Acts and Regulations

P-5.05 - Pay Equity Act, 2009

Full text
Definitions
1The following definitions apply in this Act.
“bargaining agent” means a bargaining agent as defined in the Public Service Labour Relations Act that represents employees to whom this Act applies and, if no bargaining agent exists, means an employee representative.(agent négociateur)
“Bureau” means the Pay Equity Bureau established under subsection 29(1).(Bureau)
“Chairperson” means the Chairperson of the Labour and Employment Board appointed under the Labour and Employment Board Act.(président)
“chief executive” means the deputy head or chief executive officer of any portion of the Public Service, or the person who occupies any other similar position, however called, in any portion of the Public Service.(premier dirigeant)
“Director” means the Director of the Bureau appointed under subsection 29(1).(directrice)
“employee” means a person who is employed in the Public Service but does not include a chief executive.(employé)
“employee representative” means a person appointed under section 11 to represent employees to whom this Act applies who have no bargaining agent to represent them.(représentant des employés)
“employer” means, with respect to Parts I, II and III of the Public Service, the Crown in the right of the Province as represented by the Treasury Board, and with respect to Part IV of the Public Service, the various bodies corporate listed in that Part.(employeur)
“female-dominated classification” means (classification à prédominance  féminine)
(a) a job classification in which there are 10 or more incumbents of whom 60% or more are women, or
(b) a job classification in which there are 10 or more incumbents that the employer and the bargaining agent or bargaining agents affected agree, based on the historical incumbency of the job classification or other similar criteria, to treat as a female-dominated classification.
“job classification” means those positions within each of Parts I, II or III of the Public Service or in the case of a body corporate listed in Part IV of the Public Service, within that organization, that have similar duties and responsibilities, require similar skills and qualifications and have the same compensation schedule and pay rate or range of pay rates.(classification d’emplois)
“male-dominated classification” means (classification à prédominance masculine)
(a) a job classification in which there are 10 or more incumbents of whom 60% or more are men, or
(b) a job classification in which there are 10 or more incumbents that the employer and the bargaining agent or bargaining agents affected agree, based on the historical incumbency of the job classification or other similar criteria, to treat as a male-dominated classification.
“Minister” means the member of the Executive Council assigned responsibility for the administration of this Act.(ministre)
“nondiscriminatory job evaluation system” means a system for determining the relative worth or value of jobs within an organization, taking into account both the similarities and differences between the sexes.(système non discriminatoire d’évaluation des postes)
“Part I of the Public Service” means those portions of the public service of the Province specified in Part I of the First Schedule of the Public Service Labour Relations Act.(Partie I des services  publics)
“Part II of the Public Service” means those portions of the public service of the Province specified in Part II of the First Schedule of the Public Service Labour Relations Act.(Partie II des services  publics)
“Part III of the Public Service” means those portions of the public service of the Province specified in Part III of the First Schedule of the Public Service Labour Relations Act.(Partie III des services  publics)
“Part IV of the Public Service” means those portions of the public service of the Province specified in Part IV of the First Schedule of the Public Service Labour Relations Act.(Partie IV des services  publics)
“pay” means straight-time wages and salary.(rémunération)
“pay equity” means a compensation practice that is based primarily on the relative value of the work performed, irrespective of the gender of employees, and includes the requirement that the employer not establish or maintain a difference between the pay paid to female and male employees who are performing work of equal or comparable value.(équité salariale)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule of the Public Service Labour Relations Act.(services publics)
2016, c.37, s.135; 2023, c.17, s.187
Definitions
1The following definitions apply in this Act.
“bargaining agent” means a bargaining agent as defined in the Public Service Labour Relations Act that represents employees to whom this Act applies and, if no bargaining agent exists, means an employee representative.(agent négociateur)
“Bureau” means the Pay Equity Bureau established under subsection 29(1).(Bureau)
“Chairperson” means the Chairperson of the Labour and Employment Board appointed under the Labour and Employment Board Act.(président)
“chief executive” means the deputy head or chief executive officer of any portion of the Public Service, or the person who occupies any other similar position, however called, in any portion of the Public Service.(premier dirigeant)
“Director” means the Director of the Bureau appointed under subsection 29(1).(directrice)
“employee” means a person who is employed in the Public Service but does not include a chief executive.(employé)
“employee representative” means a person appointed under section 11 to represent employees to whom this Act applies who have no bargaining agent to represent them.(représentant des employés)
“employer” means, with respect to Parts I, II and III of the Public Service, Her Majesty in the right of the Province as represented by the Treasury Board, and with respect to Part IV of the Public Service, the various bodies corporate listed in that Part.(employeur)
“female-dominated classification” means (classification à prédominance  féminine)
(a) a job classification in which there are 10 or more incumbents of whom 60% or more are women, or
(b) a job classification in which there are 10 or more incumbents that the employer and the bargaining agent or bargaining agents affected agree, based on the historical incumbency of the job classification or other similar criteria, to treat as a female-dominated classification.
