Pay Equity Act — P-4.2 62
started under paragraph (a) and end on the day on which the phase-in period ends, (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; (c) on the day after the day on which the employer posts the pay equity plan or plans in accordance with subsection 57 (2), the employer must make the increase indicated in the schedule that corresponds to that day, and then make any subsequent increases in accordance with the schedule; (d) the employer must (i) determine, for each employee, for the period beginning on the day on which the phase-in period is deemed to have started under paragraph (a) and ending on the day on which the employer posts the pay equity plan or plans in accordance with subsection 57 (2), or for any shorter period within that period during which the employee occupied a position referred to in section 60 , an amount in dollars equal to the amount of the increase or increases that would have been payable to the employee had the increase or increases been made, in accordance with the schedule, during that period, and (ii) pay to the employee, as a lump sum, the amount so determined, on the day after the day on which the employer posts the pay equity plan or plans in accordance with subsection 57 (2); (e) 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) subject to subparagraph (ii), the day after the sixth anniversary of the date referred to in subparagraph 61 (1)(a)(i) or paragraph 61 (1)(b), as the case may be, or (ii) in the case of an employer that, but for the authorization referred to in subsection 57 (2), would have been required to post the pay equity plan or plans in accordance with paragraph 94 (1)(b), the day after the day that is 54 months after the date on which the employer became subject to this Act; and (f) 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) subject to subparagraph (ii), the day after the eighth anniversary of the date referred to in subparagraph 61 (1)(a)(i) or paragraph 61 (1)(b), as the case may be, or (ii) in the case of an employer that, but for the authorization referred to in subsection 57 (2), would have been required to post the pay equity plan or plans in accordance with paragraph 94 (1)(b), the day after the day that is 78 months after the date on which the employer became subject to this Act. Interest (5) An employer that is required to pay a lump sum to an employee under subsection (2) or (3) or subparagraph (4)(d)(ii) must also (a) in the case of a lump sum paid under subsection (2) or (3), 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 55 or paragraph 94 (1)(b), as the case may be, and had not phased in the increase; and (b) in the case of a lump sum paid under subparagraph (4)(d)(ii), 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 — based on the schedule established in accordance with subsection (4). The interest is to be calculated and compounded daily on the amount, at the rate that is prescribed b