C-1024057-58Elizabeth II2009An Act respecting the provision of equitable compensation in the public sector of CanadaPublic Sector Equitable Compensation ActPublic Sector Equitable Compensation20219
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P-31.652, s. 3942009[Enacted by section 394 of chapter 2 of the Statutes of Canada, 2009, not in force.]PreambleWhereas Parliament affirms that women in the public sector of Canada should receive equal pay for work of equal value;Whereas Parliament affirms that it is desirable to accomplish that goal through proactive means;And whereas employers in the public sector of Canada operate in a market-driven economy;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Public Sector Equitable Compensation Act.InterpretationDefinitionsThe following definitions apply in this Act.bargaining agent means an employee organization that is certified by the Board as the bargaining agent for the employees in a bargaining unit. (agent négociateur)bargaining unit means a group of two or more employees that is determined by the Board to constitute a unit of employees appropriate for collective bargaining. (unité de négociation)Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act. (Commission)collective agreement means an agreement in writing, entered into under Part 1 of the Federal Public Sector Labour Relations Act between the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters. (convention collective)compensation means any form of remuneration payable for work performed by an employee and includessalaries, commissions, vacation pay, severance pay and bonuses;payments in kind;employer contributions to pension funds or plans, long-term disability plans and all forms of health insurance plans; andany other advantage received directly or indirectly from the employer. (rémunération)employee means a person who is employed by an employer, other than a person who isappointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act; orlocally engaged outside Canada. (employé)employer means Her Majesty in right of Canada as represented bythe Treasury Board, in the case of a department named in Schedule I to the Financial Administration Act or another portion of the federal public administration named in Schedule IV to that Act; andthe separate agency, in the case of a portion of the federal public administration named in Schedule V to the Financial Administration Act. (employeur)female predominant, in relation to a job group or a job class, means a job group or job class, as the case may be, composed of at least 70% female employees. (à prédominance féminine)job class means two or more positions in the same job group that have similar duties and responsibilities, require similar qualifications, are part of the same compensation plan and are within the same range of salary rates. (catégorie d’emplois)job group has the meaning assigned by the regulations. (groupe d’emplois)non-unionized employee means an employee who is not a member of a bargaining unit that is represented by a bargaining agent. (employé non syndiqué)prescribed means prescribed by regulation. (Version anglaise seulement)unionized employee means an employee who is a member of a bargaining unit that is represented by a bargaining agent. (employé syndiqué)Royal Canadian Mounted PoliceFor greater certainty, members of the Royal Canadian Mounted Police are employees for the purposes of this Act.Canadian ForcesFor the purposes of this Act,officers and non-commissioned members of the Canadian Forces are deemed to be employees; andHer Majesty in right of Canada, as represented by the Treasury Board, is deemed to be the employer of those officers and members.2009, c. 2, s. 394 "2"; 2013, c. 40, s. 441; 2017, c. 9, ss. 50, 55Obligation to Provide Equitable CompensationObligations of employers and bargaining agentsAn employer shall, in respect of its non-unionized employees, take measures to provide them with equitable compensation in accordance with this Act. In the case of unionized employees, the employer and the bargaining agent shall take measures to provide those employees with equitable compensation in accordance with this Act.Notice to employeesEvery employer shall post, in the prescribed manner, a notice setting out the text of subsection (1) and describing the rights employees have under this Act.Equitable Compensation AssessmentEquitable compensation assessmentAn equitable compensation assessment under this Act assesses, without gender bias, the value of work performed by employees in a job group or a job class and identifies, by taking into account the prescribed factors, whether an equitable compensation matter exists.Determining valueThe criteria to be applied in assessing the value of the work performed by employees in a job group or a job class arethe composite of the skill, effort and responsibility required in the performance of the work and the conditions under which the work is performed; andthe employer’s recruitment and retention needs in respect of employees in that job group or job class, taking into account the qualifications required to perform the work and the market forces operating in respect of employees with those qualifications.PrecisionSubject to the regulations, an equitable compensation assessment in respect of a job group or job class is to be conducted having regard towith the exception of a job group or job class described in paragraph (d), in the case of a job group or job class within a portion of the federal public administration, including a department, described in paragraph (a) of the definition employer in subsection 2(1), only job groups or job classes, as the case may be, within any of those portions of the federal public administration, other than job groups or job classes described in paragraph (d);in the case of a job group or job class within a separate agency named in Schedule V to the Financial Administration Act, only job groups or job classes, as the case may be, within the separate agency;in the case of a job group or job class within the