GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pay Equity Regulations — a
His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Labour, pursuant to subsection 181(1) of the Pay Equity Act a , makes the annexed Pay Equity Regulations . a S.C. 2018, c. 27, s. 416
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Definitions 1 The following definitions apply in these Regulations. Act means the Pay Equity Act . ( Loi ) band has the same meaning as in subsection 49(2) of the Act. ( bande ) frozen , in respect of compensation associated with a job class, means that the compensation includes (a) salary at a rate that is continued in force under section 107 of the Federal Public Sector Labour Relations Act ; (b) salary at a rate set out in a collective agreement applicable to a bargaining unit for which a strike may be declared or authorized without contravening subsection 194(1) of that Act or for which the conditions in paragraphs 89(1)(a) to (d) of the Canada Labour Code are met; or (c) salary at a rate that (i) under section 56 of the Federal Public Sector Labour Relations Act , cannot be altered except under a collective agreement or with the consent of the Federal Public Sector Labour Relations and Employment Board, (ii) under subsection 24(4) of the Canada Labour Code , cannot be altered except pursuant to a collective agreement or with the consent of the Canada Industrial Relations Board, or (iii) under paragraph 50(b) of the Canada Labour Code , cannot be altered without the consent of the bargaining agent. ( gelée )
Pay Equity Regulations — Pay Equity Regulations
band has the same meaning as in subsection 49(2) of the Act. ( bande )
Pay Equity Regulations — (a)
frozen , in respect of compensation associated with a job class, means that the compensation includes (a) salary at a rate that is continued in force under section 107 of the Federal Public Sector Labour Relations Act ; (b) salary at a rate set out in a collective agreement applicable to a bargaining unit for which a strike may be declared or authorized without contravening subsection 194(1) of that Act or for which the conditions in paragraphs 89(1)(a) to (d) of the Canada Labour Code are met; or (c) salary at a rate that (i) under section 56 of the Federal Public Sector Labour Relations Act , cannot be altered except under a collective agreement or with the consent of the Federal Public Sector Labour Relations and Employment Board, (ii) under subsection 24(4) of the Canada Labour Code , cannot be altered except pursuant to a collective agreement or with the consent of the Canada Industrial Relations Board, or (iii) under paragraph 50(b) of the Canada Labour Code , cannot be altered without the consent of the bargaining agent. ( gelée )
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References to employers 2 If a group of employers is recognized by the Pay Equity Commissioner as a single employer under section 106 of the Act, every reference in sections 10, 14 and 15, subsection 16(1), sections 18 to 20 and 22, subsections 23(1) to (6) and sections 24 to 26, 28 to 31, 38.1, 39 and 41 to 46.1 to an employer is, in respect of the group of employers, to be read as a reference to that group of employers unless the context otherwise requires. SOR/2024-101, s. 1
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Format and place 3 A document that is required under the Act to be posted must be posted in printed or electronic form and in such a way as to be readily available to all employees to whom the document relates. A document in printed format must be posted in a conspicuous place.
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Accessibility 4 If an employee to whom a document that is required to be posted under the Act relates has a disability as defined in section 2 of the Accessible Canada Act , that document must be posted in a form that is accessible to that employee.
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Information to be provided 5 An employer that posts in electronic form a document that it is required to post under the Act must provide the employees to whom the document relates with any information necessary to enable them to access the document.
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Date of posting 6 An employer that makes any posting under the Act must indicate in the posting the date on which the posting is made.
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Notice — employer’s obligation 7 (1) An employer that is required to post a notice under subsection 14(1) or (2) of the Act must do so within 60 days after the day on which it becomes subject to the Act. Duration of posting (2) The employer must keep the notice posted until it posts the final version of the pay equity plan in accordance with subsection 55(1) or paragraph 57(2)(b) or 94(1)(b) of the Act, until it posts a notice under subsection 15(1) or (2) of the Act or until it becomes required under subsection 30(6) of the Act to establish more than one pay equity plan.
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Notice — group of employers’ obligation 8 (1) An employer that is in a group of employers and that is required to post a notice under subsection 15(1) or (2) of the Act must do so (a) within 60 days after the day on which the Pay Equity Commissioner recognizes the group as a single employer under section 106 of the Act if the group of employers becomes subject to the Act, for the purposes of subsection 55(1) and paragraphs 61(1)(b) and 89(2)(b) of the Act, less than 60 days after the day on which they are recognized; and (b) by the date on which the group of employers becomes subject to the Act, for the purposes referred to in paragraph (a), if that date is 60 days or more after the day on which the Pay Equity Commissioner recognizes the group as a single employer under section 106 of the Act. Duration of posting (2) The employer must keep the notice posted until each employer in the group of employers posts the final version of the pay equity plan in accordance with subsection 55(1) or paragraph 57(2)(b) of the Act, until the employer posts a notice under subsection 14(1) or (2) of the Act or until the group of employers becomes required under subsection 30(6) of the Act to establish more than one pay equity plan. SOR/2024-101, s. 2
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Notice — establishment of plan without committee 9 (1) An employer that is required, under section 25, 26, 28 or 29 of the Act, to post a notice of the establishment of a pay equity plan without a pay equity committee must do so within 60 days after the day on which the Pay Equity Commissioner approves the establishment of the plan without a committee. Duration of posting (2) The employer must keep the notice posted until it posts the final version of the pay equity plan in accordance with subsection 55(1) or paragraph 57(2)(b) or 94(1)(b) of the Act.
