (ICFTU), which was forwarded to the Government for comments. The Government is asked to provide information on the following points.

Federal level

1. The Committee notes the Government’s indication that the overall gender wage gap continued to decline from 14.4 per cent in March 2002 to 13.3 per cent in March 2003 and that the overall wage gap is partially influenced by the distribution of men and women among occupational categories. According to the 2002 Annual Report under the Employment Equity Act, women covered by the Act earned 79.3 per cent of men’s average salaries (0.6 per cent more than in 2000). The ICFTU recalled the Canadian Human Rights Commission’s analysis that most of the gap was to be explained by systemic discrimination. The ICFTU also stated that despite some gains many women remained confined to low-paying jobs with few career opportunities. In this respect the Committee recalls its previous comments concerning the special report submitted by the Canadian Commission for Human Rights to Parliament in February 2001 and concerning also the Pay Equity Task Force established by the Ministry of Justice and the Ministry of Labour to undertake a comprehensive review of federal pay equity legislation. The Committee notes from the Government’s report that this task force has been extended to 30 June 2003 and that it has considered submissions from a wide range of bodies and organizations, including workers’ and employers’ organizations. The Government is asked to provide a copy of the task force’s report and to indicate the measures taken or envisaged to follow up its recommendations. The Committee would also appreciate receiving more detailed statistical information on the earnings of men and women in the private and public sectors as outlined in its 1998 general observation, including information on the distribution of men and women in low-paying jobs and occupations.

2. With regard to its previous comments on the discontinuation of the implementation of the Universal Classification Standard (UCS) 2.0, the Committee notes the explanations given by the Government as to why a single pay structure for all positions in the federal public service would have created too rigid and inflexible a management framework. In this context, the Committee notes the Government’s statement that the Treasury Board Secretariat (TBS) will continue to introduce innovative, gender-neutral approaches into the design of classification standards, job description writing and job evaluation procedures. The Government also reports that TBS will implement tailored classification reforms targeted to those occupational groups in the greatest need and that a new monitoring programme is being introduced to guide the classification decisions of various civil service departments issued within their organizations. The Committee asks the Government to continue to provide information on the process of classification reform and on how the principle of equal remuneration for men and women for work of equal value is taken into consideration. Please provide information on the occupational groups, which have been selected for classification reform, the changes made in the respective classification standards and how these changes enhance the application of the Convention. In addition, the Government is asked to provide information on the functioning of the new monitoring programme referred to and on the collaboration of workers’ organizations in this process.

3. Recalling its previous request to the Government concerning the collaboration of workers’ and employers’ organizations to promote the principle of equal pay, the Committee notes the Government’s indication that it strongly encourages both employers and unions to work together to identify and resolve pay equity problems. Please provide information on any practical example of how this is done and on any examples where collective agreements have resulted in reducing the pay gap between men and women.

4. With reference to its previous comments concerning the agreement between the Public Service Alliance of Canada (PSAC) and the Treasury Board, which ended an action brought in 1991, the Committee notes with interest that the implementation of the agreement has been completed and that as a result pay equity adjustments were incorporated in the wages effective 28 July 1998.

Provincial level

5. New Brunswick. The Committee notes from the Government’s report that it was too early to assess how the family-friendly amendments made to the province’s Employment Standards Act in 2000, including regarding childcare leave and family responsibility duty, may assist in the better application of the Convention. Please provide such information as soon as available, as well as any information on any other measures implemented or envisaged to promote the application of the Convention.

6. Ontario. Noting the Government’s indication that elections were held in Ontario in October 2003 and that any information the Government of Ontario provided will be forwarded to the ILO as soon as possible, the Committee recalls its previous request for information concerning that province, which read as follows: "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 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.

7. Quebec. The Committee thanks the Government for providing a copy of the report submitted by the Minister of Labour in November 2002 on the application of the Pay Equity Act of 1996 by enterprises with fewer than 50 employees. It notes that about half those enterprises have undertaken a pay equity review so far and that a third of them have subsequently increased wages to eliminate structural inequities, overwhelmingly for employment in which women are in the majority. The Committee also notes from the Minister of Labour’s report the measures undertaken or envisaged by the Pay Equity Commission, including with regard to the application of the Act by enterprises not having male comparators and the establishment of a verification programme. The Committee asks the Government to continue to provide information on these measures and on the other activities of the Pay Equity Commission, including complaints dealt with and promotional activities. Please also indicate whether any consideration is being given to the legislative amendments suggested by the Pay Equity Commission. Finally, the Committee looks forward to receiving the report of the Minister of Labour on the application of the Pay Equity Act in all enterprises due in 2006.