Canadian Forces, only job groups or job classes, as the case may be, within the Canadian Forces that consist of officers and non-commissioned members of the Canadian Forces; andin the case of a job group or job class within the Royal Canadian Mounted Police that consists of members of that organization, only job groups or job classes, as the case may be, within that organization that consist of such members.Equitable compensation matterAn equitable compensation matter exists in respect of a job group or a job class if an equitable compensation assessment determines, after taking into account the prescribed factors referred to in subsection (1), that equitable compensation is not being provided to employees in that job group or job class.RegulationsThe Governor in Council may make regulationsrespecting, for the purposes of subsection (1), the conducting of an equitable compensation assessment;respecting, for the purposes of paragraph (2)(a), what constitutes the skill, effort and responsibility required in the performance of work and the conditions under which the work is performed;respecting, for the purposes of paragraph (2)(b), what constitutes qualifications, and how an employer’s recruitment and retention needs are to be determined; andrestricting, for the purposes of subsection (3), the job groups or job classes to which an equitable compensation assessment is to have regard.Employers with Non-unionized EmployeesObligationsDetermining whether each job group is female predominantWithin each of the periods that is prescribed in respect of a job group, every employer that has non-unionized employees in that job group shall determine whether that job group is female predominant and, depending on the determination, comply with section 6 or 7.Determination — no female predominant job groupsIf an employer that has non-unionized employees determines that there are no female predominant job groups that contain at least the prescribed number of employees, the employer shall post, in the prescribed manner, for at least 90 days, a notice to that effect setting out the prescribed information.Dissatisfaction with employer’s determinationA non-unionized employee who is dissatisfied with his or her employer’s determination in the notice because the employee believes that he or she is part of a job group that contains at least the prescribed number of employees that is female predominant may, in the prescribed manner, so notify the employer within the prescribed period after the day on which the notice referred to in subsection (1) is first posted.Employer’s responseWithin the prescribed period after the day on which the notice under subsection (2) is given, the employer shall consider the issues raised in the notice and provide the employee with a response in writing.Determination — existence of female predominant job groupIf an employer that has non-unionized employees determines that a job group that contains at least the prescribed number of employees is female predominant, the employer shalldetermine, by conducting an equitable compensation assessment, whether any equitable compensation matters exist involving non-unionized employees in that job group and, if there are, prepare a plan to resolve them within a reasonable time; andprovide non-unionized employees in that job group, in the prescribed manner, with a report thatsets out a summary of the activities conducted by the employer under paragraph (a) and of consultations, if any, carried out under that paragraph,describes how the equitable compensation assessment in respect of that job group was conducted,states whether or not the employer has determined that an equitable compensation matter exists involving non-unionized employees in that job group and, if there is, describing the matter, andsets out the plan prepared under paragraph (a), if one was prepared.Right of non-unionized employeeA non-unionized employee of that job group may, in the prescribed manner, within the prescribed period after the day on which the employer provides the employee with the report, request that the employer take appropriate steps to provide him or her with equitable compensation within a reasonable time if the employee is of the opinion that he or she will not receive equitable compensation because his or her employer has not prepared a plan under paragraph (1)(a) or, if one was prepared, the plan, in the employee’s opinion, does not provide for equitable compensation within a reasonable time.ResponseWithin the prescribed period after the day on which the request is made, the employer shall consider the matters raised in it and respond to the employee in writing. The employer shall indicate in the response whether it intends to take any measure as a result of the request andif so, the period during which that measure is to be implemented; orif not, the reasons for not doing so.Implementation of planAn employer that has non-unionized employees and that provides a report under paragraph 7(1)(b) or as a result of an order made under this Act — or under a response given under subsection 7(3) or 9(3) — that contains a plan shall implement the plan in accordance with its terms.When obligation ceasesSubsection (1) ceases to apply in respect of a plan if the employer subsequently provides another plan under this Act that deals with the same job group or job class, as the case may be.Request concerning equitable compensation — job classA non-unionized employee of an employer may, in the prescribed manner, within the prescribed period, request that the employer take appropriate steps to provide him or her with equitable compensation within a reasonable time if the employee has reasonable grounds to believethat he or she is a member of a female predominant job class; andthat an equitable compensation assessment conducted in respect of that job class would lead to the identification of an equitable compensation matter.Information that must be providedThe employee who makes the request shall, in the prescribed manner, provide the employer with a statement