1990 BILL 231 Second Session, 22nd Legislature, 39 EUzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 231 PUBLIC SERVICE PAY EQUITY ACT MR. DECORE First Readmg Second Reading Committee of the Whole Third Reading Royal Assent

Bill 231 Mr. Decore BILL 231 1990 PUBLIC SERVICE PAY EQUITY ACT (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: PARTI

INTERPRETATION AND APPLICATION

Definitions 1(1) lu tUis Act, (a) "Agency" means the Pay Equity Agency established by this Act; (b) "bargaining agent" has the mearung given to it in the Labour Relations Act; (c) "coUective agreement" means an agreement in writing between an employer and a bargaining agent covering terms and conditions of employment; (d) "compensation" means aU payments and benefits paid or provided to or for the benefit of a person who performs functions that entitle the person to be paid a fixed or ascertainable amount; (e) "effective date" means the day

Part II comes into force; (f) "employee" means, (

i) an employee as defined in the Public Service Act, (ii) a person employed by the Alberta Liquor Control 1

Board, the Alberta Labour Relations Board or the Workers' Compensation Board; (g) "employer" means the employer of an employee to whom this Act appUes; (h) "group of jobs" means a grouping or series of jobs that bear a relationship to each other because of the nature of the work required to perform them and that are organized in successive job levels, and, where there are no such job levels, means jobs that are grouped together for the purposes of compensation; (i) "job level" means, (

i) a grade or rank of jobs within a group of jobs that has a rate or range of salary assigned to the grade or rank, (

U) a group of jobs, if the group of jobs contains no grades or ranks; G) "job rate" means the highest rate of compensation for a job level; (k) "Minister" means the Minister of Labour or such other member of the Executive CouncU to whom the admmistration of this Act may be assigned; (1) "predominantly female group of jobs" means, (

i) a group of jobs that, on the effective date, has 60% or more of the positions in the group occupied by women, (

U) if

Part III or V appUes, a group of jobs that the employer and the bargaining agent or agents agree to designate as a predominantly female group of jobs, (ui) if

Part IV or VI appUes, a group of jobs that the employer, with the Agency's approval, designates as a predominantly female group of jobs, (iv) a group of jobs that is designated by the regulations made under this Act as a predominantly female group of jobs; (m) "predommantly male group of jobs" means, (

i) a group of jobs that, on the effective date, has 60% or more of the positions m the group occupied by men,

(

U) if

Part III or V appUes, a group of jobs that the employer and the bargaining agent or agents agree to designate as a predominantly male group of jobs, (Ui) if

Part IV or VI appUes, a group of jobs that the employer, with the Agency's approval, designates as a predominantly male group of jobs, (iv) a group of jobs that is designated by the regulations made under this Act as a predominantly male group of jobs; (n) "representative job level in a predommantly female group of jobs" means the job level in a predominantly female group of jobs that has the greatest number of employees.

(2) Where a group of jobs is designated as a predominantly female group of jobs or as a predominantly male group of jobs, the designation, subject to any order or direction of the Agency, is binding upon the employer, the employees of the employer and the bargaining agent, if any, of the employees.

(3) Where 2 or more job levels in a female group of jobs have the same number of employees, the job level with the higher or highest job rate shaU be deemed to have the greater or greatest number of employees. Application 2 Thls Act appUos to, (

a) the Crown in right of Alberta and employees as defined in the Public Service Act; (

b) the Alberta Liquor Control Board, the Alberta Labour Relations Board and the Workers' Compensation Board and the employees of them; (

c) bargaining agents representing employees to whom this Act appUes.

PART II PAY EQUITY: GENERAL PuTwse 2(1) The purpose of pay equity is to redress systemic gender discrimmation m compensation for work performed by employees employed m predommantly female groups of jobs m the public service of Alberta.

Criterion Equity achieved Equity plans

(2) Systemic gender discrimination in compensation shall be identified by imdertaking comparisons between the representative job level in a predominantly female group of jobs and a job level in a predominantly male group of jobs in terms of relative pay and in terms of the relative value of the work performed. 4 The criterion to be appUed in determining value of work for the purpose of this Act shaU be a composite of the skUl, effort and responsibiUty normaUy required in the performance of the work and the conditions under which it is normaUy performed. 5(1) For the purposes of this Act, pay equity is achieved when the job rate for the representative job level in a predominantly female group of jobs is at least equal to the job rate for a job level in any predominantly male group of jobs where the work performed in the two job levels is of equal or comparable value.

