Introducing the Pay Equity Solution for Small Business Do-It-Yourself Toolkit, created by Ontario’s Pay Equity Office. This toolkit will help you analyze your compensation practices and support your business while also complying with the law. The Pay Equity Toolkit guides you through seven steps to complete a pay equity analysis.
Ontario’s Pay Equity Act with Selected Case References, 2022
The Pay Equity Office is pleased to offer a new resource for compensation specialists, unions, legal professionals, and others interested in learning more about pay equity law in Ontario. The Selected Case Reference Guide is an annotated version of the Pay Equity Actwith a curated selection of relevant tribunal and court caselaw presented alongside the section of the act that it applies to.
Requires employers to assess all jobs in an organization by conducting an unbiased comparison of the work done by women to the work done by men in order to determine whether the women are being compensated equitably. For example, the receptionist for a company may be as valuable to the organization as the warehouse shipper-receiver. The Act requires an employer to compensate work done by female job class(es)* at least equally to work done by comparable male job class(es).
Requires employers to keep pay equity plans up-to-date (often referred to as “maintenance”).
Sets out a self-managed process for organizations. In other words, the Pay Equity Office does not prepare pay equity plans.
Creates a safe forum for any party (employer, employee, union) to file a complaint with the Pay Equity Office if someone believes that the Act has been contravened.
Allows any party to appeal a Pay Equity Office decision to the Pay Equity Hearings Tribunal.
Allows the Pay Equity Office to refer a matter to the Pay Equity Hearings Tribunal.
*“Job class” is a group of positions in an organization that have similar duties and responsibilities, require similar qualifications, are filled by similar recruiting procedures, and have the same compensation. A job class can consist of a single position (usually in small organizations).
Important note about Part III.2: In 1996, the Legislature repealed the proxy provisions of the Act (S.O. 1996, c.1, schedule J, s.1.). The Service Employees International Union challenged the repeal before the Ontario Divisional Court on the basis that it contravened sections 15 and 28 of the Charter of Rights and Freedoms. The Court agreed with the Union and ruled that the repeal was unconstitutional and of no force and effect. (SEIU, Local 201 v. Ontario (Attorney-General) (1997), 35 O.R. (3d) 508).
While the Court’s ruling restored the proxy provisions to full effect, the Act has not been amended to reintroduce the repealed sections into the statute. The missing provisions of the Pay Equity Act, which the Pay Equity Office (PEO) is required to enforce, are reproduced on the Pay Equity Hearings Tribunal’s website. A downloadable pdf version can be accessed here.
Visit Level the Paying Field where we explore issues related to economics, equity, women, work and money. This series of conversations explores topics impacting women working in Ontario and is published by Ontario’s Pay Equity Office.