Applicant Eligibility (Members & Applicants only)

The court has rules about who is considered an “Applicant.” It only accepts as Applicants people who gave their express consent for the AOM to represent them. For the court to consider you an Applicant, you would have had to have signed and returned a form consenting to AOM representation by August 8, 2019 (as well as have received payment from the Ministry for midwifery services from November 2012 – February 2020). Throughout the years of the HRTO case, the AOM has advocated for inclusion of as many midwives as possible and provided multiple opportunities and calls for midwives to sign the consent form. The court does not allow Applicants to join a case once a decision and orders have been issued. 

However, according to the orders of the court, all registered midwives, regardless of whether they are Applicants, will receive the 20% increase back to April of this year, as well as any further adjustments to compensation from April 1, 2020, onward. All registered midwives will benefit from closing the gender pay gap moving forward.

The AOM pursues the HRTO case at the direction of midwife members. By overwhelming majority, midwives decided through a resolution to engage in legal action to close the gender pay gap as a unified group. This included a decision that all midwives would pay the legal levy. However, the resolution never provided (and legally could not provide) consent to the AOM to represent individuals in the case. So, for this reason, in order to become Applicants, midwives had to sign and return to the AOM the two-page form affirming that they wanted to be listed as an individual Applicant in the case represented by the AOM, in addition to paying the levy.

The list of eligible Applicants can be found here.

Additional information & correspondence

Dec. 1, 2020 Letter re: Special levy fee 2021 (PDF, 160 KB)
Aug 14, 2020

Letter: Letter to non-Applicant midwives who were NRs in 2019 - resources for filing an HRTO claim [PDF, 335 KB]

Sample Form: Application under section 34 of the Human Rights Code (Form 1) [PDF, 3.85 MB] Note: File must be downloaded and viewed in Adobe, not browser.

Sample Language: Schedule A sample language to include in HRTO Application package [PDF, 265 KB]

Aug 7, 2020 Letter: Midwives requesting legal support for individual HRTO claims [PDF, 143 KB]
Aug 4, 2020

Letters: Overviews of next steps for midwives who are not Applicants but have come forward requesting to be.
Letter to non-Applicant midwives in category A (evidence of efforts made to a consent by the deadline) [PDF, 257 KB]
Letter to midwives in category B (believe efforts were made to submit consent by deadline) [PDF, 24 KB]
Letter to midwives in category C1 and C2 (extenuating circumstances for not meeting the deadline to submit consent) [PDF, 227 KB]

July 30, 2020 Letter: Concerns regarding Applicant status in AOM v. MOH at the HRTO [PDF, 209 KB] addresses concerns regarding Applicant status, including a contextual overview of the HRTO process pertaining to adding Applicants to an existing complaint
July 14, 2020 HRTO Applicant FAQ for midwives [PDF, 122 KB] answers frequently asked questions about Applicant eligibility