“job classification” means those positions within each of Parts I, II or III of the Public Service or in the case of a body corporate listed in Part IV of the Public Service, within that organization, that have similar duties and responsibilities, require similar skills and qualifications and have the same compensation schedule and pay rate or range of pay rates.(classification d’emplois)
“male-dominated classification” means (classification à prédominance masculine)
(a) a job classification in which there are 10 or more incumbents of whom 60% or more are men, or
(b) a job classification in which there are 10 or more incumbents that the employer and the bargaining agent or bargaining agents affected agree, based on the historical incumbency of the job classification or other similar criteria, to treat as a male-dominated classification.
“Minister” means the member of the Executive Council assigned responsibility for the administration of this Act.(ministre)
“nondiscriminatory job evaluation system” means a system for determining the relative worth or value of jobs within an organization, taking into account both the similarities and differences between the sexes.(système non discriminatoire d’évaluation des postes)
“Part I of the Public Service” means those portions of the public service of the Province specified in Part I of the First Schedule of the Public Service Labour Relations Act.(Partie I des services  publics)
“Part II of the Public Service” means those portions of the public service of the Province specified in Part II of the First Schedule of the Public Service Labour Relations Act.(Partie II des services  publics)
“Part III of the Public Service” means those portions of the public service of the Province specified in Part III of the First Schedule of the Public Service Labour Relations Act.(Partie III des services  publics)
“Part IV of the Public Service” means those portions of the public service of the Province specified in Part IV of the First Schedule of the Public Service Labour Relations Act.(Partie IV des services  publics)
“pay” means straight-time wages and salary.(rémunération)
“pay equity” means a compensation practice that is based primarily on the relative value of the work performed, irrespective of the gender of employees, and includes the requirement that the employer not establish or maintain a difference between the pay paid to female and male employees who are performing work of equal or comparable value.(équité salariale)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule of the Public Service Labour Relations Act.(services publics)
2016, c.37, s.135
Definitions
1The following definitions apply in this Act.
“bargaining agent” means a bargaining agent as defined in the Public Service Labour Relations Act that represents employees to whom this Act applies and, if no bargaining agent exists, means an employee representative.(agent négociateur)
“Bureau” means the Pay Equity Bureau established under subsection 29(1).(Bureau)
“Chairperson” means the Chairperson of the Labour and Employment Board appointed under the Labour and Employment Board Act.(président)
“chief executive” means the deputy head or chief executive officer of any portion of the Public Service, or the person who occupies any other similar position, however called, in any portion of the Public Service.(premier dirigeant)
“Director” means the Director of the Bureau appointed under subsection 29(1).(directrice)
“employee” means a person who is employed in the Public Service but does not include a chief executive.(employé)
“employee representative” means a person appointed under section 11 to represent employees to whom this Act applies who have no bargaining agent to represent them.(représentant des employés)
“employer” means, with respect to Parts I, II and III of the Public Service, Her Majesty in the right of the Province as represented by the Board of Management, and with respect to Part IV of the Public Service, the various bodies corporate listed in that Part.(employeur)
“female-dominated classification” means (classification à prédominance  féminine)
(a) a job classification in which there are 10 or more incumbents of whom 60% or more are women, or
(b) a job classification in which there are 10 or more incumbents that the employer and the bargaining agent or bargaining agents affected agree, based on the historical incumbency of the job classification or other similar criteria, to treat as a female-dominated classification.
“job classification” means those positions within each of Parts I, II or III of the Public Service or in the case of a body corporate listed in Part IV of the Public Service, within that organization, that have similar duties and responsibilities, require similar skills and qualifications and have the same compensation schedule and pay rate or range of pay rates.(classification d’emplois)
“male-dominated classification” means (classification à prédominance masculine)
(a) a job classification in which there are 10 or more incumbents of whom 60% or more are men, or
(b) a job classification in which there are 10 or more incumbents that the employer and the bargaining agent or bargaining agents affected agree, based on the historical incumbency of the job classification or other similar criteria, to treat as a male-dominated classification.
