GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pay Equity Act — P-4.2 113
Authority — longer phase-in period 113 On receipt of an application referred to in subsection 63 (1), the Pay Equity Commissioner may, if he or she is of the opinion that it is justified on the basis that the employer has demonstrated extreme financial hardship, authorize the employer to phase in increases in compensation that are required to be made under a pay equity plan over a longer phase-in period than the one set out in paragraph 61 (2)(c) or (d) or 62 (4)(e) or (f).
Pay Equity Act — P-4.2 114
Provision of information or advice 114 The Pay Equity Commissioner may — or, if requested to do so by the Minister, must — provide the Minister with information or advice in respect of systemic or emerging pay equity issues.
Pay Equity Act — P-4.2 115
Special reports 115 (1) The Pay Equity Commissioner may — or, if requested to do so by the Minister, must — prepare a report to the Senate and the House of Commons in respect of issues arising from the administration and enforcement of this Act or in respect of systemic or emerging pay equity issues. Transmission of special reports (2) As soon as feasible, but in any case within three months after the end of the fiscal year in which the report is prepared, the Pay Equity Commissioner must cause the report to be transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses and provide the Minister and the Minister of Justice with a copy of the report.
Pay Equity Act — P-4.2 116
Provision of data to Minister 116 The Pay Equity Commissioner must provide the Minister, on the request of and in the form specified by the Minister, with any data that the Minister requires to evaluate whether the purpose of the Act is being met.
Pay Equity Act — P-4.2 117
Annual report 117 (1) The Pay Equity Commissioner must prepare an annual report to the Senate and the House of Commons on the administration and enforcement of this Act. The report may include information on systemic or emerging pay equity issues. Transmission of report and copy (2) Within three months after the end of each fiscal year, the Pay Equity Commissioner must cause the report to be transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses and provide the Minister and the Minister of Justice with a copy of the report.
Pay Equity Act — P-4.2 119
Power to order termination of contravention 119 If the Pay Equity Commissioner has reasonable grounds to believe that an employer, employee or bargaining agent is contravening or has contravened a provision of this Act or the regulations, or an order of the Pay Equity Commissioner or the Tribunal issued under this Act, he or she may, subject to subsections 118 (7) and (8), make an order in writing requiring the employer, employee or bargaining agent to terminate the contravention within the time specified in the order or to take any measures specified in the order, within the time specified in the order, to ensure that the contravention does not continue or reoccur. The order must specify the time within which and the manner in which it may be appealed.
Pay Equity Act — P-4.2 120
Internal audit order 120 (1) Subject to the regulations, the Pay Equity Commissioner may, in writing, for a purpose related to verifying compliance or preventing non-compliance with this Act, order an employer to (a) conduct an internal audit of its practices and records, reports, electronic data or other documents to determine whether the employer is in compliance with any provision of this Act or the regulations; and (b) provide a report of the results of the audit to the Pay Equity Commissioner. Contents of order (2) The Pay Equity Commissioner must, in the internal audit order, specify (a) the employer to which it applies; (b) the period of time to be covered by the internal audit; (c) the provisions of this Act or the regulations with respect to which the internal audit is being ordered; (d) the date by which the employer is to provide the report; and (e) the form of the report. Information to include in report (3) The Pay Equity Commissioner may also specify in the order that the report is to contain any information specified in the order that he or she considers appropriate. Report — non-compliance (4) If the employer determines that it has not complied with any provision referred to in the order, the employer must set out in the report the nature of the employer’s non-compliance and the measures that have been or will be taken by the employer to comply with the provision. Compliance audit not precluded (5) For greater certainty, nothing in this section precludes the Pay Equity Commissioner from conducting a compliance audit under section 118 .
Pay Equity Act — P-4.2 121
Powers — investigation or application 121 In the conduct of an investigation under this Act or the consideration of an application submitted under this Act, the Pay Equity Commissioner may (a) summon and enforce the appearance of persons before the Pay Equity Commissioner and compel them to give oral or written evidence on oath and to produce any record, report, electronic data or other document, or any information or thing, that the Pay Equity Commissioner considers necessary, in the same manner and to the same extent as a superior court of record; (b) administer oaths; (c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Pay Equity Commissioner sees fit, whether or not it is or would be admissible in a court of law; (d) enter any place — including a conveyance — other than a dwelling-house; (e) converse in private with any person in any place entered under paragraph (d) and otherwise carry out in that place any inquiries that the Pay Equity Commissioner sees fit; and (f) exercise any of the powers referred to in any of paragraphs 118 (3)(b) to (g).
