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Marginal note:Subsequent annual statements. (iii) pay to the employee a sum not exceeding the sum that, in the Pay Equity Commissioner’s opinion, is equivalent to the compensation that would, but for the reprisal, have been paid by the employer to the employee, (iv) pay to the employee a sum not exceeding the sum that, in the Pay Equity Commissioner’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer, and, (v) do any other thing that the Pay Equity Commissioner considers equitable for the employer to do to remedy or counteract any consequence of the reprisal; or, (c) must, if the complaint involves an alleged contravention of section 103 and he or she finds that all or any part of the complaint is substantiated, make an order in writing requiring the bargaining agent to cease engaging in or to rescind the reprisal and may, if applicable, make an order in writing requiring the bargaining agent to. 58 An employer is deemed to have established a pay equity plan on the day on which it posts the pay equity plan in accordance with subsection 55(1) or 57(2) or paragraph 94(1)(b), as the case may be. Marginal note:Establishment of pay equity plan. (c) if the new employer was not subject to this Act immediately before the day on which the contract becomes effective, it becomes subject to this Act on that day. (d) $50,000 for a bargaining agent representing some or all of the unionized employees of an employer referred to in paragraph (c). 118 (1) The Pay Equity Commissioner may, for a purpose related to verifying compliance or preventing non-compliance with this Act or the regulations, conduct a compliance audit of any employer or bargaining agent on whom this Act imposes an obligation. (2) A document appearing to have been issued by the Pay Equity Commissioner, certifying the day on which the acts or omissions that constitute the alleged violation became known to him or her, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Pay Equity Commissioner became aware of the acts or omissions on that day. (3) The request for review must state the grounds for review and set out the evidence that supports those grounds. (ii) pay to the employee, as a lump sum, the amount so determined, on the day after the day on which the employer posts the pay equity plan or plans in accordance with subsection 57(2); (e) if the employer is considered to have 100 or more employees for the purpose of section 6 or 7, as the case may be, it must make the final increase no later than, (i) subject to subparagraph (ii), the day after the sixth anniversary of the date referred to in subparagraph 61(1)(a)(i) or paragraph 61(1)(b), as the case may be, or, (ii) in the case of an employer that, but for the authorization referred to in subsection 57(2), would have been required to post the pay equity plan or plans in accordance with paragraph 94(1)(b), the day after the day that is 54 months after the date on which the employer became subject to this Act; and, (f) if the employer is considered to have 10 to 99 employees for the purpose of section 6 or 7, as the case may be, it must make the final increase no later than, (i) subject to subparagraph (ii), the day after the eighth anniversary of the date referred to in subparagraph 61(1)(a)(i) or paragraph 61(1)(b), as the case may be, or. Marginal note:Requirement to establish pay equity committee — group of employers. Marginal note:Complaints — bargaining agents. 178 No action or other proceeding of a civil nature lies against the Pay Equity Commissioner, or any person acting on behalf or under the direction of that Commissioner, in respect of anything that is done or omitted to be done in good faith while exercising or purporting to exercise their powers or performing or purporting to perform their duties and functions under this Act. (iii) for each year in which an increase is to be made, the total amount, in dollars, of the increase in compensation required to be made by the employer in respect of all employees to whom the pay equity plan or plans relate is to be equal to or more than 1% of the employer’s payroll for the year that is immediately before the year in which the increase is required to be made under subsection (1), except for the final increase, which is, in respect of all employees, to be in an amount that is sufficient to eliminate the differences in compensation; (b) the employer must make the increases in accordance with the schedule; (c) if the employer is considered to have 100 or more employees for the purpose of section 6 or 7, as the case may be, it must make the final increase no later than, (i) the day after the sixth anniversary of the date referred to in subparagraph (1)(a)(i) or paragraph (1)(b), as the case may be, if the pay equity plan or plans were posted in accordance