(2) Where more than one comparison is possible between the representative job level in a predominantly female group of jobs and job levels in a predominantly male group of jobs where the work performed in aU job levels is of equal or comparable value, pay equity is achieved when the job rate for the representative job level in the predominantly female group is at least as great as the job rate for the job level in the predominantly male group with the lowest job rate.

(3) A job level in a predominantly male group of jobs shaU not be used for purposes of comparison if less than 60% of the employees in the job level on the effective date are male.

(4) For the purposes of this Act, differences m rates of compensation between job levels in predominantly male group of jobs of equal or comparable value shaU be deemed not to reflect gender bias. 6 Plans to provide for pay equity for predominantly female groups of jobs shaU be estabUshed and implemented m accordance with this Act. content of plan 7 ^ p^y ^^^^y pj^^ (

a) shaU provide for the development or selection of a gender- neutral job comparison or evaluation system; (

b) shaU identify aU predominantly female groups of jobs and aU predominantly male groups of jobs; (

c) shaU provide for the appUcation of the system referred to in clause (

a) to positions in the predominantly female groups

of jobs and in the predominantly male groups of jobs; and Positions not considered No reduction for equity Plan binds (

d) shaU provide for the adjustment of the rates of compensation in the representative job level in a predominantly female group of jobs, where necessary, to achieve pay equity and shaU provide that where such adjustments are required to be made, aU job levels in the same predominantly female group of jobs as the representative job level shaU receive the same percentage adjustment of their rates of compensation when the plan is fuUy implemented. 8(1) A position that the employer, acting in good faith, designates as, (

a) a temporary training position; (

b) a student position; (

c) a rehabiUtation position; (

d) a casual position; or (

e) a position for which there is a temporary labour shortage, or a position that the Agency designates for the purposes of this

section may be excluded m determinmg the gender predominance of any group of jobs and need not be included in a pay equity plan.

(2) A position shaU not be designated for the purposes of this Act as a casual position if, (

a) the work is performed for at least 1/3 of the normal work period that appUes to sunUar fuU-tune work; (

b) the work is performed on a seasonal basis m the same position for the same employer; or (

c) the work is performed on a regular and contmumg basis, although for less than 1/3 of the normal work period that appUes for simUar fuU-tune work. 9 An employer shaU not reduce the compensation payable to an employee or reduce the rate of compensation for any position in order to achieve pay equity. 10(1) A pay equity plan and aU amendments to it that the Agency directs or orders are bmdmg upon the employer, the employees in the positions to which the pay equity plan applies and the bargaining agent, if any, of the employees.

(2) A pay equity plan prevails over the provisions of aU relevant coUective agreements and the adjustments to rates of compensation required by the plan, from the date the plan is filed by the employer with the Agency or established by it, shall be deemed to be incorporated into and form part of the relevant coUective agreements, if any, and of ensuing coUective agreements, if any, entered into during the implementation period and the relevant coUective agreements shaU be amended accordingly. (3) Subsection (2) appUes with necessary modifications to amendments to a pay equity plan directed or ordered by the Agency.

Implementation n^i^ ^ gQ^^ ^ ^ ^^y equity plan has hccti filed with the Agency or established by it, the employer shaU take aU necessary steps, by way of job audits or otherwise, to prepare for implementation of the plan.

(2) If, after the filing of a pay equity plan, the Agency dkects or orders any amendments to it, the amendments shaU be deemed to be incorporated into and form part of the plan.

(3) An employer shaU begm making adjustments to rates of compensation under a pay equity plan as soon as possible after the plan is fUed with the Agency or estabUshed by it and, (

a) if the plan is one to which

Part III appUes, the fu-st adjustments, (

i) shaU be made no later than the day 18 months from the date of filing or estabUshment of the plan, and (

U) shaU be such that compensation payable during the 12-month period foUowing the first adjustments shall be mcreased by not less than 1% of the employer's payroll for the bargaining unit to which the plan applies since the date on which bargaining with respect to the plan was required to commence under

section 12 or not less than the amount required to achieve pay equity under the plan, whichever is less; (

b) if the plan is one to which

Part IV appUes, the first adjustments, (

i) shaU be made no later than the day 18 months from the date of filing or estabUshment of the plan, and (

