GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pay Equity Act — P-4.2 20
Vote 20 (1) The members who represent employees have, as a group, one vote and the members who represent the employer have, as a group, one vote. A decision of a group counts as a vote only if it is unanimous. If the members who represent employees cannot, as a group, reach a unanimous decision on a matter, that group forfeits its right to vote and the vote of the group of members who represent the employer prevails. Minimum composition required for vote (2) The pay equity committee may hold a vote only if there is present for it (a) at least one member who represents the employer; (b) for each bargaining agent, if any, that selected members, at least one such member; and (c) one member who represents non-unionized employees, if any.
Pay Equity Act — P-4.2 21
Directions from employer 21 (1) An employer must give to any member of a pay equity committee who represents the employer sufficient direction to permit the member to perform their work as the employer’s representative on the committee. Directions from bargaining agent (2) A bargaining agent must give to any member of a pay equity committee who represents employees who are members of any bargaining unit represented by the bargaining agent sufficient direction to permit the member to perform their work as those employees’ representative on the committee.
Pay Equity Act — P-4.2 22
Measures to facilitate the selection of members 22 (1) To facilitate the selection of employee representatives on a pay equity committee, an employer must make available, as necessary, its premises and equipment and must permit its employees to take time away from their work, as required, to participate in the selection process. Measures to support work of committee (2) Once the pay equity committee is established, the employer must make available, as necessary, its premises and equipment for the work of the committee and must permit employees who are members of the committee to take time away from their work, as required, to participate in training sessions and meetings of the committee and to perform their work as a member of the committee. Employee deemed at work (3) An employee who takes time away from their work in accordance with subsection (1) or (2) is deemed to be at work for all purposes.
Pay Equity Act — P-4.2 23
Requirement to provide information — employer 23 (1) An employer must provide the pay equity committee with any information in the employer’s possession that the committee considers necessary for the establishment of the pay equity plan. Requirement to provide information — employees and bargaining agents (2) Every employee to whom the pay equity plan relates and, if some of those employees are unionized employees, every bargaining agent that represents those unionized employees, must provide the pay equity committee with any information within their knowledge or control that the committee considers necessary for the establishment of the pay equity plan.
Pay Equity Act — P-4.2 24
Requirement to keep information confidential — committee members 24 (1) Each person who is or was a member of a pay equity committee to which information is provided in accordance with section 23 must keep confidential — except for the purpose for which it is provided — any of the information that is specified by the employer, employee or bargaining agent, as the case may be, as being confidential. Employers and bargaining agents (2) Each employer and each bargaining agent that receives, from a member of a pay equity committee, information that the member is required under subsection (1) to keep confidential, must also keep the information confidential.
Pay Equity Act — P-4.2 25
Notice of establishment of plan without committee 25 If an employer, despite having made all reasonable efforts, is unable to establish a pay equity committee, the employer must apply to the Pay Equity Commissioner for authorization to establish the pay equity plan without a pay equity committee. If that authorization is granted, the employer must post a notice informing the employees to whom the pay equity plan relates that the employer will establish the pay equity plan without a pay equity committee.
Pay Equity Act — P-4.2 26
Notice of establishment of plan without committee — group of employers 26 If a group of employers, despite having made all reasonable efforts, is unable to establish a pay equity committee, the group must apply to the Pay Equity Commissioner for authorization to establish 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 establish the pay equity plan without a committee.
Pay Equity Act — P-4.2 27
Committee does not meet requirement after establishment 27 If a pay equity committee established by an employer does not, at any time after it has been established, meet the requirements set out in any of paragraphs 19 (1)(a), (b), (d) and (e), the employer must apply to the Pay Equity Commissioner for authorization for the continuation of the committee with different requirements than the ones set out in that paragraph.
Pay Equity Act — P-4.2 28
Committee cannot perform work 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. If that authorization is granted, the employer must post a notice informing the employees to whom the pay equity plan relates that the employer will establish the pay equity plan without a committee.
Pay Equity Act — P-4.2 29
Committee cannot perform work — group of employers 29 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, the group may apply to the Pay Equity Commissioner for authorization to establish 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 establish the pay equity plan without a committee.
