Terms of Reference
Review of section 11 of the Canadian Human Rights Act and the Equal Wages Guidelines, 1986.
Phase II

On October 29, 1999, the federal government announced its intention to review section 11 of the Canadian Human Rights Act with a view to ensuring clarity in the way pay equity is implemented in the modern workplace. With that overall objective in mind and taking into account the following considerations:

• Canada ratified the International Labour Organization Convention 100 in 1972, thereby giving effect to the principle of equal pay for work of equal value, and is party to and has ratified other international human rights agreements which further support this principle;
• the principle of equal pay for work of equal value was first enacted at the federal level in Canada when the Canadian Human Rights Act received Royal Assent in 1977;
• section 11 of the Canadian Human Rights Act, which makes it a discriminatory practice to pay men and women differently for performing work of equal value, has not been amended or subjected to a comprehensive review since receiving Royal Assent in 1977;
• some provincial jurisdictions have adopted pay equity legislation which takes a more proactive approach to addressing gender-based wage discrimination and places positive obligations on both employers and employee organizations or representatives to ensure that this principle is implemented; and
• many observers, including the Canadian Human Rights Commission, favour an alternative to the current complaint-based approach to implementing the principle of equal pay for work of equal value.

The Minister of Labour and the Minister of Justice, hereby appoint a task force, composed ofthree membersto conduct a comprehensive review of the current equal pay provisions of the Canadian Human Rights Act, (s.11) as well as the Equal Wages Guidelines, 1986.

Without limiting the scope of the review, the Task Force will:

• conduct a comparative review and analysis of the equal pay for work of equal value and/or pay equity experiences in provincial and territorial jurisdictions in Canada, as well as other relevant international experience;
• undertake consultations with relevant individuals and organizations, including but not limited to employer and employee organizations, groups representing the interests of women workers and experts in the pay equity field;
• examine and assess various models and best practices for implementing the principle of equal pay for work of equal value, including the existing complaint-based model and other more proactive models and enforcement mechanisms;
• examine and assess the existing legislative and administrative frameworks, and consider the implications of those frameworks, and their consonance with other related legislative provisions and administrative structures;
• examine and assess job evaluation and wage adjustment methodologies;
• consider how the principle of equal pay for work of equal value can best operate within the context of collective bargaining, competitive labour markets and internal wage relativities;
• develop a series of options and recommendations with the objective of improving the legislative framework for dealing with pay equity matters.

Mandate of the Pay Equity Task Force

The Task Force is composed of three Members:

1. Beth Bilson, Chair Pay Equity Task Force
2. Marie-Thérèse Chicha, Member
3. Charles Taccone, Member

The Task Force Members have been appointed from the date the Pay Equity Task Force is established until the Task Force has completed its Report to the Ministers of Justice and Labour by the Fall 2002 or earlier, if possible. The Task Force Members report to and are accountable to the Minister of Justice and the Minister of Labour.

The Task Force will operate at arms length from the Government. It will be supported by a secretariat, which will function under the direction of the Chair of the Task Force in an administrative capacity.

The Task Force will hold consultations with the public, the Canadian Human Rights Commission, employers, unions, equality seeking groups, non-governmental organizations, government departments, commissions, Crown Corporations, agencies and other interested members of the public.

The Task Force will submit a report to the Ministers of Justice and Labour with recommendations for improving section 11 of the Canadian Human Rights Act by Fall 2002 or earlier, if possible.

- 30 -