Pay Equity Regulations (SOR/2021-161)

Marginal note:Difference in compensation during last period

46 For the period beginning on the day after the last day with respect to which workplace information must be collected under section 39 before the posting of the final version of a revised pay equity plan in accordance with section 83 or paragraph 85(2)(b) of the Act and ending on the day before the day of that posting, any difference in compensation is the same as the difference that the employer or pay equity committee, as the case may be, identified for the preceding period.

Posting

Marginal note:Postings regarding updating

47 An employer that is required to post documents under section 80 or 81 of the Act must keep those documents posted for at least 60 days.

Marginal note:Final version of revised pay equity plan

48 An employer that is required, in accordance with section 83 or paragraph 85(2)(b) of the Act, to post the final version of the revised pay equity plan and of the document referred to in subsection 79(2) of the Act must keep them posted until it posts the final version of the subsequent revised pay equity plan under that section or paragraph.

Marginal note:Notice — increases

49 An employer that is required under section 84 of the Act to post a notice relating to increases must keep the notice posted until the later of the 60th day after the day it is posted and the day on which the increases to which the notice relates are paid in full.

Marginal note:Determination by member or panel

50 If the member or panel conducting an inquiry into a question of law or jurisdiction that has been referred to the Chairperson of the Tribunal under section 162 of the Act requires, under subsection 167(2) of the Act, an employer to post the determination issued at the conclusion of the inquiry into the question, the employer must keep the determination posted for the period specified by the member or panel, as the case may be.

Marginal note:Decision or document issued by Pay Equity Commissioner

51 If the Pay Equity Commissioner requires, under section 176 of the Act, an employer to post any decision, order, notice of violation or other document issued by that Commissioner, the employer must keep that decision, order, notice of violation or other document, as the case may be, posted for the period specified by the Commissioner.

Lump Sum

Marginal note:Entitlement

• 52 (1) For the purposes of subsection 88(2) of the Act, an employee referred to in subsection 88(1) of the Act is entitled to a lump sum in respect of each period set out in subsection 41(1) or (2) or section 46 in which a difference in compensation is identified between the predominantly female job classes and the predominantly male job classes and that falls within the maximum period described in subsection 88(2) of the Act.

• Marginal note:Amount

  (2) The amount of the lump sum to which the employee is entitled in respect of a period set out in subsection 41(1) or (2) or section 46 is the product obtained by multiplying the amount of the increase in compensation that was calculated with respect to the period for the job class in which the employee occupied a position by the number of hours the employee worked in the period.

Annual Statement

Marginal note:Employer

• 53 (1) For the purposes of paragraph 89(1)(h) of the Act, the following information is prescribed:

  • (a) if the employer — or, if a pay equity committee has been established, that committee — has made the determination referred to in subsection 41(2) of the Act, an indication to that effect; and

  • (b) if the employer — or, if a pay equity committee has been established, that committee — has made the determination referred to in subsection 20(2), an indication to that effect.

• Marginal note:Group of employers

  (2) For the purposes of paragraph 89(2)(h) of the Act, the other information that is prescribed is the following:

  • (a) if the group of employers — or, if a pay equity committee has been established, that committee — has made the determination referred to in subsection 41(2) of the Act, an indication to that effect; and

  • (b) if the group of employers — or, if a pay equity committee has been established, that committee — has made the determination referred to in subsection 20(2), an indication to that effect.

Transfers

Marginal note:Final version of pay equity plan

54 An employer that is required, in accordance with paragraph 94(1)(b) of the Act, to post the final version of the pay equity plan must keep it posted until it posts the final version of the revised pay equity plan in accordance with section 83 or paragraph 85(2)(b) of the Act.

Coming into Force

Marginal note:S.C. 2018, c. 27

Footnote ^*55 These Regulations come into force on the first day on which both section 181 of the Pay Equity Act and section 417 of the Budget Implementation Act, 2018, No. 2 are in force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force August 31, 2021, see SI/2021-36.]