Pay Equity Act

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Sections384

• [s0]Preamble

  Whereas it is desirable that affirmative action be taken to redress gender discrimination in the compensation of employees employed in female job classes in Ontario; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

• [s1]

  PART I GENERAL Interpretation, posting and miscellaneous

• PART I GENERAL
• 1Definitions

  1 (1) In this Act, “bargaining agent” means a trade union as defined in the Labour Relations Act that has the status of exclusive bargaining agent under that Act in respect of any bargaining unit or units in an establishment and includes an organization representing employees to whom this Act applies where such organization has exclusive bargaining rights under any other Act in respect of such employees; (“agent négociateur”) “collective agreement” means an agreement in writing between an employer and a bargaining agent covering terms and conditions of employment; (“convention collective”) “Commission” means the Pay Equity Commission of Ontario established by this Act; (“Commission”) “compensation” means all payments and benefits paid or provided to or for the benefit of a person who performs functions that entitle the person to be paid a fixed or ascertainable amount; (“rétribution”) “e…

• 1.
• 1.1Crown as employer

  1.1 (1) For the purposes of this Act, the Crown is not the employer of a person unless the person, (a) is a public servant employed under Part III of the Public Service of Ontario Act, 2006; or (b) is employed by a body prescribed in the regulations. 2006, c. 35, Sched. C, s. 107 (1). Plans posted before Dec. 18, 1991 (2) If the Crown and a bargaining agent have agreed that the Crown is the employer of the employees represented by the bargaining agent and a pay equity plan in accordance with that agreement was posted before the 18th day of December, 1991, the Crown shall be deemed to be the employer of those employees. 1993, c. 4, s. 2. Same (3) If the Crown posted a pay equity plan before the 18th day of December, 1991 for employees who are not represented by a bargaining agent, the Crown shall be deemed to be the employer of those employees. 1993, c. 4, s. 2. Application (4) This secti…

• 2Combined establishments

  2 (1) Two or more employers and the bargaining agent or agents for their employees, who come together to negotiate a central agreement, may agree that, for the purposes of a pay equity plan, all the employees constitute a single establishment and the employers shall be considered to be a single employer. Idem (2) Two or more employers who are municipalities in the same geographic division and the bargaining agent or agents for their employees or, if there is no bargaining agent, the employees, may agree that, for the purposes of a pay equity plan, all the employees constitute a single establishment and the employers shall be considered to be a single employer. Employers to implement plans (3) Despite the fact that the employees of two or more employers are considered to be one establishment under subsection (1) or (2), each employer is responsible for implementing and maintaining the pay…

• 2.
• 3Application

  3 (1) This Act applies to all employers in the private sector in Ontario who employ ten or more employees, all employers in the public sector, the employees of employers to whom this Act applies and to their bargaining agents, if any. Idem (2) If at any time after the coming into force of this Act an employer employs ten or more employees in Ontario, this Act applies with respect to the employer although the number of employees is subsequently reduced to fewer than ten. R.S.O. 1990, c. P.7, s. 3.

• 3.
• 4Purpose

  4 (1) The purpose of this Act is to redress systemic gender discrimination in compensation for work performed by employees in female job classes. Identification of systemic gender discrimination (2) Systemic gender discrimination in compensation shall be identified by undertaking comparisons between each female job class in an establishment and the male job classes in the establishment in terms of compensation and in terms of the value of the work performed. R.S.O. 1990, c. P.7, s. 4.

• 4.
• 5Value determination

  5 (1) For the purposes of this Act, the criterion to be applied in determining value of work shall be a composite of the skill, effort and responsibility normally required in the performance of the work and the conditions under which it is normally performed. Idem, disabled employees, etc. (2) The fact that an employee’s needs have been accommodated for the purpose of complying with the Human Rights Code shall not be considered in determining the value of work performed. R.S.O. 1990, c. P.7, s. 5.

• 5.
• 5.1Achievement of pay equity

  5.1 (1) For the purposes of this Act, pay equity is achieved in an establishment when every female job class in the establishment has been compared to a job class or job classes under the job-to-job method of comparison or the proportional value method of comparison and any adjustment to the job rate of each female job class that is indicated by the comparison has been made. 1996, c. 1, Sched. J, s. 2. Deemed compliance (2) A pay equity plan that used the proportional value method of comparison shall be deemed to have complied with section 6, as it reads immediately before this section comes into force, (a) from the date on which the plan is posted if it is posted before Part III.1 comes into force by an employer to whom Part II applies; or (b) from the date on which the plan is prepared if it is prepared before Part III.1 comes into force by an employer to whom Part III applies. 1993, c…

• 6Achievement of pay equity

  6 (1) For the purposes of this Act, pay equity is achieved under the job-to-job method of comparison when the job rate for the female job class that is the subject of the comparison is at least equal to the job rate for a male job class in the same establishment where the work performed in the two job classes is of equal or comparable value. R.S.O. 1990, c. P.7, s. 6 (1); 1993, c. 4, s. 4 (1). Idem (2) Where there is no male job class with which to make a comparison for the purposes of subsection (1), pay equity is achieved when the job rate for the female job class that is the subject of the comparison is at least equal to the job rate of a male job class in the same establishment that at the time of comparison had a higher job rate but performs work of lower value than the female job class. Basis of comparison (3) If more than one comparison is possible between a female job class in an…

• 6.
• 7Pay equity required

  7 (1) Every employer shall establish and maintain compensation practices that provide for pay equity in every establishment of the employer. Idem (2) No employer or bargaining agent shall bargain for or agree to compensation practices that, if adopted, would cause a contravention of subsection (1). R.S.O. 1990, c. P.7, s. 7.

