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

Full Document:  

Act current to 2020-11-02

PART 2Process for Establishment of Pay Equity Plan (continued)

Determination of Predominantly Female and Predominantly Male Job Classes (continued)

The following provision is not in force.

Marginal note:Predominantly male job classes

 A job class is considered to be a predominantly male job class if

  • (a) at least 60% of the positions in the job class are occupied by men;

  • (b) historically, at least 60% of the positions in the job class were occupied by men; or

  • (c) the job class is one that is commonly associated with men due to gender-based occupational stereotyping.

The following provision is not in force.

Marginal note:Group of job classes

  •  (1) An employer — or, if a pay equity committee has been established, that committee — may treat a group of job classes as a single predominantly female job class if at least 60% of the positions in the group are occupied by women.

  • Marginal note:Interpretation

    (2) If an employer or pay equity committee, as the case may be, treats a group of job classes as a single predominantly female job class, this Act applies in respect of the group of job classes as if it were a single predominantly female job class, unless the context otherwise requires.

The following provision is not in force.

Marginal note:Notice to Pay Equity Commissioner

 If an employer — or, if a pay equity committee has been established, that committee — determines under section 35 that there is at least one predominantly female job class but that there are no predominantly male job classes, and no regulations have been made under paragraph 181(1)(c), the employer must notify the Pay Equity Commissioner of that determination.

The following provision is not in force.

Marginal note:Application of regulations

 If regulations have been made under paragraph 181(1)(c), those regulations apply in place of sections 41 to 50.

Determination of Value of Work

The following provision is not in force.

Marginal note:Determination

  •  (1) If an employer — or, if a pay equity committee has been established, that committee — determines under section 35 that there is at least one predominantly female job class and at least one predominantly male job class, the employer or committee, as the case may be, must determine the value of the work performed in each of the predominantly female and predominantly male job classes determined under that section.

  • Marginal note:Value already determined

    (2) For greater certainty, an employer referred to in any of paragraphs 3(2)(a) to (d) or a pay equity committee established by such an employer, 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:Group of job classes

    (3) If an employer or pay equity committee, as the case may be, treats a group of job classes as a predominantly female job class in accordance with section 38, the value of the work performed in that job class is considered to be the value of the work performed in the individual predominantly female job class within the group that has the greatest number of employees.

The following provision is not in force.

Marginal note:Criterion

 The criterion to be applied in determining the value of the work performed is the composite of the skill required to perform the work, the effort required to perform the work, the responsibility required in the performance of the work and the conditions under which the work is performed.

The following provision is not in force.

Marginal note:Method

 In addition, an employer — or, if a pay equity committee has been established, that committee — must, to determine the value of the work performed, use a method that

  • (a) does not discriminate on the basis of gender; and

  • (b) makes it possible to determine the relative value of the work performed in all of the predominantly female and predominantly male job classes determined under section 35.

Calculation of Compensation

The following provision is not in force.

Marginal note:Calculation

  •  (1) An employer — or, if a pay equity committee has been established, that committee — must calculate the compensation, expressed in dollars per hour, associated with each job class for which it has determined, under section 41, the value of the work performed.

  • Marginal note:Group of job classes

    (2) If an employer or pay equity committee, as the case may be, treats a group of job classes as a predominantly female job class in accordance with section 38, the compensation associated with that job class is considered to be the compensation associated with the individual predominantly female job class within the group that has the greatest number of employees.

  • Marginal note:Salary

    (3) For the purpose of determining salary in the calculation of the compensation associated with a job class, the salary at the highest rate in the range of salary rates for positions in the job class is to be used.

The following provision is not in force.

Marginal note:Exclusions from compensation

 An employer — or, if a pay equity committee has been established, that committee — may exclude from the calculation of compensation, with respect to each job class in respect of which compensation is required to be calculated, any form of compensation that is equally available, and provided without discrimination on the basis of gender, in respect of all of those job classes.

The following provision is not in force.

Marginal note:Differences in compensation excluded

 An employer — or, if a pay equity committee has been established, that committee — must exclude from the calculation of compensation associated with a job class any differences in compensation that either increase or decrease compensation in any or all positions in that job class as compared with the compensation that would otherwise be associated with the position, if the differences are based on any one or more of the following factors and those factors have been designed and are applied so as not to discriminate on the basis of gender:

  • (a) the existence of a system of compensation that is based on seniority or length of service;

  • (b) the practice of temporarily maintaining an employee’s compensation following their reclassification or demotion to a position that has a lower rate of compensation until the rate of compensation for the position is equivalent to or greater than the rate of compensation payable to the employee immediately before the reclassification or demotion;

  • (c) a shortage of skilled workers that causes an employer to temporarily increase compensation due to its difficulty in recruiting or retaining employees with the requisite skills for positions in a job class;

  • (d) the geographic area in which an employee works;

  • (e) the fact that an employee is in an employee development or training program and receives compensation at a rate different than that of an employee doing the same work in a position outside the program;

  • (f) the non-receipt of compensation — in the form of benefits that have a monetary value — due to the temporary, casual or seasonal nature of a position;

  • (g) the existence of a merit-based compensation plan that is based on a system of formal performance ratings and that has been brought to the attention of the employees; or

  • (h) the provision of compensation for extra-duty services, including compensation for overtime, shift work, being on call, being called back to work and working or travelling on a day that is not a working day.

Comparison of Compensation

The following provision is not in force.

Marginal note:Comparison

 An employer — or, if a pay equity committee has been established, that committee — that has calculated under section 44 the compensation associated with each job class must, using the compensation so calculated, compare, in accordance with sections 48 to 50, the compensation associated with the predominantly female job classes with the compensation associated with the predominantly male job classes, for the purpose of determining whether there is any difference in compensation between those job classes.

The following provision is not in force.

Marginal note:Compensation comparison methods

  •  (1) The comparison of compensation must be made in accordance with the equal average method set out in section 49 or the equal line method set out in section 50.

  • Marginal note:Other methods

    (2) Despite subsection (1),

    • (a) if an employer determines that neither of the methods referred to in that subsection can be used, the employer must

      • (i) apply to the Pay Equity Commissioner for authorization to use a method for the comparison of compensation that is prescribed by regulation or, if the regulations do not prescribe a method or the employer is of the opinion that the prescribed method cannot be used, a method that it proposes, and

      • (ii) use the method for the comparison of compensation that the Pay Equity Commissioner authorizes; and

    • (b) if a pay equity committee determines that neither of the methods referred to in that subsection can be used, the committee must use a method for the comparison of compensation that is prescribed by regulation or, if the regulations do not prescribe a method or the committee is of the opinion that the prescribed method cannot be used, a method that it considers appropriate.

 
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