8. 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.

9. Alberta. The Committee recalls that the Province of Alberta does not have pay equity legislation establishing the principle for equal remuneration for men and women for work of equal value, but that under section 6(1) of the Human Rights, Citizenship and Multiculturalism Act, men and women working in the same establishment and performing similar or substantially similar work must be paid at the same rate. The Committee asks the Government to provide information on the measures taken and envisaged to promote the principle of equal remuneration for work of equal value, including through awareness raising among enterprises, and to ensure the application of section 6(1) in accordance with the Convention.

10. Newfoundland and Labrador. With regard to the ongoing process of implementing a new gender-neutral classification system, the Committee notes that the Joint Advisory Committee will shortly appoint a consultant to assist in this endeavour. The Committee would appreciate being kept informed of this process, of the work of the Joint Advisory Committee and its results.

11. Nunavut. The Committee notes that section 6(1) of the Fair Practices Act of Nunavut provides that no employer shall employ a female for any work at a rate of pay that is less than the rate of pay of a male employee who is employed by that employer for similar or substantially similar work. Under section 6(2) work is similar or substantially similar if the job, duties or services the employees are called upon to perform are similar or substantially similar. 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. The Government is asked to provide information on how section 6 is applied in practice, including relevant judicial decisions.

12. Saskatchewan. The Committee notes that according to a legal opinion from the Department of Justice the current wording of the Saskatchewan Human Rights Code is broad enough to make equal pay for work of equal value mandatory for all employers, however the courts have not yet held that that is so as a matter of law. The Government indicated that the Code does not provide guidelines to assist employers in meeting pay equity requirements, but that such guidelines could be found in the Government’s Equal Pay for Work of Equal Value and Pay Equity Policy Framework. The Government is asked to continue to provide information on the measures taken to ensure the application of the Convention in the private and public sectors, including relevant court decisions and the number and nature of complaints dealt with by the Saskatchewan Human Rights Commission. In the absence of any jurisprudence on the principle of the Convention, please indicate whether any consideration is given to amending the Human Rights Code requiring employers to provide equal pay between men and women for work of equal value.

13. British Columbia. The Committee notes with regret that the Miscellaneous Amendment Act 2001 repealed, before their entry into force, the amendments by the Human Rights Code Amendment Act 2001 which would have required employers to pay men and women employees the same pay for work of equal value. A task force appointed by the Government to examine pay equity issues in the private sector concluded subsequently that legislative pay equity was not an effective or efficient response to sex-based wage disparities. The Committee requests a copy of the report of the said task force, information on the manner considered to be most effective in reducing sex-based wage disparities, the action taken to implement this approach and the results achieved. Please also provide information on the application of section 12 of the Human Rights Code, which prohibits pay discrimination between men and women for similar or substantially similar work, including relevant judicial decisions applying it.

14. Northwest Territories. The Committee notes that the Fair Practices Act has been replaced by the Human Rights Act. While broadening the scope of the prohibition of pay discrimination to other grounds than sex, the new legislation refers to the equal pay for the "same work or substantially similar work" rather than to equal pay for work of equal value as envisaged by the Convention. The Government is asked to provide a copy of the new Human Rights Act and to supply information on its application with regard to equal pay. Please also provide the text of the amendments made to the Public Service Act, which added new equal pay provisions and the appointment and activities of the planned Equal Pay Commissioner.

15. Yukon. The Committee notes that section 42 of the Yukon Employment Standards Act provides for equal pay for men and women for similar work performed in the same establishment under similar working conditions and the performance of which requires similar skill, effort and responsibility. Noting that section 42 does not fully reflect the principle of equal remuneration for men and women for work of equal value, the Committee would appreciate receiving information on the application of this provision in practice, including any relevant judicial decisions.

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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.

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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.

CMNT_TITLE

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

1. The Committee notes that the thorough reform of the job classification and evaluation system, which the Government has been working on since 1996, is now almost complete and that the new job evaluation tool, the Universal Classification Standard (UCS) 2.0 on which testing began in 1998, should gradually be extended throughout the Canadian public service as from the end of 2000. This new standard has been developed to assist public servants in more efficiently managing the wide variety of jobs performed in the interests of the public, and also to streamline a job evaluation system which dates back more than 30 years.