• 7.
• 7.1Posting of notice

  7.1 (1) Every employer to whom Part III applies and any other employer who is directed to do so by the Pay Equity Office shall post in the employer’s workplace a notice setting out, (a) the employer’s obligation to establish and maintain compensation practices that provide for pay equity; and (b) the manner in which an employee may file a complaint or objection under this Act. Language (2) The notice shall be in English and the language other than English that is understood by the greatest number of employees in the workplace. Form of notice (3) The notice shall be in a form made available to employers by the Pay Equity Office. 1993, c. 4, s. 5. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 5 - 01/07/1993

• 8Exceptions

  8 (1) This Act does not apply so as to prevent differences in compensation between a female job class and a male job class if the employer is able to show that the difference is the result of, (a) a formal seniority system that does not discriminate on the basis of gender; (b) a temporary employee training or development assignment that is equally available to male and female employees and that leads to career advancement for those involved in the program; (c) a merit compensation plan that is based on formal performance ratings and that has been brought to the attention of the employees and that does not discriminate on the basis of gender; (d) the personnel practice known as red-circling, where, based on a gender-neutral re-evaluation process, the value of a position has been down-graded and the compensation of the incumbent employee has been frozen or his or her increases in compensat…

• 8.
• 9Reduction of compensation prohibited

  9 (1) An employer shall not reduce the compensation payable to any employee or reduce the rate of compensation for any position in order to achieve pay equity. Intimidation prohibited (2) No employer, employee or bargaining agent and no one acting on behalf of an employer, employee or bargaining agent shall intimidate, coerce or penalize, or discriminate against, a person, (a) because the person may participate, or is participating, in a proceeding under this Act; (b) because the person has made, or may make, a disclosure required in a proceeding under this Act; (c) because the person is exercising, or may exercise, any right under this Act; or (d) because the person has acted or may act in compliance with this Act, the regulations or an order made under this Act or has sought or may seek the enforcement of this Act, the regulations or an order made under this Act. Compensation adjustmen…

• 9.
• [s14]

  PART II IMPLEMENTATION: PUBLIC SECTOR AND LARGE PRIVATE SECTOR EMPLOYERS

• PART II IMPLEMENTATION: PUBLIC SECTOR AND LARGE PRIVATE SECTOR EMPLOYERS
• 10Definition

  10 In this Part, “mandatory posting date” means, (a) the second anniversary of the effective date, in respect of employers in the public sector and in respect of employers in the private sector who have at least 500 employees on the effective date, (b) the third anniversary of the effective date, in respect of employers in the private sector who have at least 100 but fewer than 500 employees on the effective date, (c) the fourth anniversary of the effective date, in respect of employers in the private sector who have at least fifty but fewer than 100 employees on the effective date and who have posted a notice under section 20, and (d) the fifth anniversary of the effective date, in respect of employers in the private sector who have at least ten but fewer than fifty employees on the effective date and who have posted a notice under section 20. R.S.O. 1990, c. P.7, s. 10.

• 10.
• 11Application

  11 (1) This Part applies to all employers in the public sector, all employers in the private sector who, on the effective date, employ 100 or more employees and those employers in the private sector who post a notice under section 20. Idem (2) This Part does not apply to an employer who does not have employees on the effective date. R.S.O. 1990, c. P.7, s. 11. Same (3) Despite subsection (2), sections 13.1, 14.1 and 14.2 apply to public sector employers that did not have employees on the effective date but that had employees on July 1, 1993. 1994, c. 27, s. 121 (1). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 121 (1) - 09/12/1994

• 11.
• 12Comparison of job classes

  12 Before the mandatory posting date, every employer to whom this Part applies shall, using a gender-neutral comparison system, compare the female job classes in each establishment of the employer with the male job classes in the same establishment to determine whether pay equity exists for each female job class. R.S.O. 1990, c. P.7, s. 12.

