Pay Equity Regulations (SOR/2021-161)

Marginal note:Range — person referred to in section 130 of the Act

• 58 (1) The range of penalties in respect of a violation referred to in section 130 of the Act within a classification set out in column 1 of Part 1 of Schedule 3 that is committed by a person referred to in any of the paragraphs of that section is set out in column 2 for a first violation, in column 3 for a second violation and in column 4 for a third or subsequent violation.

• Marginal note:Range — employee, agent or mandatary

  (2) The range of penalties in respect of a violation of subsection 23(2) or 24(1) or section 99, 100, 101, 102, 103 or 124 of the Act or subsection 52.1(1) of these Regulations or an order made or issued under section 119 or 170 of the Act within a classification set out in column 1 of a Part of Schedule 3 that is committed by an employer’s or bargaining agent’s employee, agent or mandatary in the course of their employment or the scope of their authority as agent or mandatary is

  • (a) set out in column 2 of Part 1 for a first violation, in column 3 for a second violation and in column 4 for a third or subsequent violation, if the employer is referred to in paragraph 57(1)(a) or (b) or is in the group of employers referred to in paragraph 57(1)(c) or the bargaining agent is referred to in paragraph 57(1)(d), as case the may be;

  • (b) set out in column 2 of Part 2 for a first violation, in column 3 for a second violation and in column 4 for a third or subsequent violation, if the employer is referred to in paragraph 57(3)(a) or is in the group of employers referred to in paragraph 57(3)(b) or the bargaining agent is referred to in paragraph 57(3)(c), as the case may be; and

  • (c) set out in column 2 of Part 3 for a first violation, in column 3 for a second violation and in column 4 for a third or subsequent violation, if the employer is referred to in paragraph 57(4)(a) or is in the group of employers referred to in paragraph 57(4)(b) or the bargaining agent is referred to in paragraph 57(4)(c), as the case may be.

• Marginal note:Range — other person

  (3) The range of penalties in respect of a violation of subsection 24(1) or section 99, 100, 101 or 124 of the Act or subsection 52.1(1) of these Regulations, within a classification set out in column 1 of Part 1 of Schedule 3 that is committed by a person who is not referred to in subsection (2) or in section 130 of the Act and who is not an employer, a group of employers or a bargaining agent, is set out in column 2 for a first violation, in column 3 for a second violation and in column 4 for a third or subsequent violation.

• Marginal note:Prior violations

  (4) For the purposes of subsections (1) to (3), only prior violations that the person is deemed or determined to have committed during the 10 years before the day on which the notice of violation is served and that are of the same classification are taken into account.

Marginal note:Determination of penalty amount

• 59 (1) The amount of the penalty is determined by the formula

  ((A – B) × C ÷ 20) + B

  where

  A

  is the maximum amount in the applicable penalty range of penalties set out in column 2, 3 or 4, as the case may be, of the applicable Part of Schedule 3;

  B

  is the minimum amount in the applicable range of penalties set out in column 2, 3 or 4, as the case may be, of the applicable Part of Schedule 3; and

  C

  is the gravity value.

• Marginal note:Gravity value

  (2) Subject to subsection (3), for the purpose of subsection (1), the gravity value is the sum of the values from the gravity scale set out in column 2 of the table to this subsection that are ascribed to each of the applicable criteria set out in column 1. A lower or negative gravity value reflects a mitigating factor and a higher or positive gravity value reflects an aggravating factor.

  	Column 1	Column 2
  Item	Criteria	Gravity Scale
  1	The degree of negligence of the employer, group of employers, bargaining agent or other person	0 to 4
  2	The degree to which the employer, group of employers, bargaining agent or other person might derive strategic or economic advantage from a continuing violation	0 to 4
  3	The degree to which the employer, group of employers, bargaining agent or other person demonstrated disregard for the authority of the Pay Equity Commissioner	0 to 4
  4	The manner in which the violation came to the Pay Equity Commissioner’s attention	- 2 to 4
  5	The steps taken by the employer, group of employers, bargaining agent or other person to mitigate or reverse the harm done by the violation	- 2 to 4

• Marginal note:Zero gravity value

  (3) If the gravity value would, but for this subsection, be a negative amount, it is deemed to be zero.