U) shaU be such that compensation payable during the

12-month period foUowing the first adjustments shaU be mcreased by not less than 1% of the employer's payroU for employees who are not in a bargaining unit smce the date on which preparation of the plan was requked to commence under

section 14 or not less than the amount requked to achieve pay equity under the plan, whichever is less; (

c) if the plan is one to which

Part V appUes, the first adjustments shaU be made no later than the later of, (

i) the day 12 months from the filing or estabUshment of the plan, and (

U) the day after the last adjustment requked to be made by the employer under aU plans to which

Part III appUes; and (

d) if the plan is one to which

Part VI appUes, the first adjustments shaU be made no later than the later of, (

i) the day 12 months from the date of filing or establishment of the plan, and (

U) the day after the last adjustment requked to be made by the employer under the plan to which

Part V appUes, or, if no plan is required imder

Part V, the day after the last adjustment requked to be made by the employer under aU plans to which Parts III and IV apply.

(4) Where an employer under a pay equity plan to which

Part III or IV appUes makes adjustments in rates of compensation over a period of years, the employer, not later than each aimiversary of the fkst adjustments of rates of compensation made under the relevant plan under subsection (3), shaU make further adjustments in rates of compensation untU pay equity is achieved under the plan such that in the 12-month period foUowing the anniversary the compensation payable under the plan shaU be increased by at least, (a) 1% of the employer's payroU for the relevant bargaining unit for the 12-month period preceding the anniversary if

Part III appUes to the plan; and (b) 1% of the employer's payroU for employees who are not in a bargaining imit for the 12-month period preceding the anniversary if

Part IV appUes of the plan, unless the remaining amount payable in relation to the relevant

Bargaining plan is less than 1% of the relevant payroU, m which case the adjustments shaU equal the amoimt requked to achieve pay equity under the plan.

(5) Where pay equity has been achieved imder a pay equity plan to which

Part III or IV appUes but has not been achieved under one or more other plans to which either of those Parts apply, adjustments in rates of compensation for the other plan plans shall be increased such that the amounts payable by the employer under aU plans shaU be at least equal to the amoimt that would have been payable had pay equity not been achieved under any plan.

(6) Where an employer under a pay equity plan to which

Part V or VI appUes makes adjustments in rates of compensation over a period of years, the employer, not later than each anniversary of the first adjustments to rates of compensation made under the relevant plan under subsection (3), shaU make further adjustments in rates of compensation untU pay equity is achieved under the plan such that in the 12-month period foUowing the anniversary, the compensation payable under the plan shaU be increased by at least 1% of the employer's payroU for aU its employees for the 12- month period preceding the anniversary, unless the remaining amount payable in relation to the relevant plan is less than such 1%, in which case the adjustments shaU equal the amount required to achieve pay equity under the relevant plan.

(7) Where the Agency extends the time Umit for the fiUng of a pay equity plan or for the making of the fkst adjustments in rates of compensation under a pay equity plan, retroactive adjustments shaU be made in rates of compensation under aU pay equity plans of the employer to reflect the compensation that would have been payable had the extension not been granted.

(8) Except as provided m subsections (3) and (7), nothmg in this Part requkes an employer to increase compensation payable under pay equity plans during a 12-month peri(Kl m an amount greater than 1% of the employer's payroU for aU employees during the precedmg 12-month period.

(9) In this section, "payroU" means the total of aU compensation payable to the employees of the employer described m the relevant provision.

PART III BARGAINING UNIT PAY EQUITY PLANS 12(1) Notwithstandmg any other Act, each employer and each bargakung agent for the employees of the employer shaU negotiate

m good faith and endeavour to agree on a pay equity plan to provide for pay equity m predommantly female group of jobs m the bargaining unit represented by the bargaining agent in relation to predominantly male group of jobs in the bargaining unit.

(2) A pay equity plan under subsection (1) shaU be m writmg and shaU be executed by the employer and the bargaining agent.

(3) Forthwith after the execution of a pay equity plan, the employer shaU file a copy of the plan with the Agency. 13(1) If the employer and the bargaining agent faU to agree on a pay equity plan as provided m

section 12 within 90 days from the effective date, either party may refer the matter to arbitration by giving notice to the Minister that the parties have been unable to agree on the terms of the plan.