2. The Committee notes with interest that UCS 2.0 has three fundamental goals: universality (the Standard is capable of evaluating the full range of work characteristics within the public service of Canada); gender neutrality (the Standard can identify and positively value the characteristics of work done by women and men, including work that has been historically "invisible" or undervalued); and simplicity (the design and administration of the Standard can support a straightforward and efficient method of valuing and describing work). To meet these goals the Standard must be capable, for example, of comparing the work of care giving with the work of policy analysis, administration or ship repair. The Standard also conforms to the Canadian Human Rights Act, which stipulates that "[I]n assessing the value of work performed by employees employed in the same establishment, the criterion to be applied is the composite of the skill, effort and responsibility required in the performance of the work and the conditions under which the work is performed." The Standard comprises four factors for measuring the various requirements of a job: responsibility (measures responsibility in the work for people, ideas and things); skill (measures what employees need to know about, or to be able to do in order to perform the work assigned); effort (measures the mental and physical exertion required by the work); and working conditions (measures the physical and psychological conditions under which the work is performed and their potential effects on the health of employees). Each of the four factors is subdivided into elements to allow an evaluation of the whole range of jobs carried out in the public service. The Committee is of the view that this is a quantitative method of analysis enabling the relative value of jobs to be determined, and serves as a good example for other States.

3. It therefore asks the Government to provide information on progress made in this respect and would be grateful to receive information on the number of men and women employed in the various posts classified according to UCS 2.0, with an indication of their remuneration - when conversion to the new standard is complete - in order to assess the impact of the new Standard on the reduction of the gender wage gap.

4. The Committee notes with interest that the action brought by the Public Service Alliance of Canada (PSAC) against the Treasury Board in 1991 (further to a complaint originally filed in 1984 with a lower court) ended with an agreement between the two parties on how to calculate the compensation due to the members of the PSAC. The Committee recalls that on 28 July 1998, the Human Rights Tribunal found that the complainants, government employees in predominantly female occupational groups (secretaries, clerks, hospital workers, librarians, etc.) were not receiving equal pay for work of equal value, and gave the Treasury Board and the PSAC one year in which to work out arrangements for the payment of wage adjustments. The Committee notes that the Treasury Board and the PSAC managed to reach an agreement on 29 October 1999, which the Tribunal endorsed on 16 November 1999, and that, according to the agreement, between 3.3 and 3.6 billion Canadian dollars are to be paid retroactively to approximately 230,000 employees. Payments under this agreement include not only pay equity adjustments but lump sum payments, interest, maternity benefit, severance pay, invalidity benefit, promotions and overtime, and old age pension.

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

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Further to its observation, the Committee notes the detailed information in the report and the attached documentation supplied by the Government in reply to its previous direct request.

1. At the federal level, the Committee notes the Government's statement that the Canadian Human Rights Commission (CHRC) has begun to carry out, over a period of five years, a compliance audit designed to assess the employer's employment equity status based on the 12 statutory requirements of the Employment Equity Act. It notes that the CHRC was to make an assessment of its strategy in terms of impact by the end of the first audit year (1998). The Committee requests the Government to provide information on the results of the compliance audit as regards the principle of equal remuneration between men and women for work of equal value. Please also provide information on the rulings of the Employment Equity Review Tribunal concerning equal remuneration.

2. The Committee notes the Government's reply that no amendments are currently planned with regard to the amendment of section 11 of the Canadian Human Rights Act. The Committee notes from the statistics supplied by the Government that the wage gap has been further declining for the private and public sector (with the average salary of women employees in the public sector in 1997 being 80.5 per cent of men's average salary). The Committee notes the Government's statement that the CHRC would still like to see improvements to the pay equity provisions in the Act with regard to definitions and expectations, time frames for job evaluations, pay adjustments, positive participation of unions and a model for ensuring compliance which is based on cooperation and monitoring. Noting also that the Government announced that it would take a comprehensive review of the Act to ensure its effectiveness in promoting and protecting human rights in the next century, the Committee requests the Government to provide information on the results of this review and on the follow-up given to the recommendations of the CHRC, in particular with regard to section 11 of the Act. Please also indicate any measures taken or contemplated to reduce further the wage gap in the public and private sectors, such as public information and awareness campaigns and general programmes to promote equality of opportunity and treatment between men and women with regard to access to vocational training and access to employment.

3. Article 3 of the Convention. With regard to pay equity in the public service, the Committee notes the information in the Government's report that the Universal Classification Standard (UCS) has been developed further in 1996-97 and tested during the first half of 1998, involving public service employees from the different departments, the unions, the Office of the Auditor General and the Canadian Human Rights Commission. It further notes that during 1998, new job descriptions will be created based on the new standards and that, in 1999, after discussions with the unions, all positions in the public service will be converted into the UCS. The Committee would be grateful if the Government would supply, in its next report, a copy of the final text of the UCS. The Committee further requests the Government to provide information on the number of men and women employed in the various occupations classified under the new system and an indication of their remuneration, as well as to keep it informed on the impact of the UCS on the resolution of equal pay systems. The Committee also notes the information in the report that a Guide to Pay Equity and Job Evaluation has been published by the CHRC, which provides detailed practical information on the development and implementation of job evaluation and pay equity plans, and it would be grateful to receive a copy of this guide.

