Pay Equity Act — P-4.2 88
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. 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. 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 . 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. 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). 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. Interest rate if none prescribed (7)