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Ontario’s Pay Equity Act

with Selected Case References, 2022

Disclaimer: This resource is for information only, and is intended to assist employers in complying with the Pay Equity Act. It is not to be construed or considered as legal advice, nor warranted to be complete and accurate, and may be amended without notice. It does not restrict Review Officers of the Pay Equity Office in their interpretation and determination of matters under the Act.

Settling of plan

17. (1) If the Commission receives a notice of objection under subsection 16 (4), the Hearings Tribunal shall hold a hearing and, in its decision, shall settle the pay equity plan to which the objection relates.

Bertrand v York Catholic District School Board, 2014 CanLII 23635 (ON PEHT) 2014-05-01— The York Catholic District School Board posted a revised non-union pay equity plan pursuant to an Order dated April 8, 2013. Ms. Smith filed an objection with Review Services of the Pay Equity Office within 30 day of the revised plan posting. Here, the Tribunal held that the objection is properly before the Board and it will hear and determine the plan even though it was filed after the date of the Order (April 23, 2018), since the objection was filed within thirty days of the amended plan posting, pursuant to subsection 17(1) and 16(4).

Posting of plan

(2) Forthwith after receiving the decision of the Hearings Tribunal, the employer shall post a copy of the decision in the workplace and, on the day provided for in the plan, shall make the first adjustments in compensation required to achieve pay equity.

Idem

(3) Where adjustments in compensation are made after the day provided for in a pay equity plan, the employer shall make the adjustments retroactive to that R.S.O. 1990, c. P.7, s. 17.

PART III (ss. 18-21) Repealed: R.S.O. 1990, c. P.7, s. 21 (2).

 

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