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

Full Document:  

Act current to 2020-09-09

Interpretation (continued)

The following provision is not in force.

Marginal note:Group of employers

  •  (1) Two or more employers described in any of paragraphs 3(2)(e) to (i) that are subject to this Act may form a group and apply to the Pay Equity Commissioner to have the group of employers recognized as a single employer.

  • Marginal note:References to employers

    (2) If a group of employers is recognized by the Pay Equity Commissioner as a single employer under section 106, every reference in sections 19 to 21, 27, 32, 35, 38 to 41, 43 to 50 and 54, subsection 57(1), sections 64, 75, 78, 79 and 82, subsections 85(1) and 104(2), sections 111, 147, 148 and 151, subsection 157(1) and paragraph 181(1)(c) to an employer is, in respect of the group of employers, to be read as a reference to that group of employers, unless the context otherwise requires.

  • Marginal note:References to employers

    (3) If a group of employers is recognized by the Pay Equity Commissioner as a single employer under section 106, every reference in sections 118 to 120, subsections 149(2) and 150(3), paragraph 158(1)(b), subsections 158(2) and (3) and section 168 to an employer may, in respect of the group of employers, is to be read as a reference to that group of employers or to any employer in the group, as the context requires.

  • Marginal note:Date on which group becomes subject to Act

    (4) If the Pay Equity Commissioner recognizes a group of employers as a single employer, the date on which the group of employers is considered to have become subject to this Act for the purpose of subsection 55(1) and paragraphs 61(1)(b) and 89(2)(b) is the date chosen by that Commissioner.

Designation of Minister

The following provision is not in force.

Marginal note:Designation of Minister

 The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act.

Application

The following provision is not in force.

Marginal note:Employers subject to Act on coming into force

 The following employers become subject to this Act on the date on which this section comes into force:

  • (a) an employer referred to in any of paragraphs 3(2)(a) to (d) that

    • (i) is considered under subparagraph 8(a)(i) to have 10 to 99 employees, or

    • (ii) is considered under subparagraph 8(b)(i) to have 100 or more employees; and

  • (b) an employer referred to in any of paragraphs 3(2)(e) to (i) that

    • (i) is considered under subparagraph 9(a)(i) to have 10 to 99 employees, or

    • (ii) is considered under subparagraph 9(b)(i) to have 100 or more employees.

The following provision is not in force.

Marginal note:Later date in public sector — 10 to 99 employees

  •  (1) An employer referred to in any of paragraphs 3(2)(a) to (d) that is considered under subparagraph 8(a)(ii) to have 10 to 99 employees becomes subject to this Act on the first day of the fiscal year immediately after the fiscal year in which the average of the number of the employer’s employees was at least 10 but less than 100.

  • Marginal note:Public sector — 100 or more employees

    (2) An employer referred to in any of paragraphs 3(2)(a) to (d) that is considered under subparagraph 8(b)(ii) to have 100 or more employees becomes subject to this Act on the first day of the fiscal year immediately after the fiscal year in which the average of the number of the employer’s employees was 100 or more.

  • Marginal note:Private sector and territorial governments — 10 to 99 employees

    (3) An employer referred to in any of paragraphs 3(2)(e) to (i) that is considered under subparagraph 9(a)(ii) to have 10 to 99 employees becomes subject to this Act on January 1 of the calendar year immediately after the calendar year in which the average of the number of the employer’s employees was at least 10 but less than 100.

  • Marginal note:Private sector and territorial governments — 100 or more employees

    (4) An employer referred to in any of paragraphs 3(2)(e) to (i) that is considered under subparagraph 9(b)(ii) to have 100 or more employees becomes subject to this Act on January 1 of the calendar year immediately after the calendar year in which the average of the number of the employer’s employees was more than 100.

The following provision is not in force.

Marginal note:Determination of number of employees — public sector

 For the purpose of sections 6 and 7

  • (a) an employer referred to in any of paragraphs 3(2)(a) to (d) is considered to have 10 to 99 employees if

    • (i) the average of the number of the employer’s employees in the fiscal year immediately before the fiscal year in which this section comes into force is at least 10 but less than 100, or

    • (ii) the average of the number of the employer’s employees in the fiscal year in which this section comes into force or in any subsequent fiscal year is at least 10 but less than 100; and

  • (b) an employer referred to in any of paragraphs 3(2)(a) to (d) is considered to have 100 or more employees if

    • (i) the average of the number of the employer’s employees in the fiscal year immediately before the fiscal year in which this section comes into force is 100 or more, or

    • (ii) the average of the number of the employer’s employees in the fiscal year in which this section comes into force or in any subsequent fiscal year is 100 or more.

The following provision is not in force.

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

 For the purpose of sections 6 and 7

  • (a) an employer referred to in any of paragraphs 3(2)(e) to (i) is considered to have 10 to 99 employees if

    • (i) the average of the number of the employer’s employees in the calendar year immediately before the calendar year in which this section comes into force is at least 10 but less than 100, or

    • (ii) the average of the number of the employer’s employees in the calendar year in which this section comes into force or in any subsequent calendar year is at least 10 but less than 100; and

  • (b) an employer referred to in any of paragraphs 3(2)(e) to (i) is considered to have 100 or more employees if

    • (i) the average of the number of the employer’s employees in the calendar year immediately before the calendar year in which this section comes into force is 100 or more, or

    • (ii) the average of the number of the employer’s employees in the calendar year in which this section comes into force or in any subsequent calendar year is 100 or more.

The following provision is not in force.

Marginal note:Exemption

 The governments of Yukon, the Northwest Territories and Nunavut are exempt from the application of this Act until the date that the Governor in Council may, by order, specify in respect of that government.

The following provision is not in force.

Marginal note:Exemption

  •  (1) Indigenous governing bodies that are employers are exempt from the application of this Act until the date that the Governor in Council may, by order, specify.

  • Marginal note:Definition of Indigenous governing body

    (2) In this section, Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.

PART 1Pay Equity Plan

The following provision is not in force.

Marginal note:Requirement to establish plan

 Every employer must establish a pay equity plan in accordance with this Act in respect of its employees.

The following provision is not in force.

Marginal note:Requirement to establish plan — group of employers

 Every group of employers must establish a pay equity plan in accordance with this Act in respect of the employees of the employers in the group.

The following provision is not in force.

Marginal note:Notice — employers referred to in subsection 16(1)

  •  (1) An employer referred to in subsection 16(1) must post a notice

    • (a) setting out its obligation

      • (i) to establish a pay equity plan, and

      • (ii) to make all reasonable efforts to establish a pay equity committee for that purpose;

    • (b) setting out the requirements for the committee’s membership;

    • (c) informing its non-unionized employees, if any, of their right to designate the committee members who will represent them; and

    • (d) informing its unionized employees, if any, that their bargaining agent will select the committee members who will represent the employees who are members of any bargaining unit represented by that bargaining agent.

  • Marginal note:Notice — employers referred to in subsection 16(2)

    (2) An employer referred to in subsection 16(2) must post a notice

    • (a) setting out its obligation to establish a pay equity plan; and

    • (b) if it has decided to establish a pay equity committee,

      • (i) setting out the requirements for the committee’s membership, and

      • (ii) informing its employees of their right to designate the committee members who will represent them.

 
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