We all know that it’s illegal discrimination to pay women less than men (and vice-versa) for the same work because of their sex. But there’s a big difference between refraining from discrimination and achieving pay equity. The latter requires employers to adopt proactive and systematic measures to identify and eliminate sex-based pay gaps. Canadian jurisdictions fall into different places along this nondiscrimination to pay equity continuum:

• All provinces and territories have human rights laws banning employment discrimination, including basing pay on sex, race, religion, age, and other characteristics.
• Seven provinces and territories—Manitoba, New Brunswick, Nova Scotia, Ontario, Québec, Saskatchewan, and Yukon—have also incorporated parallel nondiscrimination/equal pay requirements into their employment standards laws.
• Three provinces—British Columbia, New Brunswick, and Newfoundland/Labrador—have moved beyond nondiscrimination to a middle stage known as pay transparency that requires employers to collect and annually report compensation data that may reveal pay gaps, such as how much they pay employees in “male” and “female job classes”.
• Next come the five provinces—Manitoba, New Brunswick, Newfoundland/Labrador, Nova Scotia, and Prince Edward Island—that have enacted limited pay equity laws that apply only to public-sector employers.
• Farthest along the continuum are Ontario, Québec, and the Federal jurisdictions where both public- and private-sector employers are required to adopt systematic plans to identify and eliminate wage gaps and achieve and maintain equity in pay.

Here’s a summary of the current equality of pay requirements in each part of the country.

FEDERAL

Human Rights: It’s discrimination for employers to establish or maintain differences in wages between male and female employees employed in same establishment who are performing work of equal value (Canadian Human Rights Act, Sec. 11).

Employment Standards: No separate equal pay protections in Canada Labour Code.

Pay Equity: Public and private-sector federally regulated employers with 10 or more employees must establish pay equity committees to implement pay equity plans to identify and eliminate wage gaps between predominantly male and predominantly female job classes, update the plans at least every five years, and take other proactive measures to ensure equal pay for work of equal value between men and women (Pay Equity Act).

Pay Transparency Reporting: Federally regulated private-sector employers with 100 or more employees, Crown Corporations with 100 or more employees, and organizations with 100 or more employees must submit annual employment equity reports providing pay and other information about their workforce as a whole and with regard to four designated groups—women, Indigenous peoples, persons with disabilities, and members of visible minorities—to the Ministry of Labour by June 1 each year (Employment Equity Act).

ALBERTA

Human Rights: Employers must pay employees of both sexes who perform same or substantially similar work for the employer in an establishment the same rate of pay (Alberta Human Rights Act, Sec. 6).

Employment Standards: No separate equal pay protections in Employment Standards Code.

Pay Equity: No separate pay equity laws.

Pay Transparency Reporting: No laws requiring private-sector employers to submit or post pay, salary, or wage information.

BRITISH COLUMBIA

Human Rights: Employer may not employ employee of one sex at pay rate that’s less than the pay rate of pay at which an employee of the other sex is employed by that employer for similar or substantially similar work (Human Rights Code, Sec. 12).

Employment Standards: No separate equal pay protections in Employment Standards Act.

Pay Equity: No separate pay equity laws.

Pay Transparency Reporting: “Reporting employers” must collect voluntary employee gender data (men, women, non-binary, and unknown) and publish by November 1 of each year an annual pay transparency report listing mean and median pay, overtime, and bonus gaps, along with quartile wage distributions (Pay Transparency Act).

MANITOBA

Human Rights: Ban on discrimination based on sex (and other protected characteristics) applies to any aspect of employment including pay, salary, and wages (Human Rights Code, Sec. 14(2)).

Employment Standards: Employer may not discriminate between male and female employees by paying one sex on a different scale of wages than applies to the other sex if the kind or quality of work and the amount of work required of, and done by, the employees is the same or substantially the same (Employment Standards Code, Sec. 82(1)).

Pay Equity: Public-sector employers must ensure there’s no difference between wages of male and female employees performing work “of equal or comparable value”; Act doesn’t apply to private-sector employers (Pay Equity Act).

Pay Transparency Reporting: No laws requiring private-sector employers to submit or post pay, salary, or wage information.

