Public Sector Equitable Compensation Act (S.C. 2009, c. 2, s. 394)

Act current to 2014-12-08 and last amended on 2014-11-01. Previous Versions

PUBLIC SERVICE LABOUR RELATIONS AND EMPLOYMENT BOARD

General

The following provision is not in force.
Marginal note:Application of Public Service Labour Relations Act
  •  (1) The provisions of the Public Service Labour Relations Act apply, with any modifications that the circumstances require, in relation to any complaint or order made under this Act as though the complaint or order were a complaint or order, as the case may be, made under that Act.

  • Marginal note:Regulations

    (2) The Board may make regulations concerning the procedure in respect of the making of complaints under this Act and any other matter that is incidental or conducive to the exercise of its powers and the performance of its duties and functions under this Act.

  • 2009, c. 2, s. 394 "25";
  • 2013, c. 40, s. 443.
The following provision is not in force.
Marginal note:Power to extend period

 The Board may extend the period for filing a complaint under this Act by up to 60 days if it is satisfied that exceptional circumstances justify the extension.

The following provision is not in force.
Marginal note:Notice to employer and bargaining agent

 The Board shall send a copy of every complaint filed with it under this Act, together with all of the information accompanying it, to the employer or bargaining agent, as the case may be — or, in the case of a complaint filed under section 24, to the employer and the bargaining agent — to whom the complaint relates.

The following provision is not in force.
Marginal note:Notice to employee

 If the Board decides not to deal with a complaint filed with it under this Act, it shall send a written notice of its decision and the reasons for it to the employee who filed the complaint and to the employer or bargaining agent, as the case may be  —  or, in the case of a complaint filed under section 24, to the employer and the bargaining agent  —  to whom the complaint relates.

  • 2009, c. 2, s. 394 "28";
  • 2013, c. 40, s. 444.

Complaints Filed by Non-unionized Employees

The following provision is not in force.
Marginal note:Complaints under section 10

 The Board may, in respect of a complaint filed under section 10, dismiss the complaint or, by order, if the Board determines that the employer has failed to comply with section 5 or subsection 6(1) or (3), 7(1) or (3), 8(1) or 9(3) direct the employer to comply with that provision within the period specified by the Board in the order.

The following provision is not in force.
Marginal note:Complaints under section 11
  •  (1) The Board may, in respect of a complaint filed under section 11, dismiss the complaint or, by order, require the employer to file with the Board, within the period specified by it in the order, a report that sets out the following, in respect of the female predominant job class of which the complainant is, according to the Board, a member:

    • (a) how the employer has, since the making of the order, conducted an equitable compensation assessment in respect of the job class; and

    • (b) if the equitable compensation assessment identified an equitable compensation matter in respect of the job class, the employer’s plan to resolve that matter within a reasonable period.

  • Marginal note:Power if employer has committed manifestly unreasonable error

    (2) If, after receiving a report required by an order made under subsection (1), the Board is of the opinion that the employer has committed an error that is manifestly unreasonable in conducting an equitable compensation assessment or that the employer’s plan fails to make reasonable progress toward resolving an equitable compensation matter, the Board may, by order, require the employer to

    • (a) take measures to correct the error or to alter the plan in such a way that it makes reasonable progress toward resolving the equitable compensation matter; and

    • (b) file a report with the Board, within the period specified by it in the order, describing the measures that the employer has taken.

  • Marginal note:Power to determine equitable compensation matter

    (3) If, after receiving a report required by an order made under subsection (2), the Board is of the opinion that the employer has committed an error that is manifestly unreasonable in the fulfilment of its obligations to take the measures referred to in paragraph (2)(a), the Board shall determine, by having regard to the equitable compensation assessment conducted by the employer or by itself conducting an equitable compensation assessment in respect of the female predominant job class of which the complainant is, according to the Board, a member, if any equitable compensation matters exist in respect of the job class and, if it determines that there are, the Board may, by order, require the employer to

    • (a) pay the complainant a lump sum as compensation with respect to the matter in relation to the period that begins on the day specified by the Board, which day may not be earlier than the day determined under subsection (4), and that ends on the day on which the order is made; and

    • (b) pay equitable compensation to the employees in the job class in relation to the period that begins on the day on which the order is made and that ends on the day on which the employer next complies with section 6 or 7 in respect of the job group that includes that job class.

  • Marginal note:Determination of day

    (4) For the purposes of subsection (3), the day is the day on which the complainant made a request under subsection 9(1).

  • Marginal note:Failure to file report

    (5) If the employer fails to file a report required by an order made under subsection (1) or (2), the Board may, by order, grant another period of time to file the report or, if the Board considers that there are exceptional circumstances to justify doing so, declare that the employer has committed a manifestly unreasonable error described in subsection (3). If the Board makes that declaration, subsection (3) applies.

  • Marginal note:Report to be made available

    (6) The Board shall make every report received as a result of an order made under this section available to the public.

  • Marginal note:Power to require posting of order

    (7) The Board may, in an order made under this section, require the employer to post a copy of it, for at least 90 days, in the prescribed manner.