thatdescribes the female predominant job class of which the employee alleges he or she is a member; andsets out the reasonable grounds that the employee has to believe the matters referred to in paragraphs (1)(a) and (b).ResponseWithin the prescribed period after the day on which the request is made, the employer shall consider the matters raised in it and respond to the employee in writing. The employer shall indicate in the response whether it intends to take any measure as a result of the request andif so, the period during which that measure is to be implemented; orif not, the reasons for not doing so.ComplaintsFailure to complyA non-unionized employee may, in a form acceptable to the Board, file a complaint with the Board if the employee is of the opinion that his or her employer has failed to comply with section 5 or subsection 6(1) or (3), 7(1) or (3), 8(1) or 9(3).Dissatisfaction with employer’s responseA non-unionized employee who is provided with a response under subsection 9(3) may, in a form acceptable to the Board, within the prescribed period after the response is provided, file a complaint with the Board ifthe employee is dissatisfied with any matter in the response; andthe employee has reasonable grounds to believethat he or she is a member of a female predominant job class, andthat an equitable compensation assessment conducted in respect of that job class would lead to the identification of an equitable compensation matter.Information that must be providedThe complaint mustdescribe the female predominant job class of which the employee alleges he or she is a member; andset out the reasonable grounds that the employee has to believe the matters referred to in subparagraphs (1)(b)(i) and (ii).Accompanying documentsThe complaint must be accompanied by a copy ofthe employee’s request made under subsection 9(1); andthe employer’s response given under subsection 9(3).Employers with Unionized EmployeesObligationsProvision of statement setting out number of employees — collective agreement in forceWithin the prescribed period before the expiry of the term of a collective agreement between an employer and a bargaining agent and in the prescribed manner, the employer shall provide the bargaining agent with a statement that sets out, in respect of each job group that consists in whole or in part of members of bargaining units that are represented by the bargaining agent, the number of employees that form part of that job group and the number of employees in that job group that are males and the number that are females. If the bargaining agent has not already made the statement available to all those employees, the bargaining agent shall make a copy of it available to any of them who request it.Provision of statement setting out number of employees — no collective agreementIf there is no collective agreement between an employer and a bargaining agent but that bargaining agent has been certified to represent employees in a bargaining unit that consists in whole or in part of the employer’s employees, the employer shall, at the request of the bargaining agent, provide the bargaining agent with a statement that sets out, in respect of each job group that consists in whole or in part of employees who are members of that bargaining unit, the number of the employees that form part of that job group and the number of employees in that job group that are males and the number that are females. If the bargaining agent has not already made available any statement that it has received to all those employees, the bargaining agent shall make a copy of it available to any of them who request it.Preparatory workAn employer and a bargaining agent shall, before collective bargaining begins, each conduct preparatory work to enable it, during collective bargaining, to raise or to respond to questions concerning the provision of equitable compensation to employees in female predominant job groups.Notice describing female predominant job groupAn employer or a bargaining agent that intends to negotiate collectively in respect of the provision of equitable compensation to employees in a female predominant job group shall, without delay, provide the other party with a notice that identifies the female predominant job group concerned.Report in relation to equitable compensation mattersAn employer or a bargaining agent that raises any equitable compensation matter in the course of collective bargaining in respect of a female predominant job group shall, without delay, provide the other party with a report thatidentifies the female predominant job group to which the matter relates;describes how the equitable compensation assessment was conducted in respect of that female predominant job group; andsets out how the equitable compensation matter should be resolved.Collective agreementThe provisions of a collective agreement between an employer and a bargaining agent in relation to equitable compensation may not be inconsistent with sections 113 and 238.19 of the Federal Public Sector Labour Relations Act.2009, c. 2, s. 394 “16”; 2017, c. 9, s. 51ArbitrationRequest for arbitrationIf arbitration has been chosen under subsection 103(1) of the Federal Public Sector Labour Relations Act as, or is, by reason of section 238.18 of that Act, the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for arbitration under subsection 136(1) of that Act.2009, c. 2, s. 394 “17”; 2013, c. 40, s. 361; 2017, c. 9, s. 52; 2018, c. 24, s. 28Obligations of arbitration bodyThe body seized of a request for arbitration under the Federal Public Sector Labour Relations Act that includes questions concerning the provision of equitable compensation to employees shall, in the absence of any agreement by the parties, determine whether any job group is female predominant and, if it determines that it is, determine how the equitable compensation assessment in respect of that job group is to be conducted.2009, c. 2, s. 394 “18”; 2017, c. 9, s. 55Arbitral awardThe body seized of a request for arbitration under the Federal Public