Acts and Regulations

E-7.2 - Employment Standards Act

Section 37.1
Disposition versions

Full text
Equal pay for equal work
37.1(1)No employer shall pay an employee of one sex at a different rate of pay from that which the employer pays to an employee of the 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, and
(d) is performed under similar working conditions
except where the payment is made pursuant to
(e) a seniority system,
(f) a merit system,
(g) a system that measures earnings by quantity or quality of production, or
(h) any other system or practice that is not otherwise unlawful.
37.1(2)No employer shall reduce the rate of pay of an employee in order to comply with subsection (1).
37.1(3)No person shall attempt to influence an employer to violate subsection (1).
37.1(4)If an employer’s violation of this section results in an employee receiving a lower amount of pay than the employee would have received if the employer had not committed the violation, the Director may make any order that the Director considers appropriate and just in the circumstances, including an order that the employer compensate the employee for the loss in pay.
1986, c.32, s.4; 2022, c.33, s.15
Equal pay for equal work
37.1(1)No employer shall pay an employee of one sex at a different rate of pay from that which he pays to an employee of the 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, and
(d) is performed under similar working conditions
except where the payment is made pursuant to
(e) a seniority system,
(f) a merit system,
(g) a system that measures earnings by quantity or quality of production, or
(h) any other system or practice that is not otherwise unlawful.
37.1(2)No employer shall reduce the rate of pay of an employee in order to comply with subsection (1).
37.1(3)No person shall attempt to influence an employer to violate subsection (1).
37.1(4)Where an employer’s violation of this section results in an employee receiving a lower amount of pay than he would have received if the employer had not committed the violation, the Director may make any order that he considers appropriate and just in the circumstances, including an order that the employer compensate the employee for the loss in pay.
1986, c.32, s.4