If an employer is unable to set up a pay equity committee despite making all reasonable efforts to do so, they can apply for an authorization to establish or update a pay equity plan without a committee.
We will assess whether:
The employer or group of employers has taken genuine and meaningful steps to establish a pay equity committee. This includes an assessment of all aspects of the time and effort made to establish a pay equity committee.
Granting the authorization would meet the purpose and goals of the Pay Equity Act.
With a different membership
You can apply to establish or to continue your work with a pay equity committee that has a different membership than what is identified in the Pay Equity Act (Section 109 of the Pay Equity Act)
A Pay Equity Committee must meet the following requirements:
at least two-thirds of the members must represent the employees;
at least 50% of the members must be women;
at least one member must be selected by the employer;
where there are unionized employees, at least one member must be selected by each of the bargaining agents; and
where there are non-unionized employees, at least one member must be selected by the non-unionized employees to represent them.
If the employer is unable to establish a committee that meets the requirements above, the employer must ask the Commissioner for permission to set up or continue with a different committee membership composition.
We will assess whether:
The employer has taken genuine and meaningful steps to establish a committee that meets the composition requirements set out in the Act. This includes an assessment of the time and effort made to establish a pay equity committee that meets composition requirements.
The employer or group of employers have met their legal duties to provide notice to employees of the requirement to establish a pay equity plan and pay equity committee.
Granting the authorization would meet the purpose and goals of the Pay Equity Act, including involving employees in the development and maintenance of pay equity plans in certain workplaces.
Cannot perform its work
You can request authorization to establish the pay equity plan without a pay committee when the committee cannot perform its work (Section 110 of the Pay Equity act)
If after establishing a pay equity committee, an employer or a group of employers is of the opinion that the committee is unable to perform its work, a request for an authorization to establish a pay equity plan without the committee can be made.
When we receive the request, we will first try to assist the pay equity committee in doing its work, including providing mediation services to the parties. If the matter is not resolved through mediation, we will assess whether:
The pay equity committee is truly unable to perform its work;
The employer or group of employers have made reasonable efforts to support the pay equity committee’s work; and
It is appropriate in the circumstances to authorize the establishment or update of the pay equity plan without a pay equity committee: we will assess suitable solutions that meet the goals of the Pay Equity Act.
