Pay Equity Act — P-4.2 181
Regulations 181 (1) The Governor in Council may make regulations (a) exempting, with or without conditions, any employer, employee or position, or any class of employers, employees or positions, from the application of any provision of this Act; (b) prescribing a manner for determining the monetary value of any forms of remuneration payable for work performed by an employee, for the purpose of the calculation of the compensation associated with a job class; (c) respecting the obligations of an employer or, if a pay equity committee has been established, that committee, in regards to the determination of differences in compensation for the purpose of section 60 , when the employer or committee, as the case may be, has determined that there are no predominantly male job classes, including its obligations in relation to the determination, based on different criteria than those set out in sections 36 to 38 , of the predominantly female or predominantly male job classes; (d) providing for changes to the information required to be included in a pay equity plan under section 51 — or setting out additional information required to be included in it — as a result of regulations made under paragraph (c); (e) establishing methods of calculating factors for the purpose of paragraphs 49 (1)(d) and 50 (1)(c); (f) adapting the rules, criteria and factors set out in sections 32 to 50 for the purpose of their being applied under subsection 78 (1); (g) specifying, for the purpose of subsection 78 (1), any changes that are to be excluded for the purpose of the revision of a pay equity plan; (h) specifying the changes that are required to be included in the document referred to in subsection 79 (2); (i) respecting the posting of anything that is required to be posted under this Act, including the accessibility of the thing posted; (j) respecting lump sums under subsection 88 (2); (k) respecting the submission to the Pay Equity Commissioner, by employers, of any document that they are required to retain under this Act, including the time, manner and form in which they are to be submitted; (l) prescribing rules respecting the confidentiality or disclosure of any information obtained under this Act; (m) prescribing any additional conditions or parameters related to the use of internal audits referred to in section 120 ; (n) prescribing the time within which notices — other than a notice under section 147 or 148 — and applications are to be submitted to or filed with the Pay Equity Commissioner; (o) prescribing any conditions or criteria that an employer or group of employers must meet in order for the Pay Equity Commissioner to grant an authorization under section 108 , 109 or 112 ; (p) respecting the application of this Act with respect to any person appointed by a minister , as defined in section 172 , under subsection 128(1) of the Public Service Employment Act , including in order to (i) exempt from the application of any provision of this Act or the regulations, with or without conditions, all persons or classes of persons so appointed or any position or employer, class of positions or employers or minister’s office or grouping of ministers’ offices created by an order made under subsection 173 (1), and (ii) provide that any provision of this Act or the regulations applies to all persons or classes of persons so appointed or to any position or employer, class of positions or employers or minister’s office or grouping of ministers’ offices created by an order made under subsection 173 (1) in the manner and to the extent provided for in the regulations made under this paragraph and adapt that provision for the purpose of that application; (q) prescribing anything that is to be prescribed under this Act; and (r) generally, for carrying out the purposes and provisions of this Act. Adaptation of Act to certain employers (2) The Governor in Council may make regulations to adapt any provision of this Act or the regulations to accommodate employers refe