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Public Sector Equitable Compensation Act (S.C. 2009, c. 2, s. 394)

Act current to 2024-03-06 and last amended on 2018-11-26. Previous Versions

Federal Public Sector Labour Relations and Employment Board (continued)

Complaints Filed by Unionized Employees

The following provision is not in force.

Marginal note:Complaints under section 23

 The Board may, in respect of a complaint filed under section 23, dismiss the complaint or, by order, if the Board determines that the employer or the bargaining agent has failed to comply with section 12, direct the employer or bargaining agent, as the case may be, to comply with section 12 within the period specified by the Board in the order.

The following provision is not in force.

Marginal note:Complaints under section 24 — power to require statement

 The Board may, in respect of a complaint filed under section 24, direct the employer and the bargaining agent to file with it, within the period specified by it, a copy of the report that they made available to employees under section 22 and a written statement that

  • (a) identifies the job class of which the complainant is, according to the employer and the bargaining agent, a member; and

  • (b) indicates whether the job class referred to in paragraph (a) is female predominant and, if it is, sets out how an equitable compensation assessment should be conducted in respect of that job class.

The following provision is not in force.

Marginal note:Complaints under section 24 — power to dismiss or make orders

  •  (1) The Board may, in respect of a complaint filed under section 24, dismiss the complaint or, by order, require the employer and the bargaining agent to file with the Board, within the period specified by it in the order, a report that sets out the following in respect of the female predominant job class of which the complainant is, according to the Board, a member:

    • (a) how the employer and the bargaining agent have, since the making of the order, conducted an equitable compensation assessment in respect of the job class; and

    • (b) if the equitable compensation assessment identified an equitable compensation matter in respect of the job class, their plan to resolve that matter in the course of the next collective bargaining that begins after the day on which the order is made or, if they are collectively bargaining on that day, in the course of that collective bargaining.

  • Marginal note:Power if employer and bargaining agent have committed manifestly unreasonable error

    (2) If, after receiving a report required by an order made under subsection (1), the Board is of the opinion that the employer and the bargaining agent have committed an error that is manifestly unreasonable in conducting an equitable compensation assessment or that their plan fails to make reasonable progress toward resolving an equitable compensation matter, the Board may, by order,

    • (a) require the employer and the bargaining agent to

      • (i) take measures to correct the error or to alter the plan in such a way that it makes reasonable progress toward resolving the equitable compensation matter, and

      • (ii) file a report with the Board, within the period specified by it in the order, describing the measures the employer and the bargaining agent have taken; and

    • (b) if more than two years remain before the termination date of the current collective agreement between the employer and the bargaining agent, alter the collective agreement in such a way that the termination date is any day specified by the Board that is within the period that begins two years after the day on which the order is made and that ends on the day that would otherwise have been the termination date.

  • Marginal note:Power to determine equitable compensation matter

    (3) If, after receiving a report required by an order made under subsection (2), the Board is of the opinion that the employer and the bargaining agent that prepared the report have committed an error that is manifestly unreasonable in the fulfilment of their obligations to take the measures referred to in subparagraph (2)(a)(i), the Board shall determine, by having regard to the equitable compensation assessment conducted by the employer and the bargaining agent or by itself conducting an equitable compensation assessment in respect of the female predominant job class of which the complainant is, according to the Board, a member, if any equitable compensation matters exist in respect of the job class and, if it determines that there are, the Board may, by order,

    • (a) require the employer or the employer and the bargaining agent to pay the complainant a lump sum as compensation with respect to the matter in relation to the period that begins on the day on which the collective agreement during which the complaint was made became effective and binding and that ends on the day on which the order is made; and

    • (b) subject to subsection (4), alter any collective agreement that binds the employer and the bargaining agent on the day on which the order is made so that the employees of the job class receive equitable compensation for the remainder of the term of the collective agreement.

  • Marginal note:When order under paragraph (3)(b) not necessary

    (4) The Board may refrain from making an order under paragraph (3)(b) if it is satisfied that the employer, or the employer and the bargaining agent, have taken the measures that are necessary to provide the employees of the job class with equitable compensation.