4. The Committee further notes, with regard to the public service, the decision issued by the Federal Court on the Bell Canada case, submitted to the Federal Court of Appeals, which states that comparisons between predominately female and generic (male) jobs was not in accordance with the Human Rights Act and which seems to put a strained interpretation on section 11 of the Act. It notes that the Human Rights Tribunal has revoked the opinion of the Federal Court and that the Court of Appeal is still to decide on the method of calculation for the adjustment of salaries. The Committee also notes the decision brought before the Human Rights Tribunal with regard to a longstanding complaint by the Public Service Alliance of Canada (PSAC) that government employees in female-dominated job categories, such as secretaries, clerks, hospital workers and librarians, were not receiving equal pay for work of equal value. The Tribunal ordered that payments to employees be calculated based on a job comparison formula put forward by the CHRC and that the Treasury Board and the PSAC will have one year to agree on the distribution of payments. The Committee requests the Government to keep it informed on the above cases and on the follow-up given to them once a decision has been made.

5. Provinces and territories.

(a) Alberta. In its previous request, the Committee noted the amendment of section 6(1) of the Human Rights, Citizenship and Multiculturalism Act and requested the Government to clarify the exact meaning of the expression "substantially similar work". The Committee notes the Government's statement that for the purpose of section 6(1), jobs need not be identical, but a high degree of similarity must be demonstrated on the basis of equal skill, equal effort, equal responsibility and similar working conditions. In its 1986 General Survey on equal remuneration, the Committee had noted that some of the factors used to evaluate jobs tend to favour men over women. It further notes that some factors which may be more likely to be present in the jobs undertaken by women may not be identified and therefore not valued in job evaluation schemes, as is often the case with caring skills and responsibilities, human relations and manual dexterity. The Committee therefore requests the Government to indicate the criteria on the basis of which the above factors are determined and the methods used when comparing jobs for the purpose of section 6(1) of the Act.

(b) Ontario. With regard to job evaluation methods established under the Pay Equity Act, the Committee notes the decision of the Ontario Court (General Division) that the amendments to the Pay Equity Act contained in the Savings and Restructuring Act of 1996 (Bill 26) -- which discontinued the proxy method for achieving pay equity -- were unconstitutional, with the result that the proxy method has been reinstated under the Pay Equity Act. As a consequence, the Government states that it has committed funds to cover retroactive proxy pay equity, and funds for pay equity programmes. The Committee hopes that the Government will be in a position to provide information, in its next report, on the practical application of the three comparison methods for achieving pay equity in the private and public sectors. The Committee further notes the amendments to the Pay Equity Act providing flexibility when redoing a pay equity plan in case of restructuring in the municipal and parts of the broader public sectors, and allowing employers and unions to negotiate a new gender-neutral comparison system when redoing a pay equity plan after a sale, merger or takeover. The Committee requests the Government to keep it informed about the practical application of the Pay Equity Act as amended, particularly with respect to reviews of pay equity plans.

(c) Quebec. Further to its observation, the Committee notes that, according to section 57 of the newly-adopted Pay Equity Act of 21 November 1996, in respect of each job class, the job evaluation method used must take into account: (1) the required qualifications; (2) the responsibilities; (3) the effort required; and (4) the conditions under which the work is performed. The Committee refers to its comment under point 5(a) and requests the Government to indicate, in its next report, the criteria on the basis of which these factors are determined and used in the job evaluation. Please also continue to provide information on cases brought before the Labour Court and the Human Rights Commission regarding the application of the Act as well as on the activities carried out by the Commission on Pay Equity under section 93 of the Act.

(d) British Columbia and Nova Scotia. While noting from the Government's report that pay equity and low wage redress initiatives have been taken in the health and community social services sectors, the Committee notes that these sectors continue to fall outside the scope of the Pay Equity Framework and Sectoral Guidelines in British Columbia. It further notes that there continues to be no significant progress on the extension of pay equity to private sector corporations and bodies in Nova Scotia. The Committee requests the Government to keep it informed on any developments in this regard.

(e) North West Territories. According to the Government's report, there have been no substantive changes with regard to section 6(1) of the Fair Practices Act regarding equal pay. The Committee requests the Government to continue to provide information on any developments with respect to the application of section 6(1) of the Act and to indicate any other measures taken or envisaged which contribute to the achievement of equal remuneration between men and women for work of equal value.