(2) Within 10 days after receiving a notice under subsection (1), the Minister shaU appoint a person to act as a single arbitrator and the arbitrator, within 90 days, shaU examine into and decide on aU matters that are in dispute in order to conclude a pay equity plan.

(3) Within 10 days of the date of the arbitrator's decision, the employer and the bargaining agent shaU prepare and execute a document giving effect to the decision and to any agrement between the employer and the bargaining agent.

(4) The document referred to in subsection (3) constitutes a pay equity plan when executed and the employer shaU forthwith after its execution fUe a copy of the document with the Agency.

(5) If the employer and the bargainmg agent faU to comply with subsection (3) within the period referred to m that subsection, the employer shall forthwith notify the arbitrator of the faUure.

(6) Nothing m subsection (5) prevents a bargaining agent from notifymg the arbitrator of a faUure to comply with subsection (3).

(7) If the arbitrator receives notice of a faUure to comply with subsection (3), the arbitrator shaU prepare a document givmg effect to the decision and any agreement between the employer and the bargainmg agent, and the arbitrator shaU submit the document to the employer and the bargakung agent for execution.

(8) The document referred to m subsection (7) constitutes a pay equity plan when executed and the employer shaU forthwith after its execution file a copy of the plan with the Agency.

(9) If the document referred to in subsection (7) is not executed by both the employer and the bargainmg agent with 10 days from the date of its submission to them, the document shaU constitute a pay equity plan as though it has been signed by both and a copy of the plan shaU be fUed, forthwith by the arbitrator with the Agency.

(10) If m the Minister's opinion the arbitrator has faUed to enter into or carry out his or her duties so as to enable Uie arbUrator to render a decision within 90 days from the time of the arbitrator's appointment, the Minister may dismiss the arbitrator and appoint another person as a single arbitrator or Uie Minister may requke the Agency to establish the pay equity plan.

(11) Arbitrators shaU be paid such remuneration and receive such reimbursement for expenses incurred as is authorized by die Lieutenant Governor in Council, providing that money has been appropriated to that purpose by the Legislature.

(12) An arbitrator has power, (

a) to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence on oath, in the same manner as a court of record in civU cases; (

b) to administer oaths; (

c) to accept such oral or written evidence as the arbitrator in his or her discretion considers proper, whether admissible in a court of law or not; (

d) to enter any premises where work is being done or has been done by the employees or in which the employer carries on business or where anything is taking place or has taken place concerning any of the differences submitted to him or her, and inspect and view any work or thing therein, and question any person respecting any such thing or any of such differences; (

e) to authorize any person to do anythmg that the arbitrator may do under clause (

d) and to report on U to the arbitrator. (13)The Arbitration Act does not apply to arbitrations under this Act. ^^ ^ 10

Employer plans PARTIY NON-BARGAINING UNIT PAY EQUITY PLANS 14(1) Notwithstanding any other Act, each employer, withki 90 days from the effective date, shaU prepare a written plan to provide for pay equity for the predominantly female group of jobs that are not in a bargaining unit in relation to predommantly male group of jobs that are not in a bargaining unit and, forthwith after preparing the plan, the employer shaU file a copy of it with the Agency.

(2) The employer shaU notUy aU employees of the date on which the pay equity plan was filed with the Agency.

(3) Where the employer faUs to comply with subsection (1), any employee of the employer may give notice of such fact to the Agency. PARTV Combined units COMBINED BARGAINING UNIT PAY EQUITY PLANS 15(1) Notwithstanding any other Act, where an employer has employees in more than one bargaining unit, as soon as pay equity plans for aU the bargaining units to which

Part III appUes have been fUed with the Agency or estabUshed by it, the employer and the bargaining agents for the employees of the employer shaU negotiate together in good faith and endeavour to agree upon a pay equity plan to provide for pay equity across aU of the bargaining units.

(2) A pay equity plan under subsection (1) shaU be in writing and shaU be executed by the employer and the bargaining agents.

(3) Forthwith after the execution of a pay equity plan, the employer shaU fUe a copy of the plan with the Agency.

(4) If the employer and the bargakung agents faU to agree on a pay equity plan as provided in subsection (1) within 6 months from the last date to which

Part III appUes was filed with the Agency or estabUshed by it, any party may refer the matter to arbitration by giving notice to the Mmister that the parties have been unable to agree on the terms of a plan.

