jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.1 (1) For the purposes of this Act, the Crown is not the employer of a person unless the person, (a) is a public servant employed under Part III of the
Public Service of Ontario Act, 2006; or (b) is employed by a body prescribed in the regulations.  2006, c. 35, Sched. C, s. 107 (1). Plans posted before Dec. 18, 1991 (2) If the Crown and a bargaining agent have agreed that the Crown is the employer of the employees represented by the bargaining agent and a pay equity plan in accordance with that agreement was posted before the 18th day of December, 1991, the Crown shall be deemed to be the employer of those employees.  1993, c. 4, s. 2. Same (3) If the Crown posted a pay equity plan before the 18th day of December, 1991 for employees who are not represented by a bargaining agent, the Crown shall be deemed to be the employer of those employees.  1993, c. 4, s. 2. Application (4) This section does not apply, (a) if a determination that the Crown is the employer was made by the Hearings Tribunal before the 18th day of December, 1991; or (b) if an application respecting a proceeding in which the Crown’s status as an employer is an issue was filed with the Hearings Tribunal before the 18th day of December, 1991.  1993, c. 4, s. 2. Same (5) This section, except for subsections (2) and (3), does not apply to determine the identity of the employer of an individual if a pay equity plan applicable to that individual prepared in accordance with a review officer’s order was posted before the 18th day of December, 1991.  1993, c. 4, s. 2. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 2 - 18/12/1991 2006, c. 35, Sched. C, s. 107 (1) - 20/08/2007
2 (1) Two or more employers and the bargaining agent or agents for their employees, who come together to negotiate a central agreement, may agree that, for the purposes of a pay equity plan, all the employees constitute a single establishment and the employers shall be considered to be a single employer. Idem (2) Two or more employers who are municipalities in the same geographic division and the bargaining agent or agents for their employees or, if there is no bargaining agent, the employees, may agree that, for the purposes of a pay equity plan, all the employees constitute a single establishment and the employers shall be considered to be a single employer. Employers to implement plans (3) Despite the fact that the employees of two or more employers are considered to be one establishment under subsection (1) or (2), each employer is responsible for implementing and maintaining the pay equity plan with respect to the employer’s employees.  R.S.O. 1990, c. P.7, s. 2.
3 (1) This Act applies to all employers in the private sector in Ontario who employ ten or more employees, all employers in the public sector, the employees of employers to whom this Act applies and to their bargaining agents, if any. Idem (2) If at any time after the coming into force of this Act an employer employs ten or more employees in Ontario, this Act applies with respect to the employer although the number of employees is subsequently reduced to fewer than ten.  R.S.O. 1990, c. P.7, s. 3.
4 (1) The purpose of this Act is to redress systemic gender discrimination in compensation for work performed by employees in female job classes. Identification of systemic gender discrimination (2) Systemic gender discrimination in compensation shall be identified by undertaking comparisons between each female job class in an establishment and the male job classes in the establishment in terms of compensation and in terms of the value of the work performed.  R.S.O. 1990, c. P.7, s. 4.
5 (1) For the purposes of this Act, the criterion to be applied in determining value of work shall be a composite of the skill, effort and responsibility normally required in the performance of the work and the conditions under which it is normally performed. Idem, disabled employees, etc. (2) The fact that an employee’s needs have been accommodated for the purpose of complying with the Human Rights Code
shall not be considered in determining the value of work performed.  R.S.O. 1990, c. P.7, s. 5.
5.1 (1) For the purposes of this Act, pay equity is achieved in an establishment when every female job class in the establishment has been compared to a job class or job classes under the job-to-job method of comparison or the proportional value method of comparison and any adjustment to the job rate of each female job class that is indicated by the comparison has been made.  1996, c. 1, Sched. J, s. 2. Deemed compliance (2) A pay equity plan that used the proportional value method of comparison shall be deemed to have complied with section 6, as it reads immediately before this section comes into force, (a) from the date on which the plan is posted if it is posted before Part III.1 comes into force by an employer to whom Part II applies; or (b) from the date on which the plan is prepared if it is prepared before Part III.1 comes into force by an employer to whom Part III applies.  1993, c. 4, s. 3. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 3 - 01/07/1993; 1996, c. 1, Sched. J, s. 2 - 01/01/1997
7 (1) Every employer shall establish and maintain compensation practices that provide for pay equity in every establishment of the employer. Idem (2) No employer or bargaining agent shall bargain for or agree to compensation practices that, if adopted, would cause a contravention of subsection (1).  R.S.O. 1990, c. P.7, s. 7.
