Pay equity regulations nowhere to be found nearly a year after deadline, say advocates

Newfoundland and Labrador's pay equity advocates are calling on the provincial government to follow through on its own timeline for implementing its regulations on the Pay Equity and Pay Transparency Act that it passed nearly two years ago. 

Despite a promise in a March 2023 news release to finalize regulations by the end of last year, the government hasn't yet acted on its words.

Bridget Clarke, advocacy coordinator with the St. John's Status of Women Council, said the inaction leaves the legislation ineffective for most workers in the province.

"A part of that problem is that it's only written to currently come into effect for a very small portion of workers in the province," she said.

Clarke says it currently only applies to a small group of workers in the public sector.

The Pay Equity and Pay Transparency Act became law in the fall of 2022, and was intended to address wage disparities between genders after being introduced as a private members bill in 2017.

Legislation 'rushed and negligent'

The absence of regulations for pay transparency and pay equity isn't the only concern for Clarke, who pointed out that even if the regulations were put in place, the current law would leave out those in the private sector, contract workers, and students.

"People who are the most likely to be underpaid and undervalued — like women, people of colour, and individuals in precarious work — are the ones not protected by this law," said Clarke.

The council also says the 2022 legislation was introduced too hastily, without proper input from key groups.

Clarke describes the approach as "rushed and negligent," adding that a lack of engagement from the government during the drafting process resulted in several gaps in the law.

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"There was no consultation process that ourselves or any of our partners who have kind of pushed and advocated to bring this legislation," said Clarke. The group says excluding groups like the women's council was a "misstep" by the government.

Pay equity not a priority, says labour group

The lack of action has also drawn criticism from the Newfoundland and Labrador Federation of Labour, who say the government is not treating pay equity as a priority.

"If pay equity was a priority, it would have been implemented years ago," said president Jessica McCormick.

"We've waited long enough.... [It's] disgusting that we have had to continue to wait for regulations that should have been introduced a long time ago."

Pam Parsons, minister of women and gender equality who oversees pay equity legislation, declined an interview with CBC News.

"At this time there is nothing new to report," a department spokesperson said in an email to CBC News.

It is also unclear whether pay equity regulations, which were supposed to be finalized and released by the end of 2023, will be on the agenda for the upcoming sitting of the legislature in November.

The Federation of Labour also said the majority of women and members of marginalized communities are overrepresented in the private sector, which remains excluded under the current legislation.

'Not too late to get it right'

The Status of Women Council calls for the legislation to be redrafted, saying that the law, as it stands, doesn't recognize pay equity as a fundamental human right under the Canadian Charter of Rights and Freedoms.

"Pay equity means equal pay for work of equal value," said Clarke. Clarke says without inclusion of private sector, contract workers or students, the legislation falls short to guarantee fair pay for all workers.

Since the legislation was first introduced in 2022, Clarke said the Status of Women Council and its partners have maintained consistent communication with the provincial government. While the dialogue has continued, she said, little has changed in terms of progress.

"We've been engaging with them on a regular basis, but what's been shared with the public is about the same as what's been shared with us," Clarke said.

"Now, we're in a position where the legislation needs to be redrafted, and that's something we're more than willing to support."

The Federation of Labour shared similar sentiments, saying the lack of consultation with the labour movement and other advocacy groups resulted in a rushed, incomplete piece of legislation that doesn't effectively address pay equity.

McCormick says while many politicians label themselves as feminists, their lack of action on pay equity suggests otherwise.

The Federation of Labour says the province's ongoing negligence for pay equity regulations indicates a failure to prioritize the needs of workers at a time when many in the province face wage discrimination in their workplaces.

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