Pay Equity Act — P-4.2 30
Multiple plans 30 (1) An employer referred to in subsection 16 (1) or (3), a bargaining agent for any unionized employees of the employer or a non-unionized employee of the employer may apply to the Pay Equity Commissioner to approve the establishment of more than one pay equity plan. Multiple plans — group of employers (2) A group of employers referred to in subsection 17 (1) or (3), a bargaining agent for any unionized employees of an employer that is in the group or a non-unionized employee of an employer that is in the group may apply to the Pay Equity Commissioner to approve the establishment of more than one pay equity plan. Application — required information (3) The employer, group of employers, bargaining agent or employee, as the case may be, must, in the application, (a) indicate the number of pay equity plans being proposed; and (b) identify the employer’s employees — or, if the employer is in a group of employers, all of the employees of the employers in the group — to whom each pay equity plan would relate. Evidence and representations (4) The Pay Equity Commissioner must give an opportunity to make representations, in the manner that he or she specifies, to the applicant, to the employer or group of employers, if it is not the applicant, and to any bargaining agents and non-unionized employees that are not the applicant and that the Pay Equity Commissioner considers would be affected by the application. Denial of application (5) The Pay Equity Commissioner must deny the application if he or she is of the opinion that, if more than one pay equity plan were to be established it would not be possible for the employer or group of employers, or a pay equity committee, as the case may be, to identify enough predominantly male job classes for a comparison of compensation to be made under section 47 in respect of each of those pay equity plans. Approval of application (6) If the Pay Equity Commissioner approves the application, the employer or group of employers, as the case may be, must establish, in accordance with this Act, each of the pay equity plans whose establishment is approved.
Pay Equity Act — P-4.2 31
Steps to be followed 31 The purpose of this Part is to set out the steps leading to the establishment of a pay equity plan.
Pay Equity Act — P-4.2 32
Job classes 32 An employer — or, if a pay equity committee has been established, that committee — must start by identifying the job class of positions occupied or that may be occupied by employees to whom the pay equity plan relates. Subject to section 34 , positions are considered to be in the same job class if (a) they have similar duties and responsibilities; (b) they require similar qualifications; and (c) they are part of the same compensation plan and are within the same range of salary rates.
Pay Equity Act — P-4.2 33
One-position job classes 33 A job class may consist of only one position.
Pay Equity Act — P-4.2 34
Job classes in core public administration 34 Positions in the core public administration that are at the same group and level comprise a single job class.
Pay Equity Act — P-4.2 35
Determination 35 Once an employer — or, if a pay equity committee has been established, that committee — has identified all of the job classes under section 32 , it must determine which of them are predominantly female job classes and which of them are predominantly male job classes.
Pay Equity Act — P-4.2 36
Predominantly female job classes 36 A job class is considered to be a predominantly female job class if (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 (c) the job class is one that is commonly associated with women due to gender-based occupational stereotyping.
Pay Equity Act — P-4.2 37
Predominantly male job classes 37 A job class is considered to be a predominantly male job class if (a) at least 60% of the positions in the job class are occupied by men; (b) historically, at least 60% of the positions in the job class were occupied by men; or (c) the job class is one that is commonly associated with men due to gender-based occupational stereotyping.
Pay Equity Act — P-4.2 38
Group of job classes 38 (1) An employer — or, if a pay equity committee has been established, that committee — may treat a group of job classes as a single predominantly female job class if at least 60% of the positions in the group are occupied by women. Interpretation (2) If an employer or pay equity committee, as the case may be, treats a group of job classes as a single predominantly female job class, this Act applies in respect of the group of job classes as if it were a single predominantly female job class, unless the context otherwise requires.
Pay Equity Act — P-4.2 39
Notice to Pay Equity Commissioner 39 If an employer — or, if a pay equity committee has been established, that committee — determines under section 35 that there is at least one predominantly female job class but that there are no predominantly male job classes, and no regulations have been made under paragraph 181 (1)(c), the employer must notify the Pay Equity Commissioner of that determination.
Pay Equity Act — P-4.2 40
Application of regulations 40 If regulations have been made under paragraph 181 (1)(c), those regulations apply in place of sections 41 to 50 .