• 12.
• 13Pay equity plans required

  13 (1) Documents, to be known as pay equity plans, shall be prepared in accordance with this Part to provide for pay equity for the female job classes in each establishment of every employer to whom this Part applies and, without restricting the generality of the foregoing, (a) shall identify the establishment to which the plan applies; and (b) shall identify all job classes which formed the basis of the comparisons under section 12. Idem (2) If both female job classes and male job classes exist in an establishment, every pay equity plan for the establishment, (a) shall describe the gender-neutral comparison system used for the purposes of section 12; (b) shall set out the results of the comparisons carried out under section 12; (c) shall identify all positions and job classes in which differences in compensation are permitted by subsection 8 (1) or (3) and give the reasons for relying o…

• 13.
• 13.1Sale of a business

  13.1 (1) If an employer who is bound by a pay equity plan sells a business, the purchaser shall make any compensation adjustments that were to be made under the plan in respect of those positions in the business that are maintained by the purchaser and shall do so on the date on which the adjustments were to be made under the plan. Plan no longer appropriate (2) If, because of the sale, the seller’s plan or the purchaser’s plan is no longer appropriate, the seller or the purchaser, as the case may be, shall, (a) in the case of employees represented by a bargaining agent, enter into negotiations with a view to agreeing on a new plan; and (b) in the case of employees not represented by a bargaining agent, prepare a new plan. 1993, c. 4, s. 8. Same (3) Clause 14 (2) (a), subsections 14.1 (1) to (6) and 14.2 (1) and (2) apply, with necessary modifications, to the negotiation or preparation o…

• 13.2Repealed

  13.2 Repealed: 2019, c. 7, Sched. 53, s. 8. Section Amendments with date in force (d/m/y) 2006, c. 4, s. 50 (1) - 28/03/2006 2019, c. 5, Sched. 3, s. 15 (1) - no effect - see 2019, c. 7, Sched. 53, s. 8 - 29/05/2019; 2019, c. 7, Sched. 53, s. 8 - 29/05/2019

• 14.
• 14Establishments with bargaining units

  14 (1) In an establishment in which any of the employees are represented by a bargaining agent, there shall be a pay equity plan for each bargaining unit and a pay equity plan for that part of the establishment that is not in any bargaining unit. Bargaining unit plans (2) The employer and the bargaining agent for a bargaining unit shall negotiate in good faith and endeavour to agree, before the mandatory posting date, on, (a) the gender-neutral comparison system used for the purposes of section 12; and (b) a pay equity plan for the bargaining unit. Idem (3) As part of the negotiations required by subsection (2), the employer and the bargaining agent may agree, for the purposes of the pay equity plan, (a) that the establishment of the employer includes two or more geographic divisions; and (b) that a job class is a female job class or a male job class. Posting of plan (4) When an employer…

• 14.1Changed circumstances

  14.1 (1) If, in an establishment in which any of the employees are represented by a bargaining agent, the employer or the bargaining agent is of the view that because of changed circumstances in the establishment the pay equity plan for the bargaining unit is no longer appropriate, the employer or the bargaining agent, as the case may be, may by giving written notice require the other to enter into negotiations concerning the amendment of the plan. Application of s. 14 (2) Clause 14 (2) (b) and subsections 14 (3), (4) and (5) apply, with necessary modifications, to the negotiations and to any amendment of the plan that is agreed upon. Failure to agree (3) If the employer and the bargaining agent do not agree on an amendment before the expiry of 120 days from the date on which notice to enter into negotiations is given, the employer shall give notice of the failure to the Commission. Same…

• 14.2Changed circumstances, no bargaining units

  14.2 (1) In an establishment where no employee is represented by a bargaining agent, if the employer is of the view that because of changed circumstances in the establishment the pay equity plan for the establishment is no longer appropriate, the employer may amend the plan and post in the workplace a copy of the amended plan with the amendments clearly indicated. Application of s. 15 (2) Subsections 15 (2) to (8) apply, with necessary modifications, in respect of the amended plan. Adjustments (3) If a plan is amended under this section, the compensation adjustment for each position to which the amended plan applies shall not be less than the adjustment that would have been made under the plan before it was amended. 1993, c. 4, s. 9. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 9 - 01/07/1993

• 15.
• 15Establishments without bargaining units

  15 (1) In an establishment where no employee is represented by a bargaining agent, the employer shall prepare a pay equity plan for the employer’s establishment and the employer, on or before the mandatory posting date, shall post a copy of the plan in the workplace. Idem (2) For the purposes of a pay equity plan required by this section or subsection 14 (8), the employer may decide, (a) that the establishment of the employer includes two or more geographic divisions; and (b) that a job class is a female job class or a male job class. Idem (3) An agreement under section 14 between an employer and a bargaining agent shall not affect any pay equity plan required by this section or subsection 14 (8). R.S.O. 1990, c. P.7, s. 15 (1-3). Employee review (4) The employees to whom a pay equity plan required by this section or subsection 14 (8) applies shall have until the ninetieth day after the …

• 16.
• 16Investigation by review officer

  16 (1) If the Commission, (a) is advised by an employer or a bargaining agent that no agreement has been reached on a pay equity plan or an amendment to a pay equity plan; or (b) receives a notice of objection to a pay equity plan for employees who are not represented by a bargaining agent or a notice of objection to an amendment of such a plan, a review officer shall investigate the matter and endeavour to effect a settlement. R.S.O. 1990, c. P.7, s. 16 (1); 1993, c. 4, s. 11. Orders by review officer (2) If the review officer is unable to effect a settlement as provided for in subsection (1), he or she shall by order decide all outstanding matters. Posting of plan (3) Where a review officer effects a settlement under subsection (1) or makes an order under subsection (2), the employer shall forthwith post in the workplace a copy of the pay equity plan that reflects the settlement or ord…

