Portion of Quebec’s pay equity law struck down (Legal View)

Certain parts of pay equity legislation declared invalid
By Catherine Gagné
|Canadian HR Reporter|Last Updated: 03/24/2014

A Quebec judge has declared sections of the province’s pay equity legislation to be invalid.

In Alliance du personnel professionnel et technique de la santé et des services sociaux c. Québec (Procureur général), Quebec Superior Court Justice Édouard Martin declared sections 76.3 and 76.5 of the Pay Equity Act (PEA) to be invalid, inapplicable and of no force or effect.

The sections were declared invalid because they affect the right to equal salary for equivalent work without distinction based on gender, as guaranteed under the Canadian Charter of Rights and Freedoms and Quebec’s Charter of Human Rights and Freedoms.