Parliamentary Employment and Staff Relations Act — P-1.3 86.5
Contravention 86.5 (1) The Pay Equity Commissioner may issue a notice of contravention to an employer, bargaining agent or other person, and must cause them to be served with the notice, if the Pay Equity Commissioner has reasonable grounds to believe that the employer, bargaining agent or other person has contravened a provision of, or an order made under, the Pay Equity Act or its regulations that is designated by regulations made under paragraph 127 (1)(a) of that Act. Clarification (2) For greater certainty, the notice may only be issued for the contravention of a provision of the Pay Equity Act or its regulations that applies with respect to an employer under section 86.3 or 86.4 of this Act or for the contravention of an order that is made under such a provision. Contents (3) The notice of contravention must (a) name the employer, bargaining agent or other person that is believed to have committed the contravention; (b) set out the relevant facts surrounding the contravention; (c) inform the employer, bargaining agent or other person of their right to contest the facts of the alleged contravention, by way of review, and specify the time within which and the manner in which to do so; and (d) inform the employer, bargaining agent or other person that, if they do not exercise their right referred to in paragraph (c) within the specified time or manner, they will be considered to have committed the contravention. Failure to act (4) An employer, bargaining agent or other person named in the notice that does not file a request for review within the specified time is considered to have committed the contravention. Request for review (5) The employer, bargaining agent or other person named in the notice may, within 30 days after the day on which the notice of contravention is served or within any longer period that the Pay Equity Commissioner allows, and in the manner specified in the notice, file a request for review of the acts or omissions that constitute the alleged contravention. Grounds for review (6) The request for review must state the grounds for review and set out the evidence that supports those grounds. Variation or cancellation of notice of contravention (7) At any time before a request for review is filed, the Pay Equity Commissioner may cancel the notice of contravention or correct an error in it. Completion of review (8) On completion of a review, the Pay Equity Commissioner must determine on a balance of probabilities whether the employer, bargaining agent or other person that requested the review committed the contravention. Contravention not committed — effect (9) If the Pay Equity Commissioner determines under subsection (8) that the employer, bargaining agent or other person did not commit the contravention, the proceedings commenced in respect of it are ended. Decision (10) The Pay Equity Commissioner must, on completion of the review, cause the employer, bargaining agent or other person to be served with a notice that sets out his or her decision and the reasons for it. Decision final (11) The decision made on completion of the review is final and is not to be questioned or reviewed in any court. Admissibility of documents (12) In the absence of evidence to the contrary, a document that appears to be a notice of contravention issued under subsection (1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a contravention. Service (13) The service of documents required or authorized under this section is governed by regulations made under paragraph 127 (1)(h) of the Pay Equity Act , but only to the extent that the regulations apply generally with respect to employers that are referred to in paragraph 3 (2)(a) of that Act. 2018, c. 27, s. 427