Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

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.