7.1 (1) Every employer to whom Part III applies and any other employer who is directed to do so by the Pay Equity Office shall post in the employer’s workplace a notice setting out, (a) the employer’s obligation to establish and maintain compensation practices that provide for pay equity; and (b) the manner in which an employee may file a complaint or objection under this Act. Language (2) The notice shall be in English and the language other than English that is understood by the greatest number of employees in the workplace. Form of notice (3) The notice shall be in a form made available to employers by the Pay Equity Office.  1993, c. 4, s. 5. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 5 - 01/07/1993
8 (1) This Act does not apply so as to prevent differences in compensation between a female job class and a male job class if the employer is able to show that the difference is the result of, (a) a formal seniority system that does not discriminate on the basis of gender; (b) a temporary employee training or development assignment that is equally available to male and female employees and that leads to career advancement for those involved in the program; (c) a merit compensation plan that is based on formal performance ratings and that has been brought to the attention of the employees and that does not discriminate on the basis of gender; (d) the personnel practice known as red-circling, where, based on a gender-neutral re-evaluation process, the value of a position has been down-graded and the compensation of the incumbent employee has been frozen or his or her increases in compensation have been curtailed until the compensation for the down-graded position is equivalent to or greater than the compensation payable to the incumbent; or (e) a skills shortage that is causing a temporary inflation in compensation because the employer is encountering difficulties in recruiting employees with the requisite skills for positions in the job class. Idem (2) After pay equity has been achieved in an establishment, this Act does not apply so as to prevent differences in compensation between a female job class and a male job class if the employer is able to show that the difference is the result of differences in bargaining strength. Idem (3) A position that an employer designates as a position that provides employment on a casual basis may be excluded in determining whether a job class is a female job class or a male job class and need not be included in compensation adjustments under a pay equity plan. Idem (4) A position shall not be designated under subsection (3) if, (a) the work is performed for at least one-third of the normal work period that applies to similar full-time work; (b) the work is performed on a seasonal basis in the same position for the same employer; or (c) the work is performed on a regular and continuing basis, although for less than one-third of the normal work period that applies to similar full-time work.  R.S.O. 1990, c. P.7, s. 8. Limitation re maintaining pay equity (5) The requirement that an employer maintain pay equity for a female job class is subject to such limitations as may be prescribed in the regulations.  1993, c. 4, s. 6. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 6 - 01/07/1993 Reduction, intimidation, adjustments
9 (1) An employer shall not reduce the compensation payable to any employee or reduce the rate of compensation for any position in order to achieve pay equity. Intimidation prohibited (2) No employer, employee or bargaining agent and no one acting on behalf of an employer, employee or bargaining agent shall intimidate, coerce or penalize, or discriminate against, a person, (a) because the person may participate, or is participating, in a proceeding under this Act; (b) because the person has made, or may make, a disclosure required in a proceeding under this Act; (c) because the person is exercising, or may exercise, any right under this Act; or (d) because the person has acted or may act in compliance with this Act, the regulations or an order made under this Act or has sought or may seek the enforcement of this Act, the regulations or an order made under this Act. Compensation adjustments (3) Where, to achieve pay equity, it is necessary to increase the rate of compensation for a job class, all positions in the job class shall receive the same adjustment in dollar terms.  R.S.O. 1990, c. P.7, s. 9. PART II   IMPLEMENTATION: PUBLIC SECTOR AND LARGE PRIVATE SECTOR EMPLOYERS
10 In this Part, “mandatory posting date” means, (a) the second anniversary of the effective date, in respect of employers in the public sector and in respect of employers in the private sector who have at least 500 employees on the effective date, (b) the third anniversary of the effective date, in respect of employers in the private sector who have at least 100 but fewer than 500 employees on the effective date, (c) the fourth anniversary of the effective date, in respect of employers in the private sector who have at least fifty but fewer than 100 employees on the effective date and who have posted a notice under section 20, and (d) the fifth anniversary of the effective date, in respect of employers in the private sector who have at least ten but fewer than fifty employees on the effective date and who have posted a notice under section 20.  R.S.O. 1990, c. P.7, s. 10.
11 (1) This Part applies to all employers in the public sector, all employers in the private sector who, on the effective date, employ 100 or more employees and those employers in the private sector who post a notice under section 20. Idem (2) This Part does not apply to an employer who does not have employees on the effective date.  R.S.O. 1990, c. P.7, s. 11. Same (3) Despite subsection (2), sections 13.1, 14.1 and 14.2 apply to public sector employers that did not have employees on the effective date but that had employees on July 1, 1993.  1994, c. 27, s. 121 (1). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 121 (1) - 09/12/1994
12 Before the mandatory posting date, every employer to whom this Part applies shall, using a gender-neutral comparison system, compare the female job classes in each establishment of the employer with the male job classes in the same establishment to determine whether pay equity exists for each female job class.  R.S.O. 1990, c. P.7, s. 12.