“Minister” means the member of the Executive Council assigned responsibility for the administration of this Act.(ministre)
“nondiscriminatory job evaluation system” means a system for determining the relative worth or value of jobs within an organization, taking into account both the similarities and differences between the sexes.(système non discriminatoire d’évaluation des postes)
“Part I of the Public Service” means those portions of the public service of the Province specified in Part I of the First Schedule of the Public Service Labour Relations Act.(Partie I des services  publics)
“Part II of the Public Service” means those portions of the public service of the Province specified in Part II of the First Schedule of the Public Service Labour Relations Act.(Partie II des services  publics)
“Part III of the Public Service” means those portions of the public service of the Province specified in Part III of the First Schedule of the Public Service Labour Relations Act.(Partie III des services  publics)
“Part IV of the Public Service” means those portions of the public service of the Province specified in Part IV of the First Schedule of the Public Service Labour Relations Act.(Partie IV des services  publics)
“pay” means straight-time wages and salary.(rémunération)
“pay equity” means a compensation practice that is based primarily on the relative value of the work performed, irrespective of the gender of employees, and includes the requirement that the employer not establish or maintain a difference between the pay paid to female and male employees who are performing work of equal or comparable value.(équité salariale)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule of the Public Service Labour Relations Act.(services publics)
Definitions
1The following definitions apply in this Act.
“bargaining agent” means a bargaining agent as defined in the Public Service Labour Relations Act that represents employees to whom this Act applies and, if no bargaining agent exists, means an employee representative.(agent négociateur)
“Bureau” means the Pay Equity Bureau established under subsection 29(1).(Bureau)
“Chairperson” means the Chairperson of the Labour and Employment Board appointed under the Labour and Employment Board Act.(président)
“chief executive” means the deputy head or chief executive officer of any portion of the Public Service, or the person who occupies any other similar position, however called, in any portion of the Public Service.(premier dirigeant)
“Director” means the Director of the Bureau appointed under subsection 29(1).(directrice)
“employee” means a person who is employed in the Public Service but does not include a chief executive.(employé)
“employee representative” means a person appointed under section 11 to represent employees to whom this Act applies who have no bargaining agent to represent them.(représentant des employés)
“employer” means, with respect to Parts I, II and III of the Public Service, Her Majesty in the right of the Province as represented by the Board of Management, and with respect to Part IV of the Public Service, the various bodies corporate listed in that Part.(employeur)
“female-dominated classification” means (classification à prédominance  féminine)
(a) a job classification in which there are 10 or more incumbents of whom 60% or more are women, or
(b) a job classification in which there are 10 or more incumbents that the employer and the bargaining agent or bargaining agents affected agree, based on the historical incumbency of the job classification or other similar criteria, to treat as a female-dominated classification.
“job classification” means those positions within each of Parts I, II or III of the Public Service or in the case of a body corporate listed in Part IV of the Public Service, within that organization, that have similar duties and responsibilities, require similar skills and qualifications and have the same compensation schedule and pay rate or range of pay rates.(classification d’emplois)
“male-dominated classification” means (classification à prédominance masculine)
(a) a job classification in which there are 10 or more incumbents of whom 60% or more are men, or
(b) a job classification in which there are 10 or more incumbents that the employer and the bargaining agent or bargaining agents affected agree, based on the historical incumbency of the job classification or other similar criteria, to treat as a male-dominated classification.
“Minister” means the member of the Executive Council assigned responsibility for the administration of this Act.(ministre)
“nondiscriminatory job evaluation system” means a system for determining the relative worth or value of jobs within an organization, taking into account both the similarities and differences between the sexes.(système non discriminatoire d’évaluation des postes)
“Part I of the Public Service” means those portions of the public service of the Province specified in Part I of the First Schedule of the Public Service Labour Relations Act.(Partie I des services  publics)
“Part II of the Public Service” means those portions of the public service of the Province specified in Part II of the First Schedule of the Public Service Labour Relations Act.(Partie II des services  publics)
“Part III of the Public Service” means those portions of the public service of the Province specified in Part III of the First Schedule of the Public Service Labour Relations Act.(Partie III des services  publics)
“Part IV of the Public Service” means those portions of the public service of the Province specified in Part IV of the First Schedule of the Public Service Labour Relations Act.(Partie IV des services  publics)
“pay” means straight-time wages and salary.(rémunération)
“pay equity” means a compensation practice that is based primarily on the relative value of the work performed, irrespective of the gender of employees, and includes the requirement that the employer not establish or maintain a difference between the pay paid to female and male employees who are performing work of equal or comparable value.(équité salariale)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule of the Public Service Labour Relations Act.(services publics)