On a narrower issue, the need for a new pay equity model now is because of the current transitional provisions under the budget implementation act. Despite receiving royal assent, PSECA is not yet in force. The current complaints fall under the transitional provisions. Under these provisions, complaints are filed with the Canadian Human Rights Commission and referred to the Public Service Labour Relations and Employment Board. Also under the transitional provisions, complainants like ACFO who file under the transitional provisions are restricted on the remedies available to them. The power of the Public Service Labour Relations and Employment Board is restricted to lump sum payments for monetary awards. This restricts the complainants' right to be whole because these base salaries cannot be adjusted to prevent new wage gaps going forward.
A proactive pay equity regime should ensure that current and future complainants provide for a more comprehensive and human right-based resolution.