E-12.001 - Pay Equity Act

Section 93 Disposition versions

2019-04-10

93. For the purposes of this Act, the duties of the Commission shall consist in

(1)  overseeing the establishment of pay equity plans, the determination of adjustments in compensation under Division III of Chapter II and the conduct of pay equity audits;

(2)  giving advice to the Minister, at his request or on its own initiative, on any matter related to pay equity after consulting, if the Commission sees fit to do so, with the bodies most representative of employers, employees and women;

(3)  authorizing an employer to establish a separate plan applicable to one or more establishments, if it is warranted by regional disparities;

(3.1)  approving the use of predominantly male job classes in an enterprise with characteristics similar to those of the enterprise concerned as comparators under the third paragraph of section 13;

(4)  determining the mode of designation of members representing the employees on a pay equity committee or pay equity audit committee, in accordance with the second paragraph of section 21;

(5)  determining, on the application of a certified association or of an employee not represented by a certified association, whether the number of employees’ representatives on a pay equity committee or pay equity audit committee is in conformity with the provisions of section 20 and, if need be, fix the number of employees’ representatives that may be designated;

(5.1)  authorizing a mode of designation of representatives to a pay equity committee pay equity audit committee other than that provided for in the first paragraph of section 23;

(5.2)  authorizing, in accordance with section 30.1, a committee composition different from that prescribed in subdivision 2 of Division I of Chapter II for a pay equity or pay equity audit committee;

(6)  making non-adversary investigations, either on its own initiative or following a dispute referred to in section 96 or 98 or following a complaint under section 96.1, 97, 99, 100, 101 or 107 and, where expedient, determining the measures to be taken to ensure that the provisions of this Act are being complied with;

(7)  making non-adversary investigations following a complaint under section 19 of the Charter of human rights and freedoms (chapter C-12) filed by an employee of an enterprise employing fewer than 10 employees, alleging discrimination in compensation between a predominantly female job class and a predominantly male job class;

(8)  lending assistance to enterprises by developing tools to facilitate the implementation of pay equity plans and the conduct of pay equity audits;

(9)  developing tools to facilitate the achievement of pay equity in enterprises employing fewer than 50 employees;

(10)  fostering the creation of sector-based pay equity committees, assisting them in their work and approving, where expedient, the pay equity plan or pay equity audit elements developed by such committees;

(11)  fostering a coordination of efforts within enterprises for the implementation of pay equity plans and the conduct of pay equity audits, and encouraging the participation of the persons concerned;

(12)  assisting in the training of pay equity committee and pay equity audit committee members;

(13)  disseminating information designed to promote understanding and acceptance of the purpose and provisions of this Act; and

(14)  conducting research and studies on any matter related to pay equity, in particular by means of consultations with any person having an interest in working environments where there are no predominantly male job classes.

For the purposes of subparagraph 6 of the first paragraph, in the case of a complaint filed under the second paragraph of section 100 or an investigation conducted on its own initiative in relation to a pay equity audit for which the required postings were not made, the Commission may investigate only in respect of the last pay equity audit for which the postings should have been made.

The Commission must make sure that the information concerning enterprises that it obtains in the course of its information and assistance activities is not used for the purposes of investigations or in the processing of a complaint or dispute.

1996, c. 43, s. 93; 2006, c. 6, s. 9; 2009, c. 9, s. 28; 2019, c. 4, s. 15.

2009-05-28

93. For the purposes of this Act, the duties of the Commission shall consist in

(1)  overseeing the establishment of pay equity plans, the determination of adjustments in compensation under Division III of Chapter II and the conduct of pay equity audits;

(2)  giving advice to the Minister, at his request or on its own initiative, on any matter related to pay equity after consulting, if the Commission sees fit to do so, with the bodies most representative of employers, employees and women;

(3)  authorizing an employer to establish a separate plan applicable to one or more establishments, if it is warranted by regional disparities;

(3.1)  approving the use of predominantly male job classes in an enterprise with characteristics similar to those of the enterprise concerned as comparators under the third paragraph of section 13;

(4)  determining the mode of designation of members representing the employees on a pay equity committee or pay equity audit committee, in accordance with the second paragraph of section 21;

(5)  determining, on the application of a certified association or of an employee not represented by a certified association, whether the number of employees’ representatives on a pay equity committee or pay equity audit committee is in conformity with the provisions of section 20 and, if need be, fix the number of employees’ representatives that may be designated;

(5.1)  authorizing a mode of designation of representatives to a pay equity committee pay equity audit committee other than that provided for in the first paragraph of section 23;

(5.2)  authorizing, in accordance with section 30.1, a committee composition different from that prescribed in subdivision 2 of Division I of Chapter II for a pay equity or pay equity audit committee;

(6)  making non-adversary investigations, either on its own initiative or following a dispute referred to in section 96 or 98 or following a complaint under section 96.1, 97, 99, 100, 101 or 107 and, where expedient, determining the measures to be taken to ensure that the provisions of this Act are being complied with;

(7)  making non-adversary investigations following a complaint under section 19 of the Charter of human rights and freedoms (chapter C-12) filed by an employee of an enterprise employing fewer than 10 employees, alleging discrimination in compensation between a predominantly female job class and a predominantly male job class;

(8)  lending assistance to enterprises by developing tools to facilitate the implementation of pay equity plans and the conduct of pay equity audits;

(9)  developing tools to facilitate the achievement of pay equity in enterprises employing fewer than 50 employees;

(10)  fostering the creation of sector-based pay equity committees, assisting them in their work and approving, where expedient, the pay equity plan or pay equity audit elements developed by such committees;

(11)  fostering a coordination of efforts within enterprises for the implementation of pay equity plans and the conduct of pay equity audits, and encouraging the participation of the persons concerned;

(12)  assisting in the training of pay equity committee and pay equity audit committee members;

(13)  disseminating information designed to promote understanding and acceptance of the purpose and provisions of this Act; and

(14)  conducting research and studies on any matter related to pay equity, in particular by means of consultations with any person having an interest in working environments where there are no predominantly male job classes.

