Only organizations that are part of the public sector as defined in the Appendix in the Schedule to the Act and had employees on July 1, 1993 are eligible to use the proxy method [21.12 (1) – (2)]. Proxy Orders are issued by Review Officers who verify that the employer is a public sector employer and that pay equity cannot be achieved using either job-to-job or proportional value methods of comparison. Whether an organization is considered part of the public sector depends on the source and purpose of funding and services provided as specified by the Appendix in the Schedule to the Act.

To apply for an Order to use the proxy method, an organization must notify the Commission by completing and submitting a Notice of Inability to Achieve form. Only employers who have received an Order can proceed with proxy comparisons.