Public Sector Equitable Compensation Act — P-31.65 4
Equitable compensation assessment 4 (1) An equitable compensation assessment under this Act assesses, without gender bias, the value of work performed by employees in a job group or a job class and identifies, by taking into account the prescribed factors, whether an equitable compensation matter exists. Determining value (2) The criteria to be applied in assessing the value of the work performed by employees in a job group or a job class are (a) the composite of the skill, effort and responsibility required in the performance of the work and the conditions under which the work is performed; and (b) the employer’s recruitment and retention needs in respect of employees in that job group or job class, taking into account the qualifications required to perform the work and the market forces operating in respect of employees with those qualifications. Precision (3) Subject to the regulations, an equitable compensation assessment in respect of a job group or job class is to be conducted having regard to (a) with the exception of a job group or job class described in paragraph (d), in the case of a job group or job class within a portion of the federal public administration, including a department, described in paragraph (a) of the definition employer in subsection 2(1), only job groups or job classes, as the case may be, within any of those portions of the federal public administration, other than job groups or job classes described in paragraph (d); (b) in the case of a job group or job class within a separate agency named in Schedule V to the Financial Administration Act , only job groups or job classes, as the case may be, within the separate agency; (c) in the case of a job group or job class within the Canadian Forces, only job groups or job classes, as the case may be, within the Canadian Forces that consist of officers and non-commissioned members of the Canadian Forces; and (d) in the case of a job group or job class within the Royal Canadian Mounted Police that consists of members of that organization, only job groups or job classes, as the case may be, within that organization that consist of such members. Equitable compensation matter (4) An equitable compensation matter exists in respect of a job group or a job class if an equitable compensation assessment determines, after taking into account the prescribed factors referred to in subsection (1), that equitable compensation is not being provided to employees in that job group or job class. Regulations (5) The Governor in Council may make regulations (a) respecting, for the purposes of subsection (1), the conducting of an equitable compensation assessment; (b) respecting, for the purposes of paragraph (2)(a), what constitutes the skill, effort and responsibility required in the performance of work and the conditions under which the work is performed; (c) respecting, for the purposes of paragraph (2)(b), what constitutes qualifications, and how an employer’s recruitment and retention needs are to be determined; and (d) restricting, for the purposes of subsection (3), the job groups or job classes to which an equitable compensation assessment is to have regard.