13.1 (1) If an employer who is bound by a pay equity plan sells a business, the purchaser shall make any compensation adjustments that were to be made under the plan in respect of those positions in the business that are maintained by the purchaser and shall do so on the date on which the adjustments were to be made under the plan. Plan no longer appropriate (2) If, because of the sale, the seller’s plan or the purchaser’s plan is no longer appropriate, the seller or the purchaser, as the case may be, shall, (a) in the case of employees represented by a bargaining agent, enter into negotiations with a view to agreeing on a new plan; and (b) in the case of employees not represented by a bargaining agent, prepare a new plan.  1993, c. 4, s. 8. Same (3) Clause 14 (2) (a), subsections 14.1 (1) to (6) and 14.2 (1) and (2) apply, with necessary modifications, to the negotiation or preparation of a new plan.  1997, c. 21, s. 4 (1). (4) Repealed:  1997, c. 21, s. 4 (1). Application to certain events (4.1) This section applies with respect to an occurrence described in sections 3 to 10 of the Public Sector Labour Relations Transition Act, 1997.  For the purposes of this section, the occurrence shall be deemed to be the sale of a business, each of the predecessor employers shall be deemed to be a seller and the successor employer shall be deemed to be the purchaser.  1997, c. 21, s. 4 (2). Definitions (5) In this section, “business” includes a part or parts thereof; (“entreprise”) “sells” includes leases, transfers and any other manner of disposition. (“vend”)  1993, c. 4, s. 8. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 8 - 01/07/1993; 1997, c. 21, s. 4 (1, 2) - 29/10/1997 13.2 Repealed: 2019, c. 7, Sched. 53, s. 8. Section Amendments with date in force (d/m/y) 2006, c. 4, s. 50 (1) - 28/03/2006 2019, c. 5, Sched. 3, s. 15 (1) - no effect - see 2019, c. 7, Sched. 53, s. 8 - 29/05/2019; 2019, c. 7, Sched. 53, s. 8 - 29/05/2019
14 (1) In an establishment in which any of the employees are represented by a bargaining agent, there shall be a pay equity plan for each bargaining unit and a pay equity plan for that part of the establishment that is not in any bargaining unit. Bargaining unit plans (2) The employer and the bargaining agent for a bargaining unit shall negotiate in good faith and endeavour to agree, before the mandatory posting date, on, (a) the gender-neutral comparison system used for the purposes of section 12; and (b) a pay equity plan for the bargaining unit. Idem (3) As part of the negotiations required by subsection (2), the employer and the bargaining agent may agree, for the purposes of the pay equity plan, (a) that the establishment of the employer includes two or more geographic divisions; and (b) that a job class is a female job class or a male job class. Posting of plan (4) When an employer and a bargaining agent agree on a pay equity plan, they shall execute the agreement and, on or before the mandatory posting date, the employer shall post a copy of the plan in the workplace. Deemed approval and first adjustments (5) When a pay equity plan has been executed by an employer and a bargaining agent, the plan shall be deemed to have been approved by the Commission and, on the day provided for in the plan, the employer shall make the first adjustments in compensation required to achieve pay equity. Failure to agree (6) Where an employer and a bargaining agent fail to agree on a pay equity plan by the mandatory posting date, the employer, forthwith after that date, shall give notice of the failure to the Commission. Idem (7) Subsection (6) does not prevent the bargaining agent from notifying the Commission of a failure to agree on a pay equity plan by the mandatory posting date. Non-bargaining unit plan (8) An employer shall prepare a pay equity plan for that part of the employer’s establishment that is outside any bargaining unit in the establishment and, on or before the mandatory posting date, shall post a copy of the plan in the workplace. Idem (9) Subsections 15 (2) to (8) apply to a pay equity plan described in subsection (8).  R.S.O. 1990, c. P.7, s. 14.