(f) Newfoundland and Saskatchewan. The Committee notes the information in the report that the Government of Newfoundland is currently reviewing strategies to revise its job evaluation, compensation systems and policies to ensure that equity in remuneration is extended to all employees on a permanent basis. The Committee requests the Government to provide information on the results of the above review. As for pay equity initiatives in Saskatchewan, the Government states that, since pay equity only closes 20 to 30 per cent of the wage gap, it has adopted a multifaceted approach which includes the enhancement of the childcare system, the development of mandatory employment equity programmes, updating labour standards legislation to provide benefits to part-time workers, and to strengthen maternity protection and other family-related benefits. It further indicates that, once a workable process is fully established in the provincial public sector, methods for expanding pay equity legislation to cover the private sector will be considered. The Committee requests the Government to continue to provide information on the application of the principle in the public sector and indicate any other measures taken or envisaged to promote the application of the principle in the private sector.

(g) Yukon. The Committee notes from the Government's report that section 42 of the Yukon Employment Standards Act enshrines the principle of equal remuneration between men and women for "similar work performed in the same establishment under similar working conditions and the performance which requires similar skill, effort and responsibility, (...)". The Committee refers to its comment in point 5(a) and requests the Government to provide information on the specific criteria which determine these factors and the methodology used for comparing the value of the work performed and provide information on the practical application of section 42 of the Employment Standards Act.

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The Committee notes the detailed information provided in the Government's report and the attached documentation.

1. Article 1 of the Convention. Quebec. The Committee notes with interest the adoption of the Pay Equity Act of 21 November 1996 and the Regulation respecting the content and form of the report relating to pay equity or pay relativity plans completed or in progress on 21 November 1996. It notes that the Act applies to both the public and private sector and is designed to eliminate the salary gap due to systemic gender discrimination suffered by persons who occupy positions in predominately female jobs. The Act requires employers, who employ more than ten but fewer than 50 employees, to determine the adjustments in compensation necessary to afford the same remuneration, for work of equal value, to employees holding positions in predominantly female job classes as compared to employees holding positions in predominantly male job classes (section 34). Employers with more than 50 employees are required to establish a pay equity plan (section 31), to be in place within a time-limit of four years. For enterprises employing 100 or more employees, employers have to set up a pay equity committee (section 16); bipartite sector-based committees may be set up to facilitate the establishment of pay equity plans in a particular sector (Chapter III). The Committee further notes that pay equity plans must be developed in four stages: (1) identification of predominantly female and predominantly male job classes; (2) description of the job evaluation method and instruments; (3) the job evaluation exercise and determination of the necessary adjustments in compensation; and (4) determination of the terms and conditions of payment. In case new jobs are created or collective agreements renewed, pay equity must be maintained in the enterprise. Chapter V, Division I, of the Act establishes a "Commission on Pay Equity" which has a monitoring, advisory, research, promotional and regulatory role. It may receive complaints and carry out non-advisory investigations either on its own initiative or following a dispute or a complaint concerning matters of pay equity (Chapter VI, Division I). The Commission on Pay Equity is also authorized to resolve any questions concerning pay equity between a predominantly female job class and a predominantly male job class in enterprises employing fewer than ten employees in accordance with section 19 of the Charter on Human Rights and Freedoms, which has been amended accordingly (section 93(7) and Chapter X).

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

CMNT_TITLE

Further to its observation, the Committee notes the detailed information supplied by the Government in its report in reply to the Committee's previous direct request.

1. At federal level, the Committee notes the adoption of the Employment Equity Act (Chapter 44) which, even though it does not contain provisions specifically relating to equal remuneration, its implementation has an effect in that its aim is to achieve equality in the workplace and specifically to correct the conditions of disadvantage experienced by some groups, including women. This act applies to the public service of Canada and to employers whose activity is regulated by the federal Government and establishes an Employment Equity Review Tribunal which is empowered to hear reviews or to confirm the orders of the Canadian Human Rights Commission. The Committee requests the Government to supply information on the activities of the Tribunal and, where appropriate, to supply a copy of the ordinances handed down by the Tribunal on matters of principle concerning equal remuneration.

2. Provinces and territories: (a) Alberta. The Committee notes the amendment of section 6 of the Human Rights, Citizenship and Multiculturalism Act (previously the Individual Rights Protection Act) which lays down formally the principle of equal remuneration for the same or "substantially similar" work. Recalling that the principle enshrined in the Convention goes beyond "identical or similar" work by placing the comparison at the level of value of the work, the Committee requests the Government to specify the exact meaning which should be given to the expression "substantially similar work". Furthermore, the Committee would be grateful if the Government would supply more detail on the follow-up given by the Alberta Human Rights and Citizenship Commission in regard to the seven complaints alleging salary discrimination on the basis of sex which were pending at 30 June 1996.

