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Public Sector Equitable Compensation Act (S.C. 2009, c. 2, s. 394)

Act current to 2021-02-15 and last amended on 2018-11-26. Previous Versions

Public Sector Equitable Compensation Act

S.C. 2009, c. 2, s. 394

Assented to 2009-03-12

An Act respecting the provision of equitable compensation in the public sector of Canada

[Enacted by section 394 of chapter 2 of the Statutes of Canada, 2009, not in force.]
Preamble

Whereas 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 Title

The following provision is not in force.

Marginal note:Short title

 This Act may be cited as the Public Sector Equitable Compensation Act.

Interpretation

The following provision is not in force.

Marginal note:Definitions

  •  (1) The following definitions apply in this Act.

    bargaining agent

    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

    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

    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

    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

    compensation means any form of remuneration payable for work performed by an employee and includes

    • (a) salaries, commissions, vacation pay, severance pay and bonuses;

    • (b) payments in kind;

    • (c) employer contributions to pension funds or plans, long-term disability plans and all forms of health insurance plans; and

    • (d) any other advantage received directly or indirectly from the employer. (rémunération)

    employee

    employee means a person who is employed by an employer, other than a person who is

    • (a) appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act; or

    • (b) locally engaged outside Canada. (employé)

    employer

    employer means Her Majesty in right of Canada as represented by

    • (a) the 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; and

    • (b) the 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

    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

    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

    job group has the meaning assigned by the regulations. (groupe d’emplois)

    non-unionized employee

    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

    prescribed means prescribed by regulation. (Version anglaise seulement)

    unionized employee

    unionized employee means an employee who is a member of a bargaining unit that is represented by a bargaining agent. (employé syndiqué)

  • Marginal note:Royal Canadian Mounted Police

    (2) For greater certainty, members of the Royal Canadian Mounted Police are employees for the purposes of this Act.

  • Marginal note:Canadian Forces

    (3) For the purposes of this Act,

    • (a) officers and non-commissioned members of the Canadian Forces are deemed to be employees; and

    • (b) Her 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, 55

Obligation to Provide Equitable Compensation

The following provision is not in force.

Marginal note:Obligations of employers and bargaining agents

  •  (1) An 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.

  • Marginal note:Notice to employees

    (2) Every 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 Assessment

The following provision is not in force.

Marginal note:Equitable compensation assessment

  •  (1) An 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.

  • Marginal note:Determining value

    (2) The criteria to be applied in assessing the value of the work performed by employees in a job group or a job class are

    • (a) the composite of the skill, effort and responsibility required in the performance of the work and the conditions under which the work is performed; and

    • (b) the 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.

  • Marginal note:Precision

    (3) Subject to the regulations, an equitable compensation assessment in respect of a job group or job class is to be conducted having regard to

    • (a) with 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);

    • (b) 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;

    • (c) 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; and

    • (d) in 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.

  • Marginal note:Equitable compensation matter

    (4) An 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.

  • Marginal note:Regulations

    (5) The Governor in Council may make regulations

    • (a) respecting, for the purposes of subsection (1), the conducting of an equitable compensation assessment;

    • (b) 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;

    • (c) respecting, for the purposes of paragraph (2)(b), what constitutes qualifications, and how an employer’s recruitment and retention needs are to be determined; and

    • (d) restricting, for the purposes of subsection (3), the job groups or job classes to which an equitable compensation assessment is to have regard.

 
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