Certain Provisions Of Quebec's Pay Equity Act Are Invalid, SCC Rules

On May 10, 2018, the Supreme Court of Canada (SCC) confirmed that certain sections of the Quebec Pay Equity Act (Act) regarding pay equity audits were invalid, inapplicable and unenforceable. The SCC agreed with the Quebec Court of Appeal's decision as well as that of the Quebec Superior Court and determined that sections 76.3, 76.5 and 103.1, paragraph 2, of the Act are discriminatory under section 15(1) of the Canadian Charter of Rights and Freedoms (Charter).

At the same time, the SCC upheld the suspension of the declaration of invalidity, inapplicability and unenforceability for a period of one year or until such time as the Quebec legislature remedies the situation, whichever comes first. This way, the invalidated sections of the Act shall remain in force for at most one year, and Quebec employers who are in the process of a pay equity audit or are due to conduct one within the next year must continue to comply with the current wording of these sections.