Service Authorized or Required Under Part 7 of Act

Marginal note:Service — employer or bargaining agent

60 A document that is required or authorized to be served under Part 7 of the Act on an employer or bargaining agent may be served by

• (a) leaving a copy of it at the employer’s or bargaining agent’s head office or place of business with its agent or mandatary or with an officer or other individual who appears to manage or be in control of the head office or place of business;

• (b) sending a copy of it by registered mail or courier to the head office or place of business of the employer or bargaining agent or its agent or mandatary; or

• (c) sending a copy of it by fax, email or other electronic means to anyone referred to in paragraph (a), and then sending a copy of it by registered mail or courier, in the manner set out in paragraph (b), within 48 hours after the time of the original transmission.

Marginal note:Service — person

61 A document required or authorized to be served under Part 7 of the Act on a person, other than an employer or bargaining agent, may be served

• (a) personally, by leaving a copy of it with the person at any place or, if it is not feasible to find the person, with someone who appears to be an adult member of the same household at the person’s last known address or usual place of residence;

• (b) by sending a copy of it by registered mail or courier to the person’s last known address or usual place of residence; or

• (c) by sending a copy of it to the person by fax, email or other electronic means, and then sending a copy of it by registered mail or courier, in the manner set out in paragraph (b), within 48 hours after the time of the original transmission.

Marginal note:Substitutional service

62 If a document that is required or authorized to be served under Part 7 of the Act cannot reasonably be served in accordance with section 60 or 61, as applicable, it may be served by leaving a copy of it at the employer’s, bargaining agent’s or other person’s last known address or place of business or, in the case of an individual, at the individual’s usual place of residence or workplace.

Marginal note:Proof of service

63 Service referred to in sections 60 and 61 may be proved by

• (a) an acknowledgement of service signed by or on behalf of the employer, bargaining agent or other person served, specifying the date and location of service; or

• (b) a certificate of service signed by the person who effected the service, stating that service was made on the employer, bargaining agent or other person named in the certificate and indicating the means by which and day on which service was effected.

Marginal note:Date of service

64 A document that is required or authorized to be served under Part 7 of the Act is deemed to be served on

• (a) in the case of service made in accordance with paragraph 60(a) or 61(a), the earlier of the day on which the acknowledgment of service is signed by or on behalf of the employer, bargaining agent or other person served and the day on which the certificate of service is signed by the person who effected service; and

• (b) in the case of service made in accordance with paragraph 60(b) or (c) or 61(b) or (c), the earlier of

  • (i) the day on which the acknowledgment of service is signed by or on behalf of the employer, bargaining agent or other person served,

  • (ii) the day on which the certificate of service is signed by the person who effected service, and

  • (iii) the 10th day after the date indicated on the receipt issued by the post office or courier.

Request for Review

Marginal note:Manner

65 A request for review under section 139 of the Act must be made in writing by the party named in the notice of violation or by that party’s authorized representative.

Publication of Information

Marginal note:Other information

66 The following information is prescribed for the purposes of paragraph 146(d) of the Act with respect to an employer, a group of employers or a bargaining agent that is determined under section 142 of the Act, or that is deemed by the Act, to have committed a violation:

• (a) the city, town or other locality and the province where the employer, each employer in a group of employers or the bargaining agent is located;

• (b) in the case of a violation resulting from non-compliance with an order made or issued under the Act, the nature of the order;

• (c) the date on which the period to file a request for review elapsed or, if a request for review was filed during that period, the date on which the decision was rendered;

• (d) whether the employer, group of employers or bargaining agent has complied with the provision or order, the non-compliance of which gave rise to the violation, and, if applicable, the date of that compliance;

• (e) whether the employer, group of employers or bargaining agent has taken measures to counteract any consequences of the violation;

• (f) whether the employer, group of employers or bargaining agent has paid the penalty set out in the notice of violation and, if so, the date on which the amount was paid; and

• (g) whether, under section 144 of the Act, a certificate of default of payment has been issued and whether that certificate has been registered with the Federal Court.