• 17.
• 17Settling of plan

  17 (1) If the Commission receives a notice of objection under subsection 16 (4), the Hearings Tribunal shall hold a hearing and, in its decision, shall settle the pay equity plan to which the objection relates. Posting of plan (2) Forthwith after receiving the decision of the Hearings Tribunal, the employer shall post a copy of the decision in the workplace and, on the day provided for in the plan, shall make the first adjustments in compensation required to achieve pay equity. Idem (3) Where adjustments in compensation are made after the day provided for in a pay equity plan, the employer shall make the adjustments retroactive to that date. R.S.O. 1990, c. P.7, s. 17. Part III (ss. 18-21) Repealed: R.S.O. 1990, c. P.7, s. 21 (2).

• PART III
• [s27]
• 18.-21

  18.-21 Repealed: R.S.O. 1990, c. P.7, s. 21 (2).

• 18.-21.
• PART III.1 PROPORTIONAL VALUE METHOD OF COMPARISON
• Section Amendments with date in force (d/m/y)

  Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.7, s. 21 (2) - 01/01/1994 PART III.1 PROPORTIONAL VALUE METHOD OF COMPARISON

• 21.1Application

  21.1 (1) This Part applies to employers to whom Part II applies and to public sector employers that did not have employees on the effective date but that had employees on July 1, 1993. Transition, deemed plan (2) A plan for the achievement of pay equity shall be deemed to be a pay equity plan if it was prepared by a public sector employer described in subsection (1) before the coming into force of this subsection as if this Part applied to the employer. 1994, c. 27, s. 121 (2). Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993; 1994, c. 27, s. 121 (2) - 09/12/1994

• 21.2Proportional method required

  21.2 (1) If a female job class within an employer’s establishment cannot be compared to a male job class in the establishment using the job-to-job method of comparison, the employer shall use the proportional value method of comparison to make a comparison for that female job class. Adjustments (2) If an employer uses the proportional value method of comparison to make a comparison for a female job class that can be compared to a male job class using the job-to-job method of comparison, the compensation adjustment made for members of that female job class shall not be less than the adjustment that is indicated under the job-to-job method. Exception, Part II (3) Subsection (2) does not apply to an employer to whom Part II applies if the employer prepared a pay equity plan using the proportional value method of comparison and posted it before the coming into force of this Part. However, su…

• 21.3Proportional value comparison method

  21.3 (1) Pay equity is achieved for a female job class under the proportional value method of comparison, (a) when the class is compared with a representative male job class or representative group of male job classes in accordance with this section; and (b) when the job rate for the class bears the same relationship to the value of the work performed in the class as the job rate for the male job class bears to the value of the work performed in that class or as the job rates for the male job classes bear to the value of the work performed in those classes, as the case may be. Comparisons required (2) Comparisons required by this section, (a) for job classes inside a bargaining unit shall be made between job classes in the unit; and (b) for job classes outside any bargaining unit shall be made between job classes that are outside any bargaining unit. Same (3) If, after applying subsectio…

• 21.4Amended pay equity plans

  21.4 (1) If a pay equity plan prepared under Part II for an establishment does not achieve pay equity for all the female job classes at the establishment, the employer shall amend the plan to the extent necessary to achieve pay equity in accordance with this Part. Same (2) Subject to subsection 21.2 (2), an employer may, with the agreement of the bargaining agent, if any, replace a pay equity plan prepared under Part II with another plan prepared under this Part using the proportional value method of comparison. 1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993

• 21.5Plan binding

  21.5 (1) A pay equity plan prepared or amended under this Part binds the employer and the employees to whom the plan applies and their bargaining agent, if any. Plan to prevail (2) A pay equity plan prepared or amended under this Part prevails over all relevant collective agreements and the adjustments to rates of compensation required by the plan shall be deemed to be incorporated into and form part of the relevant collective agreements. 1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993

• 21.6Contents of plans

  21.6 (1) A pay equity plan prepared or amended under this Part must contain the information required by this section. Same (2) Subsections 13 (1) and (2) apply, with necessary modifications, with respect to a pay equity plan prepared or amended under this Part. Method of comparison (3) The plan must, (a) state, for each female job class, what method of comparison has been used to determine whether pay equity exists; (b) describe the methodology used for the calculations required by the proportional value method of comparison; and (c) describe any amendments to be made to the pay equity plan prepared under Part II. 1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993

• 21.7Requirement to post plans

  21.7 The employer shall post a copy of each pay equity plan prepared or amended under this Part in the workplace not later than six months after this section comes into force. 1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993

• 21.8Bargaining unit employees

  21.8 Sections 14, 16 and 17 apply, with necessary modifications, with respect to a pay equity plan that is prepared or amended under this Part for employees in a bargaining unit. 1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1993

