Pay Equity Regulations

Marginal note:Calculation of compensation

• 23 (1) The employer — or, if a pay equity committee has been established, that committee — must calculate the compensation, expressed in dollars per hour, associated with each job class for which it has determined, under section 20, the value of the work performed.

• Marginal note:Compensation plan — job classes chosen

  (2) If the employer or pay equity committee, as the case may be, uses predominantly male job classes chosen under paragraph 19(1)(a), it must make any adaptations necessary in the calculation of any form of compensation other than salary so that the compensation associated with those predominantly male job classes is in accordance with the compensation plan that applies to the employees of the employer.

• Marginal note:Compensation — job classes created

  (3) If the employer or pay equity committee, as the case may be, uses predominantly male job classes created under paragraph 19(1)(b), it must calculate the compensation for full-time work, expressed in dollars per hour, associated with each of those job classes

  • (a) taking into account

    • (i) the elements set out in columns 2 to 5 of Schedule 1 for the typical job class on which the job class that was created is based, and

    • (ii) salaries that are generally accepted as current for positions that have duties and responsibilities similar to those set out in Schedule 1 for the typical job class on which the job class that was created is based, that require experience, education and training similar to those set out in Schedule 1 for that typical job class and that are under employers that, to the extent possible, have similar numbers of employees as the employer and are in the same industry and geographic area as the employer or a geographic area where the cost of living is similar;

  • (b) ensuring that the hourly rate of pay for the job class is not less than

    • (i) in the case of a job class that was created based on the maintenance worker typical job class described in item 1 of Schedule 1, a wage at the minimum hourly rate referred to in section 178 of the Canada Labour Code, without taking into account subsections 178(4) and (5) of that Act, as if the employees in positions in that job class are usually employed in the province in which the employer’s employees are usually employed or, if the employer’s employees are usually employed in more than one province, as if the employees are employed in the province with the highest minimum hourly rate, amongst the provinces in which the employees are usually employed, referred to in subsection 178(2) of that Act,

    • (ii) in the case of a job class that was created based on the technician typical job class described in item 2 of Schedule 1, 1.2 times the minimum hourly rate referred to in subparagraph (i), and

    • (iii) in the case of a job class that was created based on the manager typical job class described in item 3 of Schedule 1, 1.75 times the minimum hourly rate referred to in subparagraph (i); and

  • (c) including all forms of compensation other than salary that the employer would pay for the work performed in the job class if the work were performed in the course of the operations of the employer.

• Marginal note:Group of job classes

  (4) If an employer or a pay equity committee, as the case may be, treats a group of job classes as a predominantly female job class in accordance with section 38 of the Act, the compensation associated with that job class is considered to be the compensation associated with the individual predominantly female job class within the group that has the greatest number of employees.

• Marginal note:Salary — job classes chosen

  (5) If an employer or pay equity committee, as the case may be, uses predominantly male job classes chosen under paragraph 19(1)(a),

  • (a) for the purpose of determining salary in the calculation of the compensation associated with a predominantly female job class, the salary at the highest rate in the range of salary rates for positions in the job class is to be used; and

  • (b) for the purpose of determining salary in the calculation of the compensation associated with a predominantly male job class, the salary at the highest rate in the range of salary rates for positions in the job class, provided by the employer from which the job class was chosen, is to be used.

• Marginal note:Salary — job classes created

  (6) If an employer or pay equity committee, as the case may be, uses predominantly male job classes created under paragraph 19(1)(b), for the purposes of determining salary in the calculation of the compensation associated with a predominantly female job class, the salary at the highest rate in the range of salary rates for positions in the job class is to be used.

• Marginal note:Definition of full-time work

  (7) For the purposes of subsection (3), full-time work means 30 or more hours of work over a period of one week.