According to the National Association of Women and the Law, Canadian women earn some 30% less than their male counterparts, regardless of age, field or education. While the Canadian Human Rights Act ratified in 1977 imposes pay equity, the different provinces are not all at the same level.
Manitoba was the first province to adopt pay equity measures, with a law enacted in 1986. Its scope is limited to the public sector, however, and private sector employees must continue to refer to the Manitoba Employment Standards Code and Human Rights Code.
Nova Scotia also focused on the public sector starting in 1989, but no measures to maintain pay equity were implemented. Employers are therefore not required to review salaries on a regular basis.
It was only in 1995 that British Columbia tackled the issue. The Public Sector Employer’s Council and the Pay Equity Policy Framework mark agreements that guarantee pay equity, once again in the public sector.
With Equal Pay for Work of Equal Value and the Pay Equity Policy Framework, Saskatchewan has been focusing on the public sector since 1999. Measures apply to Crown corporations, the Treasury Board, health care, regional colleges and the Saskatchewan Institute of Applied Science and Technology. Joint committees were set up for each of these organizations, and they were given two years to negotiate pay equity. A review committee supervises the implementation of these programs.
Prince Edward Island and New Brunswick: specific measures
Prince Edward Island followed in 1988 with the Pay Equity Act, which ensures pay equity only in certain types of organizations, such as nursing homes and Crown corporations.
More recently, New Brunswick passed a law in 2009 that became effective in April 2010. It applies to provincial government departments, education and health, and Crown corporations. The government also announced that several groups in the private sector would be entitled to an adjustment this year including daycare, home support, nursing home, halfway house and community residence employees.
Quebec and Ontario: Private sector included
Ontario put the private and public sectors on an equal footing starting in 1989, although the legislation only applies to companies with more than 10 employees. Measures were also implemented to maintain pay equity over time. Quebec followed in Ontario’s footsteps in 1996.
Lagging behind
At the current time, only two provinces—Newfoundland and Labrador and Alberta—have not yet adopted a specific law.
Progress remains to be made
Despite these various efforts, pay equity is not yet established throughout Canada, a situation that the National Association of Women and the Law explains by the fact that most of these measures are not proactive—actions cannot be undertaken unless a complaint is filed.