Sector Labour Relations Act that includes equitable compensation matters shall, subject to sections 150 and 238.22 of that Act, make an arbitral award that sets out a plan to resolve those matters within a reasonable time.ReportAs soon as feasible after making an arbitral award that sets out a plan referred to in subsection (1), the body making the award shall prepare and make available to the Chairperson of the Board, in the prescribed manner, a report thatsets out how the equitable compensation assessment in respect of every female predominant job group to which the award relates was conducted; andif the body has decided that an equitable compensation matter exists, specifies whether or not that matter is to be resolved during the term of the arbitral award.Copy to employer and bargaining agentOn receipt of the report, the Chairperson of the Board shall, without delay, send a copy to the employer and the bargaining agent concerned and may cause the report to be published in any manner that the Chairperson considers appropriate.2009, c. 2, s. 394 “19”; 2017, c. 9, s. 53ConciliationRequest for conciliationIf conciliation has been chosen under subsection 103(1) of the Federal Public Sector Labour Relations Act as the process for the resolution of disputes, questions concerning the provision of equitable compensation to employees may be the subject of a request for conciliation under subsection 161(1) of that Act.2009, c. 2, s. 394 “20”; 2013, c. 40, s. 362; 2017, c. 9, s. 55; 2018, c. 24, s. 29Obligations of public interest commission seized of request for conciliationA public interest commission seized of a request for conciliation under the Federal Public Sector Labour Relations Act that includes questions concerning the provision of equitable compensation to employees shalldetermine, in the absence of any agreement by the parties, whether any job group is female predominant and, if it determines that it is, recommend how the equitable compensation assessment in respect of that job group should be conducted; andinclude in its report, subject to section 177 of the Federal Public Sector Labour Relations Act, recommendations that, if accepted by the parties, would result in the provision of equitable compensation to the employees concerned.2009, c. 2, s. 394 “21”; 2017, c. 9, s. 55RatificationObligation to prepare reportBefore a bargaining agent submits a proposed collective agreement to employees for ratification, the employer and the bargaining agent shall jointly prepare and make available, in the prescribed manner, to the employees to whom the proposed collective agreement relates, a report thatsets out how the equitable compensation assessment in respect of every female predominant job group was conducted; andif, in the course of the bargaining that led to the proposed collective agreement, the employer and the bargaining agent have determined that an equitable compensation matter exists, describes the matter and specifies whether that matter is to be resolved during the term of the proposed collective agreement and if not, the reasonable time within which it is to be resolved.ComplaintsFailure to complyA unionized employee may, in a form acceptable to the Board, file a complaint with the Board if the employee has reasonable grounds to believe that his or her employer or bargaining agent has failed to comply with section 12.Lack of equitable compensationAn employee who is bound by a collective agreement entered into by an employer and a bargaining agent may, in a form acceptable to the Board, within 60 days after the day on which the collective agreement was entered into, file a complaint with the Board ifthe employee has reasonable grounds to believethat he or she is a member of a female predominant job class, andthat an equitable compensation assessment conducted in respect of that job class would lead to the identification of an equitable compensation matter; andthe employee is of the opinion that he or she will not receive equitable compensation during the term of that collective agreement or within a reasonable period after the expiry of that term.Information that must be providedThe complaint mustdescribe the female predominant job class of which the employee alleges he or she is a member; andset out the reasonable grounds the employee has to believe the matters referred to in subparagraphs (1)(a)(i) and (ii).Federal Public Sector Labour Relations and Employment BoardGeneralApplication of Federal Public Sector Labour Relations ActThe provisions of the Federal Public Sector Labour Relations Act apply, with any modifications that the circumstances require, in relation to any complaint or order made under this Act as though the complaint or order were a complaint or order, as the case may be, made under that Act.RegulationsThe Board may make regulations concerning the procedure in respect of the making of complaints under this Act and any other matter that is incidental or conducive to the exercise of its powers and the performance of its duties and functions under this Act.2009, c. 2, s. 394 “25”; 2013, c. 40, s. 443; 2017, c. 9, s. 55Power to extend periodThe Board may extend the period for filing a complaint under this Act by up to 60 days if it is satisfied that exceptional circumstances justify the extension.Notice to employer and bargaining agentThe Board shall send a copy of every complaint filed with it under this Act, together with all of the information accompanying it, to the employer or bargaining agent, as the case may be — or, in the case of a complaint filed under section 24, to the employer and the bargaining agent — to whom the complaint relates.Notice to employeeIf the Board decides not to deal with a complaint filed with it under this Act, it shall send a written notice of its decision and the reasons for it to the employee who filed the complaint and to the employer or bargaining agent, as the case may be — or, in the case of a complaint filed under section 24, to the employer and the bargaining agent — to whom the complaint relates.2009, c. 2, s. 