GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Sector Compensation Act — P-31.6 5
Transitional 5 Where, before or after the coming into force of section 3 of this Act but before that section ceases to be in force, an employee of a department or portion of the public service designated pursuant to paragraph 7.2(1)(a) of the Public Sector Compensation Act , as enacted by section 3 of this Act, becomes a surplus employee referred to in paragraph 7.2(1)(b) of the Public Sector Compensation Act , as enacted by section 3 of this Act, but has not yet ceased to be such an employee, the employee, on the coming into force of section 3 of this Act, becomes subject to the program within the meaning of section 7.2 of the Public Sector Compensation Act , as enacted by section 3 of this Act, and that section continues to apply to that employee, whether or not that section ceases to be in force.
Public Sector Compensation Act — P-31.6 6
Expiration 6 The provisions of the Public Sector Compensation Act , as enacted by this Part, cease to be in force on the expiration of three years after the coming into force of this section.
Public Sector Compensation Act — P-31.6 130
130 Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”: Civilian Review and Complaints Commission for the Royal Canadian Mounted Police Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada
Public Sector Compensation Act — P-31.6 131
131 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Portions of the Public Service”: Public Complaints and Review Commission Commission d’examen et de traitement des plaintes du public
Public Sector Equitable Compensation Act — P-31.65 Preamble
Preamble Whereas Parliament affirms that women in the public sector of Canada should receive equal pay for work of equal value;
Public Sector Equitable Compensation Act — P-31.65
Whereas Parliament affirms that it is desirable to accomplish that goal through proactive means;
Public Sector Equitable Compensation Act — P-31.65
And whereas employers in the public sector of Canada operate in a market-driven economy;
Public Sector Equitable Compensation Act — P-31.65
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Public Sector Equitable Compensation Act — P-31.65 1
Short title 1 This Act may be cited as the Public Sector Equitable Compensation Act .
Public Sector Equitable Compensation Act — P-31.65
bargaining agent means an employee organization that is certified by the Board as the bargaining agent for the employees in a bargaining unit. ( agent négociateur )
Public Sector Equitable Compensation Act — P-31.65
bargaining unit means a group of two or more employees that is determined by the Board to constitute a unit of employees appropriate for collective bargaining. ( unité de négociation )
Public Sector Equitable Compensation Act — P-31.65
Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act . ( Commission )
Public Sector Equitable Compensation Act — P-31.65
collective agreement means an agreement in writing, entered into under Part 1 of the Federal Public Sector Labour Relations Act between the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters. ( convention collective )
Public Sector Equitable Compensation Act — P-31.65 (a)
compensation means any form of remuneration payable for work performed by an employee and includes (a) salaries, commissions, vacation pay, severance pay and bonuses; (b) payments in kind; (c) employer contributions to pension funds or plans, long-term disability plans and all forms of health insurance plans; and (d) any other advantage received directly or indirectly from the employer. ( rémunération )
Public Sector Equitable Compensation Act — P-31.65 (a)
employee means a person who is employed by an employer, other than a person who is (a) appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act; or (b) locally engaged outside Canada. ( employé )
Public Sector Equitable Compensation Act — P-31.65 (a)
employer means Her Majesty in right of Canada as represented by (a) the Treasury Board, in the case of a department named in Schedule I to the Financial Administration Act or another portion of the federal public administration named in Schedule IV to that Act; and (b) the separate agency, in the case of a portion of the federal public administration named in Schedule V to the Financial Administration Act . ( employeur )
Public Sector Equitable Compensation Act — P-31.65
female predominant , in relation to a job group or a job class, means a job group or job class, as the case may be, composed of at least 70% female employees. ( à prédominance féminine )
Public Sector Equitable Compensation Act — P-31.65
job class means two or more positions in the same job group that have similar duties and responsibilities, require similar qualifications, are part of the same compensation plan and are within the same range of salary rates. ( catégorie d’emplois )
Public Sector Equitable Compensation Act — P-31.65
job group has the meaning assigned by the regulations. ( groupe d’emplois )
Public Sector Equitable Compensation Act — P-31.65
non-unionized employee means an employee who is not a member of a bargaining unit that is represented by a bargaining agent. ( employé non syndiqué )
Public Sector Equitable Compensation Act — P-31.65
prescribed means prescribed by regulation. ( Version anglaise seulement )
Public Sector Equitable Compensation Act — P-31.65
unionized employee means an employee who is a member of a bargaining unit that is represented by a bargaining agent. ( employé syndiqué )
Public Sector Equitable Compensation Act — P-31.65 3
Obligations of employers and bargaining agents 3 (1) An employer shall, in respect of its non-unionized employees, take measures to provide them with equitable compensation in accordance with this Act. In the case of unionized employees, the employer and the bargaining agent shall take measures to provide those employees with equitable compensation in accordance with this Act. Notice to employees (2) Every employer shall post, in the prescribed manner, a notice setting out the text of subsection (1) and describing the rights employees have under this Act.
