Pay Equity Regulations

Marginal note:Calculation of compensation

• 44 (1) For the purpose of identifying any differences in compensation under subsection 78(1) of the Act, the employer — or, if a pay equity committee has been established, that committee — must calculate compensation associated with predominantly female job classes and predominantly male job classes in accordance with the rules set out in sections 44 to 46 of the Act for each period for which the workplace information that has been collected must be used under section 41.

• Marginal note:Exception

  (1.1) Despite subsection (1), for the purposes of identifying any differences in compensation under subsection 78(1) of the Act, an employer or pay equity committee, as the case may be, referred to in subsection 38.1(1) of the Regulations, must calculate compensation associated with predominantly male job classes in accordance with the rules set out in sections 23 to 25 for each period for which the workplace information that has been collected must be used under section 41, except that the reference to “paragraph 19(1)(a)” in subsections 23(2) and (5) is to be read as a reference to “paragraph 38.1(1)(a)” and the reference to “paragraph 19(1)(b)” in subsections 23(3) and (6) is to be read as a reference to “paragraph 38.1(1)(b)”.

• Marginal note:Phase-in of increases

  (2) If an increase in compensation associated with a predominantly female job class is being phased in under subsection 61(2), 62(4) or 63(2) of the Act, then for the purposes of subsection 78(1) of the Act, the employer or pay equity committee, as the case may be, must calculate the compensation associated with the job class for each period set out in subsection 41(1) or (2) as if the increase had been made without being phased in.