Overview of Existing Laws

  

 

PROVINCES

 

TITLE

 

YEAR

 

SCOPE

 

OTHER

 

 

 

 

NEW BRUNSWICK

 

 

 

Pay Equity Act, 2009

 

 

 

2009

Applies to parts 1, 2, 3 and 4 of the public sector: i.e. government departments, health, education and Crown corporations. The Act will come into force in April 2010.

The provincial government announced that five groups from the private sector will receive pay equity adjustments beginning in 2010-2011: child-care workers; home support workers; nursing home workers; and transition home workers; and community residence workers.

 

BRITISH COLUMBIA

Public Sector Employer’s Council Pay equity Policy Framework

 

1995

 

Pay equity agreements in the public sector.

 

 

ALBERTA

 

No specific pay equity legislation.

 

 

 

 

 

 

SASKATCHEWAN

 

 

 

Equal Pay for Work of Equal Value and Pay Equity Policy Framework

 

 

 

1999

Public sector. Includes Crown corporations, Treasury Board agencies, boards and commissions, the Saskatchewan Institute of Applied Science and Technology, regional colleges and the health care sector.

Joint committees were set up for each employer, and were given 24-month period to negotiate a pay equity plan. A compensation review committee was created to review the plans and oversee their implementation.

 

MANITOBA

 

 

Pay Equity Act

 

1986

 

Public sector.

 

First jurisdiction to enact proactive pay equity law.

 

ONTARIO

 

Pay Equity Act

 

1987

Public and private sectors. Positive obligation on all employers with more than 10 employees.

 

Requirement for all employers to establish and maintain pay equity.

 

QUÉBEC

 

Pay Equity Act

 

1996

Public and private sectors. Positive obligation on all employers with more than 10 employees.

 

Requirement for all employers to establish and maintain pay equity.

 

 

NOVA SCOTIA

 

 

Pay Equity Act

 

 

1989

 

 

Public sector. Including municipalities, health care facilities and universities.

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.

 

 

PRINCE EDWARD ISLAND

 

 

Pay Equity Act

 

 

1988

Public sector. Including Crown corporations, universities and colleges, nursing homes, and other agencies to be identified in the regulations.

 

 

NEWFOUNDLAND

 

No specific pay equity legislation.

 

 

 

 

YUKON

 

 

Human Rights Act

 

1987

 

Public sector.

 

 

THE NORTHWEST TERRITORIES

 

Fair Practices Act

 

1988

 

Complaint-Based Legislation.

The law compares similar or substantially similar work if jobs, duties or services are similar or substantially similar.

 

NUNAVUT

 

Canadian Human Rights Act

 

1977

 

Complaint-Based Legislation. (Federal Jurisdiction)

The basic objective of pay equity is stated in section 11(1) of the Canadian Human Rights Act.

 

 

CANADA

 

 

Canadian Human Rights Act

 

 

1977

 

 

Complaint-Based Legislation.

Section 11 applies to all federal jurisdiction employers regardless of size. Skill, effort, responsibility and working conditions form the basis for comparing work.

 

CANADA

 

Public Sector Equitable Compensation Act

 

2009

 

Public Sector.

The Act relegates pay equity to collective negotiations and market and eliminates the possibility of employees going to the tribunal. It goes against the recommendations made by the Pay Equity Task Force (2004), which considered that the employers should be responsible for pay equity.

 

CANADA

 

Pay Equity Act

 

2018

 

Applies to the federal public service, parliamentary workplaces, and federally regulated sectors with at least 10 employees such as banks, telecommunication and interprovincial transportation

Employers will have to establish a pay equity plan within three years of the legislation coming into force. A Pay Equity Commissioner will be appointed to the Canadian Human Rights Commission to educate employers and enforce the Act.
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