(b) Ontario. The Committee requested the Government to provide information on the implementation in practice of the amendments made in 1993 to the Pay Equity Act which established two new methods of achieving pay equity (proportional value comparisons and proxy comparisons) in addition to the job-to-job comparison method. The Committee notes the information supplied by the Government to the effect that the 1993 Act has been amended (with effect from 1 January 1997) to abandon the proxy method, to raise the equity adjustment rate and to shorten the time left to employers to carry out pay adjustments and thus achieve equity. The Committee requests the Government to provide information on the results of the comparison method used at present.

(c) Quebec. The Committee notes with interest that a proactive bill on wage equity has been placed before the National Assembly, in view of the conclusion reached by the Human Rights Commission that wage equity cannot be achieved solely by dealing with individual complaints and that only a proactive law could remedy the wage discrimination to which women are subject. This bill is therefore designed mainly to correct the wage differences due to discrimination based on the sex of the person (men or women) who occupy posts in predominantly female employment categories. The Committee requests the Government to indicate when the bill is adopted and to supply a copy.

(d) British Columbia and Nova Scotia. According to the report, no significant progress has been made during the period in question in regard to extending legislation concerning pay equity to sectors where the principle is not already applied. The Committee requests the Government to continue to provide information on any development on these points.

(e) North West Territories. Although the Committee noted previously with interest that the principle of "equal value" was applied in practice, it notes that the Government recognizes that the formulation of section 6(1) of the Fair Practices Act which refers to equal remuneration for "similar or substantially similar work" is more restrictive than the principle in the Convention. The Committee notes, furthermore, that the report of the survey on pay equity in the North West Territories (carried out by the Canadian Human Rights Commission) concludes clearly that there is pay discrimination based on sex and that these conclusions, contested by the public authorities, have been largely confirmed by the Federal Court. Please give information on the measures envisaged to give full effect to the principle of the Convention.

3. The Committee notes that, according to the statistics supplied by the Government, the wage gap between men and women is shrinking slightly and, in 1995, women earned on average 79.1 per cent of men's earnings. The Committee notes the analysis by the Canadian Human Rights Commission concerning the persistence of a wage gap between the sexes that although the gap can be explained partly by a discrepancy between the number of hours of work, educational attainments and number of years worked in total, over 90 per cent of the total salary gap remains unexplained. The Canadian Human Rights Commission considers that this unexplained gap stems from a feature inherent either in the labour system or in the labour market as a whole; the most obvious explanation is the systemic discrimination against women's pay. Arriving at the conclusion that incentives cannot replace legislative requirements, the Canadian Human Rights Commission advocates amendment of section 11 of the Canadian Human Rights Act so that employers' and workers' representatives must take the initiative to implement pay parity. It observes that, apart from the fact that this would alleviate the contentious aspect of complaints, such a strategy would place responsibility for the eradication of salary discrimination on those responsible for it. The Committee therefore requests the Government to provide information on the follow-up it intends to give to this recommendation by the Canadian Human Rights Commission.

4. Article 3 of the Convention. The Committee asked the Government to provide information on the implementation of the new job classification system and its possible impact on the resolution of equal pay issues. According to the information supplied by the Government, the Universal Classification Standard should be tested in Autumn 1996. The Committee would be grateful if the Government would inform it of the result of the validation tests and, if they are conclusive, to provide a copy of the final text.

5. Article 4. The Committee reiterates its request for information on measures taken at the federal level to encourage participation of workers' organizations in the implementation of legislation on equal remuneration. Noting that the Government of the North West Territories recognizes that the social partners are not directly involved in implementation of the Convention, it would be grateful if the Government would also supply information on the participation of the social partners in the implementation, at the level of provinces and territories, of the principle of equal remuneration.

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The Committee notes the detailed information supplied by the Government in its report and the accompanying documentation.

1. Article 1 of the Convention. Quebec. The Committee notes with interest that section 137 of the Charter of Human Rights and Freedoms - which was not compatible with the requirements of Article 1(a) since it allowed discriminatory distinctions to be made between male and female workers with regard to employment retirement schemes and social benefits - was repealed on 13 June 1996 and replaced by a new section (20.1) which reads as follows: "In an insurance or retirement pension contract, a social benefit, retirement, pension or insurance scheme or a global pension or insurance scheme, a distinction, exclusion or preference based on ... sex ... is deemed non-discriminatory when its use is legitimate and the grounds on which it is based constitute a risk determining factor based on actuarial data." Henceforth, distinctions, exclusions or preferences are deemed non-discriminatory only where they relate objectively to the risk insured.

