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

Marginal note:Implementation of plan

• 8 (1) An employer that has non-unionized employees and that provides a report under paragraph 7(1)(b) or as a result of an order made under this Act — or under a response given under subsection 7(3) or 9(3) — that contains a plan shall implement the plan in accordance with its terms.

• Marginal note:When obligation ceases

  (2) Subsection (1) ceases to apply in respect of a plan if the employer subsequently provides another plan under this Act that deals with the same job group or job class, as the case may be.

Marginal note:Request concerning equitable compensation — job class

• 9 (1) A non-unionized employee of an employer may, in the prescribed manner, within the prescribed period, request that the employer take appropriate steps to provide him or her with equitable compensation within a reasonable time if the employee has reasonable grounds to believe

  • (a) that he or she is a member of a female predominant job class; and

  • (b) that an equitable compensation assessment conducted in respect of that job class would lead to the identification of an equitable compensation matter.

• Marginal note:Information that must be provided

  (2) The employee who makes the request shall, in the prescribed manner, provide the employer with a statement that

  • (a) describes the female predominant job class of which the employee alleges he or she is a member; and

  • (b) sets out the reasonable grounds that the employee has to believe the matters referred to in paragraphs (1)(a) and (b).

• Marginal note:Response

  (3) Within the prescribed period after the day on which the request is made, the employer shall consider the matters raised in it and respond to the employee in writing. The employer shall indicate in the response whether it intends to take any measure as a result of the request and

  • (a) if so, the period during which that measure is to be implemented; or

  • (b) if not, the reasons for not doing so.

Marginal note:Failure to comply

10 A non-unionized employee may, in a form acceptable to the Board, file a complaint with the Board if the employee is of the opinion that his or her employer has failed to comply with section 5 or subsection 6(1) or (3), 7(1) or (3), 8(1) or 9(3).

Marginal note:Dissatisfaction with employer’s response

• 11 (1) A non-unionized employee who is provided with a response under subsection 9(3) may, in a form acceptable to the Board, within the prescribed period after the response is provided, file a complaint with the Board if

  • (a) the employee is dissatisfied with any matter in the response; and

  • (b) the employee has reasonable grounds to believe

    • (i) that he or she is a member of a female predominant job class, and

    • (ii) that an equitable compensation assessment conducted in respect of that job class would lead to the identification of an equitable compensation matter.

• Marginal note:Information that must be provided

  (2) The complaint must

  • (a) describe the female predominant job class of which the employee alleges he or she is a member; and

  • (b) set out the reasonable grounds that the employee has to believe the matters referred to in subparagraphs (1)(b)(i) and (ii).

• Marginal note:Accompanying documents

  (3) The complaint must be accompanied by a copy of

  • (a) the employee’s request made under subsection 9(1); and

  • (b) the employer’s response given under subsection 9(3).

Marginal note:Provision of statement setting out number of employees — collective agreement in force

• 12 (1) Within the prescribed period before the expiry of the term of a collective agreement between an employer and a bargaining agent and in the prescribed manner, the employer shall provide the bargaining agent with a statement that sets out, in respect of each job group that consists in whole or in part of members of bargaining units that are represented by the bargaining agent, the number of employees that form part of that job group and the number of employees in that job group that are males and the number that are females. If the bargaining agent has not already made the statement available to all those employees, the bargaining agent shall make a copy of it available to any of them who request it.

• Marginal note:Provision of statement setting out number of employees — no collective agreement

  (2) If there is no collective agreement between an employer and a bargaining agent but that bargaining agent has been certified to represent employees in a bargaining unit that consists in whole or in part of the employer’s employees, the employer shall, at the request of the bargaining agent, provide the bargaining agent with a statement that sets out, in respect of each job group that consists in whole or in part of employees who are members of that bargaining unit, the number of the employees that form part of that job group and the number of employees in that job group that are males and the number that are females. If the bargaining agent has not already made available any statement that it has received to all those employees, the bargaining agent shall make a copy of it available to any of them who request it.

