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

Marginal note:Determining whether each job group is female predominant

5 Within 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.

Marginal note:Determination — no female predominant job groups

• 6 (1) If 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.

• Marginal note:Dissatisfaction with employer’s determination

  (2) A 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.

• Marginal note:Employer’s response

  (3) Within 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.

Marginal note:Determination — existence of female predominant job group

• 7 (1) If 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 shall

  • (a) determine, 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; and

  • (b) provide non-unionized employees in that job group, in the prescribed manner, with a report that

    • (i) sets out a summary of the activities conducted by the employer under paragraph (a) and of consultations, if any, carried out under that paragraph,

    • (ii) describes how the equitable compensation assessment in respect of that job group was conducted,

    • (iii) 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, and

    • (iv) sets out the plan prepared under paragraph (a), if one was prepared.

• Marginal note:Right of non-unionized employee

  (2) A 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.

• Marginal note:Response

  (3) Within 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 and

  • (a) if so, the period during which that measure is to be implemented; or

  • (b) if not, the reasons for not doing so.

Marginal note:Implementation of plan

• 8 (1) An 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.

• Marginal note:When obligation ceases

  (2) Subsection (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.

Marginal note:Request concerning equitable compensation — job class

• 9 (1) A 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 believe

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

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

• Marginal note:Information that must be provided

  (2) The employee who makes the request shall, in the prescribed manner, provide the employer with a statement that

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

  • (b) sets out the reasonable grounds that the employee has to believe the matters referred to in paragraphs (1)(a) and (b).

• Marginal note:Response

  (3) Within 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 and

  • (a) if so, the period during which that measure is to be implemented; or

  • (b) if not, the reasons for not doing so.

Marginal note:Failure to comply

10 A 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).

Marginal note:Dissatisfaction with employer’s response

• 11 (1) A 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 if

  • (a) the employee is dissatisfied with any matter in the response; and

  • (b) 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.

• 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 that the employee has to believe the matters referred to in subparagraphs (1)(b)(i) and (ii).

• Marginal note:Accompanying documents

  (3) The complaint must be accompanied by a copy of

  • (a) the employee’s request made under subsection 9(1); and

  • (b) the employer’s response given under subsection 9(3).

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.