The Pay Equity Act: Understanding Employer Obligations

Legal Compliance: Obligations for Quebec Employers

The Pay Equity Act was unanimously adopted by the National Assembly of Québec in 1996, leading to the creation of the Pay Equity Commission, which is now part of the CNESST. The Act aims to correct pay gaps resulting from systemic gender-based discrimination, particularly affecting employees working in predominantly female job categories. Since its adoption, Quebec employers have been legally required to ensure pay equity within their organizations. In 2009, the Act was amended to strengthen the mechanisms designed to achieve and maintain pay equity compliance over time. Depending on the number of employees in your organization, you may be required to complete a pay equity exercise, implement a pay equity plan or program, conduct a pay equity maintenance evaluation, or file an annual Employer Statement (DEMES), all within strict statutory deadlines. Failure to comply may result in penalties, fines, or audits by the CNESST.

The Principle of Equal Pay for Work of Equal Value

Pay equity is based on the principle of “equal pay for different work of equal value”, rather than equal pay for identical work. While this concept may appear straightforward, its application becomes more complex when comparing different job functions within the same organization. Pay equity recognizes the right of an employee working in a predominantly female job category to receive compensation equal to that of an employee in a predominantly male job category of comparable value. For example, a secretary position may be compared to a mechanic position when both roles are determined to be of equivalent value based on recognized evaluation criteria. Pay equity is achieved when compensation for female- and male-dominated job classes is fair and equitable, following a rigorous job evaluation process and the implementation of any required salary adjustments.

Your Pay Equity Compliance Partner | Pro Gestion

Pro Gestion helps employers understand their obligations under the Pay Equity Act and implement compliant exercises, programs, maintenance evaluations, and DEMES filings within required deadlines. We guide you through job evaluations and wage adjustments to ensure equal pay for work of equal value providing clarity, compliance, and peace of mind.

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