Fact Sheet — Statistical Survey Operations Pay Equity Settlement — May 13, 2016

On May 13, 2016, the Government of Canada announced the settlement of a human rights complaint affecting up to 25,000 employees who worked at Statistical Survey Operations (SSO) from March 8, 1985 to November 30, 2013.

Statistics Canada is committed to gender equality and to the implementation of this settlement. The agency will make every effort to reach current and former SSO employees who may be eligible for retroactive pay under the agreement.

If you would like to know more about the details of the Pay Equity Settlement, please consult the Questions and answers.

Notices

August 7, 2018 – Update on Additional Payment

We are pleased to inform all of our valued interviewing staff that through our collaborative efforts, we have arrived at an agreement on the inclusion of paid leave as part of the calculation of payments for the pay equity settlement.

As a result, those current and former employees covered by the Settlement Agreement will receive an additional payment in this manner:

  • Eight percent (8%) to SSO employees covered by the Agreement who stopped work any time up to and including March 31, 2000
  • Ten percent (10%) to SSO employees covered by the Agreement who stopped work on April 1, 2000 or later

We are processing payments as quickly as possible. Please note that you do not have to re-apply to receive this additional payment.

We would also like to acknowledge the collaborative efforts of the Public Service Alliance of Canada as well as Arbitrator Joy Noonan in assisting us in arriving at this positive outcome for our employees.

Statistics Canada is committed to gender equality and fair wages and is appreciative of the efforts of our employees.

For more details on how the payment is calculated, please refer to Questions 18, 19 and 20 in the Questions and answers section.

January 2, 2018 – Update on payments

For those former employees of Statistical Survey Operations that submitted their completed package prior to November 2017, Statistics Canada has commenced issuing payments. For all those that have submitted completed packages as of November 2017, payments are planned to commence in January 2018.

If you believe you are eligible for payment, please send an e-mail to the following mailbox or a letter to the following address, indicating that you are a former employee of Statistical Survey Operations and believe you are eligible for payment. You will then receive an information package containing the forms to apply.

Email:
statcan.ssopayequityoesequitesalariale.statcan@statcan.gc.ca

Mail:
Statistics Canada
2550 Victoria Park Avenue 2nd Floor
Toronto ON M2J 5A9
Attn: SSO Pay Equity Unit

If you have already forwarded the necessary forms, please note that we will contact you if we require further information. If you received the auto response from our dedicated mailbox, it means we have received your forms. Given the volume of requests it is not possible at this time to send individual confirmation e-mails.

December 14, 2017

Further to the October 26, 2017 notice, Statistics Canada is working with the Public Service Alliance of Canada to select an independent third party to review this matter, in accordance with the dispute resolution mechanism outlined in the settlement agreement.

Throughout this process, the agency is continuing to implement the terms of the Statistical Survey Operations Pay Equity Settlement.

If you have any questions, or for more information, please contact SSO Pay Equity.

October 26, 2017

Over the summer, questions were raised around payment calculations of the pay equity settlement, as they are based on the number of hours worked and do not include paid leave, overtime rates, and designated paid holidays.

Statistics Canada and the Public Service Alliance of Canada (PSAC) worked collaboratively to address this issue and despite active steps to resolve this matter, to date we have been unable to reach an agreement.

In the meantime, the agency continues to implement the terms of the Statistical Survey Operations Pay Equity Settlement.

If you have any questions, or for more information, please contact SSO Pay Equity.

September 6, 2017

Concerns have been raised over pay equity settlement payment calculations that were based on the number of hours worked and do not include paid leave, overtime rates, and designated paid holidays.

Given that this issue affects the general implementation of the settlement between Statistical Survey Operations and the Public Service Alliance of Canada, the parties continue to work together to resolve this issue in a manner that will apply to all eligible employees.

As discussions are underway, employees do not need to raise this matter through the Dispute Resolution Process. Those who believe that there may be an error in their payment unrelated to this issue should submit an appeal in writing to Statistical Survey Operations.

In the meantime, Statistics Canada will continue to gather information and process the payments. Rest assured, once a decision has been reached, we will communicate the outcome to all those affected.

If you have any questions, or for more information, please contact SSO Pay Equity.

August 11, 2017

Questions have recently been raised over Statistics Canada's method of calculating settlement payments, which is based on hours worked and excludes paid leave, overtime rates, designated paid holidays and some other forms of compensation.

Given that these questions affect the general implementation of the settlement between Statistical Survey Operations and the Public Service Alliance of Canada, the agency is working together with the Public Service Alliance of Canada to resolve this matter. Once a decision has been reached, Statistics Canada will communicate the outcome to all those affected.

In the meantime, the agency will continue to implement the terms of the Statistical Survey Operations Pay Equity Settlement in an efficient, fair and transparent manner

If you have any questions, or for more information, please contact SSO Pay Equity.

