GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pay Equity Act — P-4.2 81
Revised pay equity plan and notice — group of employers 81 (1) Once the pay equity plan is revised, each employer in a group of employers must post, close together and all at once, the following documents: (a) the revised pay equity plan; (b) a draft of the document referred to in subsection 79 (2); and (c) a notice informing employees to whom the revised pay equity plan relates of their right to provide that group of employers — or, if a pay equity committee has been established, that committee — with comments on the documents referred to in paragraphs (a) and (b) and the time within which and the manner in which they may exercise that right. Same-day posting (2) Employers that are in a group of employers must all post the documents referred to in paragraphs (1)(a) to (c) on the same day.
Pay Equity Act — P-4.2 82
Written comments 82 (1) Employees to whom the revised pay equity plan and the draft of the document referred to in subsection 79 (2) relate have 60 days following the day on which they are posted to provide the employer — or, if a pay equity committee has been established, that committee — with written comments on them. Consideration of comments (2) The employer or pay equity committee, as the case may be, must consider any comments that have been provided under subsection (1) when preparing the final version of the revised pay equity plan and of the document referred to in subsection 79 (2).
Pay Equity Act — P-4.2 83
Final version — five-year maximum 83 (1) An employer — or, in the case of a group of employers, each employer in the group — must post the final version of the revised pay equity plan and of the document referred to in subsection 79 (2) no later than the fifth anniversary of the day on which the employer posted, as the case may be, (a) the pay equity plan in accordance with section 55 , subsection 57 (2) or paragraph 94 (1)(b); or (b) the previous final version of the revised pay equity plan and the previous final version of the document referred to in subsection 79 (2), in accordance with this subsection or subsection 85 (2). Same-day posting (2) Employers that are in a group of employers must all post, on the same day, the final version of the revised pay equity plan.
Pay Equity Act — P-4.2 84
Notice of increases 84 An employer must post, before the date on which an increase in compensation — and any lump sum — is payable under subsection 88 (4), a notice indicating that date.
Pay Equity Act — P-4.2 85
Extension of time limit for posting 85 (1) An employer may apply to the Pay Equity Commissioner for an extension of the period set out in subsection 83 (1) for the posting of a final version of the revised pay equity plan and of the document referred to in subsection 79 (2). Authorization of Pay Equity Commissioner (2) If the Pay Equity Commissioner authorizes an extension, the employer — or, in the case of a group of employers, each employer in the group — must (a) post, as soon as feasible after obtaining the authorization, a notice indicating the date on which the extended period ends; and (b) despite subsection 83 (1), post the final version of the revised pay equity plan and the document referred to in subsection 79 (2) within the extended period. Same-day posting (3) Employers that are in a group of employers must all post, on the same day, the final version of the revised pay equity plan.
Pay Equity Act — P-4.2 86
Updated pay equity plan 86 An employer is deemed to have updated a pay equity plan on the day on which it posts the revised pay equity plan in accordance with subsection 83 (1) or 85 (2), as the case may be.
Pay Equity Act — P-4.2 87
Updated pay equity plan — group of employers 87 A group of employers is deemed to have updated a pay equity plan on the day on which each employer in the group posts the revised pay equity plan in accordance with subsections 83 (1) and (2), or subsection 85 (2), as the case may be.
Pay Equity Act — P-4.2 88
ribed by regulation, for the period beginning on the day on which the amount would have been required to have been paid and ending on the day on which it is paid. Interest rate if none prescribed (7) If no regulations are made for the purpose of subsection (5) or (6), the rate of interest is the rate per annum that is the aggregate of 2% per annum and the bank rate in effect on the day in respect of which the interest is calculated. Former employees (8) The requirement under this section to pay a lump sum and interest to employees also applies to former employees who occupied a position referred to in subsection (1) during the period determined for the purpose of subsection (2) or set out in subsection (3), as the case may be.