2. The Committee is addressing a request directly to the Government on other points.

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Further to its observation, the Committee requests the Government to provide information on the following points.

1. As concerns the application of the principle of equal pay for work of equal value in Nova Scotia, the Committee asks the Government to indicate the progress made on extending pay equity legislation to the private sector corporations and bodies.

2. The Committee notes the payment of pay equity adjustments in the provincial service and the health-care sector in British Columbia. It requests the Government to indicate what progress has been achieved in extending pay equity to other sectors in which the principle has not yet been applied.

3. The Committee notes that, in Quebec, the Commission of Human Rights resumed its investigation of the situation of pay equity in the public service as well as in the health and social service sectors, and that a report on the findings of the investigation was due to be issued by 31 December 1993. It asks the Government to indicate the results of the investigation and the follow-up action taken to correct any imbalance found in remuneration between men and women who perform work of equal value.

4. Noting from the Government's report that a major review of pay equity compliance at the federal level ("Project '91") revealed that only 23 of the 96 employers surveyed had involved unions in the process of complying with pay equity legislation, the Committee asks the Government to indicate in its next report the measures taken to promote the involvement of workers' organizations in the application of the pay equity legislation.

5. The Committee requests the Government to provide information on the implementation of the new job classification system (Universal Job Evaluation Plan) in the federal public sector and its impact, if any, on the resolution of equal pay issues.

6. The Committee notes with interest the enforcement measures taken at the federal and provincial levels and the results achieved in pay adjustments and lump-sum settlements through the resolution of individual and group complaints. It also notes the activities of the officials from the Department of Human Resources Development who are empowered, at the federal level, to conduct equal pay inspections of employer establishments, and to refer apparent cases of gender-based pay discrimination to the Human Rights Commission for resolution. The Committee requests the Government to continue to provide information on the enforcement activities, including statistical data on the inspection activities referred to above. Please also provide information on the implementation of the pay equity audit programme to which the Government refers in its report.

7. The Committee notes from the statistics supplied by the Government that the overall earnings ratio of women to men has increased slightly from 1989 to 1991, but that it still remains wide at 69.6 per cent. In relation to these statistics, the Committee notes the Government's statement that in the federal public service, the overall wage gap between men and women is mostly influenced by their occupational distribution. It further notes, however, that the earnings differential for single women is significantly lower than the earnings differential for married women.

Further to the above information, the Committee notes the various measures taken by the Government to promote equality of opportunity and treatment of women in the labour market, such as encouraging the entrance of women in non-traditional occupations and the balancing of work and family responsibilities, both of which have a positive impact on the pay levels of women in general. The Committee would be grateful if the Government would continue to supply information on measures being taken to promote a wide occupational choice for women, and to promote reconciliation of work and family responsibilities, so as to reduce the discriminatory impact that occupational placement and family responsibilities have on women's earning capacity.

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The Committee notes the detailed information supplied by the Government in its report and the attached documentation.

1. The Committee notes with interest the 1993 amendments to the Pay Equity Act of Ontario which establish two new methods of achieving pay equity: proportional value comparisons and proxy comparisons. Both new methods, like the job-to-job comparison method already in use, require a gender neutral comparison of skill, effort, responsibility and working conditions between male and female job classes. Proportional value comparisons are to be used by both public and private employers in situations where there is an insufficient number of equal or comparably valued male job classes to make direct comparisons. In such cases employers must determine the relationship between the value of the work performed and the pay received by male job classes and apply the same principles and practices to paying female job classes. Proxy comparisons are to be used only in the public sector where there are insufficient male classes to use the other methods. The proxy method requires employers to make comparisons to jobs outside the employers' establishment.

The Committee further notes that employers are required to pay any necessary equity adjustments at a rate of 1 per cent of payroll per year until pay equity is achieved for the 420,000 workers in female job classes who are expected to benefit from the implementation of these amendments. The Committee asks the Government to provide information, including statistical data, on the practical implementation of these amendments.

2. The Committee is addressing a direct request to the Government on other points.

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With reference to its previous comments, the Committee notes the detailed information supplied by the Government in its report and the attached documentation.

1. The Committee notes with interest the amendment which entered into force on 19 June 1990 of the Pay Equity Act of Nova Scotia to add universities, municipalities and municipal enterprises to the pay equity process and to allow the addition of other public sector corporations and bodies through regulations. It also notes that the plan to introduce pay equity legislation to the private sector not later than the 1992 session of the Nova Scotia legislature remains under consideration and that the Pay Equity Commission has prepared a paper on the subject. The Committee requests the Government to keep it informed of the progress made in this regard.

