Where an employer has posted and implemented a pay equity plan in accordance with Part II or Part III.2 of the Act, there is no requirement to negotiate an amended plan or to re-post plans to maintain pay equity. In Call-A-Service Inc. /Harmony Hall Centre for Seniors (No.3) (28 April 2008), the Tribunal stated:
“Changes arising from maintenance do not give rise to a formal review period as required under subsections [15. (4) – (8)] of the Act. Most significantly though, such changes do not open a deemed approved plan. (Centennial College (2002-02) P.E.R. 102, par 20). To paraphrase the ruling of the panel in that case, the importance of a deemed approved plan makes it counter-intuitive to the scheme of the Act to contemplate treating subsequent events, as rendering a deemed approved plan open.”