394 "28"; 2013, c. 40, s. 444Complaints Filed by Non-unionized EmployeesComplaints under section 10The Board may, in respect of a complaint filed under section 10, dismiss the complaint or, by order, if the Board determines that the employer has failed to comply with section 5 or subsection 6(1) or (3), 7(1) or (3), 8(1) or 9(3) direct the employer to comply with that provision within the period specified by the Board in the order.Complaints under section 11The Board may, in respect of a complaint filed under section 11, dismiss the complaint or, by order, require the employer to file with the Board, within the period specified by it in the order, a report that sets out the following, in respect of the female predominant job class of which the complainant is, according to the Board, a member:how the employer has, since the making of the order, conducted an equitable compensation assessment in respect of the job class; andif the equitable compensation assessment identified an equitable compensation matter in respect of the job class, the employer’s plan to resolve that matter within a reasonable period.Power if employer has committed manifestly unreasonable errorIf, after receiving a report required by an order made under subsection (1), the Board is of the opinion that the employer has committed an error that is manifestly unreasonable in conducting an equitable compensation assessment or that the employer’s plan fails to make reasonable progress toward resolving an equitable compensation matter, the Board may, by order, require the employer totake measures to correct the error or to alter the plan in such a way that it makes reasonable progress toward resolving the equitable compensation matter; andfile a report with the Board, within the period specified by it in the order, describing the measures that the employer has taken.Power to determine equitable compensation matterIf, after receiving a report required by an order made under subsection (2), the Board is of the opinion that the employer has committed an error that is manifestly unreasonable in the fulfilment of its obligations to take the measures referred to in paragraph (2)(a), the Board shall determine, by having regard to the equitable compensation assessment conducted by the employer or by itself conducting an equitable compensation assessment in respect of the female predominant job class of which the complainant is, according to the Board, a member, if any equitable compensation matters exist in respect of the job class and, if it determines that there are, the Board may, by order, require the employer topay the complainant a lump sum as compensation with respect to the matter in relation to the period that begins on the day specified by the Board, which day may not be earlier than the day determined under subsection (4), and that ends on the day on which the order is made; andpay equitable compensation to the employees in the job class in relation to the period that begins on the day on which the order is made and that ends on the day on which the employer next complies with section 6 or 7 in respect of the job group that includes that job class.Determination of dayFor the purposes of subsection (3), the day is the day on which the complainant made a request under subsection 9(1).Failure to file reportIf the employer fails to file a report required by an order made under subsection (1) or (2), the Board may, by order, grant another period of time to file the report or, if the Board considers that there are exceptional circumstances to justify doing so, declare that the employer has committed a manifestly unreasonable error described in subsection (3). If the Board makes that declaration, subsection (3) applies.Report to be made availableThe Board shall make every report received as a result of an order made under this section available to the public.Power to require posting of orderThe Board may, in an order made under this section, require the employer to post a copy of it, for at least 90 days, in the prescribed manner.Complaints Filed by Unionized EmployeesComplaints under section 23The Board may, in respect of a complaint filed under section 23, dismiss the complaint or, by order, if the Board determines that the employer or the bargaining agent has failed to comply with section 12, direct the employer or bargaining agent, as the case may be, to comply with section 12 within the period specified by the Board in the order.Complaints under section 24 — power to require statementThe Board may, in respect of a complaint filed under section 24, direct the employer and the bargaining agent to file with it, within the period specified by it, a copy of the report that they made available to employees under section 22 and a written statement thatidentifies the job class of which the complainant is, according to the employer and the bargaining agent, a member; andindicates whether the job class referred to in paragraph (a) is female predominant and, if it is, sets out how an equitable compensation assessment should be conducted in respect of that job class.Complaints under section 24 — power to dismiss or make ordersThe Board may, in respect of a complaint filed under section 24, dismiss the complaint or, by order, require the employer and the bargaining agent to file with the Board, within the period specified by it in the order, a report that sets out the following in respect of the female predominant job class of which the complainant is, according to the Board, a member:how the employer and the bargaining agent have, since the making of the order, conducted an equitable compensation assessment in respect of the job class; andif the equitable compensation assessment identified an equitable compensation matter in respect of the job class, their plan to resolve that matter in the course of the next collective bargaining that begins after the day on which the order is made or, if they are collectively bargaining on that day, in the course of that collective bargaining.Power if employer and bargaining agent have