14.1 (1) If, in an establishment in which any of the employees are represented by a bargaining agent, the employer or the bargaining agent is of the view that because of changed circumstances in the establishment the pay equity plan for the bargaining unit is no longer appropriate, the employer or the bargaining agent, as the case may be, may by giving written notice require the other to enter into negotiations concerning the amendment of the plan. Application of s. 14 (2) Clause 14 (2) (b) and subsections 14 (3), (4) and (5) apply, with necessary modifications, to the negotiations and to any amendment of the plan that is agreed upon. Failure to agree (3) If the employer and the bargaining agent do not agree on an amendment before the expiry of 120 days from the date on which notice to enter into negotiations is given, the employer shall give notice of the failure to the Commission. Same (4) Subsection (3) does not prevent the bargaining agent from notifying the Commission of a failure to agree on an amendment by the date referred to in that subsection. Non-bargaining unit plan (5) If the employer is of the view that, because of changed circumstances in the establishment, the pay equity plan for that part of the establishment that is outside any bargaining unit is no longer appropriate, the employer may amend the plan and post in the workplace a copy of the amended plan with the amendments clearly indicated. Same (6) Subsection 15 (2) and subsections 15 (4) to (8) apply, with necessary modifications, in respect of an amended plan described in subsection (5). Adjustments (7) If a plan is amended under this section, the compensation adjustment for each position to which the amended plan applies shall not be less than the adjustment that would have been made under the plan before it was amended.  1993, c. 4, s. 9. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 9 - 01/07/1993
14.2 (1) In an establishment where no employee is represented by a bargaining agent, if the employer is of the view that because of changed circumstances in the establishment the pay equity plan for the establishment is no longer appropriate, the employer may amend the plan and post in the workplace a copy of the amended plan with the amendments clearly indicated. Application of s. 15 (2) Subsections 15 (2) to (8) apply, with necessary modifications, in respect of the amended plan. Adjustments (3) If a plan is amended under this section, the compensation adjustment for each position to which the amended plan applies shall not be less than the adjustment that would have been made under the plan before it was amended.  1993, c. 4, s. 9. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 9 - 01/07/1993
15 (1) In an establishment where no employee is represented by a bargaining agent, the employer shall prepare a pay equity plan for the employer’s establishment and the employer, on or before the mandatory posting date, shall post a copy of the plan in the workplace. Idem (2) For the purposes of a pay equity plan required by this section or subsection 14 (8), the employer may decide, (a) that the establishment of the employer includes two or more geographic divisions; and (b) that a job class is a female job class or a male job class. Idem (3) An agreement under section 14 between an employer and a bargaining agent shall not affect any pay equity plan required by this section or subsection 14 (8).  R.S.O. 1990, c. P.7, s. 15 (1-3). Employee review (4) The employees to whom a pay equity plan required by this section or subsection 14 (8) applies shall have until the ninetieth day after the date on which the copy of the plan is posted to review and submit comments to the employer on the plan.  R.S.O. 1990, c. P.7, s. 15 (4); 1993, c. 4, s. 10. Changes (5) If as a result of comments received during the review period referred to in subsection (4), the employer is of the opinion that a pay equity plan should be changed, the employer may change the plan. Posting of notice (6) Not later than seven days after the end of the review period referred to in subsection (4), the employer shall post in the workplace a notice stating whether the pay equity plan has been amended under this section and, if the plan has been amended, the employer shall also post a copy of the amended plan with the amendments clearly indicated. Objections (7) Any employee or group of employees to whom a pay equity plan applies, within thirty days following a posting in respect of the plan under subsection (6), may file a notice of objection with the Commission whether or not the employee or group of employees has submitted comments to the employer under subsection (4). Deemed approval and first adjustments (8) If no objection in respect of a pay equity plan is filed with the Commission under subsection (7), the plan shall be deemed to have been approved by the Commission and, on the day provided for in the plan, the employer shall make the first adjustments in compensation required to achieve pay equity.  R.S.O. 1990, c. P.7, s. 15 (5-8). Section Amendments with date in force (d/m/y) 1993, c. 4, s. 10 - 01/07/1993
16 (1) If the Commission, (a) is advised by an employer or a bargaining agent that no agreement has been reached on a pay equity plan or an amendment to a pay equity plan; or (b) receives a notice of objection to a pay equity plan for employees who are not represented by a bargaining agent or a notice of objection to an amendment of such a plan, a review officer shall investigate the matter and endeavour to effect a settlement.  R.S.O. 1990, c. P.7, s. 16 (1); 1993, c. 4, s. 11. Orders by review officer (2) If the review officer is unable to effect a settlement as provided for in subsection (1), he or she shall by order decide all outstanding matters. Posting of plan (3) Where a review officer effects a settlement under subsection (1) or makes an order under subsection (2), the employer shall forthwith post in the workplace a copy of the pay equity plan that reflects the settlement or order. Objections (4) Where a pay equity plan has been posted under subsection (3), objections with respect to the plan may be filed with the Commission within thirty days of the posting as follows: 1. If the plan relates to a bargaining unit, objections may be filed only if the review officer has made an order under subsection (2) and only the employer or the bargaining agent for the bargaining unit may file objections. 