An employer’s compliance deadline depends on whether the establishment is in the public or private sector, when it came into existence and the number of employees it had on January 1, 1988 (when the Act became effective) or July 1, 1993 (when the Act was amended).
- Deadlines for employers not subject to Part II requirements
- All new public sector employers that started their organization after January 1, 1988, must achieve pay equity immediately upon start-up.
- Please note this does not apply to those public sector employers who are covered by the proxy provisions of the Pay Equity Act (Part III.2). (See Proxy Comparison Method).
- All private sector employers with fewer than 10 employees in existence on January 1, 1988 and all new private sector employers that started business after January 1, 1988, must achieve pay equity on the day they hire or hired their tenth employee (Table 1).
- Smaller private sector employers who had between 10 and 99 employees on January 1, 1988, and who chose not to post a pay equity plan by December 31, 1993, must achieve pay equity according to deadlines that depend on their size and method of implementing pay equity (Table 2).
Table 1: New employers established after the Act came into effect or July 1, 1993, and existing private sector employers with fewer than 10 employees
Employer |
Number of Employees |
Achievement Date |
---|---|---|
New public sector employer established after January 1, 1988 | N/A | Immediately upon start up |
New private sector employer established after January 1, 1988 | 10 or more employees | Immediately upon start up |
New private sector employer established after January 1, 1988 | Fewer than 10 employees | Day when 10th employee is hired |
Private sector employer existing as of January 1, 1988 | Fewer than 10 employees | Day when 10th employee is hired |
Table 2: Achievement dates for smaller private sector employers who were NOT required and chose NOT to post pay equity plans
Employer | Method of Comparison | Achievement Date |
---|---|---|
Private sector with 50 to 99 employees in 1987 who did NOT post a pay equity plan | Job-to-job | January 1, 1993 |
Private sector with 50 to 99 employees in 1987 who did NOT post a pay equity plan | Proportional value | July 1, 1993 |
Private sector with 10 to 49 employees in 1987 who did NOT post a pay equity plan | Job-to-job | January 1, 1994 |
iii. Deadlines for Part II Employers
For private sector employers that had employees on January 1, 1988 and public sector employers with employees on either January 1, 1988 or July 1, 1993, the deadlines for complying with Part II requirements for posting pay equity plans and making adjustments are based on how many employees the private sector employer had, whether the private sector employer chose to post a plan by December 31, 1993, and the comparison method used by either a private or public sector employer to achieve pay equity (Tables 3 and 4).
Table 3: Deadlines for posting pay equity plans and first adjustment dates for public sector employers
Employer | Method of Comparison | Posting of Pay Equity Plans | First Adjustment Date | Posting of Amended Pay Equity Plans |
---|---|---|---|---|
Public sector with employees in 1987 | Job-to-job | January 1, 1990 | January 1, 1990 | N/A |
Public sector with employees in 1987 | Proportional value | January 1, 1994 | January 1, 1993 | January 1, 1994 |
NOTE: The achievement date for public sector employers in Table 3 is January 1, 1998.
Table 4: Deadlines for posting pay equity plans and first adjustment dates for private sector employers
Employer | Method of Comparison | Posting of Pay Equity Plans | First Adjustment Date | Posting of Amended Pay Equity Plans |
---|---|---|---|---|
Private sector with 500 or more employees in 1987 | Job-to-job | January 1, 1990 | January 1, 1991 | N/A |
Private sector with 500 or more employees in 1987 | Proportional Value | N/A | January 1, 1993 | January 1, 1994 |
Private sector with 100 to 499 employees in 1987 | Job-to-job | January 1, 1991 | January 1, 1992 | N/A |
Private sector with 100 to 499 employees in 1987 | Proportional Value | N/A | January 1, 1993 | January 1, 1994 |
Private sector with 50-99 employees in 1987 who choose to post a pay equity plan | Job-to-job | January 1, 1992 | January 1, 1993 | N/A |
Private sector with 50-99 employees in 1987 who choose to post a pay equity plan | Proportional Value | N/A | January 1, 1993 | January 1, 1994 |
Private sector with 10-49 employees in 1987 who choose to post a pay equity plan | Job-to-job | January 1, 1993 | January 1, 1994 | N/A |
Private sector with 10-49 employees in 1987 who choose to post a pay equity plan | Proportional Value | N/A | January 1, 1994 | January 1, 1994 |
NOTE: There is no achievement date for private sector employers in Table 4. They are all required to spend at least 1 per cent of previous year’s payroll on pay equity adjustments until pay equity is achieved.