Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

• Marginal note:Value already determined

  (2) For greater certainty, an employer or pay equity committee, as the case may be, may determine that the value of the work performed in each of the predominantly female and predominantly male job classes determined under section 35 is the value that has already been determined by means of a method that complies with the requirements set out in sections 42 and 43 and any other requirements that are prescribed by regulation.

Marginal note:Commission established

• 26 (1) A commission is established to be known as the Canadian Human Rights Commission, in this Act referred to as the “Commission”, consisting of a Chief Commissioner, a Deputy Chief Commissioner, a member referred to as the “Pay Equity Commissioner” and not less than three or more than six other members, to be appointed by the Governor in Council.

• Marginal note:Members

  (2) The Chief Commissioner, the Deputy Chief Commissioner and the Pay Equity Commissioner are full-time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission.

• Marginal note:Required qualifications — Pay Equity Commissioner

  (2.1) The Governor in Council must take into consideration, in appointing the Pay Equity Commissioner, knowledge and experience in relation to pay equity matters.

Marginal note:Pay Equity Unit

32.1 The officers and employees of the Commission that support the Pay Equity Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under the Pay Equity Act may be referred to as the “Pay Equity Unit”.

Marginal note:Establishment of divisions

• 36 (1) Subject to section 36.1, for the purposes of the affairs of the Commission, the Chief Commissioner may establish divisions of the Commission and all or any of the powers, duties and functions of the Commission, except the making of by-laws, may, as directed by the Commission, be exercised or performed by all or any of those divisions.

Marginal note:Pay Equity Division

• 36.1 (1) On receipt of a complaint under section 40 alleging a discriminatory practice under section 11, the Chief Commissioner must establish, for the purposes of Part III, a Pay Equity Division of the Commission of which the Pay Equity Commissioner is the presiding officer.

• Marginal note:Complaints — section 11

  (2) A Pay Equity Division established under subsection (1) must exercise the powers and perform the duties and functions of the Commission under Part III with respect to the complaint in question.

Pay Equity Commissioner

Marginal note:Powers, duties and functions

38.1 In addition to being a member of the Commission, the Pay Equity Commissioner must exercise the powers and perform the duties and functions assigned to him or her by the Pay Equity Act.

Marginal note:Absence or incapacity of Pay Equity Commissioner

• 38.2 (1) In the event of the absence or incapacity of the Pay Equity Commissioner, or if the office of Pay Equity Commissioner is vacant, the Chief Commissioner may authorize any member of the Commission, other than himself or herself, to exercise the powers and perform the duties and functions of the Pay Equity Commissioner, but no member may be so authorized for a term of more than 90 days without the Governor in Council’s approval.

• Marginal note:Required qualifications — acting Pay Equity Commissioner

  (2) The Chief Commissioner must take into consideration, in appointing the acting Pay Equity Commissioner, knowledge and experience in relation to pay equity matters.

• Marginal note:Multiple allegations

  (4.1) If a complaint alleging a discriminatory practice under section 11 also includes allegations to which section 11 does not apply, the Pay Equity Division may

  • (a) exercise the powers and perform the duties and functions of the Commission under this Part with respect to the complaint as filed; or

  • (b) at any stage after the filing of the complaint, sever the complaint and refer to the Commission some or all of the allegations that do not allege a discriminatory practice under section 11.

• Marginal note:New complaint

  (4.2) If the Pay Equity Division refers allegations severed from a complaint to the Commission under paragraph (4.1)(b), the Commission is deemed to have received a new complaint for the purposes of section 40.

PART II.1Pay Equity

Marginal note:Definitions

86.1 The following definitions apply in this Part.

bargaining agent

bargaining agent has the same meaning as in section 3. (agent négociateur)

Board

Board has the same meaning as in section 3. (Commission)

employee

employee means a person employed by an employer and includes the person occupying the recognized position of Clerk of the Senate, Clerk of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of the House of Commons. (employé)

employer

employer means

• (a) the Senate as represented by any committee or person that the Senate by its rules or orders designates for the purposes of this Part;

• (b) the House of Commons as represented by any committee or person that the House of Commons by its orders designates for the purposes of this Part;

• (c) the Library of Parliament as represented by the Parliamentary Librarian acting, subject to subsection 74(1) of the Parliament of Canada Act, on behalf of both Houses of Parliament;

• (d) the office of the Senate Ethics Officer as represented by the Senate Ethics Officer;

• (e) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;

• (f) the Parliamentary Protective Service as represented by the Director of the Parliamentary Protective Service on behalf of the Speakers of the two Houses of Parliament;

