Pay Equity Act (S.C. 2018, c. 27, s. 416)

Authorizations by Pay Equity Commissioner

Marginal note:Recognition of group as single employer

• 106 (1) On receipt of an application referred to in subsection 4(1), the Pay Equity Commissioner may recognize the group as a single employer if he or she is of the opinion that the employers

  • (a) are part of the same industry;

  • (b) have similar compensation practices; and

  • (c) have positions with similar duties and responsibilities.

• Marginal note:Choice of date

  (2) If the Pay Equity Commissioner recognizes a group as a single employer under subsection (1), he or she must choose the day on which the group becomes subject to this Act for the purpose of subsection 55(1), and paragraphs 61(1)(b) and 89(2)(b). He or she must choose a day that

  • (a) is after the day on which one of the employers in the group becomes subject to this Act; and

  • (b) is, in his or her opinion, the earliest day that would give the group sufficient time to meet its obligations under this Act.

Marginal note:Authority — multiple pay equity plans

107 On receipt of an application referred to in subsection 30(1) or (2) and after giving an opportunity to make representations under subsection 30(4), the Pay Equity Commissioner may, if the application has not been denied under subsection 30(5) and if he or she is of the opinion that it is appropriate in the circumstances, authorize the establishment of more than one pay equity plan.

Marginal note:Authority — plan without committee

108 On receipt of an application referred to in section 25, 26, 73 or 74, the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181(1)(o), authorize the establishment or update, as the case may be, of a pay equity plan without a pay equity committee.

Marginal note:Authority — different committee membership

109 On receipt of an application referred to in subsection 19(3), section 27, subsection 67(6) or 68(6) or section 75, the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181(1)(o), authorize the establishment or continuation, as the case may be, of a pay equity committee that does not comply with the requirements set out in any of paragraphs 19(1)(a), (b), (d) and (e).

Marginal note:Authority — Committee cannot perform work

110 On receipt of an application referred to in section 28, 29, 76 or 77, the Pay Equity Commissioner must

• (a) attempt to assist the pay equity committee in the performance of its work; and

• (b) if he or she is of the opinion that the pay equity committee is unable to perform its work and that it is appropriate in the circumstances, authorize the establishment or update, as the case may be, of a pay equity plan without a pay equity committee.

Marginal note:Authority — other compensation comparison method

111 On receipt of an application referred to in subparagraph 48(2)(a)(i), the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances, authorize the use of a method for the comparison of compensation that is prescribed by regulation or, if no such method is prescribed or the employer is of the opinion that a method prescribed by regulation cannot be used, the method proposed by the employer.

Marginal note:Authority — extension for posting final plan

• 112 (1) On receipt of an application referred to in subsection 57(1), the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181(1)(o), authorize an extension of the period set out in subsection 55(1) or paragraph 94(1)(b), as the case may be, for the posting of a final pay equity plan.

• Marginal note:Authority — extension for posting final revised plan

  (2) On receipt of an application referred to in subsection 85(1), the Pay Equity Commissioner may, if he or she is of the opinion that it is appropriate in the circumstances and in accordance with any regulations made under paragraph 181(1)(o), authorize an extension of the period set out in subsection 83(1) for the posting of a final version of the revised pay equity plan and the final version of the document referred to in subsection 79(2).

Marginal note:Authority — longer phase-in period

113 On receipt of an application referred to in subsection 63(1), the Pay Equity Commissioner may, if he or she is of the opinion that it is justified on the basis that the employer has demonstrated extreme financial hardship, authorize the employer to phase in increases in compensation that are required to be made under a pay equity plan over a longer phase-in period than the one set out in paragraph 61(2)(c) or (d) or 62(4)(e) or (f).

Information and Reports

Marginal note:Provision of information or advice

114 The Pay Equity Commissioner may — or, if requested to do so by the Minister, must — provide the Minister with information or advice in respect of systemic or emerging pay equity issues.

Marginal note:Special reports

• 115 (1) The Pay Equity Commissioner may — or, if requested to do so by the Minister, must — prepare a report to the Senate and the House of Commons in respect of issues arising from the administration and enforcement of this Act or in respect of systemic or emerging pay equity issues.

• Marginal note:Transmission of special reports

  (2) As soon as feasible, but in any case within three months after the end of the fiscal year in which the report is prepared, the Pay Equity Commissioner must cause the report to be transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses and provide the Minister and the Minister of Justice with a copy of the report.

Marginal note:Provision of data to Minister

116 The Pay Equity Commissioner must provide the Minister, on the request of and in the form specified by the Minister, with any data that the Minister requires to evaluate whether the purpose of the Act is being met.

Marginal note:Annual report

• 117 (1) The Pay Equity Commissioner must prepare an annual report to the Senate and the House of Commons on the administration and enforcement of this Act. The report may include information on systemic or emerging pay equity issues.

