Bill 216 (Legislature 22, Session 1)

L22 S1 2865

Alberta — Bills

1989 BILL 216 Fkst Session, 22nd Legislature, 38 Elizabedi II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 216 PUBLIC SERVICE PAY EQUITY ACT MRS. GAGNON Fkst Reading Second Reading , Committee of the Whole Thkd Reading Royal Assent

Bill 216 Mrs. Gagnon BILL 216 1989 PUBLIC SERVICE PAY EQUITY ACT (Assented to ,1989) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: PARTI

INTERPRETATION AND APPLICATION 1(1) In dlis Act, (a) "Agency" means the Pay Equity Agency established by this Act; (b) "bargaining agent" has the meaning given to it in the Labour Relations Act; (c) "collective 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 as certainable amount; (e) "effective date" means die day

Part II comes mto force;

(f) "employee" means, (

i) an employee as defined m the Public Service Act, (

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

i) a grade or rank of jobs widiin a group of jobs diat 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; (j) "job rate" means the highest rate of compensation for a job level; (k) "Minister" means die Minister of Labour or such other member of the Executive Council to whom the administration 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 applies, a group of jobs that the employer and die bargaining agent or agents agree to designate as a predominantiy female group of jobs, (Ui) if

Part IV or VI applies, a group of jobs that the employer, with the Agency's approval, designates as a predominantiy female group of jobs.

(iv) a group of jobs diat is designated by die regulations made under this Act as a predominantiy female group of jobs; (m) "predominantiy male group of jobs" means, (

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

U) if

Part III or V applies, 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 applies, a group of jobs diat die employer, with the Agency's approval, designates as a predominantiy male group of jobs, (iv) a group of jobs that is designated by the regulations made under this Act as a predominantiy male group of jobs; (n) "representative job level in a predominantiy female group of jobs" means the job level in a predominantiy female group of jobs that has the greatest number of employees.

(2) Where a group of jobs is designated as a predominantiy female group of jobs or as a predominantiy male group of jobs, the designation, subject to any order or dkection of the Agency, is binding upon the employer, the employees of the employer and the bargaming 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 shall be deemed to have the greater or greatest number of employees. 2 This Act applies to, (

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

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

(

c) bargainmg agents representmg employees to whom diis Act applies. EARTH Purpose PAY EQUITY: GENERAL 3(1) The purpose of pay equity is to redress systemic gender discrimination in compensation for work performed by employees employed in predominantiy female groups of jobs in the public service of Alberta.

(2) Systemic gender discrimination in compensation shall be identified by undertaking comparisons between the representative job level in a predominantiy female group of jobs and a job level in a predommantiy male group of jobs in terms of relative pay and in terms of the relative value of the work performed.

Equity achieved 4 The criterion to be applied in determining value of work for die purpose of this Act shall be a composite of the skUl, effort and responsibUity normally requked in die performance of the work and the conditions under which it is normally performed. 5(1) For the purposes of this Act, pay equity is achieved when the job rate for the representative job level in a predominantiy female group of jobs is at least equal to die job rate for a job level in any predominantiy 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 predominantiy female group of jobs and job levels in a predominantiy male group of jobs where the work performed in all job levels is of equal or comparable value, pay equity is achieved when the job rate for the representative job level in the predominantiy female group is at least as great as the job rate for the job level in the predominantiy male group with die lowest job rate.

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

Equity plans

(4) For the purposes of diis Act, differences in rates of compensa tion between job levels in predominantiy 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 predominantiy female groups of jobs shaU be established and implemented in accordance with this Act. Content of plan Positions not considered 7 A pay equity plan, (

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

b) shaU identify all predommantiy female groups of jobs and aU predominantiy male groups of jobs; (

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

a) to positions m the predominantiy female groups of jobs and in the predominantiy male groups of jobs; and (

d) shaU provide for the adjustment of the rates of compensa tion in the representative job level in a predominantiy female group of jobs, where necessary, to achieve pay equity and shaU provide that were such adjustments are reqiured to be made, aU job levels in the same predominantiy female group of jobs as the representative job level shaU receive the same percentage adjustment of thek rates of compensation when the plan is fully implemented. 8(1) A position that the employer, acting in good faith, desig nates as, (

a) a temporary training position; (

b) a student position; (

c) a rehabiUtation position; (

d) a casual position; or (

e) a position for which tiiere is a temporary labour shortage.