Public Sector Equitable Compensation Act — P-31.65 5
Determining whether each job group is female predominant 5 Within each of the periods that is prescribed in respect of a job group, every employer that has non-unionized employees in that job group shall determine whether that job group is female predominant and, depending on the determination, comply with section 6 or 7 .
Public Sector Equitable Compensation Act — P-31.65 6
Determination — no female predominant job groups 6 (1) If an employer that has non-unionized employees determines that there are no female predominant job groups that contain at least the prescribed number of employees, the employer shall post, in the prescribed manner, for at least 90 days, a notice to that effect setting out the prescribed information. Dissatisfaction with employer’s determination (2) A non-unionized employee who is dissatisfied with his or her employer’s determination in the notice because the employee believes that he or she is part of a job group that contains at least the prescribed number of employees that is female predominant may, in the prescribed manner, so notify the employer within the prescribed period after the day on which the notice referred to in subsection (1) is first posted. Employer’s response (3) Within the prescribed period after the day on which the notice under subsection (2) is given, the employer shall consider the issues raised in the notice and provide the employee with a response in writing.
Public Sector Equitable Compensation Act — P-31.65 7
Determination — existence of female predominant job group 7 (1) If an employer that has non-unionized employees determines that a job group that contains at least the prescribed number of employees is female predominant, the employer shall (a) determine, by conducting an equitable compensation assessment, whether any equitable compensation matters exist involving non-unionized employees in that job group and, if there are, prepare a plan to resolve them within a reasonable time; and (b) provide non-unionized employees in that job group, in the prescribed manner, with a report that (i) sets out a summary of the activities conducted by the employer under paragraph (a) and of consultations, if any, carried out under that paragraph, (ii) describes how the equitable compensation assessment in respect of that job group was conducted, (iii) states whether or not the employer has determined that an equitable compensation matter exists involving non-unionized employees in that job group and, if there is, describing the matter, and (iv) sets out the plan prepared under paragraph (a), if one was prepared. Right of non-unionized employee (2) A non-unionized employee of that job group may, in the prescribed manner, within the prescribed period after the day on which the employer provides the employee with the report, request that the employer take appropriate steps to provide him or her with equitable compensation within a reasonable time if the employee is of the opinion that he or she will not receive equitable compensation because his or her employer has not prepared a plan under paragraph (1)(a) or, if one was prepared, the plan, in the employee’s opinion, does not provide for equitable compensation within a reasonable time. Response (3) Within the prescribed period after the day on which the request is made, the employer shall consider the matters raised in it and respond to the employee in writing. The employer shall indicate in the response whether it intends to take any measure as a result of the request and (a) if so, the period during which that measure is to be implemented; or (b) if not, the reasons for not doing so.
Public Sector Equitable Compensation Act — P-31.65 8
Implementation of plan 8 (1) An employer that has non-unionized employees and that provides a report under paragraph 7 (1)(b) or as a result of an order made under this Act — or under a response given under subsection 7 (3) or 9 (3) — that contains a plan shall implement the plan in accordance with its terms. When obligation ceases (2) Subsection (1) ceases to apply in respect of a plan if the employer subsequently provides another plan under this Act that deals with the same job group or job class, as the case may be.
Public Sector Equitable Compensation Act — P-31.65 9
Request concerning equitable compensation — job class 9 (1) A non-unionized employee of an employer may, in the prescribed manner, within the prescribed period, request that the employer take appropriate steps to provide him or her with equitable compensation within a reasonable time if the employee has reasonable grounds to believe (a) that he or she is a member of a female predominant job class; and (b) that an equitable compensation assessment conducted in respect of that job class would lead to the identification of an equitable compensation matter. Information that must be provided (2) The employee who makes the request shall, in the prescribed manner, provide the employer with a statement that (a) describes the female predominant job class of which the employee alleges he or she is a member; and (b) sets out the reasonable grounds that the employee has to believe the matters referred to in paragraphs (1)(a) and (b). Response (3) Within the prescribed period after the day on which the request is made, the employer shall consider the matters raised in it and respond to the employee in writing. The employer shall indicate in the response whether it intends to take any measure as a result of the request and (a) if so, the period during which that measure is to be implemented; or (b) if not, the reasons for not doing so.