• 21.9Non-bargaining unit employees

  21.9 (1) This section applies with respect to pay equity plans prepared or amended under this Part for employees who are not in a bargaining unit. Review period (2) Employees shall have until the ninetieth day after the plan is posted to review it and submit comments to the employer on the plan or, if the plan is an amended plan, the amendments to the plan. 1993, c. 4, s. 12. Same (2.1) For a plan described in subsection 21.1 (2) that is posted before this subsection comes into force, employees shall have until the ninetieth day after this subsection comes into force to review the plan and submit comments on it. 1994, c. 27, s. 121 (3). Application of certain provisions (3) Subsections 15 (2), (3) and (5) to (8) and sections 16 and 17 apply, with necessary modifications, with respect to the plan. 1993, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 4, s. 12 - 01/07/1…

• [s38]
• 21.10Date of first compensation adjustments

  21.10 (1) If a pay equity plan is prepared or amended under this Part, the employer shall make the first adjustments in compensation in respect of the new or amended portions of the plan, (a) in the case of employers in the private sector with 100 or more employees, effective as of the 1st day of January, 1993; (b) in the case of employers in the public sector, effective as of the 1st day of January, 1993; (c) in the case of employers in the private sector with at least fifty but fewer than 100 employees, effective as of the 1st day of January, 1993; (d) in the case of employers in the private sector with at least ten but fewer than fifty employees, on or before the 1st day of January, 1994. Same (2) An employer described in clause (1) (a), (b) or (c) shall make the first payment in respect of the first adjustment within six months after the coming into force of this Part. 1993, c. 4, s.…

• PART III.2
• 21.11-21.23

  21.11-21.23 Repealed: 1996, c. 1, Sched. J, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. J, s. 4 - 01/01/1997 PART IV ENFORCEMENT

• PART IV ENFORCEMENT
• 22Complaints

  22 (1) Any employer, employee or group of employees, or the bargaining agent, if any, representing the employee or group of employees, may file a complaint with the Commission complaining that there has been a contravention of this Act, the regulations or an order of the Commission. Idem (2) Any employee or group of employees, or the bargaining agent, if any, representing the employee or group of employees, may file a complaint with the Commission complaining with respect to a pay equity plan that applies to the employee or group of employees that, (a) the plan is not being implemented according to its terms; or (b) because of changed circumstances in the establishment, the plan is not appropriate for the female job class to which the employee or group of employees belongs. Combining of complaints (3) The Hearings Tribunal may combine two or more complaints and deal with them in one proc…

• 22.
• 23Investigation of complaints

  23 (1) Subject to subsection (2), when the Commission receives a complaint, a review officer shall investigate the complaint and may endeavour to effect a settlement. Idem (2) The review officer shall notify the parties and the Hearings Tribunal as soon as he or she decides that a settlement cannot be effected and that he or she will not be making an order under subsection 24 (3). Decision to not deal with complaint (3) A review officer may decide that a complaint should not be considered if the review officer is of the opinion that, (a) the subject-matter of the complaint is trivial, frivolous, vexatious or made in bad faith; or (b) the complaint is not within the jurisdiction of the Commission. Hearing before Tribunal (4) The review officer shall notify the complainant of his or her decision under subsection (3) and the complainant may request a hearing before the Hearings Tribunal wit…

• 23.
• 24Orders by review officers

  24 (1) Where a review officer is of the opinion that a pay equity plan is not being prepared as required by Part II or III.1, the review officer may order the employer and the bargaining agent, if any, to take such steps as are set out in the order to prepare the plan. R.S.O. 1990, c. P.7, s. 24 (1); 1993, c. 4, s. 14 (1); 1996, c. 1, Sched. J, s. 5 (1). Idem (2) Where a review officer is of the opinion that a pay equity plan is not being implemented according to its terms, the review officer may order the employer to take such steps as are set out in the order to implement the plan. R.S.O. 1990, c. P.7, s. 24 (2). Same (2.1) If a review officer is of the opinion that because of changed circumstances a pay equity plan is no longer appropriate, the officer may order the employer to amend the plan in such manner as is set out in the order or to take such steps with a view to amending the p…

• 24.
• 25Hearings

  25 (1) The Hearings Tribunal shall hold a hearing, (a) if a review officer is unable to effect a settlement of a complaint and has not made an order under subsection 24 (3); (b) if a request for a hearing, as described in subsection 23 (4) or 24 (6), is received by the Hearings Tribunal; or (c) if a review officer refers a matter to the Hearings Tribunal under subsection 24 (5). R.S.O. 1990, c. P.7, s. 25 (1). Reference stayed (1.1) A reference under subsection 24 (5) respecting an order shall not proceed if the Hearings Tribunal has confirmed, varied or revoked the order following a hearing requested under subsection 23 (4) or 24 (6). 1993, c. 4, s. 15 (1). Orders (2) The Hearings Tribunal shall decide the issue that is before it for a hearing and, without restricting the generality of the foregoing, the Hearings Tribunal, (a) where it finds that an employer or a bargaining agent has fa…

