February 2019

Bill 10 – Improvements to the pay equity audit process (part one)

The Quebec government recently introduced a bill amending the Pay Equity Act mainly to improve the pay equity audit process. This Bill is in response to a decision by the Supreme Court of Canada on May 10, 2018, which had ruled that three sections of the Act were unconstitutional. The highest court had granted the Quebec government one year to make the necessary amendments to the Act.

If the bill is enacted in its current form, the main amendments will be as follows:

For companies that have set up a pay equity committee to establish a pay equity program or that have at least one certified association, the audit will have to include a participation process involving the following elements:

This bill raises many questions and, if adopted in its current form, will have a significant impact on pay equity audit practices, particularly with respect to the ongoing determination of salary gaps and the impact on active complaints. It would be advisable for all companies subject to the Pay Equity Act to adopt fair and structured compensation practices and policies in order to avoid unpleasant surprises.

Normandin Beaudry is currently examining the potential impacts of this bill. We will issue a second bulletin on this topic soon.

Would you like more information? 
Contact your Normandin Beaudry consultant or email us.

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