All of Canada's provinces and territories also have human rights legislation which prohibits discrimination in employment generally and which, in the absence of or in addition to pay equity legislation, can be a tool for addressing discrimination at pay.
Below is a brief outline of the different provincial regimes.
Provincial Pay Equity Laws
Beginning in 1986, six Canadian provinces enacted specific pay equity legislation which imposes pro-active obligations on employers (usually public sector employers) to take active steps to identify and eliminate wage discrimination. These pro-active statues were developed in recognition of the fact that pay discrimination is systemic - it is not restricted to particular jobs in particular workplaces. The pro-active obligations also responded to the difficulty experienced in enforcing Canada's federal legislation which is complaint-based - that is, it is only enforced in response to specific complaints.
In order of chronology, the provinces that enacted pay equity legislation are as follows.
Manitoba
The first jurisdiction to pass proactive legislation was Manitoba which, in 1986, enacted the Pay Equity Act. Under this statute, which applies only to the provincial public sector, an obligation was placed on employers to ensure that there would be no difference between the wages of male and female employees performing work "of equal or comparable value." The process for eliminating discrimination involved negotiation with the unions representing public sector employees. The Act does not cover municipal governments or independent boards and commissions. The Act does not cover private sector employees.
Ontario
Passed in 1987, Ontario's Pay Equity Act was perhaps the most progressive pay equity statute of its time. It applies to all public sector employers and also to all private sector employers. The proactive intent of the legislation was clear in section 7(1), which went farther than simply saying that wage discrimination is objectionable. It requires most employers to take pro-active steps to identify and eliminate wage discrimination:
The statute thus places a positive obligation on each employer who has more than 10 employees to ensure that its own compensation policies are not discriminatory and lays out clear methodological and procedural requirements for achieving a non-discriminatory wage structure. The unit of comparison—the "establishment" referred to in section 7(1)—is all employees of an employer in a geographic division. The statute also permits the joining together of different employers as a single establishment by agreement.7.(1) Every employer shall establish and maintain compensation practices that provide for pay equity [defined in terms of comparisons between male and female job classes] in every establishment of the employer.
The Pay Equity Act provides that a pay equity plan must be negotiated with any trade union representing employees. Where there is no trade union, there is no obligation for an employer to discuss the pay equity plan with the employees, although they are entitled to comment on the posted plan, and to raise objections with the Pay Equity Commission if they disagree with it.
The Act is enforced by a specialized Pay Equity Commission and adjudication is conducted by a specialized Pay Equity Hearings Tribunal.
Prince Edward Island
Prince Edward Island's Pay Equity Act was passed in 1988. In Prince Edward Island, the Pay Equity Act provides for the establishment of a Pay Equity Bureau and the appointment of a Commissioner of Pay Equity to provide information and assistance in the achievement of pay equity by the parties named in the statute. These agencies were also originally empowered to monitor and to process complaints following the achievement of pay equity, but these powers were eliminated in 1995, apparently in order to minimize the effect of the pay equity process on ongoing collective bargaining. The Prince Edward Island statute covers Crown corporations, universities and colleges, nursing homes, and other agencies to be identified in the regulations. To date, no such regulations have been passed.
New Brunswick
New Brunswick's Pay Equity Act was passed in 1989. New Brunswick's legislation requires that the employer negotiate with bargaining agents representing employees in the Public Service with respect to a job evaluation process and the implementation of any wage adjustments. The Pay Equity Bureau represents the employer during the implementation phase, determining the process for dealing with unrepresented employees, maintaining statistical information, providing reports to the parties and so on. The New Brunswick statute applies only to the Public Service.
Nova Scotia
Nova Scotia's Pay Equity Act was also passed in 1989. In Nova Scotia, parties to an employment relationship covered by the statute are required to bargain in good faith with respect to the achievement of pay equity. A Pay Equity Commission provides advice and assistance. The Commission may intervene to determine matters in dispute, or to direct the parties to comply with the Act, although no sanctions are spelled out in the statute for failure to comply. The legislation contemplates a single wage adjustment, and makes no provision for maintenance, though the Commission continues to monitor the agreements which have been implemented. The Nova Scotia statute covers all public-sector employers, including municipalities, health care facilities and universities
Quebec
Quebec's Pay Equity Act was passed in 1996. Like the Ontario statute, the legislation imposed a positive obligation on employers in the public and private sectors. In this case, employers with fewer than 10 employees are not covered under the statute. The statute contemplates different requirements for enterprises employing more than one hundred employees, enterprises employing between 50 and 99 employees, and enterprises with between 10 and 49 employees.
The statute uses the concept of "enterprise" which is common to Quebec's Civil Code and Labour Code, where "enterprise" is defined as configuration of activities which can be described as self-contained and functional.