Pay Equity Act — P-4.2 89
at paragraph applies, (i) the amount, in dollars per hour, of the increase and the percentage of the increase in the compensation of that job class that the increase represents, (ii) if applicable, the aggregate amount of all lump sums paid to employees under subsection 62 (2), subparagraph 62 (4)(d)(ii) or subsection 88 (2) or (3) and all interest paid on those amounts under subsection 62 (5) or 88 (5) or (6), (iii) the total number of employees occupying positions in that job class who are entitled to the increase and lump sum referred to in subparagraphs (i) and (ii), and (iv) among the employees referred to in subparagraph (iii), the total number of them who are women; and (h) any other information that is prescribed by regulation. First annual statement (3) The first annual statement must be submitted on or before June 30 — or during any other period that is prescribed by regulation — in the calendar year following, (a) subject to paragraph (b), the calendar year in which falls the third anniversary of the date referred to in subparagraph 61 (1)(a)(i) or paragraph 61 (1)(b), as the case may be; or (b) in the case of an employer that, but for the authorization granted in accordance with subsection 57 (2), would have been required to post a pay equity plan in accordance with paragraph 94 (1)(b), the calendar year in which falls the day that is 18 months after the date on which the employer became subject to this Act. Subsequent annual statements (4) Subsequent annual statements must be submitted on or before June 30 — or during any other period that is prescribed by regulation — in the calendar year following the calendar year in which the previous annual statement was submitted. Definition of year (5) For the purpose of paragraphs (1)(d) and (2)(d), year means, (a) in the case of an employer referred to in any of paragraphs 3 (2)(a) to (d), its fiscal year; and (b) in the case of an employer referred to in any of paragraphs 3 (2)(e) to (i), the calendar year.
Pay Equity Act — P-4.2 90
Private sector and territorial governments — establishment of pay equity plan 90 (1) An employer referred to in any of paragraphs 3 (2)(e) to (i) must (a) retain a copy of the final version of any pay equity plan that it posts in accordance with section 55 , subsection 57 (2) or paragraph 94 (1)(b) until the day on which it posts in accordance with section 83 or subsection 85 (2) the final version of the pay equity plan as first updated, or any later date that is prescribed by regulation; and (b) retain all records, reports, electronic data or other documents relevant to the establishment of the pay equity plan for the period during which it is required under paragraph (a) to retain a copy of the final version of the pay equity plan. Private sector and territorial governments — update of pay equity plan (2) An employer referred to in any of paragraphs 3 (2)(e) to (i) must (a) retain a copy of any revised pay equity plan that it posts in accordance with section 83 or subsection 85 (2) — as well as a copy of the document referred to in subsection 79 (2) that it posts under that section or subsection — until the day on which it posts the next revised pay equity plan in accordance with section 83 or subsection 85 (2), or any later day that is prescribed by regulation; and (b) retain all records, reports, electronic data or other documents relevant to the update of the pay equity plan for the period during which it is required under paragraph (a) to retain a copy of the final version of the revised pay equity plan.
Pay Equity Act — P-4.2 91
Extension of time for retaining documents 91 (1) The Pay Equity Commissioner may order an employer referred to in section 90 to retain the copies and other documents referred to in that section for any period set out in the order that is longer than the period that they are required to retain them under that section. Obligation to retain documents for extended period (2) The employer must retain the copies and other documents referred to in section 90 for the period set out in the order unless it receives a copy of the order after the end of the period that it is required to retain the copies and other documents under that section and it has already disposed of them.
Pay Equity Act — P-4.2 92
Federal private sector — transfer or lease 92 If a federal work, undertaking or business , as defined in section 2 of the Canada Labour Code , or any part of it — or a corporation established to perform any duty or function on behalf of the Government of Canada, or any part of the corporation, other than a corporation named in Schedule IV or V of the Financial Administration Act — is leased or transferred by sale, merger or other­wise from one employer, in this section referred to as the “former employer”, to another employer, in this section referred to as the “new employer”, and the former employer had posted, or is deemed to be the employer that had posted, as the case may be, a pay equity plan in accordance with section 55 , subsection 57 (2), section 83 or subsection 85 (2), (a) the new employer is deemed to be the employer that posted the pay equity plan; (b) the new employer is liable for the former employer’s obligations under this Act that arose as a result of the posting of the pay equity plan; and (c) if the new employer was not subject to this Act immediately before the day of the transfer or lease, it becomes subject to this Act on that day.
Pay Equity Act — P-4.2 93
Federal private sector — re-tendering 93 If, by reason of a contract being awarded through a re-tendering process, an employer, in this section referred to as the “new employer”, becomes responsible for the carrying out or the operation of a federal work, undertaking or business , as defined in section 2 of the Canada Labour Code , or any part of it, that was previously carried out or operated by another employer, in this section referred to as the “former employer”, and the former employer had posted, or is deemed to be the employer that had posted, as the case may be, a pay equity plan in accordance with section 55 , subsection 57 (2), section 83 or subsection 85 (2), (a) the new employer is deemed to be the employer that posted the pay equity plan; (b) the new employer is liable for the former employer’s obligations under this Act that arose as a result of the posting of the pay equity plan; and (c) if the new employer was not subject to this Act immediately before the day on which the contract becomes effective, it becomes subject to this Act on that day.
