We have been waiting for proactive federal legislation for a long time.
There are proactive laws in some provinces and they work relatively well, except in some problematic cases, which we have had to take to court.
We have known for decades that the pay equity dispute resolution mechanism before the courts does not work for employers or employees. Clearly, proactive legislation was needed. As we say, it was long overdue.
Overall, this piece of legislation is a step in the right direction, but there are still many grey areas in its design. It gives employers loopholes and it will ensure that we will end up in court again.
This is what we want to avoid by adopting proactive legislation. We want to avoid costly litigation for all parties. Unfortunately, the proposed legislation presents this possibility because not all the shortcomings have been adequately addressed. It was poorly put together. It therefore leaves too much discretion or loopholes for employers.
There are also grey areas because a number of items still have to be specified in the regulations. If the regulations are well designed, that's great, but right now, it's difficult to express an opinion on future regulations.
The regulatory process should involve all partners. We will have to be consulted and the government will have to hear our views as experts, because we truly are experts in this field.