NEW BRUNSWICK

Human Rights: Ban on discrimination based on sex (and other protected characteristics) applies to any aspect of employment including pay, salary, and wages (Human Rights Act, Sec. 4(1)(b)).

Employment Standards: Employer may not pay employee of one sex a different rate of pay from that paid to an employee of other sex for work that:

(a) is performed in the same establishment

(b) is substantially the same in nature

(c) requires substantially the same skill, effort and responsibility

(d) is performed under similar working conditions (Employment Standards Act, Sec. 37.1)

Pay Equity: Public Service employers with 10 or more employees must take affirmative steps to achieve and maintain pay equity as between men and women; Act doesn’t apply to private-sector employers (Pay Equity Act).

Pay Transparency Reporting (passed in June 2026 but not yet in effect): Private-sector employers with 50 or more employees will be required to prepare an annual pay transparency report, post it on their website (or otherwise make it available to employees and the public if no website exists), and file it with the provincial government, to take effect on a date based on the employer’s size:

• A private-sector employer with 100+ employees will be required to file its first pay transparency report by March 31, 2029;
• A private-sector employer with 50+ employees will be required to file its first report by March 31, 2030 (Pay Transparency Act).

NEWFOUNDLAND & LABRADOR

Human Rights: Employer, or person acting on employer’s behalf, may not establish or maintain differences in wages between employees employed in same establishment who are performing, under the same or similar working conditions, same or similar work on jobs requiring same or similar skill, effort and responsibility on basis of sex or any other prohibited ground of discrimination (Human Rights Act, Sec. 16).

Employment Standards: No separate equal pay protections in Labour Standards Act.

Pay Equity: Public-sector employers with 10 or more employees must establish and maintain pay equity and submit annual pay equity reports (Pay Equity & Pay Transparency Act, Sec. 7).

Pay Transparency Reporting (passed but not yet in effect): Public-sector and certain private-sector employers listed in the regulations will be required to prepare will be required to prepare an annual pay transparency report, post it on their website (or otherwise make it available to employees and the public if no website exists), and file it with the provincial government (Pay Equity & Pay Transparency Act, Sec. 13).

NOVA SCOTIA

Human Rights: General ban on employment discrimination based on sex (and other protected characteristics) applies to any aspect of employment including pay, salary, and wages (Human Rights Act, Sec. 5).

Employment Standards: No employer or any person acting on its behalf may pay a female employee a rate of wages less than rate of wages paid to a male employee (or vice versa), for substantially same work performed in same establishment, the performance of which requires substantially equal skill, effort and responsibility, and which is performed under similar working conditions—rule also applies to other protected characteristics such as race, religion, age, etc. (Labour Standards Code, Sec. 57).

Pay Equity: Statute requires public-sector employers and employees to bargain in good faith with respect to achievement of pay equity and also requires employers to submit pay equity report but provides no penalties for violations and doesn’t apply to the private sector (Pay Equity Act).

Pay Transparency Reporting: No laws requiring private-sector employers to submit or post pay, salary, or wage information.

ONTARIO

Human Rights: General requirement that employers provide employees equal treatment regardless of sex and other protected characteristics applies to all aspects of employment including pay, salary, and wages (Human Rights Code, Sec. 5(1)).

Employment Standards:

Employer may not pay employee of one sex a rate of pay less than rate paid to employee of other sex when:

• They perform substantially same kind of work in same establishment,
• Their performance requires substantially same skill, effort, and responsibility; and
• Their work is performed under similar working conditions (Employment Standards Act (ESA), Sec. 42);

Employer may not pay employee at a rate of pay less than rate paid to another of its employees because of a difference in employment status when (i), (ii), and (iii) above apply (ESA, Sec. 42.1); and

Temporary help agency may not pay assignment employee assigned to perform work for a client a rate of pay less than rate paid to an employee of the client when (i), (ii), and (iii) above apply (ESA, Sec. 42.2).

Pay Equity: Public- and private-sector employers with 10 or more employees must implement pay equity plans and take other proactive measures to identify and eliminate pay gaps and ensure equal pay between men and women based on numbers of employees (Pay Equity Act).

Pay Transparency Reporting: No laws requiring private-sector employers to submit or post pay, salary, or wage information.