The statute contemplates that, with some situational exceptions, there will be a single pay equity plan covering all employees of an enterprise.
Enterprises with between 10 and 49 employees are not required to develop a formal pay equity plan, but these employers are required to assess their compensation system and determine whether any wage adjustments are required.
The statute provides that the employer has a responsibility to ensure that the pay equity plan is maintained as well.
Policy Frameworks for Pay Equity
Saskatchewan
Saskatchewan does not have pay equity legislation. The Saskatchewan Pay Equity Coalition has been lobbying for legislation for years. The Saskatchewan Human Rights Commission has recommended that proactive and comprehensive pay equity legislation be enacted. This recommendation has not been pursued by the Government of Saskatchewan. In 1999, however, the government undertook the development of an Equal Pay for Work of Equal Value and Pay Equity Policy Framework. This project applies to the public sector, and includes Crown corporations, Treasury Board agencies, boards and commissions, the Saskatchewan Institute of Applied Science and Technology, regional colleges and the health care sector.
Newfoundland
Newfoundland does not have specific pay equity legislation. In Newfoundland, beginning in 1988, after years of lobbying from public sector unions, the government conducted pay equity negotiations with public-sector unions as part of the collective bargaining process. Agreements were reached with unions representing some groups of health care workers, employees of Newfoundland Hydro, the Public Service and library workers. Legislation in the early 1990s rendered void any retroactive wage adjustments which were included in these agreements, and this legislation survived a constitutional challenge.
British Columbia
British Columbia does not have specific pay equity legislation. In British Columbia, an approach similar to the one used in Saskatchewan was adopted in 1995 under the Public Sector Employers' Council Pay Equity Policy Framework, which contemplated the conclusion of pay equity agreements in a range of public-sector employment relationships.
Under the Human Rights Code Amendment Act, the Government of British Columbia proposed to extend a pay equity obligation to the private sector. This legislation, which bore some resemblance to section 11 of the Canadian Human Rights Act, was to be administered by the British Columbia Human Rights Commission through a complaint-based process. The current government repealed this legislation, and appointed a Task Force in 2001 to review the pay equity issue, and to make recommendations for possible legislative change.
The conclusions in the 2002 British Columbia Task Force report occasioned considerable controversy and public debate. The report's recommendations did not suggest that the government should be taking legislative action. However, they did propose that sectoral studies should be carried out to support a voluntary pay equity process. The Government of British Columbia has indicated that it is currently formulating a response to the report.
Alberta
Alberta has not enacted any pay equity legislation or developed a framework approach to achieving pay equity for the public sector. The Human Rights, Citizenship and Multiculturalism Act contains a provision requiring that the "same rate of pay" be paid for "the same or substantially similar work," a provision of the kind which is included in labour standards statutes in many provinces. This provision offers workers two avenues of recourse: lodging a complaint with the Human Rights Commission, or bringing an action for the recovery of wages in the courts.
Further information:
Provincial/Territorial Laws and Policies
British Columbia – Human Rights Code
Manitoba – The Pay Equity Act
New Brunswick – Pay Equity Act
Newfoundland and Labrador – Human Rights Code
Nova Scotia – Pay Equity Act
Ontario – Pay Equity Act
Prince Edward Island – Pay Equity Act
Quebec – Pay Equity Act
Saskatchewan – The Saskatchewan Human Rights Code
Yukon - Human Rights Act
Pay Equity Commissions/Human Rights Commissions
Alberta Human Rights & Citizenship Commission
British Columbia Human Rights Coalition
Canadian Human Rights Commission
Manitoba Human Rights Commission
New Brunswick Human Rights Commission
Newfoundland Human Rights Commission
Nova Scotia Human Rights Commission
Nova Scotia Pay Equity Commission
Ontario Human Rights Commission
Ontario Pay Equity Commission
Prince Edward Island Human Rights Commission
Quebec - Commission des droits de la personne et des droits de la jeunesse
Quebec Pay Equity Commission
Saskatchewan Human Rights Commission
Yukon Human Rights Commission
Provincial Government Departments/Agencies
British Columbia - Ministry of Community, Aboriginal and Women's Services
Manitoba Women's Advisory Council
Manitoba Women's Directorate
New Brunswick Advisory Council on the Status of Women
Newfoundland and Labrador - Advisory Council on the Status of Women
Newfoundland and Labrador - Women's Policy Office
Nova Scotia Advisory Council on the Status of Women
Ontario Women's Directorate
PEI Advisory Council on the Status of Women
Québec - Conseil du statut de la femme (French only)
Saskatchewan Women's Secretariat
Status of Women Council of the Northwest Territories
Yukon Women's Directorate
Other
British Columbia Report on Pay Equity