Pay Equity Act — P-4.2 122
Means of telecommunication 122 (1) For the purposes of subsection 118 (3) and section 121 , the Pay Equity Commissioner is considered to have entered a place when accessing it remotely by a means of telecommunication. Limitation — place not accessible to the public (2) If the Pay Equity Commissioner accesses remotely, by a means of telecommunication, a place that is not accessible to the public, he or she must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose of the compliance audit or the investigation, as the case may be.
Pay Equity Act — P-4.2 123
Accompanying individual 123 The Pay Equity Commissioner may be accompanied by any other individual the Pay Equity Commissioner believes is necessary to help him or her exercise his or her powers or perform his or her duties or functions under section 118 or 121 .
Pay Equity Act — P-4.2 124
Assistance 124 The owner or other person in charge of a place entered by the Pay Equity Commissioner or his or her delegate under section 118 or 121 and every individual found in the place must give the Pay Equity Commissioner or the delegate, as the case may be, all reasonable assistance and provide the Pay Equity Commissioner or delegate with any information that the Pay Equity Commissioner or delegate may reasonably require.
Pay Equity Act — P-4.2 125
Meaning of penalty 125 In this Part, penalty means an administrative monetary penalty imposed under this Part for a violation.
Pay Equity Act — P-4.2 126
Purpose of penalty 126 The purpose of a penalty is to promote compliance with this Act and not to punish.
Pay Equity Act — P-4.2 127
Regulations 127 (1) The Governor in Council may make regulations (a) designating, as a violation that may be proceeded with in accordance with this Part, (i) the contravention of any specified provision of this Act or the regulations, or (ii) the contravention of any order made or issued under any provision of this Act or the regulations; (b) classifying each violation as a minor violation, a serious violation or a very serious violation; (c) fixing a penalty, or a range of penalties, in respect of each violation, penalties which may be different for employers, groups of employers, bargaining agents and other persons; (d) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established; (e) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be reduced; (f) establishing the time and manner for paying a penalty; (g) respecting the determination of a lesser amount than the penalty imposed that may be paid in complete satisfaction of the penalty if paid within the time and manner prescribed by regulation; (h) respecting the service of documents required or authorized under this Part, including the documents or types of documents that must be served, the manner and proof of service and the circumstances under which documents are deemed to be served; (i) respecting who can request a review in respect of a notice of violation or penalty and the manner of making the request; and (j) specifying information for the purposes of section 146 . Maximum penalty (2) The maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)(c) is (a) $30,000 for an employer that, at the time the notice of violation is served, (i) is considered to have 10 to 99 employees for the purposes of paragraph 8 (a) or 9 (a), as the case may be, or (ii) if the employer has posted one or more notices referred to in subsection 65 (1), is considered to have less than 100 employees for the purposes of paragraph 69 (b) or 70 (b), as the case may be, in respect of the most recently-posted notice; (b) $30,000 for a bargaining agent representing some or all of the unionized employees of an employer referred to in paragraph (a); (c) $50,000 for an employer that, at the time the notice of violation is served, (i) is considered to have 100 or more employees for the purposes of paragraph 8 (b) or 9 (b), as the case may be, or (ii) if the employer has posted one or more notices referred to in subsection 65 (1), is considered to have 100 or more employees for the purposes of paragraph 69 (a) or 70 (a), as the case may be, in respect of the most recently-posted notice; or (d) $50,000 for a bargaining agent representing some or all of the unionized employees of an employer referred to in paragraph (c).
Pay Equity Act — P-4.2 128
Powers regarding notices of violation 128 The Pay Equity Commissioner may (a) establish the form of notices of violation; and (b) establish, in respect of each violation, a short-form description to be used in notices of violation.
Pay Equity Act — P-4.2 129
Violations 129 Every employer, group of employers, bargaining agent or other person that contravenes a provision or order designated by regulations made under paragraph 127 (1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with regulations made under paragraph 127 (1)(c).