  • Marginal note:Failure to file report

    (5) If the employer and the bargaining agent fail to file a report required by an order made under subsection (1) or (2), the Board may, by order, grant another period of time to file the report or, if the Board considers that there are exceptional circumstances to justify doing so, declare that the employer and the bargaining agent have committed a manifestly unreasonable error described in subsection (3). If the Board makes that declaration, subsection (3) applies.

  • Marginal note:Federal Public Sector Labour Relations Act applies

    (6) The Federal Public Sector Labour Relations Act applies in respect of a collective agreement altered under an order made under paragraph (2)(b) or (3)(b) as if it had been entered into under that Act.

  • Marginal note:Report to be made available

    (7) The Board shall make every report received as a result of an order made under this section available to the public.

  • Marginal note:Power to require posting of order

    (8) The Board may, in an order made under this section, require the employer to post a copy of it, for at least 90 days, in the prescribed manner.

  • 2009, c. 2, s. 394 “33”
  • 2017, c. 9, s. 55

Costs

The following provision is not in force.

Marginal note:Power to require payment of costs

 The Board may, in making an order under this Act, require the employer, the bargaining agent or the employer and the bargaining agent, as the case may be, to pay to the complainant all or any part of the costs and expenses incurred by the complainant as a result of making the complaint.

Regulations

The following provision is not in force.

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) defining job group for the purposes of this Act;

  • (b) respecting the content and form of plans prepared under this Act, including as a result of an order made under this Act;

  • (c) prescribing anything that by this Act may be prescribed; and

  • (d) generally for carrying out the purposes and provisions of this Act.

Prohibitions

The following provision is not in force.

Marginal note:Prohibition against encouraging or assisting

 Every employer and every bargaining agent shall refrain from engaging in any conduct that may encourage or assist any employee in filing or proceeding with a complaint under this Act.

The following provision is not in force.

Marginal note:Other prohibitions — employer

 No employer and no person acting on an employer’s behalf shall refuse to employ or to continue to employ any person, or suspend or lay off any person or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person, because the person

  • (a) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Act; or

  • (b) has filed a complaint or exercised any right under this Act.

The following provision is not in force.

Marginal note:Other prohibitions — bargaining agent

 No bargaining agent and no person acting on a bargaining agent’s behalf shall

  • (a) expel or suspend an employee from membership in the bargaining agent, or take disciplinary action against, or impose any form of penalty on, an employee because the employee exercised any right under this Act or refused to perform an act that is contrary to this Act; or

  • (b) discriminate against a person with respect to membership in the bargaining agent, or intimidate or coerce a person or impose a financial or other penalty on a person, because that person

    • (i) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Act, or

    • (ii) has filed a complaint or exercised any right under this Act.

The following provision is not in force.

Marginal note:Complaints against employers

  •  (1) The Board shall examine and inquire into any complaint made to it that an employer or a person acting on an employer’s behalf has contravened section 37.

  • Marginal note:Complaints against employers

    (2) A complaint referred to in subsection (1) is to be examined and inquired into by the Board as if it were a complaint in respect of a contravention of paragraph 186(2)(c) of the Federal Public Sector Labour Relations Act. For greater certainty, if the complaint is made in writing, the written complaint is itself evidence that the contravention actually occurred and, if any party to the complaint proceedings alleges that the contravention did not occur, the burden of proving that it did not is on that party.

  • Marginal note:Complaints against bargaining agents

    (3) The Board shall examine and inquire into any complaint made to it that a bargaining agent or a person acting on a bargaining agent’s behalf has contravened section 38.

  • Marginal note:Complaints against bargaining agents

    (4) A complaint referred to in subsection (3) is to be examined and inquired into by the Board as if it were a complaint in respect of a contravention of paragraph 188(d) or (e) of the Federal Public Sector Labour Relations Act. If the complaint is made in writing, the written complaint is itself evidence that the contravention actually occurred and, if any party to the complaint proceedings alleges that the contravention did not occur, the burden of proving that it did not is on that party.

