Pay Equity Commission :: Your Rights

The Pay Equity Act covers most employees who work in Ontario, although there are some exceptions.

Employees working in Ontario who are covered

The following employees are part of the pay equity process and are covered by the Act:

all employees in Ontario's public and broader public sectors;
employees of private sector employers with 10 or more employees as of January 1, 1988 -
Companies with fewer than 10 employees on January 1, 1988 are exempt, but if they grow to 10 or more employees after that date, they must achieve pay equity immediately. Subsequently, these companies are always included, even if the number of employees decrease to under 10.;
full-time workers;
part-time workers;
seasonal workers in the same position for the same employer;
students working on a part-time basis while going to school.

Employees working in Ontario who are not covered

The Act also specifies which employees are not covered by the Act. They are:

students working only during their vacation periods;
employees of the federal government;
employees working for organizations under federal jurisdiction, such as chartered banks, airlines, post offices, television and radio stations, telecommunications, inter-provincial transportation, etc.;
private sector companies with fewer than 10 employees as of January 1, 1988, and who retain an employee count of less than 10 after that date;
some casual workers.

Unionized and non-unionized employees

In union workplaces, the bargaining agent and the employer negotiate the pay equity results for the bargaining unit members. In non-union settings, the employer is responsible for achieving pay equity, but may choose to involve employees in the process.

New employees

New employees must be paid in accordance with the pay equity adjusted rates. Where an employer has seniority or merit ranges, employees are hired at the appropriate level on the range, often at the starting rate. However, these ranges must reflect the correct pay equity job rates.

Former employees

Employees do not lose their rights to retroactively owed pay equity adjustments, even if they have left the workplace. They can make a complaint at any time.

The right to information

Employees are entitled to information about how pay equity was done, that it was achieved and is being maintained. If the employer chooses not to share information needed to help employees make these determinations, employees can contact us and ask for help.

What employees can do about pay equity

Employees can ask questions and request information that will help them determine whether pay equity was done. They can also file a complaint with the Commission if they feel that pay equity was not achieved or has not been maintained. Unionized employees can bring their concerns to their bargaining agent or to their employer.

Be informed. Learn as much as you can about pay equity and how it might affect affect your job and your workplace.

Here are some suggestions:

Call the Pay Equity Commission and ask for information (toll-free 1-800-387-8813 or 416-314-1896). All calls are confidential.
Discuss your concerns with other workers. Maybe others are concerned about the same things.
Some, but not all, employers are required to prepare and post a pay equity plan. If there is no posted plan, ask your employer for information on how pay equity was achieved and about the processes in place to maintain pay equity on a regular basis.
Ask for copies of the Commission's sample plans, which shows you what to look for in a pay equity plan.
Obtain a copy of your pay equity plan (if one was posted) and your job description, and see if the results are satisfactory to you.
Write down your questions or concerns. You may want to practice explaining your point of view with someone who will ask questions and help in your presentation.

You can ask your employer for information but it is not mandatory that you do so. If asking for information is not possible, you can still file a complaint with the Pay Equity Commission.

If your organization has employees in other provinces, those employees are covered by the employment legislation of that province.

Elsewhere on this site

Pay Equity: An Overview for Employees
HTML | PDF
Commonly Overlooked Features of Work
HTML | PDF
Guideline # 1 - Introduction to Pay Equity
HTML | PDF
Guideline # 2 - Determination of Employer and Employee
HTML | PDF
Pay Equity in Non-Union Workplaces: "Is the Law Working for You?"
HTML | PDF
Case Study - The "Space Toy Co." - Employees
Index of publications on this website