• 25.
• 25.1Settlements

  25.1 (1) The parties to a matter in respect of which the Hearings Tribunal is required to hold a hearing may settle the matter in writing. Binding effect (2) A settlement under subsection (1) binds the parties to it. Bargaining unit employees (3) If a bargaining agent is a party to a settlement under subsection (1), the settlement also binds the employees who are represented by the bargaining agent. Complaint (4) A party to the settlement may file with the Hearings Tribunal a complaint that the settlement is not being complied with. Hearing (5) The Hearings Tribunal shall hold a hearing respecting the complaint. Finding (6) If the Hearings Tribunal finds that a party is not complying with the settlement, it may order the party to take such steps as it may specify to come into compliance or to rectify the failure to comply. 1993, c. 4, s. 16. Section Amendments with date in force (d/m/y) …

• [s45]
• 26Offences and penalties

  26 (1) Every person who contravenes or fails to comply with subsection 9 (2) or subsection 35 (5) or an order of the Hearings Tribunal is guilty of an offence and on conviction is liable to a fine of not more than $5,000, in the case of an individual, and not more than $50,000, in any other case. Parties (2) If a corporation or bargaining agent contravenes or fails to comply with subsection 9 (2) or subsection 35 (5) or an order of the Hearings Tribunal, every officer, official or agent thereof who authorizes, permits or acquiesces in the contravention is a party to and guilty of the offence and, on conviction, is liable to the penalty provided for the offence whether or not the corporation or bargaining agent has been prosecuted or convicted. R.S.O. 1990, c. P.7, s. 26 (1, 2). Confidentiality (2.1) Every person who uses information obtained under Part III.2 other than for the purposes o…

• 26.
• PART V ADMINISTRATION
• Section Amendments with date in force (d/m/y) #46

  Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. J, s. 7 - 01/01/1997 PART V ADMINISTRATION

• 27Commission continued

  27 (1) The commission known in English as the Pay Equity Commission of Ontario and in French as Commission de l’équité salariale de l’Ontario is continued. R.S.O. 1990, c. P.7, s. 27 (1). Idem (2) The Commission shall consist of the Pay Equity Hearings Tribunal and the Pay Equity Office. R.S.O. 1990, c. P.7, s. 27 (2). Employees (3) Such employees as are necessary for the proper conduct of the Commission’s work may be appointed under Part III of the Public Service of Ontario Act, 2006 to serve in the Pay Equity Office. R.S.O. 1990, c. P.7, s. 27 (3); 2006, c. 35, Sched. C, s. 107 (2). Services of ministries, etc. (4) The Commission shall, if appropriate, use the services and facilities of a ministry, board, commission or agency of the Government of Ontario. R.S.O. 1990, c. P.7, s. 27 (4). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 107 (2) - 20/08/2007

• 27.
• 28Hearings Tribunal

  28 (1) The Hearings Tribunal shall be composed of a presiding officer, one or more deputy presiding officers and as many other members equal in number representative of employers and employees respectively as the Lieutenant Governor in Council considers proper, all of whom shall be appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. P.7, s. 28 (1). Alternate presiding officer (2) The Lieutenant Governor in Council shall designate one of the deputy presiding officers to be alternate presiding officer and the person so designated, in the absence of the presiding officer or if the presiding officer is unable to act, shall have all of the powers of the presiding officer. R.S.O. 1990, c. P.7, s. 28 (2). Remuneration and expenses (3) The members of the Hearings Tribunal who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 shall be paid suc…

• 28.
• 29Powers and duties of Tribunal

  29 (1) The Hearings Tribunal may exercise such powers and shall perform such duties as are conferred or imposed upon it by this Act or the regulations. R.S.O. 1990, c. P.7, s. 29 (1). Idem (2) Without limiting the generality of subsection (1), the Hearings Tribunal, (a) may decide in an order made under subsection 17 (1) or clause 25 (2) (a) that any job class is a female job class or a male job class; (b) may make rules for the conduct and management of its affairs and for the practice and procedure to be observed in matters before it; (c) may require that any person seeking a determination of any matter by the Hearings Tribunal shall give written notice, in such form and manner as the Hearings Tribunal specifies, to the persons that the Hearings Tribunal specifies; (d) may, upon the request of the parties or on its own initiative, convene one or more pre-hearing conferences; (e) may or…

• 29.
• 29.1Death or incapacity of member

  29.1 (1) If, after a panel of the Hearings Tribunal begins holding a hearing respecting a matter but before it reaches a decision on all the issues before it, the presiding officer or deputy presiding officer dies or becomes incapacitated, another panel of the Tribunal shall decide whether, (a) the hearing should continue but with the member who died or became incapacitated having been replaced by a presiding officer or deputy presiding officer; or (b) a new hearing should be held before another panel. Same (2) If, after a panel of the Hearings Tribunal begins holding a hearing respecting a matter and before it reaches a decision on all the issues before it, a member who is a representative of employers or employees dies or becomes incapacitated, another panel of the Tribunal shall decide whether, (a) the hearing should continue but with the member who died or became incapacitated having…

• 30Exclusive jurisdiction

  30 (1) The Hearings Tribunal has exclusive jurisdiction to exercise the powers conferred upon it by or under this Act and to determine all questions of fact or law that arise in any matter before it and the action or decision of the Hearings Tribunal thereon is final and conclusive for all purposes. Reconsideration of decisions, etc. (2) The Hearings Tribunal may at any time, if it considers it advisable to do so, reconsider a decision or order made by it and vary or revoke the decision or order. R.S.O. 1990, c. P.7, s. 30.

