jswizzle3737/ontario_laws_and_regs huggingface dataset:
29.1 (1) If, after a panel of the Hearings Tribunal begins holding a hearing respecting a matter but before it reaches a decision on all the issues before it, the presiding officer or deputy presiding officer dies or becomes incapacitated, another panel of the Tribunal shall decide whether, (a) the hearing should continue but with the member who died or became incapacitated having been replaced by a presiding officer or deputy presiding officer; or (b) a new hearing should be held before another panel. Same (2) If, after a panel of the Hearings Tribunal begins holding a hearing respecting a matter and before it reaches a decision on all the issues before it, a member who is a representative of employers or employees dies or becomes incapacitated, another panel of the Tribunal shall decide whether, (a) the hearing should continue but with the member who died or became incapacitated having been replaced by another representative of employers or employees, as the case may be; (b) the hearing should continue but with the members who are representative of employers and employees having been replaced by other representatives of employers and employees; (c) the hearing should continue without representatives of either employers or employees; or (d) a new hearing should be held before another panel. Panels (3) If it is decided that there should be a new hearing before another panel, that panel may include a member of the panel one of whose members died or became incapacitated. Severable matters (4) A panel that decides that there should be a new hearing under clause (1) (b) or (2) (d) may, if the previous panel had reached a decision respecting some of the issues before it, direct that any decision respecting those issues stands and that the new panel should consider only the issues that remain outstanding. Hearing (5) Before making a decision under subsection (1) or (2), the panel shall hold a hearing. One-person quorum (6) If it is decided that a hearing should continue under clause (2) (c), the presiding officer or deputy presiding officer, as the case may be, shall constitute a quorum and shall resume the hearing without the other member. New panel (7) If a new hearing is held under this section, subsections 29 (4) and (5) apply, with necessary modifications.  1993, c. 4, s. 18. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 18 - 01/07/1993
30 (1) The Hearings Tribunal has exclusive jurisdiction to exercise the powers conferred upon it by or under this Act and to determine all questions of fact or law that arise in any matter before it and the action or decision of the Hearings Tribunal thereon is final and conclusive for all purposes. Reconsideration of decisions, etc. (2) The Hearings Tribunal may at any time, if it considers it advisable to do so, reconsider a decision or order made by it and vary or revoke the decision or order.  R.S.O. 1990, c. P.7, s. 30.
31 Except with the consent of the Hearings Tribunal, no member of the Hearings Tribunal, employee of the Commission or person whose services have been contracted for by the Commission shall be required to testify in any civil proceeding, in any proceeding before the Hearings Tribunal or in any proceeding before any other tribunal respecting information obtained in the discharge of their duties or while acting within the scope of their employment under this Act.  R.S.O. 1990, c. P.7, s. 31. Parties to proceedings
32 (0.1) In this section, “representative” means, in respect of a proceeding under this Act, a person authorized under the Law Society Act
to represent a person or persons in that proceeding.  2006, c. 21, Sched. C, s. 127 (1). Parties to proceedings (1) Where a hearing is held before the Hearings Tribunal or where a review officer investigates for the purposes of effecting a settlement of an objection or complaint, the parties to the proceeding are, (a) the employer; (b) the objector or complainant; (c) the bargaining agent (if the pay equity plan relates to a bargaining unit) or the employees to whom the plan relates (if the plan does not relate to a bargaining unit); and (d) any other persons entitled by law to be parties.  R.S.O. 1990, c. P.7, s. 32 (1); 1993, c. 4, s. 19 (1). Same (1.1) The Hearings Tribunal or a review officer may require an employer to post a notice relating to this Act in a workplace.  1993, c. 4, s. 19 (2). Notice (2) Where the Hearings Tribunal or a review officer requires that a notice be given by the employer to employees, the employer shall post the notice in the workplace and such notice shall be deemed to have been sufficiently given to all employees in the workplace when it is so posted.  R.S.O. 1990, c. P.7, s. 32 (2). Same (2.1) If the Hearings Tribunal is satisfied that a notice required to be posted under subsection (1.1) has not been posted, the Tribunal may order a review officer to enter the workplace and post the notice.  