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Prohibited comparison — frozen compensation 10 In carrying out the comparison of compensation under sections 47 to 50 of the Act, an employer — or, if a pay equity committee has been established, that committee — must ensure that no comparison is made between frozen compensation associated with a predominantly female or predominantly male job class and compensation that is not frozen and that is associated with a predominantly female or predominantly male job class in which unionized employees occupy positions, unless the salary rate that is used to determine salary in the calculation of the frozen compensation associated with a job class is (a) the salary rate obtained by adding, to the highest salary rate in the range of salary rates for positions in the job class, the product obtained by multiplying (i) the salary at the highest rate in the range of salary rates for positions in the job class by (ii) the average percentage by which, since the compensation associated with the job class became frozen, the salary for positions in job classes that contain positions occupied by unionized employees in respect of whom the pay equity plan applies and who are governed by a collective agreement that is not expired has increased; or (b) if a pay equity committee has been established, the salary rate determined using a method other than the one set out in paragraph (a) that minimizes, to the extent possible, the differences in compensation that result only from the compensation associated with a job class being frozen.
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Calculation — equal average method 11 (1) The factor referred to in paragraph 49(1)(d) of the Act and the factor referred to in paragraph 28 (d) are determined by the formula ((A × B) − C) ÷ D where A is the number of predominantly female job classes within the band; B is, (a) if there is more than one predominantly male job class within the band, the average compensation associated with the predominantly male job classes within the band, (b) if there is only one predominantly male job class within the band, the compensation associated with that job class, or (c) if there are no predominantly male job classes within the band, the compensation calculated under paragraph 49(1)(b) of the Act or paragraph 28 (b), as the case may be; C is the sum of the compensation associated with the predominantly female job classes within the band; and D is the sum of the differences, for each predominantly female job class within the band whose compensation is less than the value determined for B, between the value of B and the compensation associated with the job class. Clarification (2) In the calculation of the factor referred to in paragraph 28 (d), references in subsection (1) to a predominantly male job class are to be read as references to a predominantly male job class chosen or created, as the case may be, under subsection 19 (1). SOR/2024-101, s. 3(F)
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for M in this subsection. Job class chosen or created (2) In the calculation of the factor referred to in paragraph 29 (1)(c), a reference in subsection (1) to a predominantly male job class is to be read as a reference to a predominantly male job class chosen or created, as the case may be, under subsection 19 (1).
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Clarification 13 The factors referred to in sections 11 and 12 must be calculated without regard either to the number of employees or to the number of positions in a job class.
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Choice of method 14 For the purposes of subsection 50(2) of the Act, the following rules apply: (a) an employer — or, if a pay equity committee has been established, that committee — must apply the rules set out in paragraphs 50(1)(b) to (d) of the Act, without taking into account subparagraph 50(1)(b)(i); and (b) if the application of the rules in paragraph (a) does not cause the regression lines to coincide without reducing the compensation associated with any job class, the employer or pay equity committee, as the case may be, must instead compare the compensation using (i) the equal average method set out in section 49 of the Act, (ii) the segmented line method set out in section 15 , or (iii) the sum of differences method set out in section 16 .
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Segmented line method 15 An employer or pay equity committee, as the case may be, that uses the segmented line method must apply the following rules: (a) the employer or pay equity committee must divide the predominantly female job classes and the predominantly male job classes into the following two segments: (i) one segment that includes the job classes in which the value of work performed is less than the value at which the regression lines established under paragraph 50(1)(a) of the Act intersect, and (ii) one segment that includes the job classes in which the value of work performed is equal to or greater than the value at which the regression lines established under that paragraph intersect; (b) for each segment, the employer or pay equity committee must establish a female regression line for the predominantly female job classes in the segment and a male regression line for the predominantly male job classes in the segment; (c) in a segment in which the female regression line is entirely below the male regression line, the employer or pay equity committee must apply the rules set out in paragraphs 50(1)(b) to (d) of the Act, and if the application of those rules does not cause the male and female regression lines to coincide without reducing the compensation associated with any job class, the employer or committee must use the equal average method set out in section 49 of the Act or the sum of differences method set out in section 16 to compare the compensation associated with all predominantly female job classes and predominantly male job classes; and (d) in a segment in which the female regression line crosses the male regression line, the employer or committee must apply the rules set out in paragraphs 50(1)(b) to (d) of the Act, without taking into account subparagraph 50(1)(b)(i), and if the application of those rules does not cause the male and female regression lines to coincide without reducing the compensation associated with any job class, the employer or committee must use the equal average method set out in section 49 of the Act or the sum of differences method set out in section 16 to compare the compensation associated with all predominantly female job classes and predominantly male job classes.