2. The Committee also notes with interest the information supplied on the implementation in practice of the principle of equal pay for work of equal value in the public service in other provinces and the Northwest Territories. In particular, it notes the Pay Equity Programme announced on 11 September 1990 for the public sector in British Columbia, the job evaluation process completed in the public service of New Brunswick (comprising government departments and agencies and certain hospitals) and that the government of the Northwest Territories, which is subject to the Canadian Human Rights Act, is implementing pay equity throughout the public service by establishing new job descriptions for each position and by classifying those positions with a view to eliminating gender bias. The Committee requests the Government to continue to supply information on the progress achieved, including statistical data indicating the results attained, in these and other cases in the application in practice of the principle of equal pay for work of equal value in all areas of the public sector.

3. As regards the federal level, the Committee notes with interest the enforcement activities of the Canadian Human Rights Commission and Labour Canada and the progress achieved in implementing pay equity legislation in areas under federal jurisdiction. It requests the Government to continue to report on the progress achieved with regard to reform of equal pay legislation at the federal level.

4. The Committee also notes with interest the Government's commitment to the principle of equal pay for work of equal value in the public service, including the retroactive lump-sum payments and ongoing pay adjustments for approximately 73,400 federal employees in the Clerical and Regulatory, Secretarial, Stenographic and Typing and Education Support groups. The Committee requests the Government to continue supplying information concerning pay adjustments which apply in practice the principle of equal pay for work of equal value in the federal public service.

5. The Committee notes that the province of British Columbia also endorsed the principle of equal pay for work of equal value in the public sector without adopting legislation. The Committee requests the Government to indicate what progress has been achieved in applying the principle of equal pay for work of equal value to the sectors where the concept still has not been used in legislation or endorsed otherwise, in both the public and private sectors.

6. The Committee notes from the latest statistics provided that the discrepancies between the average earnings of men and women substantially decreased between 1971 and 1989, and that there is still no significant improvement since the 1980s. It requests the Government to continue supplying information on any further progress achieved with regard to eliminating the gap between the average earnings of men and women.

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1. The Committee refers to its observation.

2. The Committee notes from the Government's report that the term "work of equal value" is used in the human rights legislation of the federal jurisdiction and the province of Quebec and, as regards the public sector, the Yukon Territory. The pay equity legislation applying to the public sector in the provinces of Manitoba, New Brunswick, Nova Scotia and Prince Edward Island, and that of Ontario for the public sector and for private sector employers with more than 10 employees, use the term "work of equal or comparable value". It notes that the rest of Canadian legislation on equal pay uses the approach of equal pay for similar or substantially similar work; but that the Government of Newfoundland has, without adopting legislation, endorsed the principle of equal pay for work of equal value in the public sector.

The Committee therefore requests the Government to indicate in its next report what progress has been achieved in applying the principle of equal pay for work of equal value to the sectors where the concept has not yet been adopted, in both the public and private sectors.

3. The Committee notes the statistics on discrepancies between the average earnings of men and women, showing a substantial improvement between 1971 and 1987, but virtually no improvement in recent years. Please continue to furnish information on any improvements which may appear.

4. In its previous direct request, the Committee noted that, for the most part, the principle of equal remuneration appeared to be applied to male and female workers employed in the same establishment. It asked for information on the application of the principle to wider groups of comparable employees, referring to paragraphs 22 and 71 et seq. of its 1986 General Survey on Equal Remuneration. The Committee notes from the information in the report that there has been a certain expansion of this concept, and requests the Government to indicate in future reports any further progress achieved.

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1. The Committee notes the detailed report communicated by the Government, and the further progress achieved in the implementation of the principle of the Convention.

2. The Committee notes with satisfaction the entry into force of pay equity legislation applying to the public sector in several provinces: in Nova Scotia on 25 May 1988, in Prince Edward Island on 1 October 1988 and in New Brunswick on 22 June 1989. It notes that the new legislation in New Brunswick and Prince Edward Island are intended to remove discrimination based on male or female-dominated classes of employment. As concerns Nova Scotia, it notes that it is intended to extend the pay equity legislation to the private sector through legislation to be introduced no later than the 1992 session of the legislature. Please provide information in the next report on the progress achieved in these and other cases in the implementation in practice of this principle.

3. Further to its previous observation, the Committee notes that the proposals made by the Canadian Human Rights Commission to reform equal pay legislation at the federal level remain at the discussion stage. The Committee asks the Government to keep it informed of the progress of these discussions.