Pay Equity Act — P-4.2 41
Determination 41 (1) If an employer — or, if a pay equity committee has been established, that committee — determines under section 35 that there is at least one predominantly female job class and at least one predominantly male job class, the employer or committee, as the case may be, must determine the value of the work performed in each of the predominantly female and predominantly male job classes determined under that section. Value already determined (2) For greater certainty, an employer or pay equity committee, as the case may be, may determine that the value of the work performed in each of the predominantly female and predominantly male job classes determined under section 35 is the value that has already been determined by means of a method that complies with the requirements set out in sections 42 and 43 and any other requirements that are prescribed by regulation. Group of job classes (3) If an employer or pay equity committee, as the case may be, treats a group of job classes as a predominantly female job class in accordance with section 38 , the value of the work performed in that job class is considered to be the value of the work performed in the individual predominantly female job class within the group that has the greatest number of employees. 2018, c. 27, s. 416 “41” 2018, c. 27, s. 417
Pay Equity Act — P-4.2 42
Criterion 42 The criterion to be applied in determining the value of the work performed is the composite of the skill required to perform the work, the effort required to perform the work, the responsibility required in the performance of the work and the conditions under which the work is performed.
Pay Equity Act — P-4.2 43
Method 43 In addition, an employer — or, if a pay equity committee has been established, that committee — must, to determine the value of the work performed, use a method that (a) does not discriminate on the basis of gender; and (b) makes it possible to determine the relative value of the work performed in all of the predominantly female and predominantly male job classes determined under section 35 .
Pay Equity Act — P-4.2 44
Calculation 44 (1) An employer — or, if a pay equity committee has been established, that committee — must calculate the compensation, expressed in dollars per hour, associated with each job class for which it has determined, under section 41 , the value of the work performed. Group of job classes (2) If an employer or pay equity committee, as the case may be, treats a group of job classes as a predominantly female job class in accordance with section 38 , the compensation associated with that job class is considered to be the compensation associated with the individual predominantly female job class within the group that has the greatest number of employees. Salary (3) For the purpose of determining salary in the calculation of the compensation associated with a job class, the salary at the highest rate in the range of salary rates for positions in the job class is to be used.
Pay Equity Act — P-4.2 45
Exclusions from compensation 45 An employer — or, if a pay equity committee has been established, that committee — may exclude from the calculation of compensation, with respect to each job class in respect of which compensation is required to be calculated, any form of compensation that is equally available, and provided without discrimination on the basis of gender, in respect of all of those job classes.
Pay Equity Act — P-4.2 46
Differences in compensation excluded 46 An employer — or, if a pay equity committee has been established, that committee — must exclude from the calculation of compensation associated with a job class any differences in compensation that either increase or decrease compensation in any or all positions in that job class as compared with the compensation that would otherwise be associated with the position, if the differences are based on any one or more of the following factors and those factors have been designed and are applied so as not to discriminate on the basis of gender: (a) the existence of a system of compensation that is based on seniority or length of service; (b) the practice of temporarily maintaining an employee’s compensation following their reclassification or demotion to a position that has a lower rate of compensation until the rate of compensation for the position is equivalent to or greater than the rate of compensation payable to the employee immediately before the reclassification or demotion; (c) a shortage of skilled workers that causes an employer to temporarily increase compensation due to its difficulty in recruiting or retaining employees with the requisite skills for positions in a job class; (d) the geographic area in which an employee works; (e) the fact that an employee is in an employee development or training program and receives compensation at a rate different than that of an employee doing the same work in a position outside the program; (f) the non-receipt of compensation — in the form of benefits that have a monetary value — due to the temporary, casual or seasonal nature of a position; (g) the existence of a merit-based compensation plan that is based on a system of formal performance ratings and that has been brought to the attention of the employees; or (h) the provision of compensation for extra-duty services, including compensation for overtime, shift work, being on call, being called back to work and working or travelling on a day that is not a working day.
Pay Equity Act — P-4.2 47
Comparison 47 An employer — or, if a pay equity committee has been established, that committee — that has calculated under section 44 the compensation associated with each job class must, using the compensation so calculated, compare, in accordance with sections 48 to 50 , the compensation associated with the predominantly female job classes with the compensation associated with the predominantly male job classes, for the purpose of determining whether there is any difference in compensation between those job classes.
