2001 Legislative Session: 5th Session, 36th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE GRAEME BOWBRICK
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR HUMAN RIGHTS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 12 of the Human Rights Code, R.S.B.C. 1996, c. 210, is repealed and the following substituted:
12 (1) An employer must not discriminate between employees by employing an employee of one sex for work at a rate of pay that is less than the rate of pay at which an employee of the other sex is employed by that employer for work of equal value.
(2) For the purposes of subsection (1), the concept of skill, effort, working conditions, knowledge and responsibility must, subject to factors in respect of pay rates such as seniority systems, merit systems and systems that measure earnings by quantity or quality of production, be used to determine what is work of equal value.
(3) A difference in the rate of pay between employees of different sexes based on a factor other than sex does not constitute a failure to comply with this section if the factor on which the difference is based would reasonably justify the difference.
(4) An employer must not reduce the rate of pay of an employee in order to prevent or end discrimination described in subsection (1) between the employer's employees.
2 Section 37 is amended by adding the following subsections:
(2.1) The member or panel designated to hear a complaint that section 12 is contravened must determine that the complaint is not justified if the member or panel is satisfied that the employer has established a plan by written agreement entered into in good faith
(a) that provides for the achievement of the requirements of section 12 (1) for all employees in British Columbia of the employer that are the subject of the complaint,
(b) under which the employees described in paragraph (a) for whom the requirements of section 12 (1) are not yet met currently receive for the purposes of achieving the requirements of section 12 (1) during each 12 month period covered by the agreement an increase in compensation, and
(c) that is entered into
(i) by a trade union as defined by the Labour Relations Code, if the trade union is the bargaining agent under the Labour Relations Code for employees that are the subject of the complaint, and
(ii) by or on behalf of each employee that is the subject of the complaint and is not within a bargaining unit as defined by the Labour Relations Code.
(2.2) The total increase in compensation for all employees in British Columbia of an employer under plans to which subsection (2.1) (b) applies during each 12 month period must not be less than 1% of the employer's payroll in British Columbia during the preceding 12 months until the requirements of section 12 are fully achieved for those employees.
(2.3) A plan under subsection (2.1) may adopt or make reference to job classifications of an employer that is not a party to the written agreement.
(2.4) If an order is made under subsection (2) remedying a contravention of section 12 and subsection (2.5) does not apply, orders under subsection (2) (c) and (d) together must increase the compensation to the employees that are the subject of the complaint during each 12 month period by an amount of 1% of the employer's payroll in British Columbia during the preceding 12 month period until the requirements of section 12 (1) are achieved for those employees.
(2.5) If an order is made under subsection (2) remedying a contravention of section 12, and the member or panel determines that it is in the public interest that the scope of its order be broader than subsection (2.4) allows,
(a) the order must provide for the achievement of the requirements of section 12 (1) for all employees in British Columbia of the employer,
(b) each trade union as defined by the Labour Relations Code that is the bargaining agent under the Labour Relations Code for employees described in paragraph (a) must be notified and given an opportunity to make representations concerning the order before it is made,
(c) each employee described in paragraph (a) that is not within a bargaining unit as defined by the Labour Relations Code must be notified and given an opportunity to make representations concerning the order before it is made, and
(d) the order must increase the compensation to the employees described in paragraph (a) for whom the requirements of section 12 (1) are not met during each 12 month period by an amount of 1% of the employer's payroll in British Columbia during the preceding 12 month period until the requirements of section 12 (1) are achieved for those employees.
(2.6) If an order is made under subsection (2) remedying a contravention of section 12, compensation under subsection (2) (d) (ii) respecting an employee or former employee applies only to wages or salary lost, or expenses incurred, by the employee or former employee during the period beginning 12 months before the date the complaint was filed.
3 This Act comes into force on June 1, 2002.
Explanatory Notes
SECTION 1: [Human Rights Code, re-enacts section 12] re-emphasizes that wage discrimination based on gender is a contravention of the Human Rights Code and makes the test for this form of discrimination equal pay for work of equal value.
SECTION 2: [Human Rights Code, amends section 37] clarifies how section 37 (2) of the Human Rights Code applies for purposes of an order remedying a contravention of section 12 of the Act.
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