Acts and Regulations

P-5.05 - Pay Equity Act, 2009

Section 28
Disposition versions

Full text
Determination of compliance
28(1)An employer who has commenced or completed the pay equity process with an affected bargaining agent before April 1, 2010, shall, at the request of the Director, deliver a report to the Director by the date specified by the Director, describing the process followed by the employer, comparing it to the requirements of this Act that are imposed on the employer with respect to the implementation of pay equity.
28(2)If the Director is satisfied that the employer has complied with the provisions of this Act insofar as they would have applied to the process followed by the employer, had the Act then been in force, the Director shall so advise the employer and the bargaining agent.
28(3)In determining whether there has been compliance, the Director shall consider whether the process followed by the employer included
(a) the selection of a nondiscriminatory job evaluation system,
(b) the identification of all female-dominated and male-dominated classifications,
(c) the determination of the value of the job classifications, a comparison between them, the identification of inequities and the determination of required pay adjustments, if any, and
(d) the terms and conditions of payment of the adjustments in compensation.
28(4)If the Director determines that there has been compliance up to the point in the process reached by the employer by April 1, 2010, the Director shall advise the employer and bargaining agent of that determination, and the employer may then continue with its implementation of the pay equity process.
28(5)If the Director determines that there has not been compliance up to the point in the process reached by the employer by April 1, 2010, the Director may provide advice to the employer with respect to its achieving compliance, and the employer shall ensure that it is in compliance with the requirements of this Act before proceeding further with its implementation of the pay equity process.
Determination of compliance
28(1)An employer who has commenced or completed the pay equity process with an affected bargaining agent before April 1, 2010, shall, at the request of the Director, deliver a report to the Director by the date specified by the Director, describing the process followed by the employer, comparing it to the requirements of this Act that are imposed on the employer with respect to the implementation of pay equity.
28(2)If the Director is satisfied that the employer has complied with the provisions of this Act insofar as they would have applied to the process followed by the employer, had the Act then been in force, the Director shall so advise the employer and the bargaining agent.
28(3)In determining whether there has been compliance, the Director shall consider whether the process followed by the employer included
(a) the selection of a nondiscriminatory job evaluation system,
(b) the identification of all female-dominated and male-dominated classifications,
(c) the determination of the value of the job classifications, a comparison between them, the identification of inequities and the determination of required pay adjustments, if any, and
(d) the terms and conditions of payment of the adjustments in compensation.
28(4)If the Director determines that there has been compliance up to the point in the process reached by the employer by April 1, 2010, the Director shall advise the employer and bargaining agent of that determination, and the employer may then continue with its implementation of the pay equity process.
28(5)If the Director determines that there has not been compliance up to the point in the process reached by the employer by April 1, 2010, the Director may provide advice to the employer with respect to its achieving compliance, and the employer shall ensure that it is in compliance with the requirements of this Act before proceeding further with its implementation of the pay equity process.