If an employer did not implement or achieve pay equity by their compliance deadline the employer’s liability for pay equity is retroactive to the date when pay equity should have been implemented or achieved in the establishment.

i. Retroactivity dates for employers not subject to Part II requirements

• The retroactivity date for private sector employers with fewer than 10 employees in existence as of January 1, 1988 and private sector employers that started their company after January 1, 1988 is the day they hired their tenth employee.
• The retroactivity date for public sector employers established after July 1, 1993 is the day the organization started.
• For private sector employers that had between 10 and 99 employees on January 1, 1988 and who were not required and chose not to post a pay equity plan, adjustments were due from their mandatory achievement date (Table 2).

ii. Retroactivity dates for Part II employers

• For private sector employers that had employees on January 1, 1988 and who were required to post a pay equity plan or chose to do so, adjustments were due from the first adjustment date according to the number of employees [13. (2) (e)] (Table 3).
• Those employers who applied the proportional value comparison method to those female job classes that could not achieve pay equity by the job-to-job method of comparison were required to make the payments retroactive to the first adjustment date [21.10 (1) – (2.1)] (Table 3).
• Public sector employers with employees on January 1, 1988 or July 1, 1993 that used either the job-to-job or proportional value comparison methods must have fully achieved pay equity by January 1, 1998.
• Public sector employers with employees on July 1, 1993 that have been using the proxy method of comparison should have posted their pay equity plans by January 1, 1994.
• Proxy adjustments were to begin January 1, 1994 and continue every year until pay equity is achieved.