• (g) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer;

• (h) a member of the House of Commons who employs one or more persons or who has the direction or control of staff employed to provide research or associated services to the caucus members of a political party represented in the House of Commons;

• (i) in the case of a person occupying the recognized position of Clerk of the Senate, Clerk of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of the House of Commons, the Senate or the House of Commons, as the case may be, as represented by the committee or person described in paragraph (a) or (b); or

• (j) any other person who is recognized as an employer in regulations made under subsection 19.5(1) of the Parliament of Canada Act or by-laws made under section 52.5 of that Act. (employeur)

Pay Equity Commissioner

Pay Equity Commissioner means the Pay Equity Commissioner appointed under subsection 26(1) of the Canadian Human Rights Act. (Commissaire à l’équité salariale)

Marginal note:Powers, privileges and immunities

86.2 For greater certainty, nothing in this Part is to be construed as limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members or as authorizing the exercise of a power or the performance of a function or duty by virtue of this Part if the exercise of that power or the performance of that function or duty would interfere, directly or indirectly, with the business of the Senate or the House of Commons.

Marginal note:Application — Pay Equity Act

• 86.3 (1) The Pay Equity Act, other than sections 125 to 127, 129, 130, 132, 134, 137 to 146 and 180, applies with respect to the employer, in the same manner and to the same extent as if the employer were an employer referred to in paragraph 3(2)(a) of that Act except that, for the purpose of that application,

  • (a) any reference in that Act to

    • (i) bargaining agent, employee or employer is to be read as a reference to that expression as defined in section 86.1 of this Act,

    • (ii) “Tribunal” is to be read as a reference to the Board as defined in section 3 of this Act, and

    • (iii) “violation” is to be read as a reference to a “contravention”;

  • (b) Part I of this Act applies, with any modifications that the circumstances require, in respect of matters brought before the Board under the Pay Equity Act to the extent necessary to give effect to that purpose; and

  • (c) matters brought before the Board under the Pay Equity Act may be heard and determined only by a member as defined in section 3 of this Act.

• Marginal note:Record keeping

  (2) Despite subsection (1), sections 90 and 91 of the Pay Equity Act apply with respect to an employer, in the same manner and to the same extent as if the employer were an employer referred to in paragraph 3(2)(e) of that Act except that, for the purpose of that application, any reference to employer in those sections is to be read as a reference to that term as defined in section 86.1 of this Act.

Marginal note:Application of regulations

• 86.4 (1) Regulations made under subsection 181(1) or section 182 of the Pay Equity Act apply with respect to an employer, in the same manner and to the same extent as if the employer were an employer referred to in paragraph 3(2)(a) of that Act, but only to the extent that the regulations apply generally to employers that are referred to in that paragraph and subject to the modifications referred to in subparagraph 86.3(1)(a)(i) of this Act.

• Marginal note:Record keeping

  (2) Regulations made for the purpose of section 90 of the Pay Equity Act apply with respect to an employer, in the same manner and to the same extent as if the employer were an employer referred to in paragraph 3(2)(e) of that Act, but only to the extent that the regulations apply generally to employers that are referred to in that paragraph and subject to the modification referred to in subsection 86.3(2) of this Act.

Marginal note:Contravention

• 86.5 (1) The Pay Equity Commissioner may issue a notice of contravention to an employer, bargaining agent or other person, and must cause them to be served with the notice, if the Pay Equity Commissioner has reasonable grounds to believe that the employer, bargaining agent or other person has contravened a provision of, or an order made under, the Pay Equity Act or its regulations that is designated by regulations made under paragraph 127(1)(a) of that Act.

• Marginal note:Clarification

  (2) For greater certainty, the notice may only be issued for the contravention of a provision of the Pay Equity Act or its regulations that applies with respect to an employer under section 86.3 or 86.4 of this Act or for the contravention of an order that is made under such a provision.

• Marginal note:Contents

  (3) The notice of contravention must

  • (a) name the employer, bargaining agent or other person that is believed to have committed the contravention;

  • (b) set out the relevant facts surrounding the contravention;

  • (c) inform the employer, bargaining agent or other person of their right to contest the facts of the alleged contravention, by way of review, and specify the time within which and the manner in which to do so; and

  • (d) inform the employer, bargaining agent or other person that, if they do not exercise their right referred to in paragraph (c) within the specified time or manner, they will be considered to have committed the contravention.

• Marginal note:Failure to act

  (4) An employer, bargaining agent or other person named in the notice that does not file a request for review within the specified time is considered to have committed the contravention.