Public Sector Equitable Compensation Act — P-31.65 10
Failure to comply 10 A non-unionized employee may, in a form acceptable to the Board, file a complaint with the Board if the employee is of the opinion that his or her employer has failed to comply with section 5 or subsection 6 (1) or (3), 7 (1) or (3), 8 (1) or 9 (3).
Public Sector Equitable Compensation Act — P-31.65 11
Dissatisfaction with employer’s response 11 (1) A non-unionized employee who is provided with a response under subsection 9 (3) may, in a form acceptable to the Board, within the prescribed period after the response is provided, file a complaint with the Board if (a) the employee is dissatisfied with any matter in the response; and (b) the employee has reasonable grounds to believe (i) that he or she is a member of a female predominant job class, and (ii) that an equitable compensation assessment conducted in respect of that job class would lead to the identification of an equitable compensation matter. Information that must be provided (2) The complaint must (a) describe the female predominant job class of which the employee alleges he or she is a member; and (b) set out the reasonable grounds that the employee has to believe the matters referred to in subparagraphs (1)(b)(i) and (ii). Accompanying documents (3) The complaint must be accompanied by a copy of (a) the employee’s request made under subsection 9 (1); and (b) the employer’s response given under subsection 9 (3).
Public Sector Equitable Compensation Act — P-31.65 12
Provision of statement setting out number of employees — collective agreement in force 12 (1) Within the prescribed period before the expiry of the term of a collective agreement between an employer and a bargaining agent and in the prescribed manner, the employer shall provide the bargaining agent with a statement that sets out, in respect of each job group that consists in whole or in part of members of bargaining units that are represented by the bargaining agent, the number of employees that form part of that job group and the number of employees in that job group that are males and the number that are females. If the bargaining agent has not already made the statement available to all those employees, the bargaining agent shall make a copy of it available to any of them who request it. Provision of statement setting out number of employees — no collective agreement (2) If there is no collective agreement between an employer and a bargaining agent but that bargaining agent has been certified to represent employees in a bargaining unit that consists in whole or in part of the employer’s employees, the employer shall, at the request of the bargaining agent, provide the bargaining agent with a statement that sets out, in respect of each job group that consists in whole or in part of employees who are members of that bargaining unit, the number of the employees that form part of that job group and the number of employees in that job group that are males and the number that are females. If the bargaining agent has not already made available any statement that it has received to all those employees, the bargaining agent shall make a copy of it available to any of them who request it.
Public Sector Equitable Compensation Act — P-31.65 13
Preparatory work 13 An employer and a bargaining agent shall, before collective bargaining begins, each conduct preparatory work to enable it, during collective bargaining, to raise or to respond to questions concerning the provision of equitable compensation to employees in female predominant job groups.
Public Sector Equitable Compensation Act — P-31.65 14
Notice describing female predominant job group 14 An employer or a bargaining agent that intends to negotiate collectively in respect of the provision of equitable compensation to employees in a female predominant job group shall, without delay, provide the other party with a notice that identifies the female predominant job group concerned.
Public Sector Equitable Compensation Act — P-31.65 15
Report in relation to equitable compensation matters 15 An employer or a bargaining agent that raises any equitable compensation matter in the course of collective bargaining in respect of a female predominant job group shall, without delay, provide the other party with a report that (a) identifies the female predominant job group to which the matter relates; (b) describes how the equitable compensation assessment was conducted in respect of that female predominant job group; and (c) sets out how the equitable compensation matter should be resolved.