committed manifestly unreasonable errorIf, after receiving a report required by an order made under subsection (1), the Board is of the opinion that the employer and the bargaining agent have committed an error that is manifestly unreasonable in conducting an equitable compensation assessment or that their plan fails to make reasonable progress toward resolving an equitable compensation matter, the Board may, by order,require the employer and the bargaining agent totake measures to correct the error or to alter the plan in such a way that it makes reasonable progress toward resolving the equitable compensation matter, andfile a report with the Board, within the period specified by it in the order, describing the measures the employer and the bargaining agent have taken; andif more than two years remain before the termination date of the current collective agreement between the employer and the bargaining agent, alter the collective agreement in such a way that the termination date is any day specified by the Board that is within the period that begins two years after the day on which the order is made and that ends on the day that would otherwise have been the termination date.Power to determine equitable compensation matterIf, after receiving a report required by an order made under subsection (2), the Board is of the opinion that the employer and the bargaining agent that prepared the report have committed an error that is manifestly unreasonable in the fulfilment of their obligations to take the measures referred to in subparagraph (2)(a)(i), the Board shall determine, by having regard to the equitable compensation assessment conducted by the employer and the bargaining agent or by itself conducting an equitable compensation assessment in respect of the female predominant job class of which the complainant is, according to the Board, a member, if any equitable compensation matters exist in respect of the job class and, if it determines that there are, the Board may, by order,require the employer or the employer and the bargaining agent to pay the complainant a lump sum as compensation with respect to the matter in relation to the period that begins on the day on which the collective agreement during which the complaint was made became effective and binding and that ends on the day on which the order is made; andsubject to subsection (4), alter any collective agreement that binds the employer and the bargaining agent on the day on which the order is made so that the employees of the job class receive equitable compensation for the remainder of the term of the collective agreement.When order under paragraph (3)(b) not necessaryThe Board may refrain from making an order under paragraph (3)(b) if it is satisfied that the employer, or the employer and the bargaining agent, have taken the measures that are necessary to provide the employees of the job class with equitable compensation.Failure to file reportIf the employer and the bargaining agent fail to file a report required by an order made under subsection (1) or (2), the Board may, by order, grant another period of time to file the report or, if the Board considers that there are exceptional circumstances to justify doing so, declare that the employer and the bargaining agent have committed a manifestly unreasonable error described in subsection (3). If the Board makes that declaration, subsection (3) applies.Federal Public Sector Labour Relations Act appliesThe Federal Public Sector Labour Relations Act applies in respect of a collective agreement altered under an order made under paragraph (2)(b) or (3)(b) as if it had been entered into under that Act.Report to be made availableThe Board shall make every report received as a result of an order made under this section available to the public.Power to require posting of orderThe Board may, in an order made under this section, require the employer to post a copy of it, for at least 90 days, in the prescribed manner.2009, c. 2, s. 394 “33”; 2017, c. 9, s. 55CostsPower to require payment of costsThe Board may, in making an order under this Act, require the employer, the bargaining agent or the employer and the bargaining agent, as the case may be, to pay to the complainant all or any part of the costs and expenses incurred by the complainant as a result of making the complaint.RegulationsRegulationsThe Governor in Council may make regulationsdefining job group for the purposes of this Act;respecting the content and form of plans prepared under this Act, including as a result of an order made under this Act;prescribing anything that by this Act may be prescribed; andgenerally for carrying out the purposes and provisions of this Act.ProhibitionsProhibition against encouraging or assistingEvery employer and every bargaining agent shall refrain from engaging in any conduct that may encourage or assist any employee in filing or proceeding with a complaint under this Act.Other prohibitions — employerNo employer and no person acting on an employer’s behalf shall refuse to employ or to continue to employ any person, or suspend or lay off any person or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person, because the personhas testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Act; orhas filed a complaint or exercised any right under this Act.Other prohibitions — bargaining agentNo bargaining agent and no person acting on a bargaining agent’s behalf shallexpel or suspend an employee from membership in the bargaining agent, or take disciplinary action against, or impose any form of penalty on, an employee because the employee exercised any right under this Act or refused to perform an act that is contrary to this Act; ordiscriminate against a person with respect to membership in the bargaining agent, or intimidate or coerce a person or impose a financial or other penalty on a person, because that personhas testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Act, orhas filed a complaint or exercised any right under this Act.Complaints against employersThe Board shall