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

Marginal note:Notice — employers referred to in subsection 67(1)

• 65 (1) An employer referred to in subsection 67(1) must post a notice

  • (a) setting out its obligation

    • (i) to update the most recent version of the pay equity plan identified in the notice, 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 67(2)

  (2) An employer referred to in subsection 67(2) must post a notice

  • (a) setting out its obligation to update the most recent version of the pay equity plan identified in the notice; 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.

Marginal note:Notice — group of employers referred to in subsection 68(1)

• 66 (1) Each employer that is in a group of employers referred to in subsection 68(1) must post a notice

  • (a) indicating that it is in a group of employers;

  • (b) setting out the group’s obligation

    • (i) to update the most recent version of the pay equity plan identified in the notice, and

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

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

  • (d) informing the employer’s non-unionized employees, if any, of their right to designate the committee members who will represent the non-unionized employees of all of the employers in the group of employers; and

  • (e) informing the employer’s unionized employees, if any, that their bargaining agent will select the committee members who will represent the employees — of all of the employers in the group of employers — who are members of any bargaining unit represented by that bargaining agent.

• Marginal note:Notice — group of employers referred to in subsection 68(2)

  (2) Each employer that is in a group of employers referred to in subsection 68(2) must post a notice

  • (a) indicating that it is in a group of employers;

  • (b) setting out the group’s obligation to update the most recent version of the pay equity plan identified in the notice; and

  • (c) if the group has decided to establish a pay equity committee,

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

    • (ii) informing the employer’s employees of their right to designate the committee members who will represent the employees of all of the employers in the group of employers.

• Marginal note:Same-day posting

  (3) Employers that are in a group of employers must all post the notice on the same day.

Marginal note:Requirement to establish pay equity committee

• 67 (1) The following employers must, in respect of a pay equity plan that the employer is required to update, make all reasonable efforts to establish a pay equity committee:

  • (a) an employer referred to in any of paragraphs 3(2)(a) to (d) or (2)(e) to (i) that is considered under paragraph 69(a) or 70(a) to have 100 or more employees; or

  • (b) an employer referred to in any of paragraphs 3(2)(a) to (d) or (2)(e) to (i) that is considered under paragraph 69(b) or 70(b) to have less than 100 employees, if some or all of its employees are unionized employees on the day on which the employer posts the notice under subsection 65(1) in respect of the pay equity plan.

• Marginal note:Voluntary establishment of pay equity committee

  (2) An employer referred to in any of paragraphs 3(2)(a) to (d) or (2)(e) to (i) that is considered under paragraph 69(b) or 70(b) to have less than 100 employees may, on its own initiative or at the request of an employee, decide to establish a pay equity committee if it has all non-unionized employees on the day on which it posts the notice under subsection 65(1) in respect of the pay equity plan that it is required to update.

• Marginal note:Notice to Pay Equity Commissioner

  (3) An employer referred in subsection (2) that establishes a pay equity committee must notify the Pay Equity Commissioner that it has done so.

• Marginal note:Composition of committee

  (4) A pay equity committee must meet the requirements set out in subsection 19(1).

• Marginal note:Non-unionized employees

  (5) Non-unionized employees must select members to represent them by a majority of votes.

• Marginal note:Committee cannot be established

  (6) If an employer is unable to establish a pay equity committee that meets the requirements set out in any of paragraphs 19(1)(a), (b), (d) and (e), it must apply to the Pay Equity Commissioner for authorization to establish a pay equity committee with different requirements than the ones set out in that paragraph.

Marginal note:Requirement to establish pay equity committee — group of employers

• 68 (1) The following groups of employers must, in respect of a pay equity plan that the group is required to update, make all reasonable efforts to establish a pay equity committee:

  • (a) a group of employers that is considered under section 71 to have 100 or more employees; or

  • (b) a group of employers that is considered under section 71 to have less than 100 employees, if at least one of the employers in the group has unionized employees on the day on which the notice is posted in accordance with subsection 66(1) in respect of the pay equity plan.

• Marginal note:Voluntary establishment of pay equity committee

  (2) A group of employers that is considered under section 71 to have less than 100 employees may, on its own initiative or at the request of an employee, decide to establish a pay equity committee if each of the employers in the group had all non-unionized employees on the day on 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.

• Marginal note:Notice to Pay Equity Commissioner

  (3) A group of employers referred to in subsection (2) that establishes a pay equity committee must notify the Pay Equity Commissioner that it has done so.

• Marginal note:Composition of committee

  (4) A pay equity committee must meet the requirements set out in subsection 19(1).

• Marginal note:Non-unionized employees

  (5) Non-unionized employees must select members to represent them by a majority of votes.

• Marginal note:Committee cannot be established

  (6) If a group of employers is unable to establish a pay equity committee that meets the requirements set out in any of paragraphs 19(1)(a), (b), (d) and (e), it must apply to the Pay Equity Commissioner for authorization to establish a pay equity committee with different requirements than the ones set out in that paragraph.

Marginal note:Determination of number of employees — public sector

69 For the purpose of section 67,

• (a) an employer referred to in any of paragraphs 3(2)(a) to (d) is considered to have 100 or more employees if the average of the number of the employer’s employees — in the fiscal year immediately before the fiscal 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)(a) to (d) is considered to have less than 100 employees if the average of the number of the employer’s employees — in the fiscal year immediately before the fiscal 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.