In October 2016, we informed our readers and clients that the Québec Court of Appeal had unanimously upheld a Superior Court decision finding certain sections of the Pay Equity Act (Act) unconstitutional. The sections of the Act in question are those relating to retroactivity, employee participation in audits and posting of audit results.
As was expected, the Attorney General of Québec (AGQ) applied for leave to appeal of this decision before the Supreme Court of Canada. On April 27, the highest Court in the country granted this request to the AGQ.
This leaves everyone in limbo as to whether the Act will remain as it is at the moment. Until the Supreme Court definitely settles the issue, we reiterate our position that employers should continue to maintain pay equity and that it would be advisable to conduct the exercise annually.
We will closely follow developments in this matter.