GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pay Equity Act — P-4.2 52
Draft pay equity plan and notice 52 Once an employer — or, if a pay equity committee has been established, that committee — has prepared a draft of the pay equity plan, the employer must post the draft as well as a notice informing employees to whom it relates of their right to provide the employer or committee, as the case may be, with comments on the draft and the time within which and the manner in which they may exercise that right.
Pay Equity Act — P-4.2 53
Draft pay equity plan and notice — group of employers 53 (1) Once a group of employers — or, if a pay equity committee has been established, that committee — has prepared a draft of the pay equity plan, each employer in the group must post the draft as well as a notice informing the employer’s employees to whom it relates of their right to provide that group of employers or that committee, as the case may be, with comments on the draft 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 draft pay equity plan on the same day.
Pay Equity Act — P-4.2 54
Written comments 54 (1) Employees to whom the draft pay equity plan relates have 60 days following the day on which it is posted to provide the employer — or, if a pay equity committee has been established, that committee — with written comments on it. 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 pay equity plan.
Pay Equity Act — P-4.2 55
Final version — three-year maximum 55 (1) An employer — or, in the case of a group of employers, each employer in the group — must post the final version of the pay equity plan no later than the third anniversary of the date on which the employer or the group of employers, as the case may be, became subject to this Act. Same-day posting (2) Employers that are in a group of employers must all post the final version of the pay equity plan on the same day.
Pay Equity Act — P-4.2 56
Notice of increases 56 (1) An employer must post, before the date on which an increase in compensation — and any lump sum — is payable under section 61 or 62 , a notice indicating the following: (a) if the pay equity plan was posted in accordance with section 55 or paragraph 94 (1)(b), (i) the date on which any increase in compensation is payable under subsection 61 (1), and (ii) if the employer has chosen to phase in the increase in accordance with subsection 61 (2), the dates on which each increase will be made and the percentage of the increase referred to in paragraph 51 (k) that each increase represents; and (b) if the pay equity plan was posted in accordance with subsection 57 (2), (i) the date on which any increase in compensation under subsection 62 (1) and any lump sum under subsection 62 (2) or (3) is payable, and (ii) if the employer has chosen to phase in the increase in accordance with subsection 62 (4), the dates on which each increase will be made and the percentage of the increase referred to in paragraph 51 (k) that each increase represents. Notice for longer phase-in period (2) If an employer is authorized by the Pay Equity Commissioner to phase in the increase in compensation over a longer phase-in period than the one set out in paragraph 61 (2)(c) or (d) or 62 (4)(e) or (f), as the case may be, the employer must post, as soon as feasible after obtaining the authorization, a notice indicating the new dates on which the increases will be made and the percentage of the increase referred to in paragraph 51 (k) that each increase represents.
Pay Equity Act — P-4.2 57
Extension of time limit for posting 57 (1) An employer may apply to the Pay Equity Commissioner for 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. 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 55 (1) and paragraph 94 (1)(b), post the final pay equity plan within the extended period. Same-day posting (3) Employers that are in a group of employers must all post the final version of the pay equity plan on the same day.
Pay Equity Act — P-4.2 58
Establishment of pay equity plan 58 An employer is deemed to have established a pay equity plan on the day on which it posts the pay equity plan in accordance with subsection 55 (1) or 57 (2) or paragraph 94 (1)(b), as the case may be.
Pay Equity Act — P-4.2 59
Establishment of pay equity plan — group of employers 59 A group of employers is deemed to have established a pay equity plan on the day on which each employer in the group posts the pay equity plan in accordance with subsections 55 (1) and (2) or 57 (2) and (3), as the case may be.
Pay Equity Act — P-4.2 60
Obligation to increase compensation 60 If a pay equity plan posted by an employer in accordance with section 55 , subsection 57 (2) or paragraph 94 (1)(b), as the case may be, discloses differences in compensation between predominantly female job classes and predominantly male job classes or, if there are no predominantly male job classes, differences in compensation that are determined in accordance with regulations made under paragraph 181 (1)(c), the employer must increase — in accordance with the provisions of the pay equity plan that meet the requirements set out in paragraph 51 (k) — the compensation that is payable to its employees who occupy positions in the predominantly female job classes for which an increase in compensation is required to be made under that pay equity plan.
