Pay Equity Regulations (SOR/2021-161)

Marginal note:No predominantly male job classes

• 41.1 (1) For the purposes of subsection 78(1) of the Act, the rules, criteria and factors set out in sections 41 to 50 of the Act, as adapted by sections 20 to 29, must be used by the employer or pay equity committee referred to in subsection 38.1(1), with the following modifications:

  • (a) the reference to “subsection 19(1)” in subsection 20(1), paragraph 22(b), section 26, subparagraphs 28(a)(i) to (iii) and (b)(i) and (ii) and paragraphs 29(1)(a) and (c) is to be read as a reference to “subsection 38.1(1)”;

  • (b) the reference to “paragraph 19(1)(a)” in subsections 23(2) and (5) is to be read as a reference to “paragraph 38.1(1)(a)”;

  • (c) the reference to “paragraph 19(1)(b)” in subsections 23(3) and (6) is to be be read as a reference to “paragraph 38.1(1)(b)”; and

  • (d) the reference to “the individual predominantly female job class within the group that has the greatest number of employees” in subsections 20(3) and 23(4) is to be read, with respect to a period referred to in subsection 41(1) or (2), as the individual predominantly female job class within the group that has the greatest number of employees on the day with respect to which the workplace information that is used, for that period was collected under section 39 if, when the employer or pay equity committee, as the case may be, is using that information, it treats the group of job classes as a predominantly female job class in accordance with section 38 of the Act.

• Marginal note:Factor referred to in paragraph 28(d)

  (2) Despite subsection 11(2), in the calculation of the factor referred to in paragraph 28(d), for the purposes of updating a pay equity plan, references in subsection 11(1) to a predominantly male job class are to be read as references to a predominantly male job class chosen or created, as the case may be, under subsection 38.1(1).

• Marginal note:Factor referred to in paragraph 29(1)(c)

  (3) Despite subsection 12(2), in the calculation of the factor referred to in paragraph 29(1)(c), for the purposes of updating a pay equity plan, a reference in subsection 12(1) to a predominantly male job class is to be read as a reference to a predominantly male job class chosen or created, as the case may be, under subsection 38.1(1).