2. If the plan does not relate to a bargaining unit and a review officer effected a settlement under subsection (1) with the agreement of the objector who filed the objection under subsection 15 (7), only an employee or group of employees to whom the plan applies, other than the objector, may file an objection. 3. If the plan does not relate to a bargaining unit and a review officer has made an order under subsection (2), the employer or any employee or group of employees to whom the plan applies may file an objection. Deemed approval and first adjustments (5) If a review officer effects a settlement of a pay equity plan for a bargaining unit under subsection (1) or, if in any other case, no objection in respect of a pay equity plan is filed with the Commission in accordance with subsection (4), the plan shall be deemed to have been approved by the Commission and, on the day provided for in the plan, the employer shall make the first adjustments in compensation required to achieve pay equity. Idem (6) Where adjustments in compensation are made after the day provided for in the pay equity plan, the employer shall make the adjustments retroactive to that date.  R.S.O. 1990, c. P.7, s. 16 (2-6). Section Amendments with date in force (d/m/y) 1993, c. 4, s. 11 - 01/07/1993
17 (1) If the Commission receives a notice of objection under subsection 16 (4), the Hearings Tribunal shall hold a hearing and, in its decision, shall settle the pay equity plan to which the objection relates. Posting of plan (2) Forthwith after receiving the decision of the Hearings Tribunal, the employer shall post a copy of the decision in the workplace and, on the day provided for in the plan, shall make the first adjustments in compensation required to achieve pay equity. Idem (3) Where adjustments in compensation are made after the day provided for in a pay equity plan, the employer shall make the adjustments retroactive to that date.  R.S.O. 1990, c. P.7, s. 17. Part III (ss. 18-21) Repealed:  R.S.O. 1990, c. P.7, s. 21 (2). 18.-21 Repealed:  R.S.O. 1990, c. P.7, s. 21 (2). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.7, s. 21 (2) - 01/01/1994 PART III.1   PROPORTIONAL VALUE METHOD OF COMPARISON
21.1 (1) This Part applies to employers to whom Part II applies and to public sector employers that did not have employees on the effective date but that had employees on July 1, 1993. Transition, deemed plan (2) A plan for the achievement of pay equity shall be deemed to be a pay equity plan if it was prepared by a public sector employer described in subsection (1) before the coming into force of this subsection as if this Part applied to the employer.  1994, c. 27, s. 121 (2). Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993; 1994, c. 27, s. 121 (2) - 09/12/1994
21.2 (1) If a female job class within an employer’s establishment cannot be compared to a male job class in the establishment using the job-to-job method of comparison, the employer shall use the proportional value method of comparison to make a comparison for that female job class. Adjustments (2) If an employer uses the proportional value method of comparison to make a comparison for a female job class that can be compared to a male job class using the job-to-job method of comparison, the compensation adjustment made for members of that female job class shall not be less than the adjustment that is indicated under the job-to-job method. Exception, Part II (3) Subsection (2) does not apply to an employer to whom Part II applies if the employer prepared a pay equity plan using the proportional value method of comparison and posted it before the coming into force of this Part. However, subsection (2) does apply if the employer has also posted a pay equity plan using the job-to-job method of comparison. Exception, Part III (4) Subsection (2) does not apply to an employer to whom Part III applies if the employer prepared a pay equity plan using the proportional value method of comparison before the coming into force of this Part. However, subsection (2) does apply if the employer has also prepared a pay equity plan using the job-to-job method of comparison. Notice (5) If a female job class within an employer’s establishment cannot be compared to a male job class within the establishment under either the job-to-job method of comparison or the proportional value method of comparison, the employer shall notify the Pay Equity Office. Investigation and complaints (6) If notice is given under subsection (5), (a) section 16 applies, with necessary modifications, as if the review officer had received advice under clause 16 (1) (a) or a notice under clause 16 (1) (b); (b) section 22 applies, with necessary modifications, as if a person had filed a complaint with the Commission concerning whether the job-to-job method or the proportional value method of comparison can be used in the circumstances; (c) section 23 applies, with necessary modifications, as if the Commission had received a complaint concerning whether the job-to-job method or the proportional value method can be used in the circumstances; (d) subsection 24 (1) applies.  1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993
21.3 (1) Pay equity is achieved for a female job class under the proportional value method of comparison, (a) when the class is compared with a representative male job class or representative group of male job classes in accordance with this section; and (b) when the job rate for the class bears the same relationship to the value of the work performed in the class as the job rate for the male job class bears to the value of the work performed in that class or as the job rates for the male job classes bear to the value of the work performed in those classes, as the case may be. Comparisons required (2) Comparisons required by this section, (a) for job classes inside a bargaining unit shall be made between job classes in the unit; and (b) for job classes outside any bargaining unit shall be made between job classes that are outside any bargaining unit. Same (3) If, after applying subsection (2), no representative male job class or classes is found to compare to the female job class, the female job class shall be compared to a representative male job class elsewhere in the establishment or to a representative group of male job classes throughout the establishment. Comparison system (4) The comparisons shall be carried out using a gender-neutral comparison system. Group of jobs (5) Subsections 6 (6) to (10) apply, with necessary modifications, to the proportional value method of comparison.  1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993
