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 of three members to 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:
- Beth Bilson, Chair Pay Equity Task Force
- Marie-Thérèse Chicha, Member
- Scott MacCrimmon, Member
The appointment of the Task Force Members will terminate when the Task Force
has completed its Report to the Ministers of Justice and Labour by March 31,
2003 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 March 31, 2003 or earlier, if possible.