1993, c. 4, s. 19 (2). Representation (3) An employee or a group of employees may appoint a representative to represent the employee or group of employees before the Hearings Tribunal or before a review officer.  2006, c. 21, Sched. C, s. 127 (2). Idem (4) Where an employee or group of employees advises the Hearings Tribunal or the Pay Equity Office in writing that the employee or group of employees wishes to remain anonymous, the representative of the employee or group of employees shall be the party to the proceeding before the Hearings Tribunal or review officer and not the employee or group of employees.  R.S.O. 1990, c. P.7, s. 32 (4); 1993, c. 4, s. 19 (3); 2006, c. 21, Sched. C, s. 127 (3). Idem (5) Where subsection (4) applies, the representative, in the representative’s name, may take all actions that an employee may take under this Act including the filing of objections under Part II and the filing of complaints under Part IV.  R.S.O. 1990, c. P.7, s. 32 (5); 2006, c. 21, Sched. C, s. 127 (4). Section Amendments with date in force (d/m/y) 1993, c. 4, s. 19 (1-3) - 01/07/1993 2006, c. 21, Sched. C, s. 127 (1-4) - 01/05/2007
33 (1) The Pay Equity Office is responsible for the enforcement of this Act.  R.S.O. 1990, c. P.7, s. 33 (1); 1993, c. 4, s. 20 (1). Idem (2) Without limiting the generality of subsection (1), the Pay Equity Office, (a) may conduct research and produce papers concerning any aspect of pay equity and related subjects and make recommendations to the Minister in connection therewith; (b) may conduct public education programs and provide information concerning any aspect of pay equity and related subjects; (c) shall provide support services to the Hearings Tribunal; (d) shall conduct such studies as the Minister requires and make reports and recommendations in relation thereto; (e) shall conduct a study with respect to systemic gender discrimination in compensation for work performed, in sectors of the economy where employment has traditionally been predominantly female, by female job classes in establishments that have no appropriate male job classes for the purpose of comparison under section 5 and, within one year of the effective date, shall make reports and recommendations to the Minister in relation to redressing such discrimination; and (f) shall prepare and make available to employers a form of notice to be posted under subsection 7.1 (1).  R.S.O. 1990, c. P.7, s. 33 (2); 1993, c. 4, s. 20 (2). Chief administrative officer (3) The Lieutenant Governor in Council shall appoint a person to be the head of the Pay Equity Office and that person shall be the chief administrative officer of the Commission. Minister may require studies, etc. (4) The Minister may require the Pay Equity Office to conduct such studies related to pay equity as are set out in a request to the head of the Office and to make reports and recommendations in relation thereto. Annual report (5) The head of the Pay Equity Office shall prepare an annual report on the Commission, provide it to the Minister no later than 90 days after the end of the Commission’s fiscal year and make it available to the public. 2017, c. 34, Sched. 46, s. 47. Same (6) The head of the Pay Equity Office shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; and (b) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 47. Same (7) The head of the Pay Equity Office shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 47. Tabling of annual report (8) The Minister shall table the annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 47. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 20 (1, 2) - 01/07/1993 2017, c. 34, Sched. 46, s. 47 - 01/01/2018
34 (1) The head of the Pay Equity Office shall designate one or more employees of the Office to be review officers. Review officers, duties (2) Review officers shall monitor the preparation and implementation of pay equity plans, shall investigate objections and complaints filed with the Commission, may attempt to effect settlements and shall take such other action as is set out in this Act or in an order of the Hearings Tribunal. Powers (3) A review officer, for the purpose of carrying out his or her duties, (a) may enter any place at any reasonable time; (b) may request the production for inspection of documents or things that may be relevant to the carrying out of the duties; (c) upon giving a receipt therefor, may remove from a place documents or things produced pursuant to a request under clause (b) for the purpose of making copies or extracts and shall promptly return them to the person who produced them; (d) may question a person on matters that are or may be relevant to the carrying out of the duties subject to the person’s right to have counsel or some other representative present during the examination; and (e) may provide in an order made under subsection 16 (2) or 24 (1) that any job class is a female job class or a male job class. Procedure (4) The Statutory Powers Procedure Act
does not apply to a review officer and he or she is not required to hold a hearing before making an order authorized by this Act.  R.S.O. 1990, c. P.7, s. 34.