Settlement highlights

  • On April 8, 2016, Statistics Canada (on behalf of the SSO), Treasury Board Secretariat (on behalf of the Treasury Board of Canada) and the Public Service Alliance of Canada reached an agreement to settle a long-standing issue involving employees of SSO.
  • The agreement covers interviewers and senior interviewers who worked at Statistics Canada from March 8, 1985 to November 5, 1987 and interviewers and senior interviewers who worked at SSO from November 6, 1987 to November 30, 2013.
  • Approximately 20,000 to 25,000 current and former employees are entitled to receive payments, with an average gross payment of between $1,500 and $2,000.
  • Statistics Canada is establishing a dedicated team to administer the settlement. To help locate and identify eligible employees, administrative records will be reviewed. As well, the agency will use internal communication channels, mail outs, newsletters, online channels and traditional media outlets to inform current and former employees of the settlement.
  • Statistics Canada will use detailed employment records to identify eligible employees who joined SSO after January 1, 1993. These employees will be contacted by the agency.
  • Employees who worked as interviewers from March 8, 1985 to December 31, 1992 are asked to contact the agency to determine their eligibility to make a claim.
  • Payments to eligible employees should begin early in 2017. Given the large number of claims involved, it could take up to three years to identify, contact, process and pay all eligible claimants.
  • Payments will be pro-rated, based on the number of hours worked by the eligible employee.
  • Statistics Canada is committed to implementing the terms of the settlement in an efficient and transparent manner and to making its best effort to inform all potential claimants.
  • Statistics Canada and the Government of Canada are committed to gender equality in employment and ensuring that employees receive appropriate compensation for their work.

Questions and answers

1. Who is eligible to receive a payment as a result of the pay equity settlement?

An Interviewer or Senior Interviewer who worked at Statistics Canada between March 8, 1985 and November 5, 1987

and

An Interviewer or Senior Interviewer who worked for SSO between November 6, 1987 and November 30, 2013 and who was in receipt of pay, a maternity or parental allowance, disability benefits or workers' compensation benefits during this period.

2. If an employee dies or is deceased are they still entitled to receive a payment?

Yes the settlement will paid to the estate of the deceased.

3. What is Statistics Canada doing to locate potential claimants?

Statistics Canada is using administrative records to locate and identify potential claimants. As well, the agency will use internal communication channels, mail outs, newsletters, online channels and traditional media outlets to inform employees and members of the public. For individuals who joined SSO after 1993, Statistics Canada will use employment records to identify and contact eligible employees. Employees who worked as interviewers and senior interviewers from 1985 to1993 are asked to contact Statistics Canada to learn more about the process to make a claim.

4. How do I ensure that I will receive the Pay Equity settlement payment due to me?

A dedicated mail-box has been set up at Statistical Survey Operations, in order that former employees can contact us and leave their current address or e-mail address so we can forward a Pay Equity payment package. The package will contain forms that you will be required to complete and return to Statistics Canada. The e-mail address is:
statcan.ssopayequityoesequitesalariale.statcan@statcan.gc.ca.

You can also send us a letter to:

Statistics Canada
2550 Victoria Park Avenue, 2nd Floor
Toronto ON M2J 5A9
Attn: SSO Pay Equity Unit

5. What is the deadline to submit a claim?

A claim should be submitted as soon as possible

6. What if a claim is not submitted by the deadline?

Eligible employees shall have five years from the issuance of the last settlement payment to make a claim.

7. When will Statistical Survey Operations (SSO) start to make these payments?

We are in the process of putting together a dedicated team to work on this project. The goal is to start making payments in early 2017 to those employees who are currently working for SSO. The second group of payments will be made to those employees who worked for SSO between April 1993 and November 2013. The third group of payments will be made to those employees who worked between March 1985 and March 1993.

8. How will the payments be calculated?

There are three specific periods when it comes to calculating the payment.