examine and inquire into any complaint made to it that an employer or a person acting on an employer’s behalf has contravened section 37.Complaints against employersA complaint referred to in subsection (1) is to be examined and inquired into by the Board as if it were a complaint in respect of a contravention of paragraph 186(2)(c) of the Federal Public Sector Labour Relations Act. For greater certainty, if the complaint is made in writing, the written complaint is itself evidence that the contravention actually occurred and, if any party to the complaint proceedings alleges that the contravention did not occur, the burden of proving that it did not is on that party.Complaints against bargaining agentsThe Board shall examine and inquire into any complaint made to it that a bargaining agent or a person acting on a bargaining agent’s behalf has contravened section 38.Complaints against bargaining agentsA complaint referred to in subsection (3) is to be examined and inquired into by the Board as if it were a complaint in respect of a contravention of paragraph 188(d) or (e) of the Federal Public Sector Labour Relations Act. If the complaint is made in writing, the written complaint is itself evidence that the contravention actually occurred and, if any party to the complaint proceedings alleges that the contravention did not occur, the burden of proving that it did not is on that party.2009, c. 2, s. 394 “39”; 2017, c. 9, s. 55Offence and PunishmentContravention of section 37 or 38Every employer, bargaining agent or other person who contravenes section 37 or 38 is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000.Contravention of orders and certain provisionsEvery employer or bargaining agent who contravenes section 15, 22 or 36 or an order of the Board made under this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.Contravention of section 44Every employer who contravenes section 44 is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000.Consent to prosecutionA prosecution for an offence under subsection (1) or (2) may be instituted only with the consent of the Board.GeneralBargaining agent deemed to be personFor the purposes of this Act, a bargaining agent is deemed to be a person.Obligation to provide Board with reportsAn employer shall, as soon as feasible after it has prepared a report referred to in section 7 or 22, provide the Board with the report.Obligation to keep recordsEvery employer shall, in the prescribed manner, establish and maintain, for the prescribed period, prescribed records for the purpose of this Act.Inconsistency or conflictNothing in this Act affects the application of the Federal Public Sector Labour Relations Act, but in the event of any inconsistency or conflict between this Act and that Act, the provisions of this Act prevail to the extent of the inconsistency or conflict.2009, c. 2, s. 394 “45”; 2017, c. 9, s. 55Application of safety or security provisionsNothing in this Act is to be construed as requiring or permitting an employer, an employee, a bargaining agent or the Board to do or refrain from doing anything that is contrary to any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or of any state allied or associated with Canada.Order is conclusive proofFor the purposes of subsection (1), an order made by the Governor in Council is conclusive proof of the matters stated in it in relation to the giving or making of any instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.Transitional ProvisionsComplaints by Non-unionized EmployeesDay determined under subsection 30(4)If a complaint is made under section 11 after the first period that the employer was bound to comply with section 6 or 7 in respect of the job group that includes the complainant and before the second period that the employer was bound to comply with either of those sections in respect of that job group, the day that is referred to in subsection 30(4) in respect of that complaint is, despite that subsection, the day on which this Act came into force.Taking Effect of Provisions in Respect of Unionized EmployeesApplication of subsection 12(1)Subsection 12(1) applies only in respect of a collective agreement that expires on a day that is more than two years after the day on which this Act comes into force.Application of subsection 12(2) and sections 13 to 22 and 24Subsection 12(2) and sections 13 to 22 and 24 apply only in respect of a collective agreement that takes effect, or would take effect, on a day that is more than two years after the day on which this Act comes into force.First Collective Agreement After Taking EffectPeriod referred to in paragraph 33(3)(a)If a complaint filed under subsection 24(1) is in respect of the first collective agreement that takes effect on a day that is more than two years after the day on which this Act comes into force, the period referred to in paragraph 33(3)(a) is, despite that paragraph, the period that begins, subject to subsection (2), on one of the following days and that ends on the day on which the order is made:if the complainant was not a unionized employee on the day on which this Act came into force, the later of the day on which the complainant became a member of a bargaining unit to which the collective agreement applies and the day on which this Act came into force;if the complainant was, on the day on which this Act came into force, a member of a bargaining unit that was not a bargaining unit to which the collective agreement applies, the day on which the complainant became a member of a bargaining unit to which the collective agreement applies; orin the case of any other complainant, the day on which this Act came into force.ExceptionThe day referred to in each of paragraphs (1)(a) to (c) may not be earlier than the day on which the job class to which the complaint relates came into existence.RELATED PROVISIONS
— 2009, c. 2, s. 395InterpretationUnless the context otherwise requires, words and expressions used in sections 396 and 397 have the same meaning as in the Public Sector Equitable Compensation Act.