Pay Equity Act — P-4.2 61
aragraph (1)(a)(i) or paragraph (1)(b), as the case may be, if the pay equity plan or plans were posted in accordance with section 55 , or (ii) the day after the day that is 78 months after the date on which the employer became subject to this Act, if the pay equity plan or plans were posted in accordance with paragraph 94 (1)(b). Definition of year (3) For the purpose of subsection (2), 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 62
ich the lump sum is payable — based on the schedule established in accordance with subsection (4). 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 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 (6) If no regulations are made for the purpose of subsection (5), 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 (7) 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 section 60 during the period described in subsection (2) or (3) or paragraph 4(d), as the case may be. Definition of year (8) For the purpose of subsection (4), 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 63
Longer phase-in period 63 (1) An employer may apply to the Pay Equity Commissioner for authorization 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). Authorization of Pay Equity Commissioner (2) If the Pay Equity Commissioner authorizes a longer phase-in period, the employer must make the increases in compensation in accordance with the authorization.
Pay Equity Act — P-4.2 64
Requirement to update plan 64 An employer that has established a pay equity plan must update the version of the pay equity plan most recently posted in accordance with section 55 , subsection 57 (2), section 83 , subsection 85 (2) or paragraph 94 (1)(b), as the case may be, in accordance with this Act.
Pay Equity Act — P-4.2 65
Notice — employers referred to in subsection 67 (1) 65 (1) An employer referred to in subsection 67 (1) must post a notice (a) setting out its obligation (i) to update the most recent version of the pay equity plan identified in the notice, and (ii) to make all reasonable efforts to establish a pay equity committee for that purpose; (b) setting out the requirements for the committee’s membership; (c) informing its non-unionized employees, if any, of their right to designate the committee members who will represent them; and (d) informing its unionized employees, if any, that their bargaining agent will select the committee members who will represent the employees who are members of any bargaining unit represented by that bargaining agent. Notice — employers referred to in subsection 67 (2) (2) An employer referred to in subsection 67 (2) must post a notice (a) setting out its obligation to update the most recent version of the pay equity plan identified in the notice; and (b) if it has decided to establish a pay equity committee, (i) setting out the requirements for the committee’s membership, and (ii) informing its employees of their right to designate the committee members who will represent them.
Pay Equity Act — P-4.2 66
Notice — group of employers referred to in subsection 68 (1) 66 (1) Each employer that is in a group of employers referred to in subsection 68 (1) must post a notice (a) indicating that it is in a group of employers; (b) setting out the group’s obligation (i) to update the most recent version of the pay equity plan identified in the notice, and (ii) to make all reasonable efforts to establish a pay equity committee for that purpose; (c) setting out the requirements for the committee’s membership; (d) informing the employer’s non-unionized employees, if any, of their right to designate the committee members who will represent the non-unionized employees of all of the employers in the group of employers; and (e) informing the employer’s unionized employees, if any, that their bargaining agent will select the committee members who will represent the employees — of all of the employers in the group of employers — who are members of any bargaining unit represented by that bargaining agent. Notice — group of employers referred to in subsection 68 (2) (2) Each employer that is in a group of employers referred to in subsection 68 (2) must post a notice (a) indicating that it is in a group of employers; (b) setting out the group’s obligation to update the most recent version of the pay equity plan identified in the notice; and (c) if the group has decided to establish a pay equity committee, (i) setting out the requirements for the committee’s membership, and (ii) informing the employer’s employees of their right to designate the committee members who will represent the employees of all of the employers in the group of employers. Same-day posting (3) Employers that are in a group of employers must all post the notice on the same day.
