by Paula Määttä

III. Canada

F. The role of the public sector

1. Equality authorities

Canada has established different authorities to administer the implementation of pay equity. In provinces the Pay Equity Bureaus, the Commissioners of Pay Equity and pay equity officers may summon witnesses, require the production of documents, administer oaths, enter places of employment to inspect any work and question employees, and issue orders to ensure compliance with the requirements of the Pay Equity Act.

In Manitoba, for example, the Pay Equity Bureau was established within the Department of Labour to assist both public and private sector employees and employers to implement pay equity. In Prince Edward Island, the Bureau assists public sector employers, employees and bargaining agents in implementing pay equity. It also prepares statistics and educational material relating to pay equity. The Bureau may initiate and oversee the negotiations required to be undertaken by the public sector and bargaining agents. If the employer fails to comply with the legislation, the Bureau may receive and process complaints.

The Women's Bureau is a Canadian government organization which deals with issues concerning working women. The Bureau offers leadership on such issues, works with labour unions, employers, women's groups and other organizations committed to advancing the cause of women's equality.

2. Positive action policy

A positive action policy has been adopted in the public sector for promoting women's position in relation to employment. Employers are required to provide detailed annual information on the employment status of all employees from designated groups (including women). Failure to comply can result in a fine. The reports are made public, and they are reviewed by the Canadian Human Rights Commission. The data of the report provide a realistic base on how to develop goals, targets, and timetables, and can be used to monitor and evaluate the effectiveness of positive action programmes so that adjustments can be made. The federal Employment Equality Act requires employers to prepare an annual equity plan with goals and timetables, and to retain it for three years. (ILO, 19-23 Nov 1990, pp. 90-91.)

Affirmative action plans in Canada must be drawn up and implemented in agreement with workers. Financial incentives are also used to encourage the adoption and implementation of positive action plans in private enterprises. Federal contract compliance schemes have been established, whereby the Government may make the awarding of contracts to private enterprises subject to compliance with positive action programmes. The Government also created a Workplace Equality Fund in 1990 to provide financial assistance for joint labour management cooperation on issues affecting women's equality in employment. (ILO, 19-23 Nov 1990, p. 93.)