with section 55, or, (ii) the day after the day that is 54 months after the date on which the employer became subject to this Act, if the pay equity plan or plans were posted in accordance with paragraph 94(1)(b); and, (d) if the employer is considered to have 10 to 99 employees for the purpose of section 6 or 7, as the case may be, it must make the final increase no later than, (i) the day after the eighth anniversary of the date referred to in subparagraph (1)(a)(i) or paragraph (1)(b), as the case may be, if the pay equity plan or plans were posted in accordance with section 55, or. (2) The employer must retain the copies and other documents referred to in section 90 for the period set out in the order unless it receives a copy of the order after the end of the period that it is required to retain the copies and other documents under that section and it has already disposed of them. (7) If the employer, any employer in the group of employers, the bargaining agent or the other person pays the amount referred to in subsection (6), the Pay Equity Commissioner must accept the amount in complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended. (3) Any bargaining agent that represents unionized employees to whom a pay equity plan relates that has reasonable grounds to believe that the employer has attempted to influence or interfere with the selection by its non-unionized employees of members to represent them on a pay equity committee, or that the employer or another bargaining agent has acted in bad faith or in an arbitrary or discriminatory manner while exercising its powers or performing its duties and functions under this Act may, within 60 days after the day on which it becomes aware of the alleged behaviour, if the alleged behaviour affects or is likely to affect the employees to whom the pay equity plan relates, file a complaint with the Pay Equity Commissioner that sets out the particulars of the complaint. (b) the amount of a penalty confirmed or corrected in the Pay Equity Commissioner’s notice of decision served under subsection 142(5), from the expiry of the time specified in the notice. (ii) if applicable, the aggregate amount of all lump sums paid to employees under subsection 62(2), subparagraph 62(4)(d)(ii) or subsection 88(2) or (3) and all interest paid on those amounts under subsection 62(5) or 88(5) or (6). 124 The owner or other person in charge of a place entered by the Pay Equity Commissioner or his or her delegate under section 118 or 121 and every individual found in the place must give the Pay Equity Commissioner or the delegate, as the case may be, all reasonable assistance and provide the Pay Equity Commissioner or delegate with any information that the Pay Equity Commissioner or delegate may reasonably require. Many Canadian businesses, especially small and medium size companies, are struggling to survive. (b) in the case of an employer that, but for the authorization granted in accordance with subsection 57(2), would have been required to post a pay equity plan in accordance with paragraph 94(1)(b), the calendar year in which falls the day that is 18 months after the date on which the employer became subject to this Act. (4) Despite subsection (1), if an employer posted a pay equity plan in accordance with subsection 57(2) — or posted, on the same day, more than one pay equity plan in accordance with that subsection — and if the total amount, in dollars, of the increase in compensation required to be made by the employer under section 60 in respect of all employees to whom the pay equity plan or plans relate is, for the year in which the increase is required to be made under subsection (1), more than 1% of the employer’s payroll for the year that is immediately before that year, the employer may choose to phase in the increase in respect of that plan or those plans, in which case, (a) the phase-in period is deemed to have started, (i) on the day after the third anniversary of the date referred to in subparagraph 61(1)(a)(i) or paragraph 61(1)(b), as the case may be, if the pay equity plan or plans were posted in accordance with section 55, or. Marginal note:Notice — employers referred to in subsection 67(1), 65 (1) An employer referred to in subsection 67(1) must post a notice, (i) to update the most recent version of the pay equity plan identified in the notice, and, Marginal note:Notice — employers referred to in subsection 67(2), (2) An employer referred to in subsection 67(2) must post a notice, (a) setting out its obligation to update the most recent version of the pay equity plan identified in the notice; and, Marginal note:Notice — group of employers referred to in subsection 68(1), 66 (1) Each employer that is in a group of employers referred to in subsection 68(1) must post a notice, Marginal note:Notice — group of employers