Pay Equity Act — P-4.2 67
Requirement to establish pay equity committee 67 (1) The following employers must, in respect of a pay equity plan that the employer is required to update, make all reasonable efforts to establish a pay equity committee: (a) an employer referred to in any of paragraphs 3(2)(a) to (d) or (2)(e) to (i) that is considered under paragraph 69 (a) or 70 (a) to have 100 or more employees; or (b) an employer referred to in any of paragraphs 3(2)(a) to (d) or (2)(e) to (i) that is considered under paragraph 69 (b) or 70 (b) to have less than 100 employees, if some or all of its employees are unionized employees on the day on which the employer posts the notice under subsection 65 (1) in respect of the pay equity plan. Voluntary establishment of pay equity committee (2) An employer referred to in any of paragraphs 3(2)(a) to (d) or (2)(e) to (i) that is considered under paragraph 69 (b) or 70 (b) to have less than 100 employees may, on its own initiative or at the request of an employee, decide to establish a pay equity committee if it has all non-unionized employees on the day on which it posts the notice under subsection 65 (1) in respect of the pay equity plan that it is required to update. Notice to Pay Equity Commissioner (3) An employer referred in subsection (2) that establishes a pay equity committee must notify the Pay Equity Commissioner that it has done so. Composition of committee (4) A pay equity committee must meet the requirements set out in subsection 19 (1). Non-unionized employees (5) Non-unionized employees must select members to represent them by a majority of votes. Committee cannot be established (6) If an employer is unable to establish a pay equity committee that meets the requirements set out in any of paragraphs 19 (1)(a), (b), (d) and (e), it must apply to the Pay Equity Commissioner for authorization to establish a pay equity committee with different requirements than the ones set out in that paragraph.
Pay Equity Act — P-4.2 68
Requirement to establish pay equity committee — group of employers 68 (1) The following groups of employers must, in respect of a pay equity plan that the group is required to update, make all reasonable efforts to establish a pay equity committee: (a) a group of employers that is considered under section 71 to have 100 or more employees; or (b) a group of employers that is considered under section 71 to have less than 100 employees, if at least one of the employers in the group has unionized employees on the day on which the notice is posted in accordance with subsection 66 (1) in respect of the pay equity plan. Voluntary establishment of pay equity committee (2) A group of employers that is considered under section 71 to have less than 100 employees may, on its own initiative or at the request of an employee, decide to establish a pay equity committee if each of the employers in the group had all non-unionized employees on the day on which the notice is posted in accordance with subsection 66 (1) in respect of the pay equity plan that the group is required to update. Notice to Pay Equity Commissioner (3) A group of employers referred to in subsection (2) that establishes a pay equity committee must notify the Pay Equity Commissioner that it has done so. Composition of committee (4) A pay equity committee must meet the requirements set out in subsection 19 (1). Non-unionized employees (5) Non-unionized employees must select members to represent them by a majority of votes. Committee cannot be established (6) If a group of employers is unable to establish a pay equity committee that meets the requirements set out in any of paragraphs 19 (1)(a), (b), (d) and (e), it must apply to the Pay Equity Commissioner for authorization to establish a pay equity committee with different requirements than the ones set out in that paragraph.
Pay Equity Act — P-4.2 69
Determination of number of employees — public sector 69 For the purpose of section 67 , (a) an employer referred to in any of paragraphs 3 (2)(a) to (d) is considered to have 100 or more employees if the average of the number of the employer’s employees — in the fiscal year immediately before the fiscal year in which the employer posts the notice in accordance with subsection 65 (1) in respect of the pay equity plan that the employer is required to update — is 100 or more; or (b) an employer referred to in any of paragraphs 3 (2)(a) to (d) is considered to have less than 100 employees if the average of the number of the employer’s employees — in the fiscal year immediately before the fiscal year in which the employer posts the notice in accordance with subsection 65 (1) or (2), as the case may be, in respect of the pay equity plan that the employer is required to update — is less than 100.
Pay Equity Act — P-4.2 70
Determination of number of employees — private sector and territorial governments 70 For the purpose of section 67 , (a) an employer referred to in any of paragraphs 3 (2)(e) to (i) is considered to have 100 or more employees if the average of the number of the employer’s employees — in the calendar year immediately before the calendar year in which the employer posts the notice in accordance with subsection 65 (1) in respect of the pay equity plan that the employer is required to update — is 100 or more; or (b) an employer referred to in any of paragraphs 3 (2)(e) to (i) is considered to have less than 100 employees if the average of the number of the employer’s employees — in the calendar year immediately before the calendar year in which the employer posts the notice in accordance with subsection 65 (1) or (2), as the case may be, in respect of the pay equity plan that the employer is required to update — is less than 100.
