# I work part-time for a federally regulated employer in Canada doing substantially the same work as full-time colleagues in the same workplace, but I a?

- Jurisdiction: Canada
- Practice area: Labor Standards
- Published: 2026-10-26
- Last updated: 2026-10-26
- Canonical: https://lawasked.com/ca/labor-standards/i-work-part-time-federally-regulated-employer-canada

## Question

I work part-time for a federally regulated employer in Canada doing substantially the same work as full-time colleagues in the same workplace, but I am paid a lower hourly rate. I understand new equal treatment wage provisions in the Canada Labour Code took effect on 20 October 2026. When is a pay difference based only on part-time or temporary status unlawful, and what exceptions, such as seniority or merit systems, can an employer rely on?

## Summary

It depends on why your pay is lower. Under the Canada Labour Code, paying you less for substantially the same work is prohibited unless the difference is based on specific systems like seniority or merit.

## Analysis

Under the Canada Labour Code, your employer is prohibited from paying you a lower rate of wages if you meet certain criteria compared to your colleagues. Specifically, an employer is "prohibited from paying an employee a rate of wages that is less than the rate the client pays to its employee" if you work in the same establishment, perform "substantially the same kind of work," and your work requires "substantially the same skill, effort and responsibility" [1]. This means if your tasks, the difficulty, and the responsibilities are nearly identical to your full-time coworkers, you should generally receive the same hourly rate.

However, there are legal exceptions to this rule. The law states that this prohibition "does not apply if the difference in employees’ rates of wages is due to a system based on" specific factors [1]. These allowed exceptions include:

*   Seniority (how long you have worked for the company)
*   Merit (your individual performance or skill level)
*   The quantity or quality of your production (how much or how well you produce)
*   Any other criteria that might be set by future government regulations

In your situation, if your lower pay is strictly because you are part-time or temporary, and not because of your seniority, your performance, or your output, it may be unlawful. However, the law provided does not explicitly state whether 'part-time status' itself is a valid exception; it only lists seniority, merit, and production. Therefore, if your employer cannot point to one of those specific systems to justify the gap, they may be in violation of the equal treatment provisions [1].

Note that state, provincial, or local laws may add further rules regarding employment standards, so you should check your specific province's regulations as well.

## Statutory citations

- Canada Labour Code, R.S.C., 1985, c. L-2, s. 203.2 - Equal treatment [in force] (https://laws-lois.justice.gc.ca/eng/acts/L-2/index.html#s-203.2)
  > An employer is prohibited from paying an employee a rate of wages that is less than the rate the client pays to its employee if (a) they work in the same industrial establishment; (b) they perform substantially the same kind of work; (c) the performance of that work requires substantially the same skill, effort and responsibility; (d) their work is performed under similar working conditions
- Canada Labour Code, R.S.C., 1985, c. L-2, s. 203.2 - Equal treatment [in force] (https://laws-lois.justice.gc.ca/eng/acts/L-2/index.html#s-203.2)
  > Subsection (1) does not apply if the difference in employees’ rates of wages is due to a system based on: (a) seniority; (b) merit; (c) the quantity or quality of each employee’s production; or (d) any other criterion that may be prescribed by regulation.

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