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

Marginal note:Provision of statement setting out number of employees — collective agreement in force

• 12 (1) Within 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.

• Marginal note:Provision of statement setting out number of employees — no collective agreement

  (2) If 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.

Marginal note:Preparatory work

13 An 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.

Marginal note:Notice describing female predominant job group

14 An 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.

Marginal note:Report in relation to equitable compensation matters

15 An 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 that

• (a) identifies the female predominant job group to which the matter relates;

• (b) describes how the equitable compensation assessment was conducted in respect of that female predominant job group; and

• (c) sets out how the equitable compensation matter should be resolved.

Marginal note:Collective agreement

16 The 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.

Marginal note:Request for arbitration

17 If 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.

Marginal note:Obligations of arbitration body

18 The 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.

Marginal note:Arbitral award

• 19 (1) The 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.

• Marginal note:Report

  (2) As 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 that

  • (a) sets out how the equitable compensation assessment in respect of every female predominant job group to which the award relates was conducted; and

  • (b) if 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.

• Marginal note:Copy to employer and bargaining agent

  (3) On 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.

Marginal note:Request for conciliation

20 If 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.

Marginal note:Obligations of public interest commission seized of request for conciliation

21 A 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 shall

• (a) determine, 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; and

• (b) include 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.

Marginal note:Obligation to prepare report

22 Before 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 that

• (a) sets out how the equitable compensation assessment in respect of every female predominant job group was conducted; and

• (b) if, 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.

Marginal note:Failure to comply

23 A 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.

Marginal note:Lack of equitable compensation

• 24 (1) An 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 if

  • (a) the employee has reasonable grounds to believe

    • (i) that he or she is a member of a female predominant job class, and

    • (ii) that an equitable compensation assessment conducted in respect of that job class would lead to the identification of an equitable compensation matter; and

  • (b) the 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.

• Marginal note:Information that must be provided

  (2) The complaint must

  • (a) describe the female predominant job class of which the employee alleges he or she is a member; and

  • (b) set out the reasonable grounds the employee has to believe the matters referred to in subparagraphs (1)(a)(i) and (ii).

Marginal note:Application of Federal Public Sector Labour Relations Act

• 25 (1) The 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.

• Marginal note:Regulations

  (2) The 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.

Marginal note:Power to extend period

26 The 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.

Marginal note:Notice to employer and bargaining agent

27 The 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.

Marginal note:Notice to employee

28 If 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.

Marginal note:Complaints under section 10

29 The 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.

Marginal note:Complaints under section 11

• 30 (1) The 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:

  • (a) how the employer has, since the making of the order, conducted an equitable compensation assessment in respect of the job class; and

  • (b) if 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.

• Marginal note:Power if employer has committed manifestly unreasonable error

  (2) If, 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 to

  • (a) take 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; and

  • (b) file a report with the Board, within the period specified by it in the order, describing the measures that the employer has taken.

• Marginal note:Power to determine equitable compensation matter

  (3) If, 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 to

  • (a) pay 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; and

  • (b) pay 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.

• Marginal note:Determination of day

  (4) For the purposes of subsection (3), the day is the day on which the complainant made a request under subsection 9(1).

• Marginal note:Failure to file report

  (5) If 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.

• Marginal note:Report to be made available

  (6) The Board shall make every report received as a result of an order made under this section available to the public.

• Marginal note:Power to require posting of order

  (7) The 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.