Good morning.
I will deal with the proposed pay equity legislation in the bill.
It was high time for Parliament to pass a proactive pay equity law. We welcome the government's desire to correct the discrimination suffered by women workers. We also agree with the position of the Canadian Labour Congress and make ours their representations.
We must insist on two points though. In a decision rendered on May 10, Quebec (Attorney General) v. Alliance of Professional and Technical Personnel in Health and Social Services, Justice Abella writing for a majority of the Supreme Court of Canada recalled that:
[t]he very premise underlying pay equity legislation is that women have suffered discrimination in the way they are compensated in the workforce.
This observation is well reflected in section 2 of the proposed legislation, but there is also a passage that has no place in a statement of principle such as this one. Teamsters Canada believes that the phrase “while accommodating the diverse needs of employers” is fundamentally at odds with the true objectives of the law and even contrary to the Canadian Charter. The bill must be amended to remove this passage.
The bill must take advantage of Quebec's experience, since the early 2000s, with proactive pay equity legislation. We believe that it would be preferable for the bill to impose a similar obligation to that contained in section 15 of the Quebec act:
The employer, the certified association or a member of a pay equity committee shall not, in establishing the pay equity plan, act in bad faith or in an arbitrary or discriminatory manner, or be grossly negligent of the employees of the enterprise.
It seems to us that government lawmakers should get back to work to include such obligations in the bill.
These two amendments would make it possible to avoid endless litigation and achieve the true objective of the Pay Equity Act.
Teamsters Canada will continue to monitor the development of the bill and work with the minister to improve the situation of women workers across Canada.
Thank you.