The Commission must make sure that the information concerning enterprises that it obtains in the course of its information and assistance activities is not used for the purposes of investigations or in the processing of a complaint or dispute.

1996, c. 43, s. 93; 2006, c. 6, s. 9; 2009, c. 9, s. 28.

2006-05-25

93. For the purposes of this Act, the duties of the Commission shall consist in

(1)  overseeing the establishment of pay equity plans, seeing to maintenance of pay equity plan and, to such ends, requiring any information;

(2)  giving advice to the Minister, at his request or on its own initiative, on any matter related to pay equity after consulting, if the Commission sees fit to do so, with the bodies most representative of employers, employees and women;

(3)  authorizing an employer to establish a separate plan applicable to one or more establishments, if it is warranted by regional disparities;

(4)  determining the mode of designation of members representing the employees on a pay equity committee, in accordance with the second paragraph of section 21;

(5)  determining, on the application of a certified association or of an employee not represented by a certified association, whether the number of employees’ representatives on a pay equity committee is in conformity with the provisions of section 20 and, if need be, fix the number of employees’ representatives that may be designated;

(5.1)  authorizing a mode of designation of representatives to a pay equity committee other than that provided for in the first paragraph of section 23;

(6)  making non-adversary investigations, either on its own initiative or following a dispute referred to in the first paragraph of section 96 or in section 98 or following a complaint under the second paragraph of section 96 or under section 97, 99, 100, 101 or 107 and, where expedient, determining the measures to be taken to ensure that the provisions of this Act are being complied with;

(7)  making non-adversary investigations following a complaint under section 19 of the Charter of human rights and freedoms (chapter C-12) filed by an employee of an enterprise employing fewer than 10 employees, alleging discrimination in compensation between a predominantly female job class and a predominantly male job class;

(8)  lending assistance to enterprises in the establishment of pay equity plans by developing tools to facilitate the implementation of pay equity plans;

(9)  developing tools to facilitate the achievement of pay equity in enterprises employing fewer than 50 employees;

(10)  fostering the creation of sector-based pay equity committees, assisting them in their work and approving, where expedient, the pay equity plan elements developed by such committees;

(11)  fostering a coordination of efforts within enterprises for the implementation of pay equity plans and encouraging the participation of the persons concerned;

(12)  assisting in the training of pay equity committee members;

(13)  disseminating information designed to promote understanding and acceptance of the purpose and provisions of this Act; and

(14)  conducting research and studies on any matter related to pay equity, in particular by means of consultations with any person having an interest in working environments where there are no predominantly male job classes.

1996, c. 43, s. 93; 2006, c. 6, s. 9.

1996-11-21

93. For the purposes of this Act, the duties of the Commission shall consist in

(1)  overseeing the establishment of pay equity plans, seeing to maintenance of pay equity plan and, to such ends, requiring any information;

(2)  giving advice to the Minister, at his request or on its own initiative, on any matter related to pay equity after consulting, if the Commission sees fit to do so, with the bodies most representative of employers, employees and women;

(3)  authorizing an employer to establish a separate plan applicable to one or more establishments, if it is warranted by regional disparities;

(4)  determining the mode of designation of members representing the employees on a pay equity committee, in accordance with the second paragraph of section 21;

(5)  determining, on the application of a certified association or of an employee not represented by a certified association, whether the number of employees’ representatives on a pay equity committee is in conformity with the provisions of section 20 and, if need be, fix the number of employees’ representatives that may be designated;

(6)  making non-adversary investigations, either on its own initiative or following a dispute referred to in the first paragraph of section 96 or in section 98 or following a complaint under the second paragraph of section 96 or under section 97, 99, 100, 101 or 107 and, where expedient, determining the measures to be taken to ensure that the provisions of this Act are being complied with;

(7)  making non-adversary investigations following a complaint under section 19 of the Charter of human rights and freedoms (chapter C-12) filed by an employee of an enterprise employing fewer than 10 employees, alleging discrimination in compensation between a predominantly female job class and a predominantly male job class;

(8)  lending assistance to enterprises in the establishment of pay equity plans by developing tools to facilitate the implementation of pay equity plans;

(9)  developing tools to facilitate the achievement of pay equity in enterprises employing fewer than 50 employees;

(10)  fostering the creation of sector-based pay equity committees, assisting them in their work and approving, where expedient, the pay equity plan elements developed by such committees;

(11)  fostering a coordination of efforts within enterprises for the implementation of pay equity plans and encouraging the participation of the persons concerned;

(12)  assisting in the training of pay equity committee members;

(13)  disseminating information designed to promote understanding and acceptance of the purpose and provisions of this Act; and

(14)  conducting research and studies on any matter related to pay equity, in particular by means of consultations with any person having an interest in working environments where there are no predominantly male job classes.

1996, c. 43, s. 93.