— 2009, c. 2, s. 396, as amended by 2018, c. 27, ss. 431(1) to (3)Complaints before Canadian Human Rights CommissionThe following complaints with respect to employees that are before the Canadian Human Rights Commission on the day on which this Act receives royal assent, or that are filed with that Commission during the period beginning on that day and ending on the day on which subsection 425 (1) of the Budget Implementation Act, 2018, No. 2 comes into force, shall, despite section 44 of the Canadian Human Rights Act, without delay, be referred by the Commission to the Board:complaints based on section 7 or 10 of the Canadian Human Rights Act, if the complaint is in respect of the employer establishing or maintaining differences in wages between male and female employees; andcomplaints based on section 11 of the Canadian Human Rights Act.Application of this sectionThe complaints referred to in subsection (1) shall be dealt with by the Board as required by this section.Powers of BoardThe Board has, in relation to a complaint referred to it, in addition to the powers conferred on it under the Federal Public Sector Labour Relations Act, the power to interpret and apply sections 7, 10 and 11 of the Canadian Human Rights Act, and the Equal Wages Guidelines, 1986, in respect of employees, even after the coming into force of subsection 425 (1) of the Budget Implementation Act 2018, No. 2.Summary examinationThe Board shall review the complaint in a summary way and shall refer it to the employer that is the subject of the complaint, or to the employer that is the subject of the complaint and the bargaining agent of the employees who filed the complaint, as the Board considers appropriate, unless it appears to the Board that the complaint is trivial, frivolous or vexatious or was made in bad faith.Power to assistIf the Board refers a complaint under subsection (4) to an employer, or to an employer and a bargaining agent, it may assist them in resolving any matters relating to the complaint by any means that it considers appropriate.HearingIf the employer, or the employer and the bargaining agent, as the case may be, do not resolve the matters relating to the complaint within 180 days after the complaint is referred to them, or any longer period or periods that may be authorized by the Board, the Board shall schedule a hearing.ProcedureThe Board shall determine its own procedure but shall give full opportunity to the employer, or the employer and the bargaining agent, as the case may be, to present evidence and make submissions to it.DecisionThe Board shall make a decision in writing in respect of the complaint and send a copy of its decision with the reasons for it to the employer, or the employer and the bargaining agent, as the case may be.RestrictionThe Board has, in relation to complaints referred to in this section, the power to make any order that a member or panel may make under section 53 of the Canadian Human Rights Act, except that no monetary remedy may be granted by the Board in respect of the complaint other than a lump sum payment, and the payment may be only in respect of a period that ends on or before the day on which subsection 425 (1) of the Budget Implementation Act, 2018, No. 2 comes into force.
— 2009, c. 2, s. 398ApplicationSections 30 and 33 of the Public Sector Equitable Compensation Act and sections 396 and 397 apply despite any provision of the Expenditure Restraint Act.
— 2013, c. 40, s. 445Continuation of proceedingsEvery proceeding commenced under the Public Sector Equitable Compensation Act before the day on which subsection 366(1) of this Act comes into force is to be taken up and continued under and in conformity with that Act, as it is amended by this Division.AMENDMENTS NOT IN FORCE
— 2018, c. 27, s. 429Section 394 of the Budget Implementation Act, 2009 is repealed.
— 2018, c. 27, s. 430Section 395 of the Act is repealed.
— 2018, c. 27, s. 431(4)Section 396 of the Act is repealed.
— 2018, c. 27, s. 432Sections 397 to 399 of the Act are repealed.
— 2018, c. 27, s. 438Section 445 of the Act is repealed.