• Marginal note:Transmission of report and copy

  (2) Within three months after the end of each fiscal year, the Pay Equity Commissioner must cause the report to be transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses and provide the Minister and the Minister of Justice with a copy of the report.

PART 6Investigations and Audits

Marginal note:Compliance audit

• 118 (1) The Pay Equity Commissioner may, for a purpose related to verifying compliance or preventing non-compliance with this Act or the regulations, conduct a compliance audit of any employer or bargaining agent on whom this Act imposes an obligation.

• Marginal note:Notification

  (2) The Pay Equity Commissioner must notify the employer or bargaining agent to be audited that he or she will commence a compliance audit.

• Marginal note:Powers

  (3) The Pay Equity Commissioner may, for the purpose of conducting a compliance audit,

  • (a) enter any place — including a conveyance — other than a dwelling-house, in which he or she has reasonable grounds to believe there is any record, report, electronic data or other document, or any information or thing, relevant to that purpose;

  • (b) examine any record, report, electronic data or other document or thing that is found in the place and make copies of it or take extracts from it;

  • (c) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (b);

  • (d) reproduce any document from any electronic data referred to in paragraph (b), or cause it to be reproduced, in the form of a printout or other output;

  • (e) take the record, report or other document referred to in paragraph (b) or the printout or other output referred to in paragraph (d) for examination or copying;

  • (f) use or cause to be used any copying equipment at the place to make copies of any document; and

  • (g) order any person in the place to establish their identity to the Pay Equity Commissioner’s satisfaction, or to the satisfaction of the Pay Equity Commissioner’s delegate, as the case may be.

• Marginal note:Production of document or data

  (4) The Pay Equity Commissioner may make an order in writing requiring an employer or bargaining agent to produce for examination or reproduction all or part of any record, report, electronic data or other document that the Pay Equity Commissioner believes on reasonable grounds contain any information relevant to the purpose of conducting a compliance audit.

• Marginal note:Copies

  (5) The Pay Equity Commissioner may

  • (a) make copies or take extracts from the record, report, electronic data or other document produced under an order made under subsection (4); and

  • (b) reproduce any document from such electronic data, or cause it to be reproduced, in the form of a printout or other output.

• Marginal note:Additional powers

  (6) If, in the course of exercising the powers set out in subsection (3), the Pay Equity Commissioner identifies an issue that, in his or her opinion, requires investigation, he or she may exercise the powers set out in paragraphs 121(a) to (e).

• Marginal note:Completion of compliance audit

  (7) On completion of a compliance audit, the Pay Equity Commissioner may

  • (a) identify measures that the employer or bargaining agent is to take to remedy a non-compliance issue, and give notice, in writing, of those measures and the time within which they are to be taken to the employer or bargaining agent; or

  • (b) if he or she does not identify measures under subsection (a), issue an order under section 119.

• Marginal note:Order — failure to take measures

  (8) If the Pay Equity Commissioner is satisfied that the employer or bargaining agent, as the case may be, has not taken the measures identified in a notice under paragraph (7)(a) within the time specified in the notice, he or she may issue an order under section 119.

Marginal note:Power to order termination of contravention

119 If the Pay Equity Commissioner has reasonable grounds to believe that an employer, employee or bargaining agent is contravening or has contravened a provision of this Act or the regulations, or an order of the Pay Equity Commissioner or the Tribunal issued under this Act, he or she may, subject to subsections 118(7) and (8), make an order in writing requiring the employer, employee or bargaining agent to terminate the contravention within the time specified in the order or to take any measures specified in the order, within the time specified in the order, to ensure that the contravention does not continue or reoccur. The order must specify the time within which and the manner in which it may be appealed.

Marginal note:Internal audit order

• 120 (1) Subject to the regulations, the Pay Equity Commissioner may, in writing, for a purpose related to verifying compliance or preventing non-compliance with this Act, order an employer to

  • (a) conduct an internal audit of its practices and records, reports, electronic data or other documents to determine whether the employer is in compliance with any provision of this Act or the regulations; and

  • (b) provide a report of the results of the audit to the Pay Equity Commissioner.

• Marginal note:Contents of order

  (2) The Pay Equity Commissioner must, in the internal audit order, specify

  • (a) the employer to which it applies;

  • (b) the period of time to be covered by the internal audit;

  • (c) the provisions of this Act or the regulations with respect to which the internal audit is being ordered;

  • (d) the date by which the employer is to provide the report; and

  • (e) the form of the report.

• Marginal note:Information to include in report

  (3) The Pay Equity Commissioner may also specify in the order that the report is to contain any information specified in the order that he or she considers appropriate.

• Marginal note:Report — non-compliance

  (4) If the employer determines that it has not complied with any provision referred to in the order, the employer must set out in the report the nature of the employer’s non-compliance and the measures that have been or will be taken by the employer to comply with the provision.

• Marginal note:Compliance audit not precluded

  (5) For greater certainty, nothing in this section precludes the Pay Equity Commissioner from conducting a compliance audit under section 118.