Pay Equity Act — P-4.2 61
Date payable — plan posted under section 55 or paragraph 94 (1)(b) 61 (1) In the case of an employer that posted a pay equity plan in accordance with section 55 or paragraph 94 (1)(b), as the case may be, the increase in compensation required to be made under section 60 is payable, (a) subject to paragraph (b), (i) if the pay equity plan was posted in accordance with subsection 55 (1), on the day after the third anniversary of the date on which the employer became subject to this Act, or (ii) if the pay equity plan was posted in accordance with paragraph 94 (1)(b), on the day after the day that is 18 months after the date on which the employer became subject to this Act; or (b) in the case of an employer that is in a group of employers, on the day after the third anniversary of the date on which the group of employers became subject to this Act. Phase in of increase (2) Despite subsection (1), if an employer posted a pay equity plan in accordance with section 55 or paragraph 94 (1)(b), as the case may be — or posted, on the same day, more than one pay equity plan in accordance with that section or paragraph — 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 employer must establish, in accordance with the following, a schedule of increases for the phase-in period: (i) the increases (A) are to begin on the day after the third anniversary of the date referred to in subparagraph (1)(a)(i) or paragraph (1)(b), as the case may be, and end on the day on which the phase-in period ends, if the pay equity plan or plans were posted in accordance with section 55 , or (B) are to begin on the day after the day that is 18 months after the date on which the employer became subject to this Act and end on the day on which the phase-in period ends, if the pay equity plan or plans were posted in accordance with paragraph 94 (1)(b), (ii) each increase is to be made on the anniversary date of the previous increase, and (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 (ii) the day after the day that is 78 months after the date o