Employment Equity Regulations

26 (1) Subject to subsections (2) to (4), for the purpose of indicating the salary ranges of employees on Form 2, an employer shall determine the salary ranges of employees in the following manner and sequence:

• (a) the employer shall determine the highest and lowest salaries of the employees in each occupational group;

• (b) using the table of salary sections set out in Schedule VIII, the employer shall determine the salary sections into which the highest and lowest salaries referred to in paragraph (a) fall; and

• (c) the employer shall indicate the salary range of the employees in each occupational group using the appropriate salary sections referred to in paragraph (b) to represent the highest and lowest salaries of the employees in the occupational group.

(2) Subject to subsection (3), an employer, in determining for the purpose of paragraph (1)(a) the highest and lowest salaries of permanent full-time or permanent part-time employees who worked part of a reporting period but less than the entire reporting period as a result of being hired or absent on unpaid leave granted at the employee’s request, shall annualize the salary of each of those employees by

• (a) dividing the amount of the salary paid to the employee during the period worked by the number of pay periods in that period; and

• (b) multiplying the amount calculated under paragraph (a) by the number of pay periods in the reporting period.

(3) An employer, in determining for the purpose of paragraph (1)(a) the highest and lowest salaries of employees who were promoted during the reporting period, shall annualize the salary of each of those employees by

• (a) dividing the amount of the salary paid to the employee during the period in which the employee occupied the last position or job to which they were promoted in the reporting period, by the number of pay periods in that period; and

• (b) multiplying the amount calculated under paragraph (a) by the number of pay periods in the reporting period.

(4) Where the lowest salary of the employees in an occupational group is $100,000 or more, the employer shall leave blank the space on Form 2 for indicating the highest salary of the employees in the occupational group.