Application of the Pay Equity Act to Ministers’ Offices Regulations

Application of the Pay Equity Act to Ministers’ Offices Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, makes the annexed Application of the Pay Equity Act to Ministers’ Offices Regulations under paragraph 181(1)(p) of the Pay Equity Acta. S.C. 2018, c. 27, s. 416 Definitions The following definitions apply in these Regulations. Act means the Pay Equity Act. (Loi) grouping means the grouping of ministers’ offices under section 1 of the Order Grouping Ministers’ Offices for the Purpose of a Pay Equity Plan. (groupement) Grouping Despite sections 6 to 8 of the Act, the grouping becomes subject to the Act — and is deemed to be recognized by the Pay Equity Commissioner as a single employer under section 106 of the Act — on the day on which the Order Grouping Ministers’ Offices for the Purpose of a Pay Equity Plan comes into force. Appointment of new Prime Minister However, if a new Prime Minister is appointed, the grouping is deemed to become subject to the Act — and to be recognized by the Pay Equity Commissioner as a single employer under section 106 of the Act — on the date of that appointment. Group of employers Except as otherwise provided in these Regulations, the provisions of the Act and any regulations made under it that apply to groups of employers recognized by the Pay Equity Commissioner as a single employer under section 106 of the Act apply to the grouping. Pay equity plan — new Prime Minister Upon the appointment of a new Prime Minister, the grouping’s posted pay equity plan ceases to apply to the ministers whose offices form part of the grouping, and the obligations of those ministers that arose as a result of the posting of the plan also cease. Pay equity plan — new minister If a new minister is appointed without the Prime Minister being replaced, the pay equity plan posted by the employers of the grouping is deemed to have been posted by the new minister, and that minister assumes the same obligations as the other ministers whose offices form part of the grouping. Non-application Section 30, subsections 61(2) and 62(4), section 63, subsection 78(2) and sections 107 and 113 of the Act do not apply to the grouping. Adaptation — section 17 With respect to the grouping, section 17 of the Act is adapted as follows: Requirement to establish pay equity committee — grouping The grouping must, in respect of the pay equity plan that the grouping is required to establish, make all reasonable efforts to establish a pay equity committee. Adaptation — subsections 68(1) to (3) With respect to the grouping, subsections 68(1) to (3) of the Act are adapted as follows: The grouping must, in respect of the pay equity plan that the grouping is required to update, make all reasonable efforts to establish a pay equity committee. Adaptation — paragraphs 71(a) and (b) With respect to the grouping, paragraphs 71(a) and (b) of the Act are adapted as follows: the grouping is considered to have 100 or more employees if the sum of the average of the number of employees of each of the employers in the grouping — in the fiscal year immediately before the fiscal year in which the notice is posted in accordance with subsection 66(1) in respect of the pay equity plan that the grouping is required to update — is 100 or more; or the grouping is considered to have less than 100 employees if the sum of the average of the number of employees of each of the employers in the grouping — in the fiscal year immediately before the fiscal year in which the notice is posted in accordance with subsection 66(1) or (2), as the case may be, in respect of the pay equity plan that the grouping is required to update — is less than 100. Adaptation — subsection 83(1) With respect to the grouping, subsection 83(1) of the Act is adapted as follows: Final version — three-year maximum Each employer in the grouping must post the final version of the revised pay equity plan and of the document referred to in subsection 79(2) no later than the third anniversary of the day on which the employer posted, as the case may be, the pay equity plan in accordance with section 55 or subsection 57(2); or the previous final version of the revised pay equity plan and the previous final version of the document referred to in subsection 79(2), in accordance with this subsection or subsection 85(2). Adaptation — subsection 88(2) With respect to the grouping, subsection 88(2) of the Act is adapted as follows: Lump sum If an employee referred to in subsection (1) is entitled, as determined in accordance with the regulations, to a lump sum in respect of a period determined in accordance with the regulations — which period is to begin on or after the day on which the previous pay equity plan was posted in accordance with section 55, subsection 57(2), section 83 or subsection 85(2), as the case may be, and end no later than the day on which the revised pay equity plan was posted in accordance with section 83 or, if the employer posted it in accordance with subsection 85(2), the third anniversary of the day referred to in subsection 83(1) — and in an amount determined in accordance with the regulations, the employer is also required to pay to the employee, on the day on which compensation is required to be increased under subsection (4), that lump sum. Adaptation — subsections 57(1) and (2) With respect to the grouping, subsections 57(1) and (2) of the Pay Equity Regulations are adapted as follows: Range — under 100 employees The range of penalties in respect of a violation within a classification set out in column 1 of Part 1 of Schedule 3 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, with respect to a violation committed by an employer with less than 100 employees at the time the notice of violation is served, if it has not posted a notice under subsection 65(1) of the Act; an employer referred to in subparagraph 127(2)(a)(ii) of the Act; the grouping, if the sum of the average of the number of employees of each of the employers in the grouping is less than 100; or a bargaining agent representing some or all of the unionized employees of an employer referred to in paragraph (a) or (b) or of an employer that is in the grouping referred to in paragraph (c). Sum of average For the purposes of paragraph (1)(c), if the employers in the grouping have posted one or more notices under subsection 66(1) of the Act at the time the notice of violation is served, the sum of the average is the one described in paragraph 71(b) of the Act; and in any other case, the average is deemed to be the number of employees of each employer in the grouping at the time the notice of violation is served. Adaptation — subsections 57(5) and (6) With respect to the grouping, subsections 57(5) and (6) of the Regulations are adapted as follows: Average For the purposes of paragraphs (3)(a) and (4)(a) if the employer has posted one or more notices under subsection 65(1) of the Act at the time the notice of violation is served, the average is the one described in paragraph 69(a) of the Act in respect of the most recently posted notice; and in any other case, the average is deemed to be the number of employees at the time the notice of violation is served. For the purposes of paragraphs (3)(b) and (4)(b), if the employers in the grouping have posted one or more notices under subsection 66(1) of the Act at the time the notice of violation is served, the sum of the average is the one described in paragraph 71(a) of the Act; and Registration These Regulations come into force on the day on which they are registered.