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

Marginal note:Reprisal by bargaining agent

103 No bargaining agent or person acting on behalf of a bargaining agent is to take reprisal against a person, including by

• (a) taking disciplinary action against or imposing any form of penalty on the person by applying to that person in a discriminatory manner the standards of discipline of the bargaining agent, because that person

  • (i) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Act,

  • (ii) has filed a complaint or exercised any right under this Act, or

  • (iii) has taken an action in compliance with this Act or refused to take an action that would have resulted in non-compliance with this Act;

• (b) expelling or suspending the person from membership in the trade union or employee organization or taking disciplinary action against or imposing any form of penalty on the person by reason of that person having refused to perform an act that is contrary to this Act; or

• (c) discriminating against the person with respect to employment, a term of employment or membership in a trade union or employee organization, or intimidating or coercing the person or imposing a financial or other penalty on the person, because that person

  • (i) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Act,

  • (ii) has filed a complaint or exercised any right under this Act, or

  • (iii) has taken an action in compliance with this Act or refused to take an action that would have resulted in non-compliance with this Act.

Marginal note:Mandate — Pay Equity Commissioner

• 104 (1) The Pay Equity Commissioner’s mandate is to

  • (a) ensure the administration and enforcement of this Act;

  • (b) assist persons in understanding their rights and obligations under this Act; and

  • (c) facilitate the resolution of disputes relating to pay equity.

• Marginal note:Duties

  (2) In carrying out his or her mandate, the Pay Equity Commissioner must

  • (a) monitor the implementation of this Act, including the establishment and updating of pay equity plans;

  • (b) offer assistance to employers, employees and bargaining agents in relation to pay equity matters and applications, including in relation to complaints, objections and disputes, and decide any matter or application over which he or she has jurisdiction under this Act;

  • (c) develop tools to promote compliance with this Act;

  • (d) educate and inform employers, employees and bargaining agents of their rights and obligations under this Act;

  • (e) undertake and publish research related to pay equity matters; and

  • (f) maintain close liaison with similar bodies or authorities in the provinces in order to coordinate efforts when appropriate.

Marginal note:Delegation

• 105 (1) The Pay Equity Commissioner may delegate, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties and functions under this Act — other than those set out in sections 104, 114, 115 and 117 and the power to delegate under this section — to any person or class of persons other than the Chief Commissioner of the Canadian Human Rights Commission.

• Marginal note:Certificate of delegation

  (2) Each person to whom powers, duties or functions are delegated under subsection (1) must be provided with a certificate of delegation in the form established by the Pay Equity Commissioner and that person must, when exercising those powers or performing those duties or functions, produce the certificate to any person who asks to see it.

Marginal note:Recognition of group as single employer

• 106 (1) On receipt of an application referred to in subsection 4(1), the Pay Equity Commissioner may recognize the group as a single employer if he or she is of the opinion that the employers

  • (a) are part of the same industry;

  • (b) have similar compensation practices; and

  • (c) have positions with similar duties and responsibilities.

• Marginal note:Choice of date

  (2) If the Pay Equity Commissioner recognizes a group as a single employer under subsection (1), he or she must choose the day on which the group becomes subject to this Act for the purpose of subsection 55(1), and paragraphs 61(1)(b) and 89(2)(b). He or she must choose a day that

  • (a) is after the day on which one of the employers in the group becomes subject to this Act; and

  • (b) is, in his or her opinion, the earliest day that would give the group sufficient time to meet its obligations under this Act.

Marginal note:Authority — multiple pay equity plans

107 On receipt of an application referred to in subsection 30(1) or (2) and after giving an opportunity to make representations under subsection 30(4), the Pay Equity Commissioner may, if the application has not been denied under subsection 30(5) and if he or she is of the opinion that it is appropriate in the circumstances, authorize the establishment of more than one pay equity plan.

Marginal note:Authority — plan without committee

108 On receipt of an application referred to in section 25, 26, 73 or 74, the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181(1)(o), authorize the establishment or update, as the case may be, of a pay equity plan without a pay equity committee.

Marginal note:Authority — different committee membership

109 On receipt of an application referred to in subsection 19(3), section 27, subsection 67(6) or 68(6) or section 75, the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181(1)(o), authorize the establishment or continuation, as the case may be, of a pay equity committee that does not comply with the requirements set out in any of paragraphs 19(1)(a), (b), (d) and (e).

Marginal note:Authority — Committee cannot perform work

110 On receipt of an application referred to in section 28, 29, 76 or 77, the Pay Equity Commissioner must

• (a) attempt to assist the pay equity committee in the performance of its work; and

• (b) if he or she is of the opinion that the pay equity committee is unable to perform its work and that it is appropriate in the circumstances, authorize the establishment or update, as the case may be, of a pay equity plan without a pay equity committee.

Marginal note:Authority — other compensation comparison method

111 On receipt of an application referred to in subparagraph 48(2)(a)(i), the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances, authorize the use of a method for the comparison of compensation that is prescribed by regulation or, if no such method is prescribed or the employer is of the opinion that a method prescribed by regulation cannot be used, the method proposed by the employer.

Marginal note:Authority — extension for posting final plan

• 112 (1) On receipt of an application referred to in subsection 57(1), the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181(1)(o), authorize an extension of the period set out in subsection 55(1) or paragraph 94(1)(b), as the case may be, for the posting of a final pay equity plan.

• Marginal note:Authority — extension for posting final revised plan

  (2) On receipt of an application referred to in subsection 85(1), the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181(1)(o), authorize an extension of the period set out in subsection 83(1) for the posting of a final version of the revised pay equity plan and the final version of the document referred to in subsection 79(2).

Marginal note:Authority — longer phase-in period

113 On receipt of an application referred to in subsection 63(1), the Pay Equity Commissioner may, if he or she is of the opinion that it is justified on the basis that the employer has demonstrated extreme financial hardship, authorize the employer to phase in increases in compensation that are required to be made under a pay equity plan over a longer phase-in period than the one set out in paragraph 61(2)(c) or (d) or 62(4)(e) or (f).