Controversial Pay Equity Act Passed

Legislation Hidden In Budget Bill

Mar 14, 2009 Laura Steiner

The controversial Pay Equity Act has been passed into law. The legislation governing gender pay in the public sector was passed as part of the 2009 budget.

The contentious legislation takes away the right of public sector employees to launch complaints with The Human Rights Commission over wage discrimination. Instead it turns the issue over to collective bargaining.

Conservative Pay Equity Legislation

Currently women are able to launch a human rights complaint in situations where they make less than men for doing the same job. Such a complaint could take years to settle, and involves extensive legal costs.

In a column featured in the March 10th edition of the Montreal Gazette, Treasury Board President Vic Toews called that system broken, adversarial and costly. Instead his government proposes to make pay equity a matter for the collective bargaining process, making it according to him ‘transparent.’

The legislation would fine any employer or union who fails to live up to the bargaining process. Toews pointed out there are groups who agree with them, saying this “makes sense.” It also gives employees the right to settle wage disputes through Public Service Relations Board.

NDP, Rights Groups React To Pay Equity Bill

Reaction to the bill has been negative. Numerous women’s rights groups led by The Canadian Federation of University Women (CFUW), and recent recipients of the Governor-General’s awards view the bill as erasing all meaning from the concept of pay equity. They fear it will re-introduce gender discrimination to the workplace.

CFUW has sent a letter directly to the Prime Minister demanding he repeal this legislation. The letter argues the definition of a female dominated group as one containing 70% women is too strict: “This is to rigid a definition as it simply puts outside the boundaries of this legislation those job groups in which women are 51-69%.”

They also argue the processes described in the act which are used to determine equitable pay are flawed as they apply to the public sector, because “federal public sector unions don’t have any control over the public purse.”

The only federal opposition party to offer comment so far has been the NDP (New Democratic Party). In recent comments published by the Victoria Times-Colonist , MP Judy Wasylycia-Leis voiced her disbelief saying the legislation signaled “The complete death of something we fought for 30 years ago. I never thought we’d lose something that fundamental.” No comment has been issued thus far from the Liberal Party or Bloc Québecios.

The Public Service Alliance of Canada (PSAC)- the union representing the majority of Public Sector is angry at the legislation. In an article featured in the McGill Daily, the union’s National Executive Vice-President Patty Ducharme shared her anger: “ It’s oppressive. It’s repressive. It’s ideologically driven, and heavy-handed.” The union fears its members will be put in jeopardy because it can’t assist members in filling a pay equity claim without facing a $50,000 fine.

The Public Service Equitable Pay Act was passed as part of 2009’s federal budget.

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