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Pay Equity Act (S.C. 2018, c. 27, s. 416)

Full Document:  

Act current to 2020-09-09

PART 3Pay Equity Maintenance Review (continued)

Updated Pay Equity Plan (continued)

The following provision is not in force.

Marginal note:Determination of number of employees — private sector and territorial governments

 For the purpose of section 67,

  • (a) an employer referred to in any of paragraphs 3(2)(e) to (i) is considered to have 100 or more employees if the average of the number of the employer’s employees — in the calendar year immediately before the calendar year in which the employer posts the notice in accordance with subsection 65(1) in respect of the pay equity plan that the employer is required to update — is 100 or more; or

  • (b) an employer referred to in any of paragraphs 3(2)(e) to (i) is considered to have less than 100 employees if the average of the number of the employer’s employees — in the calendar year immediately before the calendar year in which the employer posts the notice in accordance with subsection 65(1) or (2), as the case may be, in respect of the pay equity plan that the employer is required to update — is less than 100.

The following provision is not in force.

Marginal note:Determination of number of employees — group of employers

 For the purpose of section 68,

  • (a) a group of employers is considered to have 100 or more employees if the sum of the average of the number of employees of each of the employers in the group — in the calendar year immediately before the calendar year in which the notice is posted in accordance with subsection 66(1) in respect of the pay equity plan that the group is required to update — is 100 or more; or

  • (b) a group of employers is considered to have less than 100 employees if the sum of the average of the number of employees of each of the employers in the group — in the calendar year immediately before the calendar year in which the notice is posted in accordance with subsection 66(1) or (2), as the case may be, in respect of the pay equity plan that the group is required to update — is less than 100.

The following provision is not in force.

Marginal note:Application of sections 20 to 24

 Sections 20 to 24 apply in respect of a pay equity committee established under this Part, except that “establishment” is to be read as “updating”.

The following provision is not in force.

Marginal note:Notice of update of plan without committee

 If an employer, despite having made all reasonable efforts, is unable to establish a pay equity committee in respect of a pay equity plan that it is required to update, the employer must apply to the Pay Equity Commissioner for authorization to update the pay equity plan without a committee. If that authorization is granted, the employer must post a notice informing the employees to whom the pay equity plan relates that the employer will update the pay equity plan without a committee.

The following provision is not in force.

Marginal note:Notice of update of plan without committee — group of employers

 If a group of employers, despite having made all reasonable efforts, is unable to establish a pay equity committee in respect of a pay equity plan that it is required to update, the group must apply to the Pay Equity Commissioner for authorization to update the pay equity plan without a committee. If that authorization is granted, each employer in the group must post a notice informing its employees to whom the pay equity plan relates that the group of employers will update the pay equity plan without a committee.

The following provision is not in force.

Marginal note:Committee does not meet requirement after establishment

 If a pay equity committee established by an employer does not, at any time after it has been established, meet the requirements set out in any of paragraphs 19(1)(a), (b), (d) and (e), the employer must apply to the Pay Equity Commissioner for authorization for the continuation of the committee with different requirements than the ones set out in that paragraph.

The following provision is not in force.

Marginal note:Committee cannot perform work

 If, at any time after establishing a pay equity committee, an employer is of the opinion that the committee is unable to perform its work, the employer may apply to the Pay Equity Commissioner for authorization to update the pay equity plan without a committee. If that authorization is granted, the employer must post a notice informing the employees to whom the pay equity plan relates that the employer will update the pay equity plan without a committee.

The following provision is not in force.

Marginal note:Committee cannot perform work — group of employers

 If, at any time after establishing a pay equity committee, a group of employers is of the opinion that the committee is unable to perform its work, it may apply to the Pay Equity Commissioner for authorization to update the pay equity plan without a committee. If that authorization is granted, each employer in the group must post a notice informing its employees to whom the pay equity plan relates that the group of employers will update the pay equity plan without a committee.