  • 2009, c. 2, s. 394 “39”
  • 2017, c. 9, s. 55

Offence and Punishment

The following provision is not in force.

Marginal note:Contravention of section 37 or 38

 Every employer, bargaining agent or other person who contravenes section 37 or 38 is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000.

The following provision is not in force.

Marginal note:Contravention of orders and certain provisions

  •  (1) Every employer or bargaining agent who contravenes section 15, 22 or 36 or an order of the Board made under this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

  • Marginal note:Contravention of section 44

    (2) Every employer who contravenes section 44 is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000.

  • Marginal note:Consent to prosecution

    (3) A prosecution for an offence under subsection (1) or (2) may be instituted only with the consent of the Board.

General

The following provision is not in force.

Marginal note:Bargaining agent deemed to be person

 For the purposes of this Act, a bargaining agent is deemed to be a person.

The following provision is not in force.

Marginal note:Obligation to provide Board with reports

 An employer shall, as soon as feasible after it has prepared a report referred to in section 7 or 22, provide the Board with the report.

The following provision is not in force.

Marginal note:Obligation to keep records

 Every employer shall, in the prescribed manner, establish and maintain, for the prescribed period, prescribed records for the purpose of this Act.

The following provision is not in force.

Marginal note:Inconsistency or conflict

 Nothing in this Act affects the application of the Federal Public Sector Labour Relations Act, but in the event of any inconsistency or conflict between this Act and that Act, the provisions of this Act prevail to the extent of the inconsistency or conflict.

  • 2009, c. 2, s. 394 “45”
  • 2017, c. 9, s. 55
The following provision is not in force.

Marginal note:Application of safety or security provisions

  •  (1) Nothing in this Act is to be construed as requiring or permitting an employer, an employee, a bargaining agent or the Board to do or refrain from doing anything that is contrary to any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or of any state allied or associated with Canada.

  • Marginal note:Order is conclusive proof

    (2) For the purposes of subsection (1), an order made by the Governor in Council is conclusive proof of the matters stated in it in relation to the giving or making of any instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

Transitional Provisions

Complaints by Non-unionized Employees

The following provision is not in force.

Marginal note:Day determined under subsection 30(4)

 If a complaint is made under section 11 after the first period that the employer was bound to comply with section 6 or 7 in respect of the job group that includes the complainant and before the second period that the employer was bound to comply with either of those sections in respect of that job group, the day that is referred to in subsection 30(4) in respect of that complaint is, despite that subsection, the day on which this Act came into force.

Taking Effect of Provisions in Respect of Unionized Employees

The following provision is not in force.

Marginal note:Application of subsection 12(1)

 Subsection 12(1) applies only in respect of a collective agreement that expires on a day that is more than two years after the day on which this Act comes into force.

The following provision is not in force.

Marginal note:Application of subsection 12(2) and sections 13 to 22 and 24

 Subsection 12(2) and sections 13 to 22 and 24 apply only in respect of a collective agreement that takes effect, or would take effect, on a day that is more than two years after the day on which this Act comes into force.

First Collective Agreement After Taking Effect

The following provision is not in force.

Marginal note:Period referred to in paragraph 33(3)(a)

  •  (1) If a complaint filed under subsection 24(1) is in respect of the first collective agreement that takes effect on a day that is more than two years after the day on which this Act comes into force, the period referred to in paragraph 33(3)(a) is, despite that paragraph, the period that begins, subject to subsection (2), on one of the following days and that ends on the day on which the order is made:

    • (a) if the complainant was not a unionized employee on the day on which this Act came into force, the later of the day on which the complainant became a member of a bargaining unit to which the collective agreement applies and the day on which this Act came into force;

    • (b) if the complainant was, on the day on which this Act came into force, a member of a bargaining unit that was not a bargaining unit to which the collective agreement applies, the day on which the complainant became a member of a bargaining unit to which the collective agreement applies; or

    • (c) in the case of any other complainant, the day on which this Act came into force.

  • Marginal note:Exception

    (2) The day referred to in each of paragraphs (1)(a) to (c) may not be earlier than the day on which the job class to which the complaint relates came into existence.

 

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