Pay Equity Act — P-4.2 48
Compensation comparison methods 48 (1) The comparison of compensation must be made in accordance with the equal average method set out in section 49 or the equal line method set out in section 50 . Other methods (2) Despite subsection (1), (a) if an employer determines that neither of the methods referred to in that subsection can be used, the employer must (i) apply to the Pay Equity Commissioner for authorization to use a method for the comparison of compensation that is prescribed by regulation or, if the regulations do not prescribe a method or the employer is of the opinion that the prescribed method cannot be used, a method that it proposes, and (ii) use the method for the comparison of compensation that the Pay Equity Commissioner authorizes; and (b) if a pay equity committee determines that neither of the methods referred to in that subsection can be used, the committee must use a method for the comparison of compensation that is prescribed by regulation or, if the regulations do not prescribe a method or the committee is of the opinion that the prescribed method cannot be used, a method that it considers appropriate.
Pay Equity Act — P-4.2 49
is equal to the compensation or average compensation referred to subparagraph (a)(i), (ii) or (iii), as the case may be. Definition of band (2) In this section, band means a range, as determined by an employer or pay equity committee, as the case may be, of values of work that the employer or committee considers comparable.
Pay Equity Act — P-4.2 50
Equal line method 50 (1) An employer or pay equity committee, as the case may be, that uses the equal line method of comparison of compensation must apply the following rules: (a) a female regression line must be established for the predominantly female job classes and a male regression line must be established for the predominantly male job classes; (b) the compensation associated with a predominantly female job class is to be increased only if (i) the female regression line is entirely below the male regression line, and (ii) the predominantly female job class is located below the male regression line; (c) if the compensation associated with a predominantly female job class is to be increased, the increase is to be determined by multiplying the factor calculated in accordance with the regulations by an amount equal to the difference between the compensation associated with the predominantly female job class and the compensation associated with a predominantly male job class, were such a job class located on the male regression line, in which the value of the work performed is equal to that of the predominantly female job class; and (d) an increase in compensation associated with the predominantly female job classes is to be made in such a way that, after the increase, the female regression line coincides with the male regression line. Crossed regression lines (2) Despite paragraphs (1)(b) to (d), if the female regression line crosses the male regression line, an employer or pay equity committee, as the case may be, must apply the rules for the comparison of compensation that are prescribed by regulation.
Pay Equity Act — P-4.2 51
Contents of plan 51 A pay equity plan must (a) indicate the number of pay equity plans required to be established in respect of the employer’s employees or, if the employer is in a group of employers, in respect of the employees of the employers in the group; (b) indicate the number of employees that the employer — or, in the case of a group of employers, each employer in the group — was considered to have for the purpose of determining whether a pay equity committee was required to be established in respect of the pay equity plan; (c) indicate whether a pay equity committee has been established and, if so, whether it meets the requirements set out in subsection 19 (1) or, if not, whether the employer or group of employers, as the case may be, obtained the authorization of the Pay Equity Commissioner to establish a pay equity committee with different requirements; (d) set out a list of the job classes that have been identified to be job classes of positions occupied or that may be occupied by employees to whom the pay equity plan relates; (e) indicate whether any job classes referred to in paragraph (d) were determined to be predominantly female job classes and, if so, set out a list of those job classes; (f) indicate whether any job classes referred to in paragraph (d) were determined to be predominantly male job classes and, if so, set out a list of those job classes; (g) indicate whether a group of job classes has been treated as a single predominantly female job class and, if so, set out a list of the job classes referred to in paragraph (d) that are included in the group of job classes and identify the individual predominantly female job class within the group that was used for the purpose of subsections 41 (3) and 44 (2); (h) if there was a determination of the value of work performed in certain job classes, then, for each of those job classes, describe the method of valuation that was used and set out the results of the valuation; (i) indicate any job classes in which differences in compensation have been excluded from the calculation of compensation under section 46 and give the reasons why; (j) if a comparison of compensation was made, indicate which of the methods referred to in subsection 48 (1) was used to make the comparison — or, if neither was used, explain why not and describe the method that was used — and set out the results of the comparison; (k) identify each predominantly female job class that requires an increase in compensation under this Act and describe how the employer — or, in the case of a group of employers, each employer in the group — will increase the compensation in that job class and the amount, in dollars per hour, of the increase; (l) set out the date on which the increase in compensation, or the first increase, as the case may be, is payable under this Act; and (m) provide information on the dispute resolution procedures that are available under Part 8 to employees to whom the pay equity plan relates, including any timelines.