Pay Equity Act — P-4.2 94
Provincial business 94 (1) If, after the coming into force of this section, a person that carries out or operates a provincial business becomes an employer referred to in any of paragraphs 3 (2)(e) to (i), and the person was, while carrying out or operating the provincial business, required to establish a pay equity plan under the laws of a province, (a) for the purpose of calculating, under subparagraph 9 (a)(ii) or (b)(ii), the average of the number of the employer’s employees in the calendar year in which the person becomes an employer, the persons who were employed in the provincial business in that calendar year are deemed to have been employees of that employer in that calendar year; and (b) if the employer becomes subject to this Act on a day that is on or after the day that is 18 months after the date on which this section comes into force, the employer must, despite subsection 55 (1), post the final version of the pay equity plan no later than the day that is 18 months after the date on which the employer became subject to this Act. Definition of provincial business (2) In subsection (1), provincial business means a work, undertaking or business, or any part of a work, undertaking or business that is subject to the employment laws of a province.
Pay Equity Act — P-4.2 95
Effect on collective agreements 95 In the event of an inconsistency between the version of a pay equity plan most recently posted in accordance with section 55 , 57, 83 or 85 or paragraph 94 (1)(b), as the case may be, and any collective agreement governing the employees to whom the pay equity plan relates, that pay equity plan prevails to the extent of the inconsistency. Any increase in compensation payable by an employer to employees under this Act is deemed to be incorporated into and form part of the collective agreements governing those employees.
Pay Equity Act — P-4.2 96
90-day period 96 Despite any other provision of this Act, an employer may not be the subject of a complaint under this Act, or be served with a notice of violation under this Act, where the subject-matter of the complaint or alleged violation is the failure of the employer to pay the amount of any increase in compensation — or any lump sum — payable under this Act within the first 90 days after the day on which that amount is payable.
Pay Equity Act — P-4.2 97
Failure to pay amount due 97 (1) If an employer fails to pay an amount to an employee when required under section 61 , 62 or 88 , as the case may be, the employer must pay to the employee interest on the amount. The interest is to be calculated and compounded daily on the amount, at the rate that is prescribed by regulation or calculated in a manner that is prescribed by regulation, for the period beginning on the first day after the day on which the amount was required to be paid and ending on the day on which the amount is paid. Interest rate if none prescribed (2) If no regulations are made for the purpose of subsection (1), the rate of interest is the rate per annum that is the aggregate of 2% per annum and the bank rate in effect on the day in respect of which the interest is calculated.
Pay Equity Act — P-4.2 98
Reduction of compensation 98 An employer must not reduce the compensation payable to any of its employees in order to achieve pay equity.
Pay Equity Act — P-4.2 99
Obstruction 99 It is prohibited to obstruct, by act or omission, the Pay Equity Commissioner or his or her delegate while they are engaged in the exercise of powers or the performance of duties or functions under this Act.
Pay Equity Act — P-4.2 100
False or misleading statements — Pay Equity Commissioner 100 It is prohibited to knowingly make any false or misleading statement verbally or in writing to the Pay Equity Commissioner, or to his or her delegate, while they are engaged in the exercise of powers or the performance of duties or functions under this Act.
Pay Equity Act — P-4.2 101
False or misleading statements — records, reports, etc. 101 It is prohibited for any person to knowingly make, or participate in, assent to or acquiesce in the making of a false or misleading statement in any record, report, electronic data or other document that the person is required to prepare, retain or provide under this Act.
Pay Equity Act — P-4.2 102
Reprisal by employer 102 No employer and no person acting on an employer’s behalf is to take reprisal against a person, including by refusing to employ or to continue to employ the person, or suspending or laying off the person or otherwise discriminating against the person with respect to employment, pay or any other term of employment or intimidating, threatening or disciplining the person, because the person has (a) testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Act; (b) filed a complaint or exercised any right under this Act; or (c) taken an action in compliance with this Act or refused to take an action that would have resulted in non-compliance with this Act.
Pay Equity Act — P-4.2 103
Reprisal by bargaining agent 103 No bargaining agent or person acting on behalf of a bargaining agent is to take reprisal against a person, including by (a) taking disciplinary action against or imposing any form of penalty on the person by applying to that person in a discriminatory manner the standards of discipline of the bargaining agent, because that person (i) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Act, (ii) has filed a complaint or exercised any right under this Act, or (iii) has taken an action in compliance with this Act or refused to take an action that would have resulted in non-compliance with this Act; (b) expelling or suspending the person from membership in the trade union or employee organization or taking disciplinary action against or imposing any form of penalty on the person by reason of that person having refused to perform an act that is contrary to this Act; or (c) discriminating against the person with respect to employment, a term of employment or membership in a trade union or employee organization, or intimidating or coercing the person or imposing a financial or other penalty on the person, because that person (i) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Act, (ii) has filed a complaint or exercised any right under this Act, or (iii) has taken an action in compliance with this Act or refused to take an action that would have resulted in non-compliance with this Act.