referred to in subsection 68(2), (2) Each employer that is in a group of employers referred to in subsection 68(2) must post a notice, (b) setting out the group’s obligation to update the most recent version of the pay equity plan identified in the notice; and. (a) at least 60% of the positions in the job class are occupied by women; (b) historically, at least 60% of the positions in the job class were occupied by women; or. 91 (1) The Pay Equity Commissioner may order an employer referred to in section 90 to retain the copies and other documents referred to in that section for any period set out in the order that is longer than the period that they are required to retain them under that section. The interest is to be calculated and compounded daily on the amount, at the rate that is prescribed by regulation or calculated in a manner that is prescribed by regulation, for the period beginning on the day on which the amount would have been required to have been paid and ending on the day on which it is paid. 11 (1) Indigenous governing bodies that are employers are exempt from the application of this Act until the date that the Governor in Council may, by order, specify. 28 If, at any time after establishing a pay equity committee, an employer is of the opinion that the committee is unable to perform its work, the employer may apply to the Pay Equity Commissioner for authorization to establish the pay equity plan without a committee. Marginal note:Determination — complaint about reprisal. (2) At any stage of an inquiry into a question requested under section 162, the panel or member conducting the inquiry may dismiss the question if the panel or member is satisfied, (a) in the case of a question of jurisdiction, that an inquiry is not warranted; or. 116 The Pay Equity Commissioner must provide the Minister, on the request of and in the form specified by the Minister, with any data that the Minister requires to evaluate whether the purpose of the Act is being met. (6) If a group of employers is unable to establish a pay equity committee that meets the requirements set out in any of paragraphs 19(1)(a), (b), (d) and (e), it must apply to the Pay Equity Commissioner for authorization to establish a pay equity committee with different requirements than the ones set out in that paragraph. 168 (1) An employer, bargaining agent or other person that is affected by a decision made under paragraph 158(1)(a), 159(1)(a) or 160(1)(a) or an order made under section 119, subsection 157(2), paragraph 158(1)(b), subsection 158(3), subparagraph 159(1)(b)(ii) or paragraph 160(1)(b) or (c) may appeal the decision or order to the Tribunal, in writing, within 30 days after the day on which a copy of the order or notice of the decision is served. The new legislation – Pay Equity Act – is an Act to establish a proactive pay equity regime within the federal public and private sectors in Canada. Any increase in compensation payable by an employer to employees under this Act is deemed to be incorporated into and form part of the collective agreements governing those employees. (3) In relation to a hearing of the inquiry, the member or panel may. ], Process for Establishment of Pay Equity Plan, Determination of Predominantly Female and Predominantly Male Job Classes, Authorizations by Pay Equity Commissioner, Pay Equity Commissioner’s Powers, Duties and Functions, Matters in Dispute, Objections and Complaints, Federal Public Sector Labour Relations Act, Parliamentary Employment and Staff Relations Act, Consolidation of Constitution Acts, 1867 to 1982, French Constitutional Drafting Committee (1990), Statutes Repeal Act: Reports, Deferrals and Repeals, Miscellaneous Statute Law Amendment Program, Typographical and Grammatical Corrections, Table of Public Statutes and Responsible Ministers, Consolidated Index of Statutory Instruments. On October 29, 2018, the federal government introduced the Pay Equity Act (Act) in Parliament. Marginal note:Determination of matter in dispute. 3 (1) The following definitions apply in this Act. 53 (1) Once a group of employers — or, if a pay equity committee has been established, that committee — has prepared a draft of the pay equity plan, each employer in the group must post the draft as well as a notice informing the employer’s employees to whom it relates of their right to provide that group of employers or that committee, as the case may be, with comments on the draft and the time within which and the manner in which they may exercise that right. (2) If the Pay Equity Commissioner is of the opinion that two or more matters in dispute, objections or complaints involve substantially the same issues of fact or law, he or she may join the investigations into the matters in dispute, objections or complaints.

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