Advanced Search

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).

[...]

Marginal note:Compensation plan — job classes chosen

(2) If the employer or pay equity committee, as the case may be, uses predominantly male job classes chosen under paragraph 19(1)(a), it must make any adaptations necessary in the calculation of any form of compensation other than salary so that the compensation associated with those predominantly male job classes is in accordance with the compensation plan that applies to the employees of the employer.

Marginal note:Compensation — job classes created

(3) If the employer or pay equity committee, as the case may be, uses predominantly male job classes created under paragraph 19(1)(b), it must calculate the compensation for full-time work, expressed in dollars per hour, associated with each of those job classes

• (a) taking into account

  • [...]

  • (ii) salaries that are generally accepted as current for positions that have duties and responsibilities similar to those set out in Schedule 1 for the typical job class on which the job class that was created is based, that require experience, education and training similar to those set out in Schedule 1 for that typical job class and that are under employers that, to the extent possible, have similar numbers of employees as the employer and are in the same industry and geographic area as the employer or a geographic area where the cost of living is similar;

• (b) ensuring that the hourly rate of pay for the job class is not less than

  • (i) in the case of a job class that was created based on the maintenance worker typical job class described in item 1 of Schedule 1, a wage at the minimum hourly rate referred to in section 178 of the Canada Labour Code, without taking into account subsections 178(4) and (5) of that Act, as if the employees in positions in that job class are usually employed in the province in which the employer’s employees are usually employed or, if the employer’s employees are usually employed in more than one province, as if the employees are employed in the province with the highest minimum hourly rate, amongst the provinces in which the employees are usually employed, referred to in subsection 178(2) of that Act,

Marginal note:Group of job classes

(4) If an employer or a pay equity committee, as the case may be, treats a group of job classes as a predominantly female job class in accordance with section 38 of the Act, the compensation associated with that job class is considered to be the compensation associated with the individual predominantly female job class within the group that has the greatest number of employees.

Marginal note:Salary — job classes chosen

(5) If an employer or pay equity committee, as the case may be, uses predominantly male job classes chosen under paragraph 19(1)(a),

[...]

Marginal note:Salary — job classes created

(6) If an employer or pay equity committee, as the case may be, uses predominantly male job classes created under paragraph 19(1)(b), for the purposes of determining salary in the calculation of the compensation associated with a predominantly female job class, the salary at the highest rate in the range of salary rates for positions in the job class is to be used.

39 (1) For the purpose of identifying any differences in compensation under subsection 78(1) of the Act, an employer — or, if a pay equity committee has been established, that committee — must collect the following information:

• (a) in the case of an employer referred to in any of paragraphs 3(2)(a) to (d) of the Act, for each March 31 during the period beginning on the day after the day on which the most recent pay equity plan was posted and ending on the day before the day on which the revised pay equity plan is posted under section 80 or 81 of the Act, information that represents its workplace as it was on that March 31 and that is necessary to identify changes — other than changes excluded in accordance with section 40 — that are likely to have had an impact on pay equity since the day on which the most recent pay equity plan was posted or the previous March 31 with respect to which information must be collected under this subsection, if that day is more recent; and

• (b) in the case of an employer referred to in any of paragraphs 3(2)(e) to (i) of the Act, for each day on which the employer’s fiscal year ends during the period beginning on the day after the day on which the most recent pay equity plan was posted and ending on the day before the day on which the revised pay equity plan is posted under section 80 or 81 of the Act, information that represents its workplace as it was on the day on which the employer’s fiscal year ends and that is necessary to identify changes — other than changes excluded in accordance with section 40 — that are likely to have had an impact on pay equity since the day on which the most recent pay equity plan was posted or the previous day with respect to which information must be collected under this subsection, if that day is more recent.

Marginal note:Other workplace information

(1.1) If, for the purposes of updating a pay equity plan, an employer or pay equity committee referred to in subsection 38.1(1), as the case may be, is using job classes from another employer chosen under paragraph 38.1(1)(a), it must also collect the following information:

• (a) in the case of an employer referred to in any of paragraphs 3(2)(a) to (d) of the Act, for each March 31 during the period beginning on the day after the day on which the most recent pay equity plan was posted and ending on the day before the day on which the revised pay equity plan is posted under section 80 or 81 of the Act, the information that represents the other employer’s workplace as it was on that March 31 and that is necessary to identify changes — other than changes excluded in accordance with section 40 — that are likely to have had an impact on pay equity since the day on which the most recent pay equity plan was posted or the previous March 31 with respect to which information must be collected under this subsection, if that day is more recent; and

• (b) in the case of an employer referred to in any of paragraphs 3(2)(e) to (i) of the Act, for each day on which the employer’s fiscal year ends during the period beginning on the day after the day on which the most recent pay equity plan was posted and ending on the day before the day on which the revised pay equity plan is posted under section 80 or 81 of the Act, the information that represents the other employer’s workplace as it was on that day and that is necessary to identify changes — other than changes excluded in accordance with section 40 — that are likely to have had an impact on pay equity since the day on which the most recent pay equity plan was posted or the previous day with respect to which information must be collected under this subsection, if that day is more recent.

Marginal note:Other last day

(2) However, the last day with respect to which information must be collected before the posting of the final version of the revised pay equity plan in accordance with section 83 or paragraph 85(2)(b) of the Act may be a day selected by the employer or the pay equity committee, as the case may be, if the day that is selected is not more than one year before that version is posted and is before the day on which the revised pay equity plan must be posted under section 80 or 81 of the Act.

[...]

Marginal note:Exception

(1.1) Despite subsection (1), for the purposes of identifying any differences in compensation under subsection 78(1) of the Act, an employer or pay equity committee, as the case may be, referred to in subsection 38.1(1) of the Regulations, must calculate compensation associated with predominantly male job classes in accordance with the rules set out in sections 23 to 25 for each period for which the workplace information that has been collected must be used under section 41, except that 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)” and the reference to “paragraph 19(1)(b)” in subsections 23(3) and (6) is to be read as a reference to “paragraph 38.1(1)(b)”.

Marginal note:Phase-in of increases

(2) If an increase in compensation associated with a predominantly female job class is being phased in under subsection 61(2), 62(4) or 63(2) of the Act, then for the purposes of subsection 78(1) of the Act, the employer or pay equity committee, as the case may be, must calculate the compensation associated with the job class for each period set out in subsection 41(1) or (2) as if the increase had been made without being phased in.