Marginal note:Preparatory work

13 An employer and a bargaining agent shall, before collective bargaining begins, each conduct preparatory work to enable it, during collective bargaining, to raise or to respond to questions concerning the provision of equitable compensation to employees in female predominant job groups.

Marginal note:Notice describing female predominant job group

14 An employer or a bargaining agent that intends to negotiate collectively in respect of the provision of equitable compensation to employees in a female predominant job group shall, without delay, provide the other party with a notice that identifies the female predominant job group concerned.

Marginal note:Report in relation to equitable compensation matters

15 An employer or a bargaining agent that raises any equitable compensation matter in the course of collective bargaining in respect of a female predominant job group shall, without delay, provide the other party with a report that

• (a) identifies the female predominant job group to which the matter relates;

• (b) describes how the equitable compensation assessment was conducted in respect of that female predominant job group; and

• (c) sets out how the equitable compensation matter should be resolved.

Marginal note:Collective agreement

16 The provisions of a collective agreement between an employer and a bargaining agent in relation to equitable compensation may not be inconsistent with sections 113 and 238.19 of the Federal Public Sector Labour Relations Act.

Marginal note:Request for arbitration

17 If arbitration has been chosen under subsection 103(1) of the Federal Public Sector Labour Relations Act as, or is, by reason of section 238.18 of that Act, the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for arbitration under subsection 136(1) of that Act.

Marginal note:Obligations of arbitration body

18 The body seized of a request for arbitration under the Federal Public Sector Labour Relations Act that includes questions concerning the provision of equitable compensation to employees shall, in the absence of any agreement by the parties, determine whether any job group is female predominant and, if it determines that it is, determine how the equitable compensation assessment in respect of that job group is to be conducted.

Marginal note:Arbitral award

• 19 (1) The body seized of a request for arbitration under the Federal Public Sector Labour Relations Act that includes equitable compensation matters shall, subject to sections 150 and 238.22 of that Act, make an arbitral award that sets out a plan to resolve those matters within a reasonable time.

• Marginal note:Report

  (2) As soon as feasible after making an arbitral award that sets out a plan referred to in subsection (1), the body making the award shall prepare and make available to the Chairperson of the Board, in the prescribed manner, a report that

  • (a) sets out how the equitable compensation assessment in respect of every female predominant job group to which the award relates was conducted; and

  • (b) if the body has decided that an equitable compensation matter exists, specifies whether or not that matter is to be resolved during the term of the arbitral award.

• Marginal note:Copy to employer and bargaining agent

  (3) On receipt of the report, the Chairperson of the Board shall, without delay, send a copy to the employer and the bargaining agent concerned and may cause the report to be published in any manner that the Chairperson considers appropriate.

Marginal note:Request for conciliation

20 If conciliation has been chosen under subsection 103(1) of the Federal Public Sector Labour Relations Act as the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for conciliation under subsection 161(1) of that Act.

Marginal note:Obligations of public interest commission seized of request for conciliation

21 A public interest commission seized of a request for conciliation under the Federal Public Sector Labour Relations Act that includes questions concerning the provision of equitable compensation to employees shall

• (a) determine, in the absence of any agreement by the parties, whether any job group is female predominant and, if it determines that it is, recommend how the equitable compensation assessment in respect of that job group should be conducted; and

• (b) include in its report, subject to section 177 of the Federal Public Sector Labour Relations Act, recommendations that, if accepted by the parties, would result in the provision of equitable compensation to the employees concerned.

Marginal note:Obligation to prepare report

22 Before a bargaining agent submits a proposed collective agreement to employees for ratification, the employer and the bargaining agent shall jointly prepare and make available, in the prescribed manner, to the employees to whom the proposed collective agreement relates, a report that

• (a) sets out how the equitable compensation assessment in respect of every female predominant job group was conducted; and

• (b) if, in the course of the bargaining that led to the proposed collective agreement, the employer and the bargaining agent have determined that an equitable compensation matter exists, describes the matter and specifies whether that matter is to be resolved during the term of the proposed collective agreement and if not, the reasonable time within which it is to be resolved.