Pay Equity Act — P-4.2 130
Liability of parties to violation 130 If an employer or bargaining agent commits a violation, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the employer or bargaining agent has been proceeded against in accordance with this Part: (a) any officer, director, agent or mandatary of the employer or bargaining agent; (b) any senior official of the employer or bargaining agent; or (c) any other person authorized to exercise managerial or supervisory functions on behalf of the employer or bargaining agent.
Pay Equity Act — P-4.2 131
Employees or agents or mandataries 131 An employer or bargaining agent is liable for a violation that is committed by any of their employees or agents or mandataries acting in the course of their employment or the scope of their authority as agent or mandatary, whether or not the employee or agent or mandatary that actually committed the violation is identified.
Pay Equity Act — P-4.2 132
Notice of violation 132 (1) If the Pay Equity Commissioner has reasonable grounds to believe that an employer, group of employers, bargaining agent or other person has committed a violation, he or she may issue a notice of violation and must cause it to be served on the employer, each employer in the group of employers, the bargaining agent or the other person. Contents (2) The notice of violation must (a) name the employer, bargaining agent or other person that is believed to have committed the violation or, if it is believed that a group of employers committed, the violation, each employer in that group; (b) set out the relevant facts surrounding the violation; (c) set out the penalty for the violation; (d) set out any lesser amount determined in accordance with the regulations that may be paid in complete satisfaction of the penalty if paid within the time and in the manner prescribed by regulation; (e) inform the employer, group of employers, bargaining agent or other person of their right to contest the facts of the alleged violation, the penalty or both, by way of review, and specify the time within which and the manner in which to do so in accordance with section 139 ; (f) inform the employer, group of employers, bargaining agent or other person of the time within which and manner in which the penalty set out in the notice is to be paid; and (g) inform the employer, each employer in the group of employers, the bargaining agent or the other person that, if they do not pay the penalty or exercise their right referred to in paragraph (e) within the time and in the manner prescribed by regulation, they will be considered to have committed the violation and that they are liable for the penalty set out in the notice.
Pay Equity Act — P-4.2 133
Certain defences not available 133 (1) An employer, group of employers, bargaining agent or other person named in a notice of violation does not have a defence by reason that the employer, group of employers, bargaining agent or other person (a) exercised due diligence to prevent the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the employer, group of employers, bargaining agent or other person. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse if the act or omission to which the violation relates could have been the subject of a charge for an offence under this Act but for section 135 applies in respect of a violation to the extent that it is not inconsistent with this Act.
Pay Equity Act — P-4.2 134
Continuing violation 134 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
Pay Equity Act — P-4.2 135
For greater certainty 135 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.
Pay Equity Act — P-4.2 136
Limitation period 136 (1) No notice of violation may be issued in respect of a violation more than two years after the day on which the Pay Equity Commissioner becomes aware of the acts or omissions that constitute the alleged violation. Certification by Pay Equity Commissioner (2) A document appearing to have been issued by the Pay Equity Commissioner, certifying the day on which the acts or omissions that constitute the alleged violation became known to him or her, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Pay Equity Commissioner became aware of the acts or omissions on that day.
Pay Equity Act — P-4.2 137
Notices with penalty — payment 137 If a notice of violation sets out a penalty and the employer, group of employers, bargaining agent or other person named in the notice pays, within the time and in the manner specified in the notice, the amount of the penalty or the lesser amount set out in the notice, (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Pay Equity Commissioner must accept that amount in complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation are ended.
Pay Equity Act — P-4.2 138
Failure to act 138 (1) An employer, bargaining agent or other person that neither pays a penalty set out in a notice of violation nor requests a review within the specified time is considered to have committed the violation and is liable for the penalty. Failure to act — group of employers (2) If a group of employers does not pay a penalty set out in a notice of violation or request a review within the specified time, each employer in the group of employers is considered to have committed the violation and is liable for the penalty.
Pay Equity Act — P-4.2 139
Request for review 139 (1) Instead of paying the penalty set out in a notice of violation or the lesser amount that may be paid in lieu of the penalty, the employer, group of employers, bargaining agent or other person named in the notice may, within 30 days after the day on which the notice 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 violation or of the amount of the penalty, or both. Grounds for review (2) The request for review must state the grounds for review and describe the evidence that supports those grounds.