Pay Equity Act — P-4.2 71
Determination of number of employees — group of employers 71 For the purpose of section 68 , (a) a group of employers is considered to have 100 or more employees if the sum of the average of the number of employees of each of the employers in the group — in the calendar year immediately before the calendar year in which the notice is posted in accordance with subsection 66 (1) in respect of the pay equity plan that the group is required to update — is 100 or more; or (b) a group of employers is considered to have less than 100 employees if the sum of the average of the number of employees of each of the employers in the group — in the calendar year immediately before the calendar year in which the notice is posted in accordance with subsection 66 (1) or (2), as the case may be, in respect of the pay equity plan that the group is required to update — is less than 100.
Pay Equity Act — P-4.2 72
Application of sections 20 to 24 72 Sections 20 to 24 apply in respect of a pay equity committee established under this Part, except that “establishment” is to be read as “updating”.
Pay Equity Act — P-4.2 73
Notice of update of plan without committee 73 If an employer, despite having made all reasonable efforts, is unable to establish a pay equity committee in respect of a pay equity plan that it is required to update, the employer must apply to the Pay Equity Commissioner for authorization to update the pay equity plan without a committee. If that authorization is granted, the employer must post a notice informing the employees to whom the pay equity plan relates that the employer will update the pay equity plan without a committee.
Pay Equity Act — P-4.2 74
Notice of update of plan without committee — group of employers 74 If a group of employers, despite having made all reasonable efforts, is unable to establish a pay equity committee in respect of a pay equity plan that it is required to update, the group must apply to the Pay Equity Commissioner for authorization to update the pay equity plan without a committee. If that authorization is granted, each employer in the group must post a notice informing its employees to whom the pay equity plan relates that the group of employers will update the pay equity plan without a committee.
Pay Equity Act — P-4.2 75
Committee does not meet requirement after establishment 75 If a pay equity committee established by an employer does not, at any time after it has been established, meet the requirements set out in any of paragraphs 19 (1)(a), (b), (d) and (e), the employer must apply to the Pay Equity Commissioner for authorization for the continuation of the committee with different requirements than the ones set out in that paragraph.
Pay Equity Act — P-4.2 76
Committee cannot perform work 76 If, at any time after establishing a pay equity committee, an employer is of the opinion that the committee is unable to perform its work, the employer may apply to the Pay Equity Commissioner for authorization to update the pay equity plan without a committee. If that authorization is granted, the employer must post a notice informing the employees to whom the pay equity plan relates that the employer will update the pay equity plan without a committee.
Pay Equity Act — P-4.2 77
Committee cannot perform work — group of employers 77 If, at any time after establishing a pay equity committee, a group of employers is of the opinion that the committee is unable to perform its work, it may apply to the Pay Equity Commissioner for authorization to update the pay equity plan without a committee. If that authorization is granted, each employer in the group must post a notice informing its employees to whom the pay equity plan relates that the group of employers will update the pay equity plan without a committee.
Pay Equity Act — P-4.2 78
Identification of new differences in compensation 78 (1) An employer — or, if a pay equity committee has been established, that committee — must — by applying the rules, criteria and factors, as adapted by regulation, that are set out in sections 32 to 50 and by applying any regulations made under section 181 — identify, as of the times or in the circumstances that are prescribed by the regulations, any differences in compensation between the predominantly female job classes and the predominantly male job classes as a result of any change, since the most recent posting of the pay equity plan, that is likely to have had an impact on pay equity, other than any change excluded by regulation. Multiple plans (2) If an employer has established more than one pay equity plan and if, at the time that the employer — or, if a pay equity committee has been established, that committee — is carrying out its obligations under this Act in respect of any one of those plans, the employer or pay equity committee, as the case may be, determines that there are no longer any predominantly male job classes under that plan but that there is at least one such job class under at least one of the other plans, that employer or committee must compare, in accordance with sections 48 to 50 , the compensation associated with the predominantly female job classes under that plan with the compensation associated with the predominantly male job classes under the other plans.
Pay Equity Act — P-4.2 79
Revision of pay equity plan 79 (1) The employer — or, if a pay equity committee has been established, that committee — must revise the content of the pay equity plan, as set out in section 51 , taking into account any differences in compensation identified under section 78 . Documentation of changes (2) The employer or pay equity committee, as the case may be, must set out in a document any changes made to the pay equity plan.
Pay Equity Act — P-4.2 80
Revised pay equity plan and notice 80 Once a pay equity plan is revised, the employer 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 the employer — 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.