Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Full Document:  

Act current to 2020-11-17

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

Contents and Posting (continued)

The following provision is not in force.

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

  •  (1) Once a group of employers — or, if a pay equity committee has been established, that committee — has prepared a draft of the pay equity plan, each employer in the group must post the draft as well as a notice informing the employer’s employees to whom it relates of their right to provide that group of employers or that committee, as the case may be, with comments on the draft 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 draft pay equity plan on the same day.

The following provision is not in force.

Marginal note:Written comments

  •  (1) Employees to whom the draft pay equity plan relates have 60 days following the day on which it is posted to provide the employer — or, if a pay equity committee has been established, that committee — with written comments on it.

  • 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 pay equity plan.

The following provision is not in force.

Marginal note:Final version — three-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 pay equity plan no later than the third anniversary of the date on which the employer or the group of employers, as the case may be, became subject to this Act.

  • Marginal note:Same-day posting

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

The following provision is not in force.

Marginal note:Notice of increases

  •  (1) An employer must post, before the date on which an increase in compensation — and any lump sum — is payable under section 61 or 62, a notice indicating the following:

    • (a) if the pay equity plan was posted in accordance with section 55 or paragraph 94(1)(b),

      • (i) the date on which any increase in compensation is payable under subsection 61(1), and

      • (ii) if the employer has chosen to phase in the increase in accordance with subsection 61(2), the dates on which each increase will be made and the percentage of the increase referred to in paragraph 51(k) that each increase represents; and

    • (b) if the pay equity plan was posted in accordance with subsection 57(2),

      • (i) the date on which any increase in compensation under subsection 62(1) and any lump sum under subsection 62(2) or (3) is payable, and

      • (ii) if the employer has chosen to phase in the increase in accordance with subsection 62(4), the dates on which each increase will be made and the percentage of the increase referred to in paragraph 51(k) that each increase represents.

  • Marginal note:Notice for longer phase-in period

    (2) If an employer is authorized by the Pay Equity Commissioner to phase in the increase in compensation over a longer phase-in period than the one set out in paragraph 61(2)(c) or (d) or 62(4)(e) or (f), as the case may be, the employer must post, as soon as feasible after obtaining the authorization, a notice indicating the new dates on which the increases will be made and the percentage of the increase referred to in paragraph 51(k) that each increase represents.

The following provision is not in force.

Marginal note:Extension of time limit for posting

  •  (1) An employer may apply to the Pay Equity Commissioner for 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:Authorization of Pay Equity Commissioner

    (2) If the Pay Equity Commissioner authorizes an extension, the employer — or, in the case of a group of employers, each employer in the group — must

    • (a) post, as soon as feasible after obtaining the authorization, a notice indicating the date on which the extended period ends; and

    • (b) despite subsection 55(1) and paragraph 94(1)(b), post the final pay equity plan within the extended period.

  • Marginal note:Same-day posting

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

The following provision is not in force.

Marginal note:Establishment of pay equity plan

 An employer is deemed to have established a pay equity plan on the day on which it posts the pay equity plan in accordance with subsection 55(1) or 57(2) or paragraph 94(1)(b), as the case may be.

The following provision is not in force.

Marginal note:Establishment of pay equity plan — group of employers

 A group of employers is deemed to have established a pay equity plan on the day on which each employer in the group posts the pay equity plan in accordance with subsections 55(1) and (2) or 57(2) and (3), as the case may be.

Increases in Compensation

The following provision is not in force.

Marginal note:Obligation to increase compensation

 If a pay equity plan posted by an employer in accordance with section 55, subsection 57(2) or paragraph 94(1)(b), as the case may be, discloses differences in compensation between predominantly female job classes and predominantly male job classes or, if there are no predominantly male job classes, differences in compensation that are determined in accordance with regulations made under paragraph 181(1)(c), the employer must increase — in accordance with the provisions of the pay equity plan that meet the requirements set out in paragraph 51(k) — the compensation that is payable to its employees who occupy positions in the predominantly female job classes for which an increase in compensation is required to be made under that pay equity plan.

