Pay Equity Act (S.C. 2018, c. 27, s. 416)

Marginal note:Committee cannot perform work — group of employers

77 If, at any time after establishing a pay equity committee, a group of employers is of the opinion that the committee is unable to perform its work, it may apply to the Pay Equity Commissioner for authorization to update the pay equity plan without a committee. If that authorization is granted, each employer in the group must post a notice informing its employees to whom the pay equity plan relates that the group of employers will update the pay equity plan without a committee.

Process for Updating Pay Equity Plan

Marginal note:Identification of new differences in compensation

• 78 (1) An employer — or, if a pay equity committee has been established, that committee — must — by applying the rules, criteria and factors, as adapted by regulation, that are set out in sections 32 to 50 and by applying any regulations made under section 181 — identify, as of the times or in the circumstances that are prescribed by the regulations, any differences in compensation between the predominantly female job classes and the predominantly male job classes as a result of any change, since the most recent posting of the pay equity plan, that is likely to have had an impact on pay equity, other than any change excluded by regulation.

• Marginal note:Multiple plans

  (2) If an employer has established more than one pay equity plan and if, at the time that the employer — or, if a pay equity committee has been established, that committee — is carrying out its obligations under this Act in respect of any one of those plans, the employer or pay equity committee, as the case may be, determines that there are no longer any predominantly male job classes under that plan but that there is at least one such job class under at least one of the other plans, that employer or committee must compare, in accordance with sections 48 to 50, the compensation associated with the predominantly female job classes under that plan with the compensation associated with the predominantly male job classes under the other plans.

Marginal note:Revision of pay equity plan

• 79 (1) The employer — or, if a pay equity committee has been established, that committee — must revise the content of the pay equity plan, as set out in section 51, taking into account any differences in compensation identified under section 78.

• Marginal note:Documentation of changes

  (2) The employer or pay equity committee, as the case may be, must set out in a document any changes made to the pay equity plan.

Posting

Marginal note:Revised pay equity plan and notice

80 Once a pay equity plan is revised, the employer must post, close together and all at once, the following documents:

• (a) the revised pay equity plan;

• (b) a draft of the document referred to in subsection 79(2); and

• (c) a notice informing employees to whom the revised pay equity plan relates of their right to provide the employer — or, if a pay equity committee has been established, that committee — with comments on the documents referred to in paragraphs (a) and (b) and the time within which and the manner in which they may exercise that right.

Marginal note:Revised pay equity plan and notice — group of employers

• 81 (1) Once the pay equity plan is revised, each employer in a group of employers must post, close together and all at once, the following documents:

  • (a) the revised pay equity plan;

  • (b) a draft of the document referred to in subsection 79(2); and

  • (c) a notice informing employees to whom the revised pay equity plan relates of their right to provide that group of employers — or, if a pay equity committee has been established, that committee — with comments on the documents referred to in paragraphs (a) and (b) and the time within which and the manner in which they may exercise that right.

• Marginal note:Same-day posting

  (2) Employers that are in a group of employers must all post the documents referred to in paragraphs (1)(a) to (c) on the same day.

Marginal note:Written comments

• 82 (1) Employees to whom the revised pay equity plan and the draft of the document referred to in subsection 79(2) relate have 60 days following the day on which they are posted to provide the employer — or, if a pay equity committee has been established, that committee — with written comments on them.

• Marginal note:Consideration of comments

  (2) The employer or pay equity committee, as the case may be, must consider any comments that have been provided under subsection (1) when preparing the final version of the revised pay equity plan and of the document referred to in subsection 79(2).

Marginal note:Final version — five-year maximum

• 83 (1) An employer — or, in the case of a group of employers, each employer in the group — must post the final version of the revised pay equity plan and of the document referred to in subsection 79(2) no later than the fifth anniversary of the day on which the employer posted, as the case may be,

  • (a) the pay equity plan in accordance with section 55, subsection 57(2) or paragraph 94(1)(b); or

  • (b) the previous final version of the revised pay equity plan and the previous final version of the document referred to in subsection 79(2), in accordance with this subsection or subsection 85(2).

• Marginal note:Same-day posting

  (2) Employers that are in a group of employers must all post, on the same day, the final version of the revised pay equity plan.

Marginal note:Notice of increases

84 An employer must post, before the date on which an increase in compensation — and any lump sum — is payable under subsection 88(4), a notice indicating that date.