  1. March 08, 1985 to November 5, 1987 (Period 1)
    • You will be paid the sum of 100% of the Annual Pay Equity Adjustment (PEA) for the CR-02 classification.
    • The payment will be prorated based on the number of hours you worked in the year (on the basis that a full-time year is made up of 1956.6 hours)
    • For example:
      If you worked 1000 hours from April 1 1985 to March 31 1986; and
      You worked 1200 hours from April 1 1986 to March 31 1987; and
      You worked 750 hours from April 1 1987 to Nov 5 1987, it would be calculated as follows:
      • 1000/1956.6 = .511 $2030 × .511 = $1037.33
      • 1200/1956.6 = .614 $2390 × .614 = $1467.46
      • 750/1956.6 = .384 $2527 × .384 = $970.37
      You would receive a payment of $3,476.16 for this period.
      Period 1 payment calculation
      Year Annual PEA Rate
      March 8, 1985 – March 31, 1986 $2030
      April 1, 1986 – March 31, 1987 class="text-right"$2390
      April 1, 1987 – November 5, 1987 $2527
  2. November 6, 1987 to July 28, 1998 (Period 2)
    • You will be paid the sum of 55% of the Annual Pay Equity Adjustment (PEA) for the CR-02 classification
    • The payment will be prorated based on the number of hours you worked in the year (on the basis that a full-time year is made up of 1956.6 hours)
    • For example, if you worked 1000 hours from April 1 1988 to March 31, 1999
      • 1000/1956.6 = .511
      • $2776 × .511 = $1418.54
      • $1418.54 × 55% = $780.20
      You would receive a payment of $780.20 for this period.
      Period 2 payment calculation
      Year Annual PEA Rate Hourly Rate
      November 6, 1987 – March 31, 1988 $2527 $1.289
      April 1, 1988 – March 31, 1989 $2776 $1.419
      April 1, 1989 – March 31, 1990 $2777 $1.420
      April 1, 1990 – March 31, 1991 $3068 $1.568
      April 1, 1991 – March 31, 1992 $3380 $1.728
      April 1, 1992 – March 31, 1993 $3483 $1.781
      April 1, 1993 - March 31, 1994 $3730 $1.907
      April 1, 1994 – March 31, 1995 $3642 $1.862
      April 1, 1995 – March 31, 1996 $3643 $1.862
      April 1, 1996 – March 31, 1997 $3653 $1.867
      April 1, 1997 – March 31, 1998 $1408 $0.720
      April 1, 1998 – July 28, 1998 $706 $0.361
  3. July 29, 1998 to November 30, 2013 (Period 3)
    • You will be paid the sum of 45% of the wage difference between
      • The Interviewer (IN-01) and the CR-02 classifications
        or
      • The Senior Interviewer (IN-02) and the CR-02 classifications
    • The payment will be prorated based on the number of hours you worked in the year (on the basis that a full-time year is made up of 1956.6 hours)
    • For example, if you worked 1000 hours as an IN-01 from April 1, 1999 to March 31, 2000
      • 1000 × 0.92 = $920.00
      You would receive a payment of $920.00.
    • Please note that the rates below have already been reduced to 45% of the actual wage gap
      Period 3 payment calculation
      Year IN-01 IN-02
      July 29, 1998 – March 31, 1999 $1.03 $1.55
      April 1, 1999 – March 31, 2000 $0.92 $1.45
      April 1, 2000 – March 31, 2001 $0.80 $1.32
      April 1, 2001 – March 31, 2002 $0.78 $1.32
      April 1, 2002 – March 31, 2003 $0.68 $1.20
      April 1, 2003 – March 31, 2004 $0.43 $0.91
      April 1, 2004 – March 31, 2005 $0.25 $0.70
      April 1, 2005 – March 31, 2006 $0.26 $0.72
      April 1, 2006 – March 31, 2007 $0.27 $0.74
      April 1, 2007 – March 31, 2008 $0.28 $0.75
      April 1, 2008 – March 31, 2009 $0.25 $0.73
      April 1, 2009 – March 31, 2010 $0.26 $0.74
      April 1, 2010 – March 31, 2011 $0.26 $0.76
      April 1, 2011 – March 31, 2012 $0.27 $0.78
      April 1, 2012 – March 31, 2013 $0.27 $0.78
      April 1, 2013 – November 30, 2013 $0.33 $0.86
9. If I worked over two periods, will I receive a separate payment of each period?

The goal is to make one payment for each employee, wherever possible. There may be situations where this is not possible.

10. Will interest be paid on any of the payments?

In accordance with the agreement, interest will only be paid on those payments made for Period 1 (March 8, 1985 to November 5, 1987). This interest will be calculated based on simple interest using the Canada Savings Bond (CSB) rate. Interest will be calculated semi-annually on 90% of the total payment owing as of March 31st and September 30th of each year up until the date of actual payment.

The CSB rates are as follows:

CSB rates
Year Interest rate
1985 11.25%
1986 10.00%
1987 7.75%
1988 9.00%
1989 10.50%
1990 10.50%
1991 10.75%
1992 7.50%
1993 6.00%
1994 4.25%
1995 7.50%
1996 5.25%
1997 5.25%
1998 3.50%
1999 4.00%
2000 5.05%
2001 4.85%
2002 1.80%
2003 2.00%
2004 1.65%
2005 1.50%
2006 2.00%
2007 3.00%
2008 3.25%
2009 2.00%
2010 0.40%
2011 0.65%
2012 0.50%
2013 0.50%
2014 0.50%
2015 0.50%
2016 0.50%
2017 0.50%
2018 0.50%
2019 0.50%
2020 0.50%
2021 0.50%
2022 0.50%
2023 0.50%
2024 0.50%
2025 0.50%

After 2021, the last published rate of 0.50% will be used to calculate interest.

11. Will this payment be considered to be salary for the purposes of Superannuation or Disability Insurance?

No, the payment will not be considered to be salary for the purposes of Superannuation or Disability Insurance.

12. How do you determine the number of hours for the periods where the employee was in receipt of Maternity or Parental Allowance or Disability or Workers' Compensation Benefits?

As stated above, these hours only count for the period of employment between November 6, 1987 and November 30, 2013.

For the periods of Maternity and Parental leave, we use the Adjusted Average Work Week hours that were used to determine the amount of allowance you received. This is in accordance with the collective agreements at the time.

For the periods where Disability or Workers' Compensation benefits were received, we use the established Average Work Week (AWW) hours on the day immediately preceding the commencement of benefits.

13. Are statutory deductions taken from the payment? (ie: Income tax, CPP/QPP, EI)

The payment will be structured as follows:

  • 60% of the payment will be paid as compensation pursuant to section 53(2) (e) of the Canadian Human Right Act without deduction for tax to a maximum of $20,000.00. This is considered 'damages' and is not reported on a T4/Relevé 1
  • 40% of the payment will be paid as compensation in lieu of lost wages (Lost Wages Compensation). This is considered income and is subject to regular statutory deductions (Income Tax, CPP/QPP and EI). This amount is reported on a T4/Relevé 1.
  • Should the 60% portion of the payment exceed $20,000.00 the excess amount will be treated as Lost Wages Compensation and be subject to statutory deductions and reported on a T4/Relevé 1.
  • The interest paid on any payment from Period 1 is not considered income and therefore is not subject to statutory deductions. This amount will be reported on a T5/Relevé 3.
14. Will I receive a hard copy cheque when the payment is made?

No, all payments will be made by direct deposit.

15. Will I receive a breakdown of the hours I worked and how the calculations were made?

We will provide you a breakdown of each period of employment, the number of hours worked in each period, the payment for each period as well as a breakdown of the 60 % portion, the 40% portion and the interest paid on the eligible periods.

16. What if I have other questions about my payment?

You can submit your questions to the above e-mail address or mail them to the above address. We will make every attempt to answer them in a reasonable timeframe. However, this settlement could affect upwards of 20,000 employees, so the focus will be on ensuring that as many people possible receive their payment in a reasonable time. We suggest that you wait until you receive your payment and then if you have any questions or concerns you can contact us at that time.

17. What if I believe that there is an error in the service calculation, eligibility or the resulting payment?

In this event, you would be able to participate in a three step review process.

  • Step 1:You must submit an explanation, in writing, to SSO copied to the Public Service Alliance of Canada (PSAC), of the alleged discrepancy with supporting documentation, if available, within one hundred and twenty (120) days of the receipt of payment.

    SSO will have forty-five (45) calendar days to communicate its decision to you and send a copy to PSAC.
  • Step 2: If you are not satisfied with SSO's decision, you will have fifteen (15) calendar days from the day of receipt of the decision to request a review by a joint PSAC/SSO committee.
  • Step 3: If the joint committee cannot reach consensus, PSAC will have thirty (30) calendar days from the date of the final committee meeting to notify you and SSO of its intent to proceed in front of an independent third party.
18. What was the result of the arbitration ruling on June 13, 2018 regarding the issue that payment calculations of the pay equity settlement were based on the number of hours worked and did not include paid leave?

The result of ruling is that all SSO employees covered under the Settlement Agreement will receive an additional payment proposed by SSO in lieu of paid leave.

19. How is this additional payment calculated?

The additional payment is a percentage of the total gross payment of the pay equity payment and the percentage is determined by the date an employee stopped SSO work.

  1. An employee covered under the Settlement Agreement who stopped SSO work anytime up to and including March 31, 2000 is entitled to an additional payment of eight (8) percent of their total gross pay equity payment.
  2. An employee covered under the Settlement Agreement who stopped SSO work on April 1, 2000 or later is entitled to an additional payment of ten (10) percent of their total gross pay equity payment.
20. Is this additional payment taxable?

In accordance to the arbitration ruling, this additional payment will be treated as compensation pursuant to Section 52 [2] [c] of the Canadian Human Rights Act. This means that it is treated in same manner as the 60% portion of your pay equity payment and is not subject to tax and is not reported on a T4/Rel 1.

Please note that in the event that the total payment of the 60% portion of your pay equity payment and this additional payment exceeds $20,000, any amount above the 20,000 threshold will be treated as Lost Wages compensation and is subject to statutory deductions and reported on a T4/Rel 1 in accordance to paragraph 19 [iii] of the Settlement Agreement.

If you have any questions contact SSO Pay Equity / OES Équité salariale.