The following provision is not in force.

Marginal note:Date payable — plan posted under section 55 or paragraph 94(1)(b)

  •  (1) In the case of an employer that posted a pay equity plan in accordance with section 55 or paragraph 94(1)(b), as the case may be, the increase in compensation required to be made under section 60 is payable,

    • (a) subject to paragraph (b),

      • (i) if the pay equity plan was posted in accordance with subsection 55(1), on the day after the third anniversary of the date on which the employer became subject to this Act, or

      • (ii) if the pay equity plan was posted in accordance with paragraph 94(1)(b), on the day after the day that is 18 months after the date on which the employer became subject to this Act; or

    • (b) in the case of an employer that is in a group of employers, on the day after the third anniversary of the date on which the group of employers became subject to this Act.

  • Marginal note:Phase in of increase

    (2) Despite subsection (1), if an employer posted a pay equity plan in accordance with section 55 or paragraph 94(1)(b), as the case may be — or posted, on the same day, more than one pay equity plan in accordance with that section or paragraph — and if the total amount, in dollars, of the increase in compensation required to be made by the employer under section 60 in respect of all employees to whom the pay equity plan or plans relate is, for the year in which the increase is required to be made under subsection (1), more than 1% of the employer’s payroll for the year that is immediately before that year, the employer may choose to phase in the increase in respect of that plan or those plans, in which case

    • (a) the employer must establish, in accordance with the following, a schedule of increases for the phase-in period:

      • (i) the increases

        • (A) are to begin on the day after the third anniversary of the date referred to in subparagraph (1)(a)(i) or paragraph (1)(b), as the case may be, and end on the day on which the phase-in period ends, if the pay equity plan or plans were posted in accordance with section 55, or

        • (B) are to begin on the day after the day that is 18 months after the date on which the employer became subject to this Act and end on the day on which the phase-in period ends, if the pay equity plan or plans were posted in accordance with paragraph 94(1)(b),

      • (ii) each increase is to be made on the anniversary date of the previous increase, and

      • (iii) for each year in which an increase is to be made, the total amount, in dollars, of the increase in compensation required to be made by the employer in respect of all employees to whom the pay equity plan or plans relate is to be equal to or more than 1% of the employer’s payroll for the year that is immediately before the year in which the increase is required to be made under subsection (1), except for the final increase, which is, in respect of all employees, to be in an amount that is sufficient to eliminate the differences in compensation;

    • (b) the employer must make the increases in accordance with the schedule;

    • (c) if the employer is considered to have 100 or more employees for the purpose of section 6 or 7, as the case may be, it must make the final increase no later than

      • (i) the day after the sixth anniversary of the date referred to in subparagraph (1)(a)(i) or paragraph (1)(b), as the case may be, if the pay equity plan or plans were posted in accordance with section 55, or

      • (ii) the day after the day that is 54 months after the date on which the employer became subject to this Act, if the pay equity plan or plans were posted in accordance with paragraph 94(1)(b); and

    • (d) if the employer is considered to have 10 to 99 employees for the purpose of section 6 or 7, as the case may be, it must make the final increase no later than

      • (i) the day after the eighth anniversary of the date referred to in subparagraph (1)(a)(i) or paragraph (1)(b), as the case may be, if the pay equity plan or plans were posted in accordance with section 55, or

      • (ii) the day after the day that is 78 months after the date on which the employer became subject to this Act, if the pay equity plan or plans were posted in accordance with paragraph 94(1)(b).

  • Marginal note:Definition of year

    (3) For the purpose of subsection (2), year means,

    • (a) in the case of an employer referred to in any of paragraphs 3(2)(a) to (d), its fiscal year; and

    • (b) in the case of an employer referred to in any of paragraphs 3(2)(e) to (i), the calendar year.

 
Date modified: