Evidence of meeting #5 for Pay Equity in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was model.
A video is available from Parliament.
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Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Then they would file a claim. Is that correct?
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Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Okay. That is the reactive model, is that correct?
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Executive Director, Canadian Human Rights Commission
Yes. We would describe it more as reactive, and as you can imagine, a bit uneven as well, because you can have one employer in one industry facing a complaint and then having to remedy that particular complaint, whereas other organizations in the same industry are not facing the complaint and not having to go through the same process.
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Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
I noticed that your plans and priorities for this year show that you also have a human rights program, where you are putting a lot of information—some might say practically, but I am not going to try to confuse too many things here—and where you are trying to promote how the legislation works, what people's inherent rights are, and what the different remedies are. Is that correct?
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Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
That is something you do right now. It doesn't directly relate to this conversation, but you are trying to promote this, so that people are aware of the services you have.
How much time do I have?
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Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Perfect. Thank you.
I would like to move on to PSECA. Itself a piece of legislation, it is complemented, I think we have to note, by the Public Service Labour Relations Act. I just want to get on the table that if someone is being discriminated against, let's say by a manager—I am not picking on management too much, but I am going to—it makes an employee feel that their human rights.... For example, if they have been denied compensation, promotions, or what not, due to gender or some other discrimination, they could still file with you directly, couldn't they?
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Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Their union could assist them with that, is that correct?
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Counsel, Human Rights Protection Branch, Canadian Human Rights Commission
Are you talking about anti-discrimination complaints—
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Counsel, Human Rights Protection Branch, Canadian Human Rights Commission
—as opposed to pay equity complaints?
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Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Well, that is the question I would like to get on the table, because to me, even though they are related, sometimes they are very different. For example, if I feel that I am discriminated against, because I think that my manager doesn't like my gender and won't give me a pay boost or a promotion, that would fall under your body, would it not?
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Counsel, Human Rights Protection Branch, Canadian Human Rights Commission
Public sector employees would file a grievance under the Public Service Labour Relations Act.
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Conservative
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Counsel, Human Rights Protection Branch, Canadian Human Rights Commission
Yes.
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Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Do they still have the option of going to the Human Rights Commission?
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Counsel, Human Rights Protection Branch, Canadian Human Rights Commission
They could come to us at the end of the entire grievance process and take the position that their allegations have not been redressed.
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Counsel, Human Rights Protection Branch, Canadian Human Rights Commission
The commission does have jurisdiction at that point to not take the complaint.
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Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Okay.
Again, for the individual who, for whatever reason.... To me, it sounds as if the new PSECA is really set up upon an employee.... If they say, “Listen, we are above a certain threshold for men versus women predominant in this group. We have been talking among employees, and we feel there is an issue here”, then that can go through the union grievance process under PSECA, for a pay equity complaint, can it not?
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Counsel, Human Rights Protection Branch, Canadian Human Rights Commission
If PSECA comes into force, employees will have a limited right to file complaints by themselves without assistance from their union, after the union and the employer have attempted to implement. Those complaints will be filed to the PSLREB. We don't know what that complaint structure is going to look like. There's provision in the proposed legislation for regulations.
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Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
That's the regulation power. I would assume once it goes through the Canada Gazette program, the Canadian Human Rights Commission would probably have some input on what those regulations look like, if they draft them and ask for public comment.
