Acts and Regulations

2010-54 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2010-54
under the
Pay Equity Act, 2009
(O.C. 2010-167)
Filed March 26, 2010
Under section 30 of the Pay Equity Act, 2009, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Pay Equity Act, 2009.
Definition of “Act”
2In this Regulation, “Act” means the Pay Equity Act, 2009.
Beginning of pay adjustments
3(1)In the case of Parts I, II and III of the Public Service, the employer shall start to make pay adjustments under the Act on April 1, 2012, unless an extension has been granted under section 14 of the Act.
3(2)In the case of a body corporate listed in Part IV of the Public Service, the employer shall start to make pay adjustments under the Act no later than April 1, 2012, unless an extension has been granted under section 14 of the Act.
General restrictions with respect to pay adjustments
4Pay adjustments shall be made in a fair, equitable and nondiscriminatory manner and shall respect the employer’s determinations referred to in subsection 13(3) of the Act.
Restrictions as to the amount of pay adjustment
5Payment of the adjustments in compensation shall be made annually and shall not exceed the lesser of
(a) the amount determined by the employer at the implementation of pay equity, and
(b) one percent of the payroll of the employer for the last 12 months.
Period of time over which pay adjustments may be made
6(1)Subject to subsection (2), the employer shall make all pay adjustments during the 4 consecutive 12-month periods that follow the end of the 2011 fiscal year.
6(2)If pay adjustments have not been completed before the end of the fourth period referred to in subsection (1), the employer may apply to the Director for one or more extensions, but the combined total of all extensions shall not exceed 6 years.
Review of pay equity compensation practices
7(1)The first review of an employer’s pay equity compensation practices under section 25 of the Act shall be conducted not later than the date of the expiration of the wage schedule or the pay plan that is in effect after the last pay adjustment.
7(2)Subsequent reviews of an employer’s pay equity compensation practices shall be completed
(a) not later than the date of the expiration of the wage schedule or the pay plan, if the period during which the wage schedule or the pay plan is in effect is less than 5 years, and
(b) five years after the date of the last review, if the period during which the wage schedule or the pay plan is in effect is 5 years or more.
7(3)In addition to the reviews under subsection (2), a review of an employer’s pay equity compensation practices shall be conducted every time
(a) a job classification is eliminated,
(b) an existing job classification is modified,
(c) salary or pay scales are impacted by organizational restructuring, or
(d) significant organizational change occurs.
7(4)A review of an employer’s pay equity compensation practices shall
(a) review the female-dominated classifications and the male-dominated classifications,
(b) review the job evaluation system used during the implementation of pay equity,
(c) compare the value of the work performed by female-dominated classifications and the value of the work performed by the male-dominated classifications, and
(d) recalculate the valuation of the differences in compensation and determine if inequities are present.
Commencement
8This Regulation comes into force on April 1, 2010.
N.B. This Regulation is consolidated to March 26, 2010.