1990 BILL 209 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 209

AN ACT TO PROVIDE FOR EQUAL PAY FOR WORK OF EQUAL VALUE MS. M. LAING Fkst Reading Second Reading Committee of the Whole Thkd Reading Royal Assent

Bill 209 Ms. M. Laing BILL 209 1990

AN ACT TO PROVIDE FOR EQUAL PAY FOR WORK OF EQUAL VALUE (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Individual's Rights Protection Act is amended by this Act 2

Section 6 is amended, (

a) by repealing subsections (1),(2) and (3) and substituting: 6(1) No employer shaU establish or maintain a difference m the rate of pay between male and female employees employed in the same establishment who are performing work of equal or substantially equal value.

(2) For the purposes of subsection (1) in assessing the value of work performed by employees employed in the same establishment the criterion to be applied is the composite of the skiU, effort and responsibility required in the performance of the work and the conditions under which the work is performed.

(3) Separate estabUshments established or maintained by an employer solely or principally for the purpose of establishing or maintaining a difference in the rate of pay between male and female employees shall be deemed for the purposes of this

section to be a single estabUshment.

(3.1) In subsections (1) to (3) "establishment" means a place of business where an undertaking or part of an undertaking is carried on, and

Explanatory Notes 1 This Bill win amend

chapter 1-2 of the Revised Statutes of Alberta 1980. 2

Section 6(1), (2) and (3) presently reads: 6(1) No employer shall (

a) employ a female employee for any work at a rate of pay that is less than the rate of pay at which a male employee is employed by that employer for similar or substantially similar work in the same establishment, or (

b) employ a male employee for any work at a rate of pay that is less than the rate of pay at which a female employee is employed by that employer for similar or substantially similar work in the same establishment.

(2) In subsection (1) "establishment" means a place of business where an undertaking or part of an undertaking is carried on.

(3) Work for which a female employee is employed and work for which a male employee is employed shall be deemed to be similar or substantially similar if the job, duties or services the employees are called on to perform are similar or substantially similar.

(

b) by adding at the end of it:

(7) In this section, "rate of pay" means all remuneration and benefits payable for work performed by the individual and includes salary, commission, vacation pay, termination pay, bonuses, reasonable value of board or accommodation suppUed or any subsidy provided thereon, payments m kind, and the value of employer contributions to a pension plan, a long-term disabiUty plan or a health insurance plan and any other advantage received directly or indirectly from the individual's employer.

(8) This

section appUes to employees of the PubUc Service of Alberta employed: (

a) in a department of Government; (

b) in the Legislative Assembly Office; and (

c) in any other part of the Public Service of Alberta.

(9) This

section applies to every employer who enters into or continues a contract with the Crown in right of Alberta, other than a contract for a single retail transaction or the supply of a service in a single instance. 3(1) This Act comes into force on a date to be fixed by Proclamation.

(2) No provision of this Act shall be proclaimed unless, prior to the Proclamation, a resolution has been passed by the Legislative Assembly which authorizes the proposed commencement date of the provision.

3 Coming into force. Title: 1990 (22nd 2nd) Bill 209,

An Act to Provide for Equal Pay for Work of Equal Value