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

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Act current to 2022-09-22 and last amended on 2021-08-31. Previous Versions

Pay Equity Act

S.C. 2018, c. 27, s. 416

Assented to 2018-12-13

An Act to establish a proactive pay equity regime within the federal public and private sectors

[Enacted by section 416 of chapter 27 of the Statutes of Canada, 2018, sections 1 to 171, 172, 173 and 174 to 184 in force August 31, 2021, see SI/2021-36.]

Short Title

Marginal note:Short title

 This Act may be cited as the Pay Equity Act.

Purpose

Marginal note:Purpose

 The purpose of this Act is to achieve pay equity through proactive means by redressing the systemic gender-based discrimination in the compensation practices and systems of employers that is experienced by employees who occupy positions in predominantly female job classes so that they receive equal compensation for work of equal value, while taking into account the diverse needs of employers, and then to maintain pay equity through proactive means.

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Act.

    bank rate

    bank rate means the rate of interest established periodically by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to members of the Canadian Payments Association. (taux d’escompte)

    bargaining agent

    bargaining agent has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act or the same meaning as in subsection 3(1) of the Canada Labour Code, as the case may be. (agent négociateur)

    bargaining unit

    bargaining unit has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act or the same meaning as in subsection 3(1) of the Canada Labour Code, as the case may be. (unité de négociation)

    compensation

    compensation means any form of remuneration payable for work performed by an employee and includes

    • (a) salaries, commissions, vacation pay, severance pay and bonuses;

    • (b) payments in kind;

    • (c) employer contributions to pension funds or plans, long-term disability plans and all forms of health insurance plans; and

    • (d) any other advantage received directly or indirectly from the employer. (rémunération)

    core public administration

    core public administration has the same meaning as in subsection 11(1) of the Financial Administration Act. (administration publique centrale)

    dependent contractor

    dependent contractor has the same meaning as in subsection 3(1) of the Canada Labour Code. (entrepreneur dépendant)

    employee

    employee means

    • (a) a person employed in the public service, other than

      • (i) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act,

      • (ii) a person locally engaged outside Canada, or

      • (iii) a person employed under a program designated by the employer as a student employment program;

    • (b) an officer or non-commissioned member of the Canadian Forces;

    • (c) a person employed by an employer referred to in paragraph (2)(e) on or in connection with the operation of any federal work, undertaking or business, as defined in section 2 of the Canada Labour Code, including a private constable, as defined in subsection 3(1) of that Act, other than

      • (i) a person employed under a program designated by the employer as a student employment program, or

      • (ii) a student employed by the employer solely during the student’s vacation periods;

    • (c.1) a person employed by an employer referred to in paragraph (2)(e.1), other than

      • (i) a person employed under a program designated by the employer as a student employment program, or

      • (ii) a student employed by the employer solely during the student’s vacation periods;

    • (d) in respect of an employer referred to in paragraph (2)(f), a dependent contractor;

    • (e) a person employed by the government of Yukon;

    • (f) a person employed by the government of the Northwest Territories; and

    • (g) a person employed by the government of Nunavut. (employé)

    employee organization

    employee organization has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (organisation syndicale)

    group of job classes

    group of job classes means a series of job classes that bear a relationship to each other because of the nature of the work required to be performed within each job class in the series and that are organized in successive levels. (groupe de catégories d’emplois)

    Minister

    Minister means the member of the Queen’s Privy Council for Canada designated under section 5. (ministre)

    non-unionized employee

    non-unionized employee means an employee who is not a member of a bargaining unit, other than an employee who occupies a position declared to be a managerial or confidential position as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act or an employee who performs management functions or is employed in a confidential capacity in matters relating to industrial relations. (non syndiqué)

    Pay Equity Commissioner

    Pay Equity Commissioner means the Pay Equity Commissioner appointed under subsection 26(1) of the Canadian Human Rights Act. (Commissaire à l’équité salariale)

    payroll

    payroll, in respect of an employer, means the total of all salaries payable to the employer’s employees. (masse salariale)

    public service

    public service means the several positions in or under

    • (a) the departments named in Schedule I to the Financial Administration Act;

    • (b) the other portions of the federal public administration named in Schedule IV to that Act; and

    • (c) the separate agencies named in Schedule V to that Act. (fonction publique)

    trade union

    trade union has the same meaning as in subsection 3(1) of the Canada Labour Code. (syndicat)

    Tribunal

    Tribunal means the Canadian Human Rights Tribunal established by section 48.1 of the Canadian Human Rights Act. (Tribunal)

    unionized employee

    unionized employee means an employee who is a member of a bargaining unit that is represented by a bargaining agent. (syndiqué)

  • Marginal note:Employers

    (2) For the purposes of this Act, each of the following is considered to be an employer:

    • (a) Her Majesty in right of Canada as represented by the Treasury Board, in respect of the aggregate of the departments and other portions of the federal public administration named in Schedules I and IV, respectively, to the Financial Administration Act, except that the reference to the Royal Canadian Mounted Police in that Schedule IV is deemed to be a reference to the Royal Canadian Mounted Police only in respect of civilian employees appointed or employed in accordance with section 10 of the Royal Canadian Mounted Police Act;

    • (b) Her Majesty in right of Canada as represented by the Treasury Board, in respect of the Canadian Forces;

    • (c) Her Majesty in right of Canada as represented by the Treasury Board, in respect of the Royal Canadian Mounted Police, in relation to members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

    • (d) in respect of a separate agency, as defined in subsection 11(1) of the Financial Administration Act, Her Majesty in right of Canada as represented by the separate agency;

    • (e) each person who employs employees in connection with the operation of any federal work, undertaking or business, as defined in section 2 of the Canada Labour Code, other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut;

    • (e.1) a corporation established to perform any duty or function on behalf of the Government of Canada, other than a corporation named in Schedule IV or V of the Financial Administration Act;

    • (f) in respect of a dependent contractor, an employer as defined in paragraph (b) of that expression in subsection 3(1) of the Canada Labour Code; 

    • (g) the government of Yukon;

    • (h) the government of the Northwest Territories; and

    • (i) the government of Nunavut.

  • Marginal note:References to employees in regards to Her Majesty in right of Canada

    (3) For the purposes of this Act, every reference to an employer’s employees is to be read as a reference to,

    • (a) in the case of Her Majesty in right of Canada as represented by the Treasury Board, as employer in respect of the aggregate of the departments and other portions of the federal public administration referred to in paragraph (2)(a), only employees employed in those departments and other portions, other than members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

    • (b) in the case of Her Majesty in right of Canada as represented by the Treasury Board, as employer in respect of the Canadian Forces, only officers and non-commissioned members of the Canadian Forces;

    • (c) in the case of Her Majesty in right of Canada as represented by the Treasury Board, as employer in respect of the Royal Canadian Mounted Police, only members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; and

    • (d) in the case of Her Majesty in right of Canada as represented by a separate agency, as employer in respect of the separate agency, only employees employed in that separate agency.

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

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

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.

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.

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.

 
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