(5) Section 13 appUes with necessary modifications if a matter is referred to arbitration under subsection (4) except that the period

of 90 days referred m

section 13(2) and (10) shaU be deemed to be 6 months. PARTVI Comprehensive Plans Agency COMPREHENSIVE PAY EQUITY PLANS 16(1) Notwithstanding any other Act, as soon as the pay equity plans to which Parts III and IV apply have been fUed wiUi the Agency or estabUshed by it, the employer within 18 months from the last date on which a plan is filed with the Agency under

Part III or IV or established by it and in consultation with the bargaining agents, if any, for the employees of the employer, shall prepare a written plan to provide for pay equity both aaoss bargaining units and inside and outside the bargainmg units and, forthwith after preparing the plan, the employer shaU file a copy of it with the Agency.

(2) The employer shaU notify aU employees of the date on which the pay equity plan was fUed with the Agency.

(3) Where the employer faUs to comply with subsection (1), any employee of the employer may give notice of such fact to the Agency.

PART VII PAY EQUITY AGENCY 17(1) There is hereby estabUshed an agency to be known as the Pay Equity Agency.

(2) The Agency shaU be composed of a presidmg officer, one or more deputy presiding officers and as many members equal in number representative of employers and employees respectively as the Lieutenant Governor m CouncU considers proper, all of whom shaU be appomted by the Lieutenant Govemor m Council.

(3) The Lieutenant Governor m CouncU shaU designate one of the deputy presiding officers to be alternate presiding officer and the person so designated, m the absence of the presidmg officer or if the presidmg officer is unable to act, shaU have aU of the powers of the presidmg officer.

(4) The members of the Agency who are not officers m the public service of Alberta shaU be paid such remuneration and receive such reknbursement for expenses mcurred as is authorized by the Lieutenant Governor m CouncU, providmg that money has been appropriated to that purpose by the Legislature. 12

(5) Where a member of the Agency resigns, he or she may carry out and complete any duties or responsibiUties and exercise any powers that he or she would have had if he or she had not ceased to be a member, in connection with any matter in respect of which there was any proceeding in which he or she participated as a member of the Agency.

(6) In exercismg its powers under this Act, the Agency may, if appropriate, make use of the services and facUities of a department, board, commission or agency of the Govemment of Alberta.

(7) Officers and employees necessary for the proper conduct of tiie Agency's work may be appointed under the Public Service Act and the Agency may engage under contract the persons, including professionals and experts, that it considers necessary to exercise its powers and to carry out its duties. MaMgementof 18(1) Tho Agcucy may make rules for the conduct and management of its affaks and for the practice and procedure to be observed in matters before it, and may requke that any person seeking a determination of any matter by the Agency shaU give written notice, in such form and maimer as the Agency specifies, to the person that the Agency specifies.

(2) The presiding officer may estabUsh panels of the Agency and it may sit in 2 or more panels simultaneously so long as a quorum of the Agency is present on each panel.

(3) The presidmg officer or a deputy presidmg officer, one member representative of employers and one member representative of employees constitute a quorum and are sufficient for the exercise of all the jurisdiction and powers of the Agency.

(4) The decision of the majority of the members of the Agency present and constitutmg a quorum is the decision of the Agency, but, if there is no majority, the decision of the presidmg officer or deputy officer governs.

(5) Notwithstandmg subsection (4), the presidmg officer, if he or she is of the opmion that it is advisable to do so, may sit alone to hear and determme or may authorize a deputy presidmg officer to sit alone and hear and determme any matter or thing and to exercise aU of the jurisdiction and powers of the Agency.

(6) In exerciskig powers and carrykig out duties conferred on the Agency under

section 19(2)G), (1) and (m),

section 20 or

Part VIII, the Agency shaU hold a hearmg and afford the parties an 13

Powers opportunity to make oral and written submissions to the Agency or k may dispense with a hearing if it permits the parties the opportunity to make such written submissions as the y^gency may direct.

(7) The parties to a proceeding before the Agency are, (

a) the employer; (

b) if

Part VIII appUes, the person or persons making the complaint; and (

c) the bargaining agent, if any, for the employees of the employer; or (

d) if there is no bargaining agent, the employees of die employer.