21.4 (1) If a pay equity plan prepared under Part II for an establishment does not achieve pay equity for all the female job classes at the establishment, the employer shall amend the plan to the extent necessary to achieve pay equity in accordance with this Part. Same (2) Subject to subsection 21.2 (2), an employer may, with the agreement of the bargaining agent, if any, replace a pay equity plan prepared under Part II with another plan prepared under this Part using the proportional value method of comparison.  1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993
21.5 (1) A pay equity plan prepared or amended under this Part binds the employer and the employees to whom the plan applies and their bargaining agent, if any. Plan to prevail (2) A pay equity plan prepared or amended under this Part prevails over all relevant collective agreements and the adjustments to rates of compensation required by the plan shall be deemed to be incorporated into and form part of the relevant collective agreements.  1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993
21.6 (1) A pay equity plan prepared or amended under this Part must contain the information required by this section. Same (2) Subsections 13 (1) and (2) apply, with necessary modifications, with respect to a pay equity plan prepared or amended under this Part. Method of comparison (3) The plan must, (a) state, for each female job class, what method of comparison has been used to determine whether pay equity exists; (b) describe the methodology used for the calculations required by the proportional value method of comparison; and (c) describe any amendments to be made to the pay equity plan prepared under Part II.  1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993
21.7 The employer shall post a copy of each pay equity plan prepared or amended under this Part in the workplace not later than six months after this section comes into force.  1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993
21.8 Sections 14, 16 and 17 apply, with necessary modifications, with respect to a pay equity plan that is prepared or amended under this Part for employees in a bargaining unit.  1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993
21.9 (1) This section applies with respect to pay equity plans prepared or amended under this Part for employees who are not in a bargaining unit. Review period (2) Employees shall have until the ninetieth day after the plan is posted to review it and submit comments to the employer on the plan or, if the plan is an amended plan, the amendments to the plan.  1993, c. 4, s. 12. Same (2.1) For a plan described in subsection 21.1 (2) that is posted before this subsection comes into force, employees shall have until the ninetieth day after this subsection comes into force to review the plan and submit comments on it.  1994, c. 27, s. 121 (3). Application of certain provisions (3) Subsections 15 (2), (3) and (5) to (8) and sections 16 and 17 apply, with necessary modifications, with respect to the plan.  1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993; 1994, c. 27, s. 121 (3) - 09/12/1994
21.10 (1) If a pay equity plan is prepared or amended under this Part, the employer shall make the first adjustments in compensation in respect of the new or amended portions of the plan, (a) in the case of employers in the private sector with 100 or more employees, effective as of the 1st day of January, 1993; (b) in the case of employers in the public sector, effective as of the 1st day of January, 1993; (c) in the case of employers in the private sector with at least fifty but fewer than 100 employees, effective as of the 1st day of January, 1993; (d) in the case of employers in the private sector with at least ten but fewer than fifty employees, on or before the 1st day of January, 1994. Same (2) An employer described in clause (1) (a), (b) or (c) shall make the first payment in respect of the first adjustment within six months after the coming into force of this Part.  1993, c. 4, s. 12. Same (2.1) A public sector employer that did not have employees on the effective date but that had employees on July 1, 1993 shall make the first payment in respect of the first adjustment within six months after the coming into force of this subsection.  1994, c. 27, s. 121 (4). Application of certain provisions (3) Subsections 13 (3) to (8) apply, with necessary modifications, to compensation payable under a pay equity plan prepared or amended under this Part. Deemed compliance (4) Every employer who prepares or amends a pay equity plan under this Part and implements it shall be deemed not to be in contravention of subsection 7 (1) with respect to those employees covered by the plan or plans that apply to the employees but only with respect to those compensation practices that existed immediately before the 1st day of January, 1993.  1993, c. 4, s. 12. Credit for payments (5) A payment made under a plan described in subsection 21.1 (2) before this subsection comes into force shall be taken into account in determining whether the employer has complied with this Act.  1994, c. 27, s. 121 (4). Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993; 1994, c. 27, s. 121 (4) - 09/12/1994 Part III.2 (ss. 21.11-21.23) Repealed:  1996, c. 1, Sched. J, s. 4. 21.11-21.23 Repealed: 1996, c. 1, Sched. J, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. J, s. 4 - 01/01/1997 PART IV   ENFORCEMENT
21.11-21.23 Repealed: 1996, c. 1, Sched. J, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. J, s. 4 - 01/01/1997 PART IV   ENFORCEMENT
22 (1) Any employer, employee or group of employees, or the bargaining agent, if any, representing the employee or group of employees, may file a complaint with the Commission complaining that there has been a contravention of this Act, the regulations or an order of the Commission. Idem (2) Any employee or group of employees, or the bargaining agent, if any, representing the employee or group of employees, may file a complaint with the Commission complaining with respect to a pay equity plan that applies to the employee or group of employees that, (a) the plan is not being implemented according to its terms; or (b) because of changed circumstances in the establishment, the plan is not appropriate for the female job class to which the employee or group of employees belongs. Combining of complaints (3) The Hearings Tribunal may combine two or more complaints and deal with them in one proceeding if the complaints, (a) are made against the same person and bring into question the same or a similar issue; or (b) have questions of law or fact in common.  R.S.O. 1990, c. P.7, s. 22.
