The Tribunal explained the significance of a deemed approved plan in Ottawa Board of Education v. Ontario Secondary School Teachers’ Federation, 1996 CanLII 7947 (ON PEHT):

“Once the plan which is in formal compliance with s.13 has been executed or, posted and the objection period has passed, it is deemed approved. That is, it is treated by the law as if it had been approved by the Commission. Subsection 13(9) and 13(10) set out the significant consequences of this approval: the plan is binding on the employer and employees, and their bargaining agent, if any; and, it prevails over and forms part of the collective agreement. Future actions of the parties are governed by what the plan provides. The plan is to be implemented according to its terms, and failure to do that can be the subject of a complaint under subsection 22(2)(a).”

Further, in Niagara (Regional Municipality) v. CUPE, Local 1287, 1999 CanLII 14829 (ON PEHT) the Tribunal stated:

“The legislation does not allow the Tribunal to require an amendment to a deemed approved pay equity plan, which has been fully implemented and maintained, where there has been no contravention of the Act [22(1)] and where there are no “changed circumstances” which have had the effect of making the plan inappropriate for the female job classes [22(2)(b)].”