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Pay Equity


Pay Equity

Which legislation addresses equal pay in my jurisdiction?

The Canadian Human Rights Act and the Equal Wages Guidelines, 1986 apply to federally-regulated undertakings and the federal public service.

How does the law measure equality of pay?

The law measures equality of pay based on wages, or any form of remuneration.

How does the law compare different kinds of work?

The law compares work based on equal work of equal value and uses a composite of skill, effort, responsibility and working conditions to determine if work is equal.

What reasons does the law consider acceptable for differences in pay?

Under the Equal Wages Guidelines, 1986, different performance ratings, seniority, red circling, rehabilitation assignments, demotion, phased in wage reductions, temporary training position, internal labour shortage, salary protection for downward reclassification and regional rates of wages are considered acceptable reasons for differences in pay.

How do I make a complaint about equality of pay discrimination?

A person, or a group of persons, or the Canadian Human Rights Commission, or an inspector under the Canada Labour Code, may initiate a complaint; a Human Rights Tribunal may be appointed to decide the matter. The parties may agree on a settlement; to facilitate the reaching of a settlement, the Commission may appoint a conciliator. For enforcement purposes, a settlement between the parties approved by the Commission or an order of a Tribunal may be made an order of the Federal Court.

Are there restrictions on recovering wages if my complaint is successful?

There is no monetary limit, limitation period of one year (or such longer period as the Commission considers appropriate) prior to a complaint.

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