by Paula Määttä

III. Canada

A. The legislative provisions for equality in pay

Canada uses the concept of "pay equity" for equal pay for work of equal or comparable value.

Canada is a federal state with federal and provincial jurisdictions. All jurisdictions have some form of equal pay legislation. Labour legislation and human rights legislation is under provincial jurisdiction. About 90 per cent of the workforce is under provincial jurisdiction and 10 per cent is under federal jurisdiction. (Gunderson 1994, pp. 32-33.)

There are significant differences among the provinces. Five provinces (Manitoba (1984), Ontario (1987), Prince Edward Island (1988), Nova Scotia (1988) and New Brunswick (1989)) have proactive legislation which requires the employer to implement pay equity whether or not there has been a complaint. It sets obligations on employers to examine their pay practices and ensure that these practices comply with the legislation. For example, the purpose of the Ontario Pay Equity Act is to correct systematic discrimination in compensation for work performed by employees in predominantly female job classes. The federal jurisdiction (1978) and Québec (1976) require a complaint before implementation of equal pay is undertaken. Both of these jurisdictions, as well as the Yukon, have equal pay legislation that requires equal pay for work of equal value.

Two provinces, Newfoundland and British Columbia, apply pay equity through collective bargaining with their public employees. These two provinces, as well as Alberta, Saskatchewan, the Northwest Territories and the private sectors of Manitoba, New Brunswick, Nova Scotia and Prince Edward Island have "equal pay for similar or substantially similar work" legislation (CCH Canadian Limited 1995, pp. 415-16).

Canada ratified the Equal Remuneration Convention No. 100 in 1972.