E-12.001 - Pay Equity Act

Section 103.1 Disposition versions

2019-04-10

103.1. In the case of a complaint filed under the second paragraph of section 96.1, the second paragraph of section 97 or section 99, the Commission may not determine compensation adjustments applicable prior to or require the use of information dating before the date that is five years before the date on which the complaint was filed.

In the case of a complaint filed under section 100, the Commission may not determine adjustments applicable prior to or require the use of information dating before the start date of the pay equity audit period covered by the complaint.

When conducting an investigation on its own initiative under paragraph 6 of section 93 regarding compensation adjustments that have been determined or a pay equity plan or pay equity audit that has been completed, the Commission may not determine compensation adjustments applicable prior to or require the use of information dating before the date that occurred one year before the date on which the investigation commenced.

In any other case in which the Commission conducts an investigation on its own initiative,

(1)  if the investigation concerns an initial pay equity exercise, it may not determine compensation adjustments applicable prior to or require the use of information dating before the date that is five years before the date on which the investigation began; and

(2)  if the investigation concerns a pay equity audit, it may not determine adjustments applicable prior to or require the use of information dating before the start date of the pay equity audit period covered by the investigation.

2009, c. 9, s. 40; 2019, c. 4, s. 22.

2009-05-28

103.1. If the complaint was filed under the second paragraph of section 96.1, the second paragraph of section 97, section 99 or the second paragraph of section 100, the Commission may not determine compensation adjustments applicable prior to or require the use of information dating before the date that occurred five years before the date on which the complaint was filed.

If the complaint was filed under section 100 in connection with a pay equity audit, the Commission may not determine compensation adjustments applicable prior to the date referred to in the first paragraph of section 76.5.

When conducting an investigation on its own initiative under paragraph 6 of section 93 regarding compensation adjustments that have been determined or a pay equity plan or pay equity audit that has been completed, the Commission may not determine compensation adjustments applicable prior to or require the use of information dating before the date that occurred one year before the date on which the investigation commenced. In any other case in which the Commission is conducting an investigation on its own initiative, that date is the one that occurred five years before the date on which the investigation commenced.

2009, c. 9, s. 40.