• 30.
• 31Testimony in civil proceedings

  31 Except with the consent of the Hearings Tribunal, no member of the Hearings Tribunal, employee of the Commission or person whose services have been contracted for by the Commission shall be required to testify in any civil proceeding, in any proceeding before the Hearings Tribunal or in any proceeding before any other tribunal respecting information obtained in the discharge of their duties or while acting within the scope of their employment under this Act. R.S.O. 1990, c. P.7, s. 31. Parties to proceedings

• 31.
• 32Definition

  32 (0.1) In this section, “representative” means, in respect of a proceeding under this Act, a person authorized under the Law Society Act to represent a person or persons in that proceeding. 2006, c. 21, Sched. C, s. 127 (1). Parties to proceedings (1) Where a hearing is held before the Hearings Tribunal or where a review officer investigates for the purposes of effecting a settlement of an objection or complaint, the parties to the proceeding are, (a) the employer; (b) the objector or complainant; (c) the bargaining agent (if the pay equity plan relates to a bargaining unit) or the employees to whom the plan relates (if the plan does not relate to a bargaining unit); and (d) any other persons entitled by law to be parties. R.S.O. 1990, c. P.7, s. 32 (1); 1993, c. 4, s. 19 (1). Same (1.1) The Hearings Tribunal or a review officer may require an employer to post a notice relating to this…

• 32.
• 33Pay Equity Office

  33 (1) The Pay Equity Office is responsible for the enforcement of this Act. R.S.O. 1990, c. P.7, s. 33 (1); 1993, c. 4, s. 20 (1). Idem (2) Without limiting the generality of subsection (1), the Pay Equity Office, (a) may conduct research and produce papers concerning any aspect of pay equity and related subjects and make recommendations to the Minister in connection therewith; (b) may conduct public education programs and provide information concerning any aspect of pay equity and related subjects; (c) shall provide support services to the Hearings Tribunal; (d) shall conduct such studies as the Minister requires and make reports and recommendations in relation thereto; (e) shall conduct a study with respect to systemic gender discrimination in compensation for work performed, in sectors of the economy where employment has traditionally been predominantly female, by female job classes …

• 33.
• 34Review officers

  34 (1) The head of the Pay Equity Office shall designate one or more employees of the Office to be review officers. Review officers, duties (2) Review officers shall monitor the preparation and implementation of pay equity plans, shall investigate objections and complaints filed with the Commission, may attempt to effect settlements and shall take such other action as is set out in this Act or in an order of the Hearings Tribunal. Powers (3) A review officer, for the purpose of carrying out his or her duties, (a) may enter any place at any reasonable time; (b) may request the production for inspection of documents or things that may be relevant to the carrying out of the duties; (c) upon giving a receipt therefor, may remove from a place documents or things produced pursuant to a request under clause (b) for the purpose of making copies or extracts and shall promptly return them to the p…

• 34.
• [s56]
• 35Warrants

  35 (1) A person shall not exercise a power of entry conferred by this Act to enter a place that is being used as a dwelling without the consent of the occupier except under the authority of a warrant issued under this section. Warrant for search (2) Where a justice of the peace is satisfied on evidence upon oath that there are in a place documents or things that there is reasonable ground to believe will afford evidence relevant to the carrying out of a review officer’s duties under this Act, the justice of the peace may issue a warrant in the prescribed form authorizing the review officer named in the warrant to search the place for any such documents or things and to remove them for the purposes of making copies or extracts and they shall be returned promptly to the place from which they were removed. Warrant for entry (3) Where a justice of the peace is satisfied on evidence upon oath…

• 35.
• [s57]

  PART VI REGULATIONS AND MISCELLANEOUS

• PART VI REGULATIONS AND MISCELLANEOUS
• 36Regulations

  36 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing forms and notices and providing for their use; (b) prescribing methods for determining the historical incumbency of a job class; (c) prescribing criteria that shall be taken into account in deciding whether a job class is a female job class or a male job class; (c.1) prescribing bodies for the purposes of clause 1.1 (1) (b); (d) prescribing the method of valuing any form of compensation; (e) prescribing criteria that shall be taken into account in determining whether work performed in two job classes is of equal or comparable value; (f) prescribing criteria that shall be taken into account in deciding whether or not a difference in compensation between a female job class and a male job class is a difference that is permitted by subsection 8 (1) or (2); (f.1) prescribing limitations on the requirement that an …

• 36.
• 37Review of Act

  37 (1) Seven years after the effective date, the Lieutenant Governor in Council shall appoint a person who shall undertake a comprehensive review of this Act and its operation. Report to Minister (2) The person appointed under subsection (1) shall prepare a report on his or her findings and shall submit the report to the Minister. Idem (3) The Minister shall table the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. P.7, s. 37.