PRINCE EDWARD ISLAND

Human Rights: No employer or person acting on its behalf may pay one employee at rate of pay less than rate of pay paid to another employee for substantially same work, the performance of which requires equal education, skill, experience, effort, and responsibility and which is performed under similar working conditions—protection applies not just to sex but all protected characteristics (Human Rights Act, Sec. 7).

Employment Standards: No separate equal pay protections in Employment Standards Act.

Pay Equity: Statute requiring public-sector employers to take steps “to achieve pay equity by redressing systemic gender discrimination in wages paid for work performed by employees in female-dominated classes in the public sector” is only partially in effect and doesn’t apply to private-sector employers (Pay Equity Act).

Pay Transparency Reporting: No laws requiring private-sector employers to submit or post pay, salary, or wage information.

QUÉBEC

Human Rights: Charter provides for general right of every person to fair and reasonable employment conditions but doesn’t specifically address wages.

Employment Standards:

• Employers may not remunerate employee at a lower rate of wage than other employees performing the same tasks in the same establishment solely because of their employment status, and in particular because the employee usually works fewer hours each week (Labour Standards Act (LSA), Sec. 41.1).
• Personnel placement agencies may not remunerate employees at a lower rate of wage than the employees of the client enterprise who perform the same tasks in the same establishment solely because of the employees’ employment status, and in particular because the employee is remunerated by such an agency or usually works fewer hours each week (LSA, Sec. 41.2).

Pay Equity: Public- and private-sector employers with 10 or more employees must implement pay equity plans and take other proactive measures to ensure equal pay between men and women based on numbers of employees (Pay Equity Act).

Pay Transparency Reporting: No laws requiring private-sector employers to submit or post pay, salary, or wage information.

SASKATCHEWAN

Human Rights: General ban on employment discrimination based on sex (and other protected characteristics) applies to any aspect of employment including pay, salary, and wages (Sask Human Rights Code, Sec. 16).

Employment Standards:

Employers may not pay employee of one sex at rate of less than the rate paid to an employee of another sex if:

• They’re employed by the employer for similar work performed in the same workplace under similar working conditions; and
• The performance of the work requires similar skill, effort, and responsibility;
• Employers may not pay employees a different rate of pay on basis of any prohibited ground in the Sask Human Rights Code unless the Code allows for such a differential ( Employment Act, Sec. 2-21).

Pay Equity: No separate pay equity laws.

Pay Transparency Reporting: No laws requiring private-sector employers to submit or post pay, salary, or wage information.

NORTHWEST TERRITORIES

Human Rights: It’s discrimination to pay employees employed in the same establishment who perform same or substantially similar work at rate of pay less than rate paid to other such employees on basis of sex or other personal characteristic protected from discrimination (Human Rights Act, Sec. 9).

Employment Standards: No separate equal pay protections in Employment Standards Act.

Pay Equity: No separate pay equity laws.

Pay Transparency Reporting: No laws requiring private-sector employers to submit or post pay, salary, or wage information.

NUNAVUT

Human Rights: It’s discrimination to pay employees employed in the same establishment who perform same or substantially similar work at rate of pay less than rate paid to other such employees on basis of sex or other personal characteristic protected from discrimination (Human Rights Act, Sec. 9).

Employment Standards: No separate equal pay protections in Labour Standards Act.

Pay Equity: No separate pay equity laws.

Pay Transparency Reporting: No laws requiring private-sector employers to submit or post pay, salary, or wage information.

YUKON

Human Rights:

• General ban on discrimination based on sex (or any other protected characteristic) applies to all aspects of employment, including pay, salary, and wages (Human Rights Act, Sec. 9(b)).
• Public-sector employers may not establish or maintain a difference in wages between employees who are performing work of equal value, if the difference is based on sex or any other protected characteristic (Human Rights Act, Sec. 15(1)).

Employment Standards: No employer or person acting on its behalf may pay a female employee at a rate of pay less than that paid to a male employee (or vice versa) employed by the employer for similar work performed in the same establishment under similar working conditions and where the performance requires similar skill, effort, and responsibility (Employment Standards Act, Sec. 44).

Pay Equity: No separate pay equity laws.

Pay Transparency Reporting: No laws requiring private-sector employers to submit or post pay, salary, or wage information.