Pay Equity Act — P-4.2 104
Mandate — Pay Equity Commissioner 104 (1) The Pay Equity Commissioner’s mandate is to (a) ensure the administration and enforcement of this Act; (b) assist persons in understanding their rights and obligations under this Act; and (c) facilitate the resolution of disputes relating to pay equity. Duties (2) In carrying out his or her mandate, the Pay Equity Commissioner must (a) monitor the implementation of this Act, including the establishment and updating of pay equity plans; (b) offer assistance to employers, employees and bargaining agents in relation to pay equity matters and applications, including in relation to complaints, objections and disputes, and decide any matter or application over which he or she has jurisdiction under this Act; (c) develop tools to promote compliance with this Act; (d) educate and inform employers, employees and bargaining agents of their rights and obligations under this Act; (e) undertake and publish research related to pay equity matters; and (f) maintain close liaison with similar bodies or authorities in the provinces in order to coordinate efforts when appropriate.
Pay Equity Act — P-4.2 105
Delegation 105 (1) The Pay Equity Commissioner may delegate, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties and functions under this Act — other than those set out in sections 104 , 114, 115 and 117 and the power to delegate under this section — to any person or class of persons other than the Chief Commissioner of the Canadian Human Rights Commission. Certificate of delegation (2) Each person to whom powers, duties or functions are delegated under subsection (1) must be provided with a certificate of delegation in the form established by the Pay Equity Commissioner and that person must, when exercising those powers or performing those duties or functions, produce the certificate to any person who asks to see it.
Pay Equity Act — P-4.2 106
Recognition of group as single employer 106 (1) On receipt of an application referred to in subsection 4 (1), the Pay Equity Commissioner may recognize the group as a single employer if he or she is of the opinion that the employers (a) are part of the same industry; (b) have similar compensation practices; and (c) have positions with similar duties and responsibilities. Choice of date (2) If the Pay Equity Commissioner recognizes a group as a single employer under subsection (1), he or she must choose the day on which the group becomes subject to this Act for the purpose of subsection 55 (1), and paragraphs 61 (1)(b) and 89 (2)(b). He or she must choose a day that (a) is after the day on which one of the employers in the group becomes subject to this Act; and (b) is, in his or her opinion, the earliest day that would give the group sufficient time to meet its obligations under this Act.
Pay Equity Act — P-4.2 107
Authority — multiple pay equity plans 107 On receipt of an application referred to in subsection 30 (1) or (2) and after giving an opportunity to make representations under subsection 30 (4), the Pay Equity Commissioner may, if the application has not been denied under subsection 30 (5) and if he or she is of the opinion that it is appropriate in the circumstances, authorize the establishment of more than one pay equity plan.
Pay Equity Act — P-4.2 108
Authority — plan without committee 108 On receipt of an application referred to in section 25 , 26 , 73 or 74 , the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181 (1)(o), authorize the establishment or update, as the case may be, of a pay equity plan without a pay equity committee.
Pay Equity Act — P-4.2 109
Authority — different committee membership 109 On receipt of an application referred to in subsection 19 (3), section 27 , subsection 67 (6) or 68 (6) or section 75 , the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181 (1)(o), authorize the establishment or continuation, as the case may be, of a pay equity committee that does not comply with the requirements set out in any of paragraphs 19 (1)(a), (b), (d) and (e).
Pay Equity Act — P-4.2 110
Authority — Committee cannot perform work 110 On receipt of an application referred to in section 28 , 29 , 76 or 77 , the Pay Equity Commissioner must (a) attempt to assist the pay equity committee in the performance of its work; and (b) if he or she is of the opinion that the pay equity committee is unable to perform its work and that it is appropriate in the circumstances, authorize the establishment or update, as the case may be, of a pay equity plan without a pay equity committee.
Pay Equity Act — P-4.2 111
Authority — other compensation comparison method 111 On receipt of an application referred to in subparagraph 48 (2)(a)(i), the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances, authorize the use of a method for the comparison of compensation that is prescribed by regulation or, if no such method is prescribed or the employer is of the opinion that a method prescribed by regulation cannot be used, the method proposed by the employer.
Pay Equity Act — P-4.2 112
Authority — extension for posting final plan 112 (1) On receipt of an application referred to in subsection 57 (1), the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181 (1)(o), authorize an extension of the period set out in subsection 55 (1) or paragraph 94 (1)(b), as the case may be, for the posting of a final pay equity plan. Authority — extension for posting final revised plan (2) On receipt of an application referred to in subsection 85 (1), the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181 (1)(o), authorize an extension of the period set out in subsection 83 (1) for the posting of a final version of the revised pay equity plan and the final version of the document referred to in subsection 79 (2).