(8) A notice of a proceeding or other matter before the Agency that is requked to be given to the employees of an employer shall be deemed to have been sufficiently given if it is prominently posed in each place where the employees work or if it is published m a manner that is likely to brmg it to thek attention.

(9) One or more employees may appoint any person or organization to act as thek agent before the Agency. 19(1) The Agency may exercise such powers and shaU perform such duties as are conferred or imposed upon it by or under this Act and, without restricting the generaUty of the foregomg, it may exercise such powers and shaU perform such duties as are or may be necessary to permit it to determine that pay equity plans comply with the mtent and purpose of this Act and are implemented in accordance with this Act.

(2) Without Umitmg the generaUty of subsection (1), the Agency has power, (

a) to summon and enforce the attendance of witnesses and compel them to give oral or wrkten evidence on oath; (

b) to requke the production of such documents, records, reports or thmgs as the Agency considers necessary to permit k to investigate and consider any matter within its jurisdiction; (

c) to administer oaths; (

d) to accept such oral or written evidence as it m its discretion considers proper, whether admissible m a court of 14

law or not; (

e) to reqmre an employer to give any notices that the Agency considers necessary to provide notice of proceedings before the Agency or any dkection or orders made by it; (

f) to enter any premises where work is bemg done or has been done or m which the employer carries on busmess or where anything is taking place or has taken plan concenung any matter in relation to which the Agency has jurisdiction, and inspect and view any work or thing therein, and question any person respecting any such thing or any such matter; (

g) to monitor the implementation of every pay equity plan and compUance with the Agency's dkections and orders and this Act; (

h) to authorize any person to do anything that the Agency may do under clauses (

a) to (

g) and to report to the Agency thereon; (

i) to authorize the presiding officer or a deputy presiding officer to inquke into any appUcation, request, complaint, matter or thing within the jurisdiction of the Agency, or any part of any of them, and to report to the Agency thereon; (

j) to make such orders as are necessary to ensure that a pay equity plan is implemented and that there is compUance with its dkections and orders; (

k) to recommend to the Lieutenant Governor in CouncU that a group of jobs be designated as predominantly female group of jobs or as a predominantly male group of jobs and in msiking such a recommendation, the Agency shaU consider such criteria, including historical trends, as it considers relevant; (1) to approve, on the appUcation of an employer, the designation by the employer of a group of jobs as a predominantly female group of jobs or as a predominantly male group of jobs for the purposes of a pay equity plan to which

Part IV or VI applies; and (m)to extend any tkne Iknit mentioned ki this Act notwithstandmg that the time Umit has expired.

(3) Where, with respect to a particular pay equity plan, the Agency exercises its powers under subsection (2)(b), the Agency shaU aUow reasonable access by any person to the mformation

Reviews plans Order filed received by it.

(4) The Agency may impose conditions, includmg tune limits, in respect of its orders and dkections.

(5) The Agency may conduct research and produce papers related to pay equity and related subjects and conduct pubUc education programs related to pay equity and related subjects. 20(1) The Agency shaU review every pay equity plan filed with it, and, (

a) if the Agency decides that the plan compUes with the intent and purposes of this Act, it shaU advise the parties of its decision; or (

b) if the Agency decides that the plan does not comply with the intent and purposes of this Act, it may dkect such amendments as are necessary to achieve such compUance.

(2) If a dkection is given under subsection (l)(b), the Agency shaU aUow the employer and, if the plan is one to which

Part IU or V applies, the bargaining agent 30 days to make such amendments to the pay equity plan as are necessary to give effect to the direction, and the amendments shaU be fUed by the employer with the Agency forthwith upon the amendments being made.

(3) If the Agency decides that a pay equity plan together with the amendments filed under subsection (2) compUes with the intent and purposes of this Act, k shaU advise the parties of its decision.

(4) If the employer faUs to fUe a pay equity plan as requked by Part rv or VI or faUs to fUe an amended pay equity plan as requked by subsection (2) or the Mmister refers a matter to it under

section 13 or the Agency is of the opmion that an amended pay equity plan does not comply with the mtent and purposes of this Act, the Agency may by order estabUsh or amend a pay equity plan, as may be appropriate. 21(1) A copy of an order or dkection of the Agency certified as correct by a member of the Agency may be filed by the Agency m the office of the Registrar of the Court of Queen's Bench.

(2) When a copy has been filed under subsection (1), the order or dkection may be enforced by an appUcation for such order as the court may consider just.