Marginal note:Extension of time limit for posting

• 85 (1) An employer may apply to the Pay Equity Commissioner for an extension of the period set out in subsection 83(1) for the posting of a final version of the revised pay equity plan and of the document referred to in subsection 79(2).

• Marginal note:Authorization of Pay Equity Commissioner

  (2) If the Pay Equity Commissioner authorizes an extension, the employer — or, in the case of a group of employers, each employer in the group — must

  • (a) post, as soon as feasible after obtaining the authorization, a notice indicating the date on which the extended period ends; and

  • (b) despite subsection 83(1), post the final version of the revised pay equity plan and the document referred to in subsection 79(2) within the extended period.

• Marginal note:Same-day posting

  (3) Employers that are in a group of employers must all post, on the same day, the final version of the revised pay equity plan.

Marginal note:Updated pay equity plan

86 An employer is deemed to have updated a pay equity plan on the day on which it posts the revised pay equity plan in accordance with subsection 83(1) or 85(2), as the case may be.

Marginal note:Updated pay equity plan — group of employers

87 A group of employers is deemed to have updated a pay equity plan on the day on which each employer in the group posts the revised pay equity plan in accordance with subsections 83(1) and (2), or subsection 85(2), as the case may be.

Increases in Compensation

Marginal note:Obligation to increase compensation

• 88 (1) If a revised pay equity plan posted by an employer in accordance with section 83 or subsection 85(2) discloses differences in compensation identified in accordance with section 78, the employer must increase — in accordance with the provisions of the revised pay equity plan that meet the requirements set out in paragraph 51(k) — the compensation that is payable to its employees who occupy positions in the predominantly female job classes for which an increase in compensation is required to be made under that revised pay equity plan.

• Marginal note:Lump sum

  (2) If an employee referred to in subsection (1) is entitled, as determined in accordance with the regulations, to a lump sum in respect of a period determined in accordance with the regulations — which period is to begin on or after the day on which the previous pay equity plan was posted in accordance with section 55, subsection 57(2), section 83, subsection 85(2) or paragraph 94(1)(b), as the case may be, and end no later than the day on which the revised pay equity plan was posted in accordance with section 83 or, if the employer posted it in accordance with subsection 85(2), the fifth anniversary of the day referred to in subsection 83(1) — and in an amount determined in accordance with the regulations, the employer is also required to pay to the employee, on the day on which compensation is required to be increased under subsection (4), that lump sum.

• Marginal note:Lump sum — posting under subsection 85(2)

  (3) An employer that posts a revised pay equity plan in accordance with subsection 85(2) must also pay, on the day on which compensation is required to be increased under subsection (4), to each of its employees referred to in subsection (1), as a lump sum — for the period beginning on the last day on which the revised pay equity plan could have been posted in accordance with section 83 and ending on the day on which it was posted in accordance with subsection 85(2), or for any shorter period within that period during which the employee occupied a position referred to in subsection (1) — an amount in dollars equal to the increase in compensation that would have been payable to the employee had that increase been made starting on the day after the last day on which the revised pay equity plan could have been posted in accordance with section 83.

• Marginal note:Date increase is payable

  (4) The increase in compensation and any lump sum required to be paid under any of subsections (1) to (3) is payable on the day after the day on which the revised pay equity plan is posted in accordance with section 83 or subsection 85(2), as the case may be.

• Marginal note:Interest

  (5) An employer that posts a revised pay equity plan in accordance with subsection 85(2) must also pay to any employee who is entitled to a lump sum under subsection (2) interest on that lump sum. The interest is to be calculated and compounded daily on the lump sum, at the rate that is prescribed by regulation or calculated in a manner that is prescribed by regulation, for the period beginning on the last day on which the revised pay equity plan could have been posted in accordance with section 83 and ending on the day on which the revised pay equity plan was posted in accordance with subsection 85(2).

• Marginal note:Interest — posting under subsection 85(2)

  (6) An employer that is required to pay a lump sum to an employee under subsection (3) must also pay interest on the amount of each increase that the employee would have received at each payday within the period for which the lump sum is payable had the employer posted the pay equity plan in accordance with section 83. 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.

• Marginal note:Interest rate if none prescribed

  (7) If no regulations are made for the purpose of subsection (5) or (6), the rate of interest is the rate per annum that is the aggregate of 2% per annum and the bank rate in effect on the day in respect of which the interest is calculated.

• Marginal note:Former employees

  (8) The requirement under this section to pay a lump sum and interest to employees also applies to former employees who occupied a position referred to in subsection (1) during the period determined for the purpose of subsection (2) or set out in subsection (3), as the case may be.

