Pay Equity Act — P-4.2 118
Compliance audit 118 (1) The Pay Equity Commissioner may, for a purpose related to verifying compliance or preventing non-compliance with this Act or the regulations, conduct a compliance audit of any employer or bargaining agent on whom this Act imposes an obligation. Notification (2) The Pay Equity Commissioner must notify the employer or bargaining agent to be audited that he or she will commence a compliance audit. Powers (3) The Pay Equity Commissioner may, for the purpose of conducting a compliance audit, (a) enter any place — including a conveyance — other than a dwelling-house, in which he or she has reasonable grounds to believe there is any record, report, electronic data or other document, or any information or thing, relevant to that purpose; (b) examine any record, report, electronic data or other document or thing that is found in the place and make copies of it or take extracts from it; (c) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (b); (d) reproduce any document from any electronic data referred to in paragraph (b), or cause it to be reproduced, in the form of a printout or other output; (e) take the record, report or other document referred to in paragraph (b) or the printout or other output referred to in paragraph (d) for examination or copying; (f) use or cause to be used any copying equipment at the place to make copies of any document; and (g) order any person in the place to establish their identity to the Pay Equity Commissioner’s satisfaction, or to the satisfaction of the Pay Equity Commissioner’s delegate, as the case may be. Production of document or data (4) The Pay Equity Commissioner may make an order in writing requiring an employer or bargaining agent to produce for examination or reproduction all or part of any record, report, electronic data or other document that the Pay Equity Commissioner believes on reasonable grounds contain any information relevant to the purpose of conducting a compliance audit. Copies (5) The Pay Equity Commissioner may (a) make copies or take extracts from the record, report, electronic data or other document produced under an order made under subsection (4); and (b) reproduce any document from such electronic data, or cause it to be reproduced, in the form of a printout or other output. Additional powers (6) If, in the course of exercising the powers set out in subsection (3), the Pay Equity Commissioner identifies an issue that, in his or her opinion, requires investigation, he or she may exercise the powers set out in paragraphs 121 (a) to (e). Completion of compliance audit (7) On completion of a compliance audit, the Pay Equity Commissioner may (a) identify measures that the employer or bargaining agent is to take to remedy a non-compliance issue, and give notice, in writing, of those measures and the time within which they are to be taken to the employer or bargaining agent; or (b) if he or she does not identify measures under subsection (a), issue an order under section 119 . Order — failure to take measures (8) If the Pay Equity Commissioner is satisfied that the employer or bargaining agent, as the case may be, has not taken the measures identified in a notice under paragraph (7)(a) within the time specified in the notice, he or she may issue an order under section 119 .