23 (1) Subject to subsection (2), when the Commission receives a complaint, a review officer shall investigate the complaint and may endeavour to effect a settlement. Idem (2) The review officer shall notify the parties and the Hearings Tribunal as soon as he or she decides that a settlement cannot be effected and that he or she will not be making an order under subsection 24 (3). Decision to not deal with complaint (3) A review officer may decide that a complaint should not be considered if the review officer is of the opinion that, (a) the subject-matter of the complaint is trivial, frivolous, vexatious or made in bad faith; or (b) the complaint is not within the jurisdiction of the Commission. Hearing before Tribunal (4) The review officer shall notify the complainant of his or her decision under subsection (3) and the complainant may request a hearing before the Hearings Tribunal with respect to the decision.  R.S.O. 1990, c. P.7, s. 23.
24 (1) Where a review officer is of the opinion that a pay equity plan is not being prepared as required by Part II or III.1, the review officer may order the employer and the bargaining agent, if any, to take such steps as are set out in the order to prepare the plan.  R.S.O. 1990, c. P.7, s. 24 (1); 1993, c. 4, s. 14 (1); 1996, c. 1, Sched. J, s. 5 (1). Idem (2) Where a review officer is of the opinion that a pay equity plan is not being implemented according to its terms, the review officer may order the employer to take such steps as are set out in the order to implement the plan.  R.S.O. 1990, c. P.7, s. 24 (2). Same (2.1) If a review officer is of the opinion that because of changed circumstances a pay equity plan is no longer appropriate, the officer may order the employer to amend the plan in such manner as is set out in the order or to take such steps with a view to amending the plan as are set out in the order.  1993, c. 4, s. 14 (2). Same (3) If a review officer is of the opinion that there has been a contravention of this Act by an employer, employee or bargaining agent, the officer may order the employer, employee or bargaining agent to take such steps to comply with the Act as are set out in the order.  1993, c. 4, s. 14 (3). Idem (4) An order under subsection (1) may provide for a mandatory posting date that is later than the one provided in section 10 or a posting date that is later than the one provided under section 21.7.  R.S.O. 1990, c. P.7, s. 24 (4); 1993, c. 4, s. 14 (4); 1996, c. 1, Sched. J, s. 5 (2). Reference to Tribunal (5) Where an employer or a bargaining agent fails to comply with an order under this section, a review officer may refer the matter to the Hearings Tribunal.  R.S.O. 1990, c. P.7, s. 24 (5). Same (5.1) The Pay Equity Office shall be deemed to be the applicant for a reference under subsection (5). Same (5.2) On a reference under subsection (5), the Hearings Tribunal shall not consider the merits of the order that is the subject of the reference. Burden of proving compliance (5.3) On a reference under subsection (5), the person against whom the order was made has the burden of proving that he, she or it has complied with the order.  1993, c. 4, s. 14 (5). Hearing before Tribunal (6) An employer or bargaining agent named in an order under this section may request a hearing before the Hearings Tribunal with respect to the order, and, where the order was made following a complaint but the complaint has not been settled, the complainant may also request a hearing.  R.S.O. 1990, c. P.7, s. 24 (6). Section Amendments with date in force (d/m/y) 1993, c. 4, s. 14 (1-5) - 01/07/1993; 1996, c. 1, Sched. J, s. 5 (1, 2) - 01/01/1997
25.1 (1) The parties to a matter in respect of which the Hearings Tribunal is required to hold a hearing may settle the matter in writing. Binding effect (2) A settlement under subsection (1) binds the parties to it. Bargaining unit employees (3) If a bargaining agent is a party to a settlement under subsection (1), the settlement also binds the employees who are represented by the bargaining agent. Complaint (4) A party to the settlement may file with the Hearings Tribunal a complaint that the settlement is not being complied with. Hearing (5) The Hearings Tribunal shall hold a hearing respecting the complaint. Finding (6) If the Hearings Tribunal finds that a party is not complying with the settlement, it may order the party to take such steps as it may specify to come into compliance or to rectify the failure to comply.  1993, c. 4, s. 16. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 16 - 01/07/1993
26 (1) Every person who contravenes or fails to comply with subsection 9 (2) or subsection 35 (5) or an order of the Hearings Tribunal is guilty of an offence and on conviction is liable to a fine of not more than $5,000, in the case of an individual, and not more than $50,000, in any other case. Parties (2) If a corporation or bargaining agent contravenes or fails to comply with subsection 9 (2) or subsection 35 (5) or an order of the Hearings Tribunal, every officer, official or agent thereof who authorizes, permits or acquiesces in the contravention is a party to and guilty of the offence and, on conviction, is liable to the penalty provided for the offence whether or not the corporation or bargaining agent has been prosecuted or convicted.  