• 37.
• [s60]
• 38Crown bound

  38 This Act binds the Crown in right of Ontario. R.S.O. 1990, c. P.7, s. 38.

• 38.
• [s61]

  SCHEDULE

• 1. #61
• 1 #62

  1 The public sector in Ontario consists of, (a) the Crown in right of Ontario, every agency thereof, and every authority, board, commission, corporation, office or organization of persons a majority of whose directors, members or officers are appointed or chosen by or under the authority of the Lieutenant Governor in Council or a member of the Executive Council; (b) the corporation of every municipality in Ontario, every local board as defined by the Municipal Affairs Act, and every authority, board, commission, corporation, office or organization of persons whose members or officers are appointed or chosen by or under the authority of the council of the corporation of a municipality in Ontario; (c) every board as defined in the Education Act, and every college, university or post-secondary school educational institution in Ontario the majority of the capital or annual operating funds of…

• 1. #62
• 2. #62
• 1. #63
• 2 #63Repealed

  2 Repealed: 2002, c. 17, Sched. C, s. 21. R.S.O. 1990, c. P.7, Sched.; 2002, c. 17, Sched. C, s. 21; 2023, c. 19, s. 22 (1). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 9, s. 108 - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/2023 2023, c. 19, s. 22 (1) - 28/06/2024 APPENDIX Ministry of the Attorney General

• 2. #63
• 1 #64

  1 Community legal clinics that receive funding from the legal aid plan established under the Legal Aid Act.

• 1. #64
• 2. #64
• 1. #65
• 2 #65

  2 Supervised access centres that receive funding from the Ministry of the Attorney General. Ministry of Citizenship, Culture and Recreation

• 2. #65
• 1 #66

  1 Organizations providing services for immigrants and refugees that receive funding through the Newcomer Settlement Program of the Ministry of Citizenship, Culture and Recreation.

• 1. #66
• 2. #66
• 2 #67

  2 A native friendship centre, being an employer that is a not-for-profit corporation established to assist in improving the quality of life of urban and migrating native people.

• 2. #67
• 3. #67
• 3 #68

  3 The Art Gallery of Ontario.

• 3. #68
• 4. #68
• 4 #69

  4 CJRT-FM Inc.

• 4. #69
• 5. #69
• 5 #70

  5 Royal Botanical Gardens.

• 5. #70
• 6. #70
• 6 #71

  6 Community information centres.

• 6. #71
• 7. #71
• 7 #72

  7 The Northern Ontario Library Service Board.

• 7. #72
• 8. #72
• 1. #73
• 8 #73

  8 The Southern Ontario Library Service Board. Ministry of Community and Social Services Ministry of Children and Youth Services

• 8. #73
• 1 #74

  1 Any corporation or organization of persons, other than one that has no employees other than employees who directly or indirectly control it, that, (a) operates a children’s residence under the authority of a licence issued under subsection 254 (3) of the Child, Youth and Family Services Act, 2017; (b) provides residential care under the authority of a licence issued under subsection 254 (3) of the Child, Youth and Family Services Act, 2017 unless the provider is a foster parent; (c) Repealed: 2007, c. 8, s. 223 (1). (d) provides counselling services if the provision of those services is funded under the General Welfare Assistance Act (R.S.O. 1990, c. G.6); (e) provides counselling services if the provision of those services is funded under the Ministry of Community and Social Services Act (R.S.O. 1990, c. M.20); (f) operates a hostel providing services if the provision of those service…

• 1. #74
• 2. #74
• 2 #75

  2 Societies, as defined in the Child, Youth and Family Services Act, 2017.

• 2. #75
• 3. #75
• 3 #76

  3, 4 Repealed: 2007, c. 8, s. 223 (1).

• 3. #76
• 4. #76
• 5. #76
• 1. #77
• 4. #77
• 5 #77

  5 District Welfare Administration Boards operating under the District Welfare Administration Boards Act (R.S.O. 1990, c. D.15). Ministry of Economic Development, Trade and Tourism

• 5. #77
• 1 #78

  1 Metropolitan Toronto Convention Centre.

• 1. #78
• 2. #78
• 5. #78
• 1. #79
• 2 #79

  2 The St. Clair Parkway Commission. Ministry of Education and Training

• 2. #79
• 1 #80

  1 Algoma College.

• 1. #80
• 2. #80
• 1. #81
• 2 #81

  2 Assumption University.

• 2. #81
• 3. #81
• 2. #82
• 3 #82

  3 Brescia College.

• 3. #82
• 4. #82
• 3. #83
• 4 #83

  4 Canterbury College.

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• 4. #84
• 4.1

  4.1 Centre franco-ontarien de ressources pédagogiques.

• 5. #84
• 5 #85

  5 Collège dominicain de philosophie et de théologie.

• 5. #85
• 6. #85
• 5. #86
• 6 #86

  6 Concordia Lutheran Seminary.

• 6. #86
• 7. #86
• 6. #87
• 7 #87

  7 Conrad Grebel College.

• 7. #87
• 8. #87
• 7. #88
• 8 #88

  8 Hearst College.

• 8. #88
• 9. #88