Pay Equity Regulations — 57
Range — 10 to 99 employees 57 (1) The range of penalties in respect of a violation within a classification set out in column 1 of Part 1 of Schedule 3 is set out in column 2 for a first violation, in column 3 for a second violation and in column 4 for a third or subsequent violation, with respect to a violation committed by (a) an employer referred to in subparagraph 127(2)(a)(i) of the Act; (b) an employer referred to in subparagraph 127(2)(a)(ii) of the Act that has 10 or more employees at the time the notice of violation is served; (c) a group of employers for which the sum of the average of the number of employees of each of the employers in the group is at least 10 but less than 100; or (d) a bargaining agent representing some or all of the unionized employees of an employer referred to in paragraph (a) or (b) or of an employer that is in a group of employers referred to in paragraph (c). Sum of the averages (2) For the purposes of paragraph (1)(c) (a) if the employers in the group have posted one or more notices under subsection 66(1) or 66(2) of the Act at the time the notice of violation is served, the sum of the average is the one described in paragraph 71(b) of the Act; or (b) in any other case, the average is the one described in paragraph 9(a) or (b) of the Act that was used to determine the date on which the employer became subject to the Act, for each employer in the group of employers. Range — 100 to 499 employees (3) The range of penalties in respect of a violation within a classification set out in column 1 of Part 2 of Schedule 3 is set out in column 2 for a first violation, in column 3 for a second violation and in column 4 for a third or subsequent violation, with respect to a violation committed by (a) an employer referred to in paragraph 127(2)(c) of the Act whose average number of employees is at least 100 but less than 500; (b) a group of employers for which the sum of the average of the number of employees of each of the employers in the group is at least 100 but less than 500; or (c) a bargaining agent representing some or all of the unionized employees of an employer referred to in paragraph (a) or of an employer that is in a group of employers referred to in paragraph (b). Range — 500 employees or more (4) The range of penalties in respect of a violation within a classification set out in column 1 of Part 3 of Schedule 3 is set out in column 2 for a first violation, in column 3 for a second violation and in column 4 for a third or subsequent violation with, respect to a violation committed by (a) an employer referred to in paragraph 127(2)(c) of the Act whose average number of employees is 500 or more; (b) a group of employers for which the sum of the average of the number of employees of each of the employers in the group is 500 or more; or (c) a bargaining agent representing some or all of the unionized employees of an employer referred to in paragraph (a) or of an employer that is in a group of employers referred to in paragraph (b). Average (5) For the purposes of paragraphs (3)(a) and (4)(a) the average is (a) if the employer has posted one or more notices under subsection 65(1) of the Act at the time the notice of violation is served, the average described in paragraph 69(a) or 70(a) of the Act, as the case may be, in respect of the most recently posted notice; or (b) in any other case, the average described in paragraph 8(b) or 9(b) of the Act that was used to determine the date on which the employer became subject to the Act. Sum of the averages (6) For the purposes of paragraphs (3)(b) and (4)(b) (a) if the employers in a group of employers have posted one or more notices under subsection 66(1) of the Act at the time the notice of violation is served, the sum of the average is the one described in paragraph 71(a) of the Act; or (b) in any other case, the average is the one described in paragraph 9(a) or (b) of the Act that was used to determine the date on which the employer became subject