R.S.O. 1990, c. P.7, s. 26 (1, 2). Confidentiality (2.1) Every person who uses information obtained under Part III.2 other than for the purposes of this Act is guilty of an offence and on conviction is liable to a fine of not more than $5,000 in the case of an individual, and not more than $50,000 in any other case. Parties (2.2) If a corporation or bargaining agent contravenes subsection (2.1), every officer, official or agent of the corporation or bargaining agent who authorizes, permits or acquiesces in the contravention is party to and guilty of the offence and, on conviction, is liable to the penalty provided for the offence whether or not the corporation or bargaining agent has been prosecuted or convicted.  1996, c. 1, Sched. J, s. 7. Prosecution against bargaining agent (3) A prosecution for an offence under this Act may be instituted against a bargaining agent in its own name. Consent (4) No prosecution for an offence under this Act shall be instituted except with the consent in writing of the Hearings Tribunal.  R.S.O. 1990, c. P.7, s. 26 (3, 4). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. J, s. 7 - 01/01/1997 PART V   ADMINISTRATION
27 (1) The commission known in English as the Pay Equity Commission of Ontario and in French as Commission de l’équité salariale de l’Ontario is continued.  R.S.O. 1990, c. P.7, s. 27 (1). Idem (2) The Commission shall consist of the Pay Equity Hearings Tribunal and the Pay Equity Office.  R.S.O. 1990, c. P.7, s. 27 (2). Employees (3) Such employees as are necessary for the proper conduct of the Commission’s work may be appointed under Part III of the Public Service of Ontario Act, 2006 to serve in the Pay Equity Office.  R.S.O. 1990, c. P.7, s. 27 (3); 2006, c. 35, Sched. C, s. 107 (2). Services of ministries, etc. (4) The Commission shall, if appropriate, use the services and facilities of a ministry, board, commission or agency of the Government of Ontario.  R.S.O. 1990, c. P.7, s. 27 (4). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 107 (2) - 20/08/2007
28 (1) The Hearings Tribunal shall be composed of a presiding officer, one or more deputy presiding officers and as many other members equal in number representative of employers and employees respectively as the Lieutenant Governor in Council considers proper, all of whom shall be appointed by the Lieutenant Governor in Council.  R.S.O. 1990, c. P.7, s. 28 (1). Alternate presiding officer (2) The Lieutenant Governor in Council shall designate one of the deputy presiding officers to be alternate presiding officer and the person so designated, in the absence of the presiding officer or if the presiding officer is unable to act, shall have all of the powers of the presiding officer.  R.S.O. 1990, c. P.7, s. 28 (2). Remuneration and expenses (3) The members of the Hearings Tribunal who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 shall be paid such remuneration as may be fixed by the Lieutenant Governor in Council and, subject to the approval of Management Board of Cabinet, the reasonable expenses incurred by them in the course of their duties under this Act.  R.S.O. 1990, c. P.7, s. 28 (3); 2006, c. 35, Sched. C, s. 107 (3). Resignation of member (4) Where a member of the Hearings Tribunal resigns, he or she may carry out and complete any duties or responsibilities and exercise any powers that he or she would have had if he or she had not ceased to be a member, in connection with any matter in respect of which there was any proceeding in which he or she participated as a member of the Hearings Tribunal.  R.S.O. 1990, c. P.7, s. 28 (4). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 107 (3) - 20/08/2007
29 (1) The Hearings Tribunal may exercise such powers and shall perform such duties as are conferred or imposed upon it by this Act or the regulations.  R.S.O. 1990, c. P.7, s. 29 (1). Idem (2) Without limiting the generality of subsection (1), the Hearings Tribunal, (a) may decide in an order made under subsection 17 (1) or clause 25 (2) (a) that any job class is a female job class or a male job class; (b) may make rules for the conduct and management of its affairs and for the practice and procedure to be observed in matters before it; (c) may require that any person seeking a determination of any matter by the Hearings Tribunal shall give written notice, in such form and manner as the Hearings Tribunal specifies, to the persons that the Hearings Tribunal specifies; (d) may, upon the request of the parties or on its own initiative, convene one or more pre-hearing conferences; (e) may order a party to disclose such evidence and to produce such documents and other things as the Tribunal may specify before the commencement of a hearing; (f) may authorize the presiding officer or a deputy presiding officer to exercise the powers of the Tribunal under clause (d) or (e); and (g) may in a hearing admit such oral or written evidence as it, in its discretion, considers proper, whether admissible in a court of law or not.  R.S.O. 1990, c. P.7, s. 29 (2); 1993, c. 4, s. 17. Panels (3) The presiding officer may establish panels of the Hearings Tribunal and it may sit in two or more panels simultaneously so long as a quorum of the Hearings Tribunal is present on each panel. Quorum (4) The presiding officer or a deputy presiding officer, one member representative of employers and one member representative of employees constitute a quorum and are sufficient for the exercise of all the jurisdiction and powers of the Hearings Tribunal. Decisions (5) The decision of the majority of the members of the Hearings Tribunal present and constituting a quorum is the decision of the Hearings Tribunal, but, if there is no majority, the decision of the presiding officer or deputy presiding officer governs.  R.S.O. 1990, c. P.7, s. 29 (3-5). Section Amendments with date in force (d/m/y) 1993, c. 4, s. 17 - 01/07/1993