Pay Equity Regulations

Marginal note:Choice of method

• 19 (1) An employer — or, if a pay equity committee has been established, that committee — must use, to determine differences in compensation for the purposes of section 60 of the Act

  • (a) at least three predominantly male job classes of its choice from another employer that meets the conditions set out in subsection (2); or

  • (b) three fictional predominantly male job classes, each of which is created by the employer or committee based on a different typical job class set out in Schedule 1.

• Marginal note:Other employer

  (2) For the purposes of paragraph (1)(a), the other employer must meet the following conditions:

  • (a) it must have at least three job classes that it — or, if a pay equity committee has been established by the other employer, that committee — has determined under section 35 of the Act to be predominantly male and for which the compensation has been calculated in accordance with sections 44 to 46 of the Act; and

  • (b) it must agree to provide the employer — or, if a pay equity committee has been established by that employer, that committee — that has chosen to use those job classes with the data in its possession that is necessary to determine the value of work performed in those job classes and, for each job class chosen, with the salary at the highest rate in the range of salary rates for positions in the job class.

• Marginal note:Criteria

  (3) An employer — or, if a pay equity committee has been established, that committee — choosing job classes provided by another employer under paragraph (1)(a) must, to the extent possible, ensure that those job classes

  • (a) come from an employer with characteristics similar to its own — or, in the case of a pay equity committee choosing job classes, those of the relevant employer — such as the following:

    • (i) the two employers are part of the same industry,

    • (ii) they operate in regions where the cost of living is similar,

    • (iii) they have a similar number of employees,

    • (iv) they have a similar proportion of unionized employees, and

    • (v) they have similar compensation practices; and

  • (b) are representative of the range of values of work performed in the job classes of that other employer, as determined by the other employer or the pay equity committee established by that employer, as the case may be, under section 41 of the Act.