(3) An appUcation under subsection (2) may be made by the IK

Jurisdiction Information privileges Annual report Complaints procedure Agency, or by any person who could have been a part to the proceeding in which the order or dkection was made. 22(1) The Agency has exclusive jurisdiction to exercise the powers conferred upon k by or under this Act and to determme aU questions of fact or law that arise m any matter before k and the action or decision of the Agency thereon is final and conclusive for aU purposes.

(2) The Agency may, at any tkne, if k considers k advisable to do so, reconsider any decision, order, dkection, declaration or ruling made by it and vary or revoke it. 23 Except with the consent of the Agency, no member of the Agency, nor any of its officers or employees nor any other person whose services have been contracted for by the Agency, shaU be requked to give testimony in any civU proceeding or in any proceeding before the Agency or any other tribunal respecting information obtained in the discharge of their duties or whUe acting within the scope of thek employment under this Act. 24 The Agency shiJl make an aimual report of its activities and affaks to the Minister not later than the 30th day of June in each year and the Minister shaU table the report before the Assembly if it is sitting or, if not, within 15 days of the commencement of the next sitting.

PART VIII COMPLAINTS 25(1) After the filmg of a pay equity plan with the Agency, any employee or employees bound by the plan, or thek bargaining agent, if any, may fUe a complamt with the Agency, complaining that, (

a) the job comparison or evaluation system contained ki the plan is not gender-neutral or is mappropriate, or both; (

b) the predommantly female group of jobs and the predominantly male groups or any of them have not been properly identified or are inappropriate, or both; (

c) the method of applykig the job comparison or evaluation system is inappropriate; (

d) the job comparison or evaluation system is not being properly appUed; or 17

No subsequent bias Investigation (

e) adjustments to compensation are not bemg made as requked.

(2) No complaints may be fUed with respect to a matter described m subsection (l)(a), (

b) or (

c) more than 90 days after the fding with the Agency or the establishment by it of the pay equity plan to which the complaint relates.

(3) No complaint may be fUed with respect to a matter described in subsection (l)(

d) or (

e) untU the fkst adjustments in compensation are requked to be made under the pay equity plan to which the complaint relates and no such complaint may be made more than, (a) 6 months after the fkst adjustments are requked to be made if subsection (l)(

d) appUes; or (

b) one year after the last adjustments should have been made had the pay equity plan been implemented if subsection (l)(

e) appUes. 26 FoUowing the completion of the compensation adjustments pursuant to all pay equity plans, an employer shaU not engage m gender-biased compensation practices and any employee or employees of the employer may fUe a complaint with the Agency respecting any gender-biased compensation practices that affect pay equity and that are knplemented by the employer after the completion of the compensation adjustments. 27(1) The Agency shail inquke into a complaint under

section 25 or 26 and investigate and determine its subject matter and the Agency may order an employer or bargaining agent to take such action or refrain from such action as in the opmion of the Agency is requked.

(2) The Agency shall make every effort reasonable m the ckcumstances to determine a complaint under

section 25(l)(a), (b), (

c) or (

e) withki 3 months of ks filing and a complamt under

section 25(l)(

d) withm 6 months of ks fiUng.

PART IX Regulations MISCELLANEOUS 28(1) The Lieutenant Governor in CouncU may regulations. make (

a) defimng any word or expression not expressly defined in this Act; IX

(

b) further defining the expression "compensation" or prescribing amounts of benefits, or classes of amounts or benefits, which shaU be deemed to be compensation for the purposes of this Act; (

c) further defming the expression "group of jobs" or prescribing positions that shaU be deemed to form a group of jobs for the purposes of this Act; (

d) prescribing criteria for determining whether a temporary labour shortage exists; (

e) providing for the requiske features of a gender-neutral job comparison or evaluation system; (

f) designating, on the recommendation of the Agency, any group of jobs as a predominantly female group of jobs or as a predominantly male group of jobs.

(2) A regulation made under subsection (1) may, if it so provides, be made retroactive to a day not earUer than the effective date. Commencement 29 TWs Act comcs iuto forcc OU Proclamation which shaU not be earUer than the effective date of an appropriation of money to the purposes of this Act by the Legislature. 19 Title: 1990 (22nd 2nd) Bill 231, Public Service Pay Equity Act