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Ontario’s Pay Equity Act

with Selected Case References, 2022

Disclaimer: This Guide gives an overview of the minimum requirements of the Pay Equity Act as interpreted by the Pay Equity Office. The interpretations are drawn from our own experiences and by applying the key rulings of the Pay Equity Hearings Tribunal and the courts and is current to the date ​of publication.

Parties to proceedings

In this section

Definition

32. (0.1) In this section,

“representative” means, in respect of a proceeding under this Act, a person authorized under the Law Society Act to represent a person or persons in that proceeding. 2006, c. 21, Sched. C, s. 127 (1).

Parties to proceedings

(1) Where a hearing is held before the Hearings Tribunal or where a review officer investigates for the purposes of effecting a settlement of an objection or complaint, the parties to the proceeding are,

(a) the employer;

(b) the objector or complainant;

(c) the bargaining agent (if the pay equity plan relates to a bargaining unit) or the employees to whom the plan relates (if the plan does not relate to a bargaining unit); and

(d) any other persons entitled by law to be parties. S.O. 1990, c. P.7, s. 32 (1); 1993, c. 4, s. 19 (1).

Pay Equity Office v. Community Living Guelph Wellington, 2015 CanLII 16351 (ON PEHT) 2015-03-16 — In this case, the Tribunal received 22 responses from “interested parties” named in the Applicant’s file. The Tribunal found that the interested parties only share a general interest in pay equity with the Applicant, but this shared interest does not grant them status as parties. The Tribunal held that in order to obtain party status, the interested parties must establish that they have a direct and substantial interest in the outcome of the proceeding. Furthermore, the Tribunal concluded that if interested parties want to participate as interveners, they must establish a factual basis that adds beyond what the Applicant wishes to present.

Same

(1.1) The Hearings Tribunal or a review officer may require an employer to post a notice relating to this Act in a workplace. 1993, c. 4, s. 19 (2).

Notice

(2) Where the Hearings Tribunal or a review officer requires that a notice be given by the employer to employees, the employer shall post the notice in the workplace and such notice shall be deemed to have been sufficiently given to all employees in the workplace when it is so posted. R.S.O. 1990, c. P.7, s. 32 (2).

Same

(2.1) If the Hearings Tribunal is satisfied that a notice required to be posted under subsection (1.1) has not been posted, the Tribunal may order a review officer to enter the workplace and post the notice. 1993, c. 4, s. 19 (2).

Representation

(3) An employee or a group of employees may appoint a representative to represent the employee or group of employees before the Hearings Tribunal or before a review officer. 2006, c. 21, Sched. C, s. 127 (2).

Idem

(4) Where an employee or group of employees advises the Hearings Tribunal or the Pay Equity Office in writing that the employee or group of employees wishes to remain anonymous, the representative of the employee or group of employees shall be the party to the proceeding before the Hearings Tribunal or review officer and not the employee or group of employees. R.S.O. 1990, c. P.7, s. 32 (4); 1993, c. 4, s. 19 (3); 2006, c. 21, Sched. C, s. 127 (3).

Group of Employees (Anonymous) v. Salvation Army, 1995 CanLII 7201 (ON PEHT) 1995-03-07 — One of the applications before the Tribunal was brought by a group of anonymous employees for the confirmation and compliance of an Order by a Review Officer. The Tribunal found that the counsel for an employee or group of employees, or the Pay Equity Advocate or Legal Service may be the representative of the employee(s) under section 32(4) for the purpose of ensuring that the employee(s) have standing to bring an application before the Tribunal. The Tribunal also stated that it should be reluctant to undermine employees’ right to remain anonymous under the statute.

Idem

  • Where subsection (4) applies, the representative, in the representative’s name,

may take all actions that an employee may take under this Act including the filing of objections under Part II and the filing of complaints under Part IV. R.S.O. 1990, c. P.7,

  1. 32 (5); 2006, c. 21, Sched. C, s. 127 (4).

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