Public Sector Equitable Compensation Act — P-31.65 16
Collective agreement 16 The provisions of a collective agreement between an employer and a bargaining agent in relation to equitable compensation may not be inconsistent with sections 113 and 238.19 of the Federal Public Sector Labour Relations Act . 2009, c. 2, s. 394 “16”; 2017, c. 9, s. 51
Public Sector Equitable Compensation Act — P-31.65 17
Request for arbitration 17 If arbitration has been chosen under subsection 103(1) of the Federal Public Sector Labour Relations Act as, or is, by reason of section 238.18 of that Act, the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for arbitration under subsection 136(1) of that Act. 2009, c. 2, s. 394 “17”; 2013, c. 40, s. 361; 2017, c. 9, s. 52; 2018, c. 24, s. 28
Public Sector Equitable Compensation Act — P-31.65 18
Obligations of arbitration body 18 The body seized of a request for arbitration under the Federal Public Sector Labour Relations Act that includes questions concerning the provision of equitable compensation to employees shall, in the absence of any agreement by the parties, determine whether any job group is female predominant and, if it determines that it is, determine how the equitable compensation assessment in respect of that job group is to be conducted. 2009, c. 2, s. 394 “18”; 2017, c. 9, s. 55
Public Sector Equitable Compensation Act — P-31.65 19
Arbitral award 19 (1) The body seized of a request for arbitration under the Federal Public Sector Labour Relations Act that includes equitable compensation matters shall, subject to sections 150 and 238.22 of that Act, make an arbitral award that sets out a plan to resolve those matters within a reasonable time. Report (2) As soon as feasible after making an arbitral award that sets out a plan referred to in subsection (1), the body making the award shall prepare and make available to the Chairperson of the Board, in the prescribed manner, a report that (a) sets out how the equitable compensation assessment in respect of every female predominant job group to which the award relates was conducted; and (b) if the body has decided that an equitable compensation matter exists, specifies whether or not that matter is to be resolved during the term of the arbitral award. Copy to employer and bargaining agent (3) On receipt of the report, the Chairperson of the Board shall, without delay, send a copy to the employer and the bargaining agent concerned and may cause the report to be published in any manner that the Chairperson considers appropriate. 2009, c. 2, s. 394 “19”; 2017, c. 9, s. 53
Public Sector Equitable Compensation Act — P-31.65 20
Request for conciliation 20 If conciliation has been chosen under subsection 103(1) of the Federal Public Sector Labour Relations Act as the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for conciliation under subsection 161(1) of that Act. 2009, c. 2, s. 394 “20”; 2013, c. 40, s. 362; 2017, c. 9, s. 55; 2018, c. 24, s. 29
Public Sector Equitable Compensation Act — P-31.65 21
Obligations of public interest commission seized of request for conciliation 21 A public interest commission seized of a request for conciliation under the Federal Public Sector Labour Relations Act that includes questions concerning the provision of equitable compensation to employees shall (a) determine, in the absence of any agreement by the parties, whether any job group is female predominant and, if it determines that it is, recommend how the equitable compensation assessment in respect of that job group should be conducted; and (b) include in its report, subject to section 177 of the Federal Public Sector Labour Relations Act , recommendations that, if accepted by the parties, would result in the provision of equitable compensation to the employees concerned. 2009, c. 2, s. 394 “21”; 2017, c. 9, s. 55
Public Sector Equitable Compensation Act — P-31.65 22
Obligation to prepare report 22 Before a bargaining agent submits a proposed collective agreement to employees for ratification, the employer and the bargaining agent shall jointly prepare and make available, in the prescribed manner, to the employees to whom the proposed collective agreement relates, a report that (a) sets out how the equitable compensation assessment in respect of every female predominant job group was conducted; and (b) if, in the course of the bargaining that led to the proposed collective agreement, the employer and the bargaining agent have determined that an equitable compensation matter exists, describes the matter and specifies whether that matter is to be resolved during the term of the proposed collective agreement and if not, the reasonable time within which it is to be resolved.
Public Sector Equitable Compensation Act — P-31.65 23
Failure to comply 23 A unionized employee may, in a form acceptable to the Board, file a complaint with the Board if the employee has reasonable grounds to believe that his or her employer or bargaining agent has failed to comply with section 12 .
Public Sector Equitable Compensation Act — P-31.65 24
Lack of equitable compensation 24 (1) An employee who is bound by a collective agreement entered into by an employer and a bargaining agent may, in a form acceptable to the Board, within 60 days after the day on which the collective agreement was entered into, file a complaint with the Board if (a) the employee has reasonable grounds to believe (i) that he or she is a member of a female predominant job class, and (ii) that an equitable compensation assessment conducted in respect of that job class would lead to the identification of an equitable compensation matter; and (b) the employee is of the opinion that he or she will not receive equitable compensation during the term of that collective agreement or within a reasonable period after the expiry of that term. Information that must be provided (2) The complaint must (a) describe the female predominant job class of which the employee alleges he or she is a member; and (b) set out the reasonable grounds the employee has to believe the matters referred to in subparagraphs (1)(a)(i) and (ii).
Public Sector Equitable Compensation Act — P-31.65 25
Application of Federal Public Sector Labour Relations Act 25 (1) The provisions of the Federal Public Sector Labour Relations Act apply, with any modifications that the circumstances require, in relation to any complaint or order made under this Act as though the complaint or order were a complaint or order, as the case may be, made under that Act. Regulations (2) The Board may make regulations concerning the procedure in respect of the making of complaints under this Act and any other matter that is incidental or conducive to the exercise of its powers and the performance of its duties and functions under this Act. 2009, c. 2, s. 394 “25”; 2013, c. 40, s. 443; 2017, c. 9, s. 55
Public Sector Equitable Compensation Act — P-31.65 26
Power to extend period 26 The Board may extend the period for filing a complaint under this Act by up to 60 days if it is satisfied that exceptional circumstances justify the extension.