The Latest in Employment Law: A Stewart McKelvey Newsletter – Changes to the federal pay equity scheme expected in 2018
Brian Johnston, QC and Julia Parent
In response to the report of the House of Commons committee on pay equity, the federal Liberal government announced its intention to bring in legislation to better ensure that all employers in federally regulated sectors have men and women get equal pay for work of equal value (otherwise known as “pay equity”). Pay Equity is significantly different from equal pay for equal work, which is already required throughout Canada. Although New Brunswick, Nova Scotia and Prince Edward Island have enacted pay equity legislation, that legislation applies only to government bodies/agencies. It is noteworthy that members in the House of Assembly in Newfoundland and Labrador unanimously voted to start the process of enacting pay equity legislation in the province on International Women’s Day 2017.
The big expected change in federal law is to change the current, complaint-based pay equity scheme as set out in the Canadian Human Rights Act, and the Equal Wage Guidelines to a proactive model. Under the current model, while employers must ensure their compensation schemes are compliant so as to avoid a complaint, there are no additional proactive steps that must be taken.
What you need to know.
According to the federal government, the forthcoming legislation “will take a ‘proactive’ approach that’s aimed at helping employers comply with the law rather than forcing employees to lodge complaints about discriminatory wages”.
While there have not been many indications regarding the content of the forthcoming legislation, it will likely resemble the models currently in place in Ontario and Quebec and, if the recommendations in the report of the House of Commons Committee on pay equality are followed, will apply to all federal employers with 15 or more employees.
The proactive pay equity models in Ontario and Quebec require that employers establish and maintain compensation practices that provide for pay equity. The onus is on employers to design a comparison system and compare jobs to ensure that pay equity exists. Once pay equity has been achieved, it must be maintained. There are also posting and reporting requirements that may apply.
Planning for the future.
In light of the forthcoming legislation, which is expected to be tabled in 2018, federal sector employers should familiarize themselves with the “proactive” portions of the Ontario and Quebec pay equity legislation, including the process of comparing jobs, posting, the role of unions and implications for collective bargaining, and the sort of reporting obligations which have created such a stir with the UK’s approach to pay equity.
This update is intended for general information only. If you have questions about how the information or tips above may affect you, please contact any member of our labour and employment group.
Archive
Recent changes to the Rules of the Supreme Court, 1986, SNL 1986, c 42, Sch D On December 14, 2012, several changes were made to the Rules of the Supreme Court. These changes include: who may act…
Read MoreIN THIS ISSUE: Putting Trust in your Estate Planning, by Paul Coxworthy and Michael McGonnell The Risks, for Insurers in Entering Administration Services Only (ASO) Contracts, by Tyana Caplan Angels in Atlantic Canada, by Allison McCarthy, Gavin Stuttard and Adam Bata…
Read MoreBill 31, An Act Respecting Human Rights, came into force on June 24, 2010 replacing the Human Rights Code (the “Code”). For more information, please download a copy of this client update.
Read MoreIN THIS ISSUE Expanded Fines and Penalties for Environmental Offences: The New Federal Environmental Enforcement Act Spam about to be Canned? Preparing a Business for Sale Business Disputes Corner – Place of Arbitration and Selected…
Read MoreThe Nova Scotia Court of Appeal has unanimously upheld the province’s legislative limits on general damage recovery for “minor injuries”. Today’s decision, authored by Chief Justice Michael MacDonald, completely affirms the January 2009 decision of…
Read MoreThe Canada Revenue Agency (“CRA”) announced helpful administrative positions concerning the new rules under the Fifth Protocol to the Canada-US Income Tax Convention, 1980 which will come into effect on January 1, 2010. The CRA…
Read MoreIN THIS ISSUE Contractor Held Liable for Business Interruption: Heyes v. City of Vancouver, 2009 BCSC 651 When Can a Tendering Authority Walk Away if Bids are Too High? Crown Paving Ltd. v. Newfoundland &…
Read MoreWithholding tax and other issues under the Fifth Protocol The Fifth Protocol to the Canada-US Tax Convention, 1980 introduced significant changes which may affect the use of most unlimited companies and other so-called ULCs. These…
Read MoreIN THIS ISSUE An Eye for an Eye: Alberta Court of Appeal Upholds Finding of Retaliation Liability as a Result of Generosity in Quebec Undue Hardship Established in Scent Case Parents of Twins Get Double…
Read More- « Previous
- 1
- …
- 59
- 60
- 61