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Sum of differences method 16 (1) The employer or pay equity committee, as the case may be, that uses the sum of differences method must multiply, for each predominantly female job class that is located below the male regression line established under paragraph 50(1)(a) of the Act, the factor calculated in accordance with subsection (2) by the absolute value of 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. Factor (2) For the purposes of subsection (1), the factor is the result of the formula (A − B) ÷ C where A is the sum of the compensation associated with predominantly male job classes, were such job classes located on the male regression line, in which the value of the work performed is equal to that of the predominantly female job classes; B is the sum of the compensation associated with the predominantly female job classes or the value determined for A, whichever is less; and C is the sum of the absolute values of the differences, for each predominantly female job class that is located below the male regression line, between the compensation associated with the 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. Increase in compensation (3) The increase in compensation associated with a predominantly female job class located below the male regression line is the product calculated in accordance with subsection (1) in respect of that job class.
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Clarification 17 The segmented line method set out in section 15 and the sum of differences method set out in section 16 are to be applied without regard either to the number of employees or to the number of positions in a job class.
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Application 18 Sections 19 to 29 apply with respect to an employer — or, if a pay equity committee has been established, to that committee — for the determination of differences in compensation for the purposes of section 60 of the Act, if the employer or committee, as the case may be, has determined that there are no predominantly male job classes.
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Choice of method 19 (1) An employer — or, if a pay equity committee has been established, that committee — must use, to determine differences in compensation for the purposes of section 60 of the Act (a) at least three predominantly male job classes of its choice from another employer that meets the conditions set out in subsection (2); or (b) three fictional predominantly male job classes, each of which is created by the employer or committee based on a different typical job class set out in Schedule 1. Other employer (2) For the purposes of paragraph (1)(a), the other employer must meet the following conditions: (a) it must have at least three job classes that it — or, if a pay equity committee has been established by the other employer, that committee — has determined under section 35 of the Act to be predominantly male and for which the compensation has been calculated in accordance with sections 44 to 46 of the Act; and (b) it must agree to provide the employer — or, if a pay equity committee has been established by that employer, that committee — that has chosen to use those job classes with the data in its possession that is necessary to determine the value of work performed in those job classes and, for each job class chosen, with the salary at the highest rate in the range of salary rates for positions in the job class. Criteria (3) An employer — or, if a pay equity committee has been established, that committee — choosing job classes provided by another employer under paragraph (1)(a) must, to the extent possible, ensure that those job classes (a) come from an employer with characteristics similar to its own — or, in the case of a pay equity committee choosing job classes, those of the relevant employer — such as the following: (i) the two employers are part of the same industry, (ii) they operate in regions where the cost of living is similar, (iii) they have a similar number of employees, (iv) they have a similar proportion of unionized employees, and (v) they have similar compensation practices; and (b) are representative of the range of values of work performed in the job classes of that other employer, as determined by the other employer or the pay equity committee established by that employer, as the case may be, under section 41 of the Act. SOR/2024-101, s. 19 SOR/2024-101, s. 20(F)
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Determination of value of work 20 (1) An employer — or, if a pay equity committee has been established, that committee — must determine the value of the work performed in each predominantly female job class determined under section 35 of the Act and in each predominantly male job class chosen or created under subsection 19 (1). The value of the work performed in those predominantly male job classes is to be determined as if the work were performed in the course of the operations of the employer. Value already determined (2) For greater certainty, an employer or a pay equity committee, as the case may be, may determine that the value of the work performed in each of the predominantly female job classes determined under section 35 of the Act is the value that has already been determined by means of a method that complies with the requirements set out in sections 21 and 22 . Group of job classes (3) If an employer or a 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 of the Act, 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. SOR/2024-101, s. 20(F)
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Criterion 21 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.
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Method 22 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 job classes determined under section 35 of the Act and in all of the predominantly male job classes chosen or created under subsection 19 (1). SOR/2024-101, s. 20(F)
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ociated with a predominantly female job class, the salary at the highest rate in the range of salary rates for positions in the job class is to be used; and (b) for the purpose of determining salary in the calculation of the compensation associated with a predominantly male job class, the salary at the highest rate in the range of salary rates for positions in the job class, provided by the employer from which the job class was chosen, is to be used. Salary — job classes created (6) If an employer or pay equity committee, as the case may be, uses predominantly male job classes created under paragraph 19 (1)(b), for the purposes of determining salary in the calculation of the compensation associated with a predominantly female job class, the salary at the highest rate in the range of salary rates for positions in the job class is to be used. Definition of full-time work (7) For the purposes of subsection (3), full-time work means 30 or more hours of work over a period of one week. SOR/2024-101, s. 4 SOR/2024-101, s. 19 SOR/2024-101, s. 20(F)
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Exclusions from compensation 24 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.
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Differences in compensation excluded 25 An employer — or, if a pay equity committee has been established, that committee — must exclude from the calculation of compensation associated with a predominantly female 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.