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Section 11 Canadian Human Rights Act 1985

OTHER CANADIAN LAWS 1. Short title. 2. Purpose. 3. Prohibited grounds of discrimination. 3.1 Multiple grounds of discrimination. 4. Orders regarding discriminatory practices. 5. Denial of good, service, facility or accommodation. 6. Denial of commercial premises or residential accommodation. 7. Employment. 8. Employment applications, advertisements. 9. Employee organizations. 10. Discriminatory policy or practice. 11. Equal wages. 12. Publication of discriminatory notices, etc. 13. [Repealed, 2013, c. 37, s. 2] 14. Harassment. 14.1 Retaliation. 15. Exceptions. 16. Special programs. 17. Plans to meet the needs of disabled persons. 18. Rescinding approval of plan. 19. Opportunity to make representations. 20. Certain provisions not discriminatory. 21. Funds and plans. 22. Regulations. 23. Regulations. 24. Accessibility standards. 25. Definitions. 26. Commission established. 27. Powers, duties and functions. 28. Assignment of duties. 28.1 Convention on the Rights of Persons with Disabilities. 29. Regulations. 30. Salaries and remuneration. 31. Chief Commissioner. 32. Staff. 32.1 Accessibility unit. 32.2 Pay Equity Unit. 33. Compliance with security requirements. 34. Head office. 35. Majority is a decision of the Commission. 36. Establishment of divisions. 36.1 Pay Equity Division. 37. By-laws. 38. Superannuation, etc. 38.1. Powers, duties and functions. 38.2. Absence or incapacity of Accessibility Commissioner. 38.3. Powers, duties and functions. 38.4 Absence or incapacity of Pay Equity Commissioner. 39. Definition of discriminatory practice. 40. Complaints. 40.01. Disclosure of personal information. 40.1 Definitions. 40.2 Non-application of sections 7, 10 and 11. 41. Commission to deal with complaint. 42. Notice. 43. Designation of investigator. 44. Report. 45. Definition of Review Agency. 46. Report. 47. Appointment of conciliator. 48. Referral of a settlement to Commission. 48.1 Establishment of Tribunal. 48.2 Terms of office. 48.3 Remedial and disciplinary measures. 48.4 Status of members. 48.5 Residence. 48.6 Remuneration. 48.7 Head office. 48.8 [Repealed, 2014, c. 20, s. 415] 48.9 Conduct of proceedings. 49. Request for inquiry. 50. Conduct of inquiry. 51. Duty of Commission on appearing. 52. Hearing in public subject to confidentiality order. 53. Complaint dismissed. 54. Limitation. 54.1. Definitions. 55. and 56. [Repealed, 1998, c. 9, s. 29] 57. Enforcement of order. 58. Application respecting disclosure of information. 59. Intimidation or discrimination. 60. Offence. 61. Annual report of Commission. 61.1 Minister of Justice. 62. Limitation. 63. Application in the territories. 64. Canadian Forces and Royal Canadian Mounted Police. 65. Acts of employees, etc. 66. Binding on Her Majesty 67. [Repealed, 2008, c. 30, s. 1]

Section 11 Canadian Human Rights Act

Section 11 Canadian Human Rights Act 1985 is about Equal wages and other provisions. It is under Part I (Proscribed Discrimination) and ‘Discriminatory Practices’ of the Act.

Equal wages

(1) It is a discriminatory practice for an employer to establish or maintain differences in wages between male and female employees employed in the same establishment who are performing work of equal value.

See also  Section 38.131 Canadian Evidence Act 1985

Assessment of value of work

(2) In assessing the value of work performed by employees employed in the same establishment, the criterion to be applied is the composite of the skill, effort and responsibility required in the performance of the work and the conditions under which the work is performed.

Separate establishments

(3) Separate establishments established or maintained by an employer solely or principally for the purpose of establishing or maintaining differences in wages between male and female employees shall be deemed for the purposes of this section to be the same establishment.

Different wages based on prescribed reasonable factors

(4) Notwithstanding subsection (1), it is not a discriminatory practice to pay to male and female employees different wages if the difference is based on a factor prescribed by guidelines, issued by the Canadian Human Rights Commission pursuant to subsection 27(2), to be a reasonable factor that justifies the difference.

Idem

(5) For greater certainty, sex does not constitute a reasonable factor justifying a difference in wages.

No reduction of wages

(6) An employer shall not reduce wages in order to eliminate a discriminatory practice described in this section.

Definition of wages

(7) For the purposes of this section, wages means any form of remuneration payable for work performed by an individual and includes

(a) salaries, commissions, vacation pay, dismissal wages and bonuses;
(b) reasonable value for board, rent, housing and lodging;
(c) payments in kind;
(d) employer contributions to pension funds or plans, long-term disability plans and all forms of health insurance plans; and
(e) any other advantage received directly or indirectly from the individual’s employer.

See also  Section 38.01 Canadian Evidence Act 1985

See also:

Section 10 Canadian Human Rights Act

Section 9 Canadian Human Rights Act

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