Pay Equity Act — P-4.2 140
Variation or cancellation of notice of violation 140 At any time before a request for review is filed in accordance with section 139 , the Pay Equity Commissioner may cancel the notice of violation or correct an error in it.
Pay Equity Act — P-4.2 141
Review 141 On receipt of a request for review made under section 139 , the Pay Equity Commissioner must review the facts of the alleged violation, the penalty or both, as the case may be.
Pay Equity Act — P-4.2 142
Completion of review 142 (1) On completion of a review requested under section 139 , the Pay Equity Commissioner must determine on a balance of probabilities whether, as the case may be, the employer, group of employers, bargaining agent or other person that requested the review committed the violation, the amount of the penalty was determined in accordance with regulations made under subsection 127 (1), or both. Violation not committed — effect (2) If the Pay Equity Commissioner determines under subsection (1) that the employer, group of employers, bargaining agent or other person did not commit the violation, the proceedings commenced in respect of it are ended. Review — with respect to facts (3) On completion of a review with respect to the acts or omissions that constitute the alleged violation, if the Pay Equity Commissioner determines that the employer, group of employers, bargaining agent or other person committed the violation, the Pay Equity Commissioner may determine whether the amount of the penalty was determined in accordance with regulations made under subsection 127 (1) and if he or she determines that it was not correctly determined, he or she must correct the amount. Review — with respect to penalty (4) On completion of a review with respect to the amount of the penalty, if the Pay Equity Commissioner determines that the amount of the penalty was not determined in accordance with the regulations, he or she must correct the amount. Decision (5) The Pay Equity Commissioner must cause the employer, each employer in the group of employers, the bargaining agent or the other person to be served with a notice that sets out his or her decision under this section and the reasons for it and, if the amount of the penalty was confirmed or corrected by the Pay Equity Commissioner, informs the employer, each employer in the group of employers, the bargaining agent or the other person of the time within which and the manner in which the penalty is to be paid. Obligation to pay (6) The employer, each employer in the group of employers, the bargaining agent or the other person is liable to pay, within the time and in the manner specified in the notice, the amount of the penalty confirmed or corrected by the Pay Equity Commissioner. Effect of payment (7) If the employer, any employer in the group of employers, the bargaining agent or the other person pays the amount referred to in subsection (6), the Pay Equity Commissioner must accept the amount in complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended. Decision final (8) A decision made under this section is final and is not to be questioned or reviewed in any court.
Pay Equity Act — P-4.2 143
Debt to Her Majesty 143 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount of a penalty, from the time the notice of violation setting out the amount of the penalty is served; and (b) the amount of a penalty confirmed or corrected in the Pay Equity Commissioner’s notice of decision served under subsection 142 (5), from the expiry of the time specified in the notice. Limitation or prescription period (2) No proceedings to recover the debt may be commenced after the expiry of five years after the day on which the debt became payable. Debt final (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by section 140 or 142 .
Pay Equity Act — P-4.2 144
Certificate 144 (1) Any debt referred to in subsection 143 (1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Pay Equity Commissioner. Registration (2) Registration in the Federal Court of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
Pay Equity Act — P-4.2 145
Admissibility of documents 145 In the absence of evidence to the contrary, a document that appears to be a notice of violation served under subsection 132 (1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.
Pay Equity Act — P-4.2 146
Publication 146 The Pay Equity Commissioner may make public (a) the name of an employer, each employer in a group of employers or a bargaining agent that is determined under section 142 , or that is deemed by this Act, to have committed a violation; (b) the nature of the violation; (c) the amount of the penalty imposed; and (d) any other information specified by regulations made under paragraph 127 (1)(j).
Pay Equity Act — P-4.2 147
Notice of matters in dispute 147 If a pay equity committee is established under this Act in respect of a pay equity plan, and if the members of the committee who represent employees and the members of the committee who represent the employer do not agree in respect of a matter at any step leading to the establishment or updating, as the case may be, of the pay equity plan, the employer, a bargaining agent or a member who represents non-unionized employees may notify the Pay Equity Commissioner of the particulars of the matters in dispute and if they do so, they must, as soon as feasible, notify the members of the committee that they have notified the Pay Equity Commissioner.