2018 Legislative Session: 3rd Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MS. CADIEUX

BILL M 203 – 2018

EQUAL PAY CERTIFICATION ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"accountant" means a person or firm with the designation of Chartered Professional Accountant as specified in the Chartered Professional Accountants Act ;

"certificate" means a certificate issued or renewed under

section 2;

"certified" means certified by the registrar under

section 2;

"public company" has the same meaning as the Business Corporations Act ;

"registrar" means an individual appointed under

section 6 as the Registrar of Equal Pay Certification.

Applying for certification

(1) Subject to this

section and the regulations, a public company must apply to the registrar for the issuance or renewal of a certificate certifying that the public company is in compliance with sections 12 (1) to (4) of the Human Rights Code .

(2) An application under subsection (1) must

(

a) be in the form and manner the registrar requires, and

(

b) include or be accompanied by any information the regulations require.

(3) For the purposes of an application under

section 2 (1) a written assessment by an accountant shall be considered sufficient evidence for certification.

(1) The registrar may issue or renew a certificate referred to in

section 2 (1), in a form satisfactory to the registrar, if the registrar is satisfied that the public company identified in the certificate meets all of the conditions, qualifications and requirements imposed under this Act and the regulations.

(2) The registrar may

(

b) amend or remove a term or condition of a certificate.

(3) A certificate expires at the end of the day specified in the certificate.

Cancellation of or refusal to renew certificate

(1) Subject to the regulations, the registrar may cancel or refuse to renew a certificate

(

a) if the registrar is satisfied that the public company to which the certificate is issued

(

i) ceases to meet any of the conditions, qualifications or requirements imposed under this Act or the regulations, or

(ii) fails to comply with any of the terms, conditions or requirements imposed under this Act or the regulations, or

(

b) in other prescribed circumstances.

(2) The registrar must notify in writing the public company to which a certificate is issued of the registrar’s decision under subsection (1) to cancel or refuse to renew the certificate.

(3) A public company to which a certificate is issued must, on the request of the registrar, surrender the certificate to the registrar.

Publication of certificates

(1) The registrar must make public a list of all public companies subject to

section 2 (1).

(2) A list under subsection (1) must indicate

(

a) if a public company is certified,

(

b) if a public company is not certified, and

(

c) any terms or conditions to a certificate subject to

section 3 (2) (a).

Registrar

(1) The minister must appoint, under the Public Service Act , an individual as the Registrar of Equal Pay Certification.

(2) The registrar has the powers and duties conferred or imposed on the registrar under this Act.

(3) The registrar may delegate, in writing, any power or duty of the registrar under this Act to a person employed in the ministry of the minister.

Reconsiderations of certification decisions

(1) A public company to whom a certificate is issued may request the registrar to reconsider a decision under

section 4 (1) to cancel or refuse to renew the certificate

(

a) within 30 days after receiving notice of the decision, or

(

b) within the period of time the registrar specifies, if the registrar is satisfied that special circumstances existed that precluded the filing of a request for reconsideration within the period of time required under paragraph (

a) of this subsection.

(2) An individual must make the request under subsection (1) in writing and must identify the error the individual believes was made or the other grounds on which a reconsideration is requested.

(3) On receiving a request from an individual under this section, the registrar must

(

a) confirm, vary or cancel the decision under

section 4 (1), and

(

b) notify the individual in writing of the registrar’s decision under paragraph (

a) of this subsection and of the reasons for the decision.

(4) The registrar may conduct a hearing under this

section

(

a) in writing, electronically or orally, or

(

b) by any combination of written, electronic or oral hearings.

Regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

b) respecting the conditions, qualifications and requirements that must be met or continue to be met by a public company for the purposes of the issuance or renewal a certificate;

(

c) for the purposes of

section 2 (2) (b), respecting information or documents that must be included in or accompany an application for the issuance or renewal of a certificate;

(

d) for the purposes of

section 2 (2) (c), prescribing fees;

(

e) for the purposes of

section 4 (1), respecting the process the registrar must follow in cancelling or refusing to renew a certificate;

(

f) for the purposes of

section 4 (1) (c), prescribing circumstances in which the registrar may cancel or refuse to renew a certificate; and

(

g) imposing requirements on public companies respecting the carrying, producing or displaying of a certificate or evidence of certification under this Act.

(3) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:

(

a) delegate a matter to a person;

(

b) confer a discretion on a person;

(

c) make different regulations for different certificates, public companies, accountants or organizations, for different types or classes of certificates or for different classes of public companies, accountants or organizations.

Commencement

9 This Act comes into force one year from the date of Royal Assent.

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c) Queen’s Printer, Victoria, British Columbia, Canada