• Marginal note:Request for review

  (5) The employer, bargaining agent or other person named in the notice may, within 30 days after the day on which the notice of contravention is served or within any longer period that the Pay Equity Commissioner allows, and in the manner specified in the notice, file a request for review of the acts or omissions that constitute the alleged contravention.

• Marginal note:Grounds for review

  (6) The request for review must state the grounds for review and set out the evidence that supports those grounds.

• Marginal note:Variation or cancellation of notice of contravention

  (7) At any time before a request for review is filed, the Pay Equity Commissioner may cancel the notice of contravention or correct an error in it.

• Marginal note:Completion of review

  (8) On completion of a review, the Pay Equity Commissioner must determine on a balance of probabilities whether the employer, bargaining agent or other person that requested the review committed the contravention.

• Marginal note:Contravention not committed — effect

  (9) If the Pay Equity Commissioner determines under subsection (8) that the employer, bargaining agent or other person did not commit the contravention, the proceedings commenced in respect of it are ended.

• Marginal note:Decision

  (10) The Pay Equity Commissioner must, on completion of the review, cause the employer, bargaining agent or other person to be served with a notice that sets out his or her decision and the reasons for it.

• Marginal note:Decision final

  (11) The decision made on completion of the review is final and is not to be questioned or reviewed in any court.

• Marginal note:Admissibility of documents

  (12) In the absence of evidence to the contrary, a document that appears to be a notice of contravention issued under subsection (1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a contravention.

• Marginal note:Service

  (13) The service of documents required or authorized under this section is governed by regulations made under paragraph 127(1)(h) of the Pay Equity Act, but only to the extent that the regulations apply generally with respect to employers that are referred to in paragraph 3(2)(a) of that Act.

Marginal note:Notification — entrance into place

• 86.6 (1) The Pay Equity Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of his or her intention to enter, under paragraph 118(3)(a) or 121(d) of the Pay Equity Act, a place that is under the authority of an employer.

• Marginal note:Other notifications

  (2) The Pay Equity Commissioner must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after he or she, under this Part

  • (a) makes or issues an order;

  • (b) begins a compliance audit or an investigation;

  • (c) is notified of a matter in dispute, an objection or a complaint;

  • (d) refers a question to the Chairperson of the Board;

  • (e) discontinues the investigation of all or any part of a matter in dispute, objection or complaint;

  • (f) dismisses all or any part of a matter in dispute, objection or complaint;

  • (g) receives a request for review;

  • (h) causes a notice to be served under subsection 86.5(10) of this Act or subsection 161(6) of the Pay Equity Act; or

  • (i) issues, varies or cancels a notice of contravention.

Marginal note:Notification

• 86.7 (1) The Board must notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after the Board receives a request for appeal under this Part.

• Marginal note:Power of Speakers

  (2) If the Speaker of the Senate or the Speaker of the House of Commons is notified that an appeal has been requested or a question has been referred to the Chairperson of the Board,

  • (a) the Board must, at the Speaker’s request, provide to the Speaker a copy of any document that is filed with the Board in the appeal or referral and that is necessary to enable the Speaker to present evidence and make representations under paragraph (b); and

  • (b) the Speaker may present evidence and make representations to the Board in the appeal or referral.

Marginal note:Transmission to Speaker

• 86.8 (1) The Pay Equity Commissioner must provide to the Speaker of the Senate or the Speaker of the House of Commons, or both

  • (a) an order that is made by the Pay Equity Commissioner under this Part, if the order is not complied with and once all appeals from that order have been finally determined or the time for appeal has expired;

  • (b) a notice of contravention for which a request for review was not filed within the specified time; or

  • (c) a decision made under subsection 86.5(8) that a contravention was committed.

• Marginal note:Order from the Board

  (2) The Board must, at the request of the Pay Equity Commissioner, provide to the Speaker of the Senate or the Speaker of the House of Commons, or both, an order or decision made by the Board under this Part if the order or decision is not complied with.

Marginal note:Tabling by Speaker

86.9 The Speaker of the Senate or the Speaker of the House of Commons, or both, must, within a reasonable time after receiving any document received under paragraph 86.8(1)(a) or subsection 86.8(2), table it in the House over which the Speaker presides.

Marginal note:Annual report — Board

86.91 The Board must, as soon as possible after the end of each year, submit a report for that year on its activities under this Part and under the Pay Equity Act, as it applies with respect to an employer, to the Minister designated as the Minister for the purposes of the Federal Public Sector Labour Relations and Employment Board Act. The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.