PART 4General Provisions — Pay Equity Plans

Annual Statement

Marginal note:Contents

• 89 (1) Subject to subsection (3), each employer that is subject to this Act must submit to the Pay Equity Commissioner, in accordance with this section, an annual statement that contains the following:

  • (a) the name of the employer;

  • (b) the date on which the employer became subject to this Act;

  • (c) an indication as to whether the version of the pay equity plan most recently posted in accordance with subsection 55(1) or 57(2), section 83, subsection 85(2), or paragraph 94(1)(b), as the case may be, was established or updated, as the case may be, with or without a pay equity committee;

  • (d) the number of employees employed by the employer on the last day of the year immediately before the year in which the annual statement is submitted;

  • (e) in respect of each pay equity plan that the employer is required to establish, the date of the version of the pay equity plan most recently posted in accordance with subsection 55(1) or 57(2), section 83, subsection 85(2) or paragraph 94(1)(b), as the case may be;

  • (f) if applicable, in respect of each pay equity plan that the employer is required to establish, the number of predominantly female job classes for which an increase in compensation is required in accordance with the version of the pay equity plan most recently posted in accordance with subsection 55(1) or 57(2), section 83, subsection 85(2) or paragraph 94(1)(b), as the case may be;

  • (g) for each of the job classes referred to in paragraph (f), if that paragraph applies,

    • (i) the amount, in dollars per hour, of the increase in compensation and the percentage of the increase in the compensation of that job class that the increase represents,

    • (ii) if applicable, the aggregate amount of all lump sums paid to its employees under subsection 62(2) or (3), 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),

    • (iii) the total number of employees occupying positions in that job class who are entitled to the increase and lump sum referred to in subparagraphs (i) and (ii), and

    • (iv) among the employees referred to in subparagraph (iii), the total number of them who are women; and

  • (h) any other information that is prescribed by regulation.

• Marginal note:Contents — group of employers

  (2) Every group of employers must submit to the Pay Equity Commissioner, in accordance with this section, an annual statement that contains the following:

  • (a) the name of each employer in the group;

  • (b) the date on which the group became subject to this Act;

  • (c) an indication as to whether the version of the pay equity plan most recently posted in accordance with subsections 55(1) and (2), subsections 57(2) and (3), section 83 or subsections 85(2) and (3), as the case may be, was established or updated, as the case may be, with or without a pay equity committee;

  • (d) the sum of the number of employees employed by each employer in the group on the last day of the year immediately before the year in which the annual statement is submitted;

  • (e) in respect of each pay equity plan that the group is required to establish, the date of the version of the pay equity plan most recently posted in accordance with subsections 55(1) and (2), subsections 57(2) and (3), section 83 or subsections 85(2) and (3), as the case may be;

  • (f) if applicable, in respect of each pay equity plan that the group is required to establish, the number of predominantly female job classes for which an increase in compensation is required in accordance with the version of the pay equity plan most recently posted in accordance with subsections 55(1) and (2), subsections 57(2) and (3), section 83 or subsections 85(2) and (3), as the case may be;

  • (g) for each of the job classes referred to in paragraph (f), if that paragraph applies,

    • (i) the amount, in dollars per hour, of the increase and the percentage of the increase in the compensation of that job class that the increase represents,

    • (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),

    • (iii) the total number of employees occupying positions in that job class who are entitled to the increase and lump sum referred to in subparagraphs (i) and (ii), and

    • (iv) among the employees referred to in subparagraph (iii), the total number of them who are women; and

  • (h) any other information that is prescribed by regulation.

• Marginal note:First annual statement

  (3) The first annual statement must be submitted on or before June 30 — or during any other period that is prescribed by regulation — in the calendar year following,

  • (a) subject to paragraph (b), the calendar year in which falls the third anniversary of the date referred to in subparagraph 61(1)(a)(i) or paragraph 61(1)(b), as the case may be; or

  • (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.

• Marginal note:Subsequent annual statements

  (4) Subsequent annual statements must be submitted on or before June 30 — or during any other period that is prescribed by regulation — in the calendar year following the calendar year in which the previous annual statement was submitted.

• Marginal note:Definition of year

  (5) For the purpose of paragraphs (1)(d) and (2)(d), year means,

  • (a) in the case of an employer referred to in any of paragraphs 3(2)(a) to (d), its fiscal year; and

  • (b) in the case of an employer referred to in any of paragraphs 3(2)(e) to (i), the calendar year.