35 (1) A person shall not exercise a power of entry conferred by this Act to enter a place that is being used as a dwelling without the consent of the occupier except under the authority of a warrant issued under this section. Warrant for search (2) Where a justice of the peace is satisfied on evidence upon oath that there are in a place documents or things that there is reasonable ground to believe will afford evidence relevant to the carrying out of a review officer’s duties under this Act, the justice of the peace may issue a warrant in the prescribed form authorizing the review officer named in the warrant to search the place for any such documents or things and to remove them for the purposes of making copies or extracts and they shall be returned promptly to the place from which they were removed. Warrant for entry (3) Where a justice of the peace is satisfied on evidence upon oath that there is reasonable ground to believe it is necessary that a place being used as a dwelling or to which entry has been denied be entered so that a review officer may carry out his or her duties under this Act, the justice of the peace may issue a warrant in the prescribed form authorizing such entry by the review officer named in the warrant. Execution and expiry of warrant (4) A warrant issued under this section, (a) shall specify the hours and days during which it may be executed; and (b) shall name a date on which it expires, which date shall not be later than fifteen days after its issue. Obstruction (5) No person shall hinder, obstruct or interfere with a review officer in the execution of a warrant or otherwise impede a review officer in carrying out his or her duties under this Act. Idem (6) Subsection (5) is not contravened where a person refuses to produce documents or things, unless a warrant has been issued under subsection (2). Admissibility of copies (7) Copies of, or extracts from, documents and things removed from premises under this Act and certified as being true copies of, or extracts from, the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents or things of which they are copies or extracts.  R.S.O. 1990, c. P.7, s. 35. PART VI   REGULATIONS AND MISCELLANEOUS
36 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing forms and notices and providing for their use; (b) prescribing methods for determining the historical incumbency of a job class; (c) prescribing criteria that shall be taken into account in deciding whether a job class is a female job class or a male job class; (c.1) prescribing bodies for the purposes of clause 1.1 (1) (b); (d) prescribing the method of valuing any form of compensation; (e) prescribing criteria that shall be taken into account in determining whether work performed in two job classes is of equal or comparable value; (f) prescribing criteria that shall be taken into account in deciding whether or not a difference in compensation between a female job class and a male job class is a difference that is permitted by subsection 8 (1) or (2); (f.1) prescribing limitations on the requirement that an employer maintain pay equity for a female job class; (g) permitting the Hearings Tribunal, on the application of an employer and in accordance with such criteria as may be prescribed in the regulations, to change the mandatory posting date and the dates for adjustments in compensation to dates later than those set out in Part II and to vary the minimum adjustments in compensation required by that Part, subject to such conditions as the Hearings Tribunal may impose in its order granting the application; (g.1) prescribing one or more methods of comparing male and female job classes as proportional value methods of comparison; (h) amending the Appendix to the Schedule and providing that the mandatory posting date for an entity included in the Appendix by amendment is the date set out in the regulations.  R.S.O. 1990, c. P.7, s. 36; 1993, c. 4, s. 21 (1, 2); 1996, c. 1, Sched. J, s. 8; 2006, c. 35, Sched. C, s. 107 (4). Retroactivity (2) A regulation made under clause (1) (f.1) is, if it so provides, effective with reference to a period before it was filed.  1993, c. 4, s. 21 (3). Section Amendments with date in force (d/m/y) 1993, c. 4, s. 21 (1-3) - 01/07/1993; 1996, c. 1, Sched. J, s. 8 - 01/01/1997 2006, c. 35, Sched. C, s. 107 (4) - 20/08/2007
37 (1) Seven years after the effective date, the Lieutenant Governor in Council shall appoint a person who shall undertake a comprehensive review of this Act and its operation. Report to Minister (2) The person appointed under subsection (1) shall prepare a report on his or her findings and shall submit the report to the Minister. Idem (3) The Minister shall table the report before the Assembly if it is in session or, if not, at the next session.  R.S.O. 1990, c. P.7, s. 37.