Process for Updating Pay Equity Plan

The following provision is not in force.

Marginal note:Identification of new differences in compensation

  •  (1) An employer — or, if a pay equity committee has been established, that committee — must — by applying the rules, criteria and factors, as adapted by regulation, that are set out in sections 32 to 50 and by applying any regulations made under section 181 — identify, as of the times or in the circumstances that are prescribed by the regulations, any differences in compensation between the predominantly female job classes and the predominantly male job classes as a result of any change, since the most recent posting of the pay equity plan, that is likely to have had an impact on pay equity, other than any change excluded by regulation.

  • Marginal note:Multiple plans

    (2) If an employer has established more than one pay equity plan and if, at the time that the employer — or, if a pay equity committee has been established, that committee — is carrying out its obligations under this Act in respect of any one of those plans, the employer or pay equity committee, as the case may be, determines that there are no longer any predominantly male job classes under that plan but that there is at least one such job class under at least one of the other plans, that employer or committee must compare, in accordance with sections 48 to 50, the compensation associated with the predominantly female job classes under that plan with the compensation associated with the predominantly male job classes under the other plans.

The following provision is not in force.

Marginal note:Revision of pay equity plan

  •  (1) The employer — or, if a pay equity committee has been established, that committee — must revise the content of the pay equity plan, as set out in section 51, taking into account any differences in compensation identified under section 78.

  • Marginal note:Documentation of changes

    (2) The employer or pay equity committee, as the case may be, must set out in a document any changes made to the pay equity plan.

Posting

The following provision is not in force.

Marginal note:Revised pay equity plan and notice

 Once a pay equity plan is revised, the employer must post, close together and all at once, the following documents:

  • (a) the revised pay equity plan;

  • (b) a draft of the document referred to in subsection 79(2); and

  • (c) a notice informing employees to whom the revised pay equity plan relates of their right to provide the employer — or, if a pay equity committee has been established, that committee — with comments on the documents referred to in paragraphs (a) and (b) and the time within which and the manner in which they may exercise that right.

The following provision is not in force.

Marginal note:Revised pay equity plan and notice — group of employers

  •  (1) Once the pay equity plan is revised, each employer in a group of employers must post, close together and all at once, the following documents:

    • (a) the revised pay equity plan;

    • (b) a draft of the document referred to in subsection 79(2); and

    • (c) a notice informing employees to whom the revised pay equity plan relates of their right to provide that group of employers — or, if a pay equity committee has been established, that committee — with comments on the documents referred to in paragraphs (a) and (b) and the time within which and the manner in which they may exercise that right.

  • Marginal note:Same-day posting

    (2) Employers that are in a group of employers must all post the documents referred to in paragraphs (1)(a) to (c) on the same day.

The following provision is not in force.

Marginal note:Written comments

  •  (1) Employees to whom the revised pay equity plan and the draft of the document referred to in subsection 79(2) relate have 60 days following the day on which they are posted to provide the employer — or, if a pay equity committee has been established, that committee — with written comments on them.

  • Marginal note:Consideration of comments

    (2) The employer or pay equity committee, as the case may be, must consider any comments that have been provided under subsection (1) when preparing the final version of the revised pay equity plan and of the document referred to in subsection 79(2).

The following provision is not in force.

Marginal note:Final version — five-year maximum

  •  (1) An employer — or, in the case of a group of employers, each employer in the group — must post the final version of the revised pay equity plan and of the document referred to in subsection 79(2) no later than the fifth anniversary of the day on which the employer posted, as the case may be,

    • (a) the pay equity plan in accordance with section 55, subsection 57(2) or paragraph 94(1)(b); or

    • (b) the previous final version of the revised pay equity plan and the previous final version of the document referred to in subsection 79(2), in accordance with this subsection or subsection 85(2).

  • Marginal note:Same-day posting

    (2) Employers that are in a group of employers must all post, on the same day, the final version of the revised pay equity plan.

 
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