The Equal Pay Coalition was formed in 1976 as a coalition of organizations to seek the implementation of equal pay for work of equal value both through legislation and collective bargaining. The Coalition has over 39 constituent and partner groups which represent Ontario women and men who support equal pay for work of equal value . See About Us for more information.

Overview

Canada's first pay equity legislation was enacted in the federal jurisdiction in 1977 after Canada ratified the ILO Convention No. 100.

The federal pay equity provision is found in s. 11 of the Canadian Human Rights Act (CHRA). The CHRA sets out a complaint-based model of pay equity that applied to both the public and private sector in federal jurisdiction.

Section 11 sets out freedom from discrimination for male and female employees employ employed in the same establishment who are performing work of equal value to. The Canadian Human Rights Commission has also prepared brief Equal Wage Guidelines which help explain how the right in s.11 should be implemented. The enforcement of the federal law, though, has had a troubled history, plagued by protracted and costly litigation.

In 2000, the federal government established an expert Pay Equity Task Force to make recommendations for a workable, effective, pay equity law. Following years of consultation under all key stakeholders - including employers, unions, and women's advocates - commissioned and expert research, the Task Force’s Report was released over three years ago, in May 2004. It recommended new, stand-alone pay equity legislation that is more in line with the pro-active laws that exist in some provinces. Proactive pay equity legislation puts the onus on an employer to introduce a pay equity program, rather than relying on an individual or union to put the resources into pursuing a lengthy case. Proactive pay equity legislation requires an employer to work with the union, or with employees if no union exists, to introduce a program that raises women's wages by comparing and re-evaluating predominantly male and female jobs and adjusting differences in pay between those considered of the same value. Pay equity programs and adjustments need to be made within a specified time period, which avoids the lengthy delays now experienced under the federal complaint-based approach. This type of legislation exists now in Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia and Prince Edward Island. (The provincial legislation applies to the public sector only, except in Ontario and Quebec, where all except the smallest private-sector workplaces are covered). The Task Force Report, entitled Pay Equity: A New Approach to a Fundamental Right, identified a number of steps which need to be taken to address the situation. The Task Force called on the federal government to:

  1. Recognize that pay equity is a fundamental human right.
  2. Adopt a new proactive pay equity law that will cover women as well as racially visible workers, Aboriginal workers and workers with disabilities.
  3. Require that all federally regulated employers adopt a pay equity plan that will include all workers whether they work full or part-time, temporary or casual
  4. Require employers, unions and workers’ representatives to examine pay systems to make sure they are based on the principle of equal pay for work of equal value
  5. Establish a new Pay Equity Commission and a Pay Equity Tribunal to enforce the law.

The Report’s recommendations are key and represent an important step forward. The Report provides a comprehensive review of the wage gap in Canada and situates its analysis in a way that recognizes Canada's obligation under international law to eradicate wage discrimination. The Task Force acknowledges that employers have the responsibility to correct discriminatory wage disparities. It assigns an important role to unions where workers are represented, and mandates the creation of pay equity committees to prepare and monitor pay equity plans in all workplaces, unionized or not. It proposes the establishment of a separate pay equity commission to assist employees, employers, and unions, to provide education on pay equity issues and to resolve any disagreements. The recommendations are thorough and well researched. The women’s movement and the labour movement welcomed the Task Force Report and have been working hard to win legislation to implement its recommendations. Employer organizations have mounted a powerful lobby to delay the introduction of this needed equality legislation.

In response, the former Liberal government stated that it accepted that pay equity is a human right, and that proactive legislation is needed. This is, of course, in line with Canadian law and international conventions Canada has signed. But, the Liberal government failed to introduce the needed legislation, and the current government has not moved any closer to introducing legislation. Instead, government claims to be pursuing further research and discussion. For far too long, women and other equality-seeking groups have been paid less than the value of their work. There is no excuse for further delay — the Task Force recommendations provide a clear direction, and there are useful models of proactive pay equity in Ontario and Quebec to build on. An all-party parliamentary Committee unanimously recommended that the government enact pro-active legislation in accordance with the Task Force's recommendations, but successive governments have failed to act.


Further information:

Pay Equity Task Force

 

Other Articles:

 

Federal Laws and Guidelines: