Pay Equity: Opportunity to Have a Say
September 27, 2022 - Defence Stories
This message relates to the notices sent by the employer, Treasury Board of Canada, about its obligations under the new Pay Equity Act.
Background
The Pay Equity Act came into force on August 31, 2021. The Act requires federally regulated employers with an average of 10 or more employees to proactively address systemic gender-based discrimination in their compensation practices and systems.
If you would like to learn more about pay equity and the Pay Equity Act, visit the Canadian Human Rights Commission’s Pay Equity site at https://www.payequitychrc.ca
What does this mean for you as a federal public servant?
This means that by September 2024, Treasury Board of Canada must post a pay equity plan for the workplace. That plan will say whether different jobs in the core public administration are receiving equal pay for work of equal value and outline how any pay equity gaps will be corrected.
Under the Pay Equity Act, the core public administration, which includes all departments and agencies that fall under Schedules I and IV of the Financial Administration Act, are a single workplace with Treasury Board as the employer.
Why are you receiving this information?
The Pay Equity Act requires employers to establish a single pay equity plan for all their employees. However, the Act permits employers to ask the Pay Equity Commissioner to approve the establishment of more than one plan. This is called an authorization request for multiple plans.
You can find more information about multiple plans here on our website: https://www.payequitychrc.ca/sites/payequity/files/2021-07/Pay_Equity_IPG_Multiple_Plans.pdf
Treasury Board of Canada has made an authorization request to the Pay Equity Commissioner to establish three pay equity plans for the core public administration.
As required by the Pay Equity Commissioner, Treasury Board of Canada has notified bargaining units and employees of this request. You can find the notice available here: https://www.canada.ca/en/treasury-board-secretariat/topics/pay/equitable-compensation/notice-core-public-administration-pay-equity-commissioner.html
What happens next?
An authorization request is a legal proceeding under the Pay Equity Act. The Act states that employees that will be affected by the establishment of more than one plan have an opportunity to make comments on the request.
For unionized employees, the bargaining unit is responsible for making comments on their behalf. If you are unionized, please contact your bargaining unit to find out more about their position on Treasury Board’s request to have three plans for the core public administration.
Non-unionized employees also have the right to comment on the request for three plans. As a result, the Pay Equity Unit of the Canadian Human Rights Commission is putting in place a process for non-unionized employees to comment on the authorization request for multiple plans made by the Treasury Board of Canada.
Are you a non-unionized employee?
The term “non-unionized employee” has a specific meaning in the Pay Equity Act. It means that:
- You are not represented by a bargaining unit;
- Your position has not been declared a managerial or confidential position by an order made by the Federal Public Sector Labour Relations and Employment Board; or,
- In cases where a Board order has not been made, your position does not involve any of the following:
- your position is confidential to the Governor General, a Minister of the Crown, a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, or a deputy head;
- your position is classified by the employer as being in the executive group, by whatever name called;
- your position provides advice on labour relations, staffing or classification;
- your position has substantial duties and responsibilities in the formulation and determination of any policy or program of the Government of Canada;
- your position has substantial management duties, responsibilities and authority over employees or has duties and responsibilities dealing formally on behalf of the employer with grievances presented in accordance with the grievance;
- your position is directly involved in the process of collective bargaining on behalf of the employer;
- your position has duties and responsibilities not otherwise described in this subsection and should not be included in a bargaining unit for reasons of conflict of interest or because of the duties and responsibilities you owe to the employer in that position; or,
- your position has, in relation to labour relations matters, duties and responsibilities confidential to the holder of that position.
What is the process for non-unionized employees to comment?
If you think you are a non-unionized employee because you meet the definition above, and would like to participate by commenting on the Treasury Board of Canada’s multiple plan request, please complete the questionnaire below by October 7, 2022.
This questionnaire will help the Pay Equity Unit of the Canadian Human Rights Commission identify non-unionized employees. Please note that the information you provide may be shared with others, including Treasury Board, to verify your status as a non-unionized employee.
Once you are confirmed to be a non-unionized employee, you will receive the submissions from the other parties. These documents are to be used only for the purposes of responding to this request. You will also receive another questionnaire to gather your comments and these comments, along with your name, will be shared with the other parties for review and reply. Your submission may become public.
An employee who participates in a pay equity proceeding is protected from reprisal under sections 102 and 103 of the Pay Equity Act.
LINK TO QUESTIONNAIRE:
https://www.surveymonkey.com/r/RNLN6VS?lang=en
If you require an accommodation to complete the questionnaire, please contact the Pay Equity Unit at 1-888-214-1090, and someone will contact you.
Thank you for your interest in pay equity.
Pay Equity Unit
Canadian Human Rights Commission
344 Slater Street, Ottawa ON K1A 1E1
Toll Free: 1-888-214-1090 / TTY: 1-888-643-3304 / Website: https://www.payequitychrc.ca