No reduction for equity Plan binds Implementation or a position that the Agency designates for the purposes of diis

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

(2) A position shall 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 die normal work period that appUes to similar fuU-time work; (

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

c) the work is performed on a regular and continukig basis, although for less than 1/3 of the normal work period diat applies for similar full-time 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 all amendments to it tiiat the Agency dkects or orders are binding upon the employer, the employees in the positions to which the pay equity plan appUes and the bargain ing agent, if any, of the employees.

(2) A pay equity plan prevails over die provisions of aU relevant collective agreements and the adjustments to rates of compensation requked by die plan, from the date die plan is filed by the employer widi the Agency or established by it, shaU be deemed to be incorporated into and form part of the relevant collective agree ments, if any, and of ensuing collective agreements, if any, entered into during the implementation period and the relevant collective agreements shall be amended accordingly. (3) Subsection (2) applies with necessary modifications to amendments to a pay equity plan dkected or ordered by the Agency. 11(1) As soon as a pay equity plan has been 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, die Agency dkects or orders any amendments to it, the amendments shall be deemed to be incorporated into and form part of the plan.

(3) An employer shall begin making adjustments to rates of compensation under a pay equity plan as soon as possible after the plan is filed widi the Agency or established by it and, (

a) if the plan is one to which

Part III applies, the first adjustments, (

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

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

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

b) if the plan is one to which

Part IV applies, the first adjustments, (

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

U) shaU be such that compensation payable during the 12-mondi period foUowmg the first adjustments shall be increased by not less than 1% of the employer's payroU for employees who are not in a bargainmg 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 applies, the first adjustinents shall be made no later dian the later of, (

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

(

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

Part in appUes; and (

d) if die plan is one to which

Part VI applies, the fkst adjustments shall be made no later dian the later of, (

i) die day 12 mondis from the date of filmg or estab lishment of the plan, and (

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

Part V applies, or, if no plan is requked under

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

(4) Where an employer under a pay equity plan to which Part EI or IV applies makes adjustments in rates of compensation over a period of years, the employer, not later than each anniversary of the fkst adjustments of rates of compensation made under the relevant plan under subsection (3), shall make further adjustments in rates of compensation until pay equity is achieved under the plan such that in the 12-month period following the anniversary the compensation payable under the plan shall be increased by at least, (a) 1% of the employer's payroU for the relevant bargaining unit for the 12-month period preceding die anniversary if

Part III appUes to die plan; and (b) 1% of the employer's payroU for employees who are not in a bargaining unit 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 plan is less than 1% of the relevant payroll, in which case the adjust ments shaU equal the amount requked to achieve pay equity under die plan.

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

Part III or IV applies but has not been achieved under one or more other plans to which eidier of diose Parts apply, adjustinents in rates of compensation for the other plan plans shall be increased such diat die amounts payable by die employer under aU plans shaU be at least equal to the amount diat would have been payable had pay equity not been achieved under any plan. 8

Bargaining

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

Part V or VI applies makes adjustinents in rates of compensation over a period of years, the employer, not later than each anniversary of the fkst adjustments to rates of compensation made under the relevant plan under subsection (3), shall make further adjustments in rates of compensation until pay equity is achieved under the plan such that in the 12-month period following the anniversary, the compensation payable under the plan shaU be mcreased by at least 1% of the employer's payroll for all its employees for die 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 shall equal the amount requked to achieve pay equity under the relevant plan.

(7) Where the Agency extends the time limit for die fiUng of a pay equity plan or for the making of the fkst adjustments in rates of compensation under a pay equity plan, reti*oactive adjustments shaU be made in rates of compensation under all 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 in subsections (3) and (7), nothing in diis Part requkes an employer to increase compensation payable under pay equity plans during a 12-month period in an amount greater than 1% of die employer's payroU for aU employees during the preceding 12-month period.

(9) In this section, "payroll" means tiie total of all compensation payable to the employees of the employer described in the relevant provision.

PART in BARGAINING UNIT PAY EQUITY PLANS 12(1) Notwithstanding any odier Act, each employer and each bargaining agent for die employees of the employer shaU negotiate in good faidi and endeavour to agree on a pay equity plan to provide for pay equity m predommantiy female group of jobs in the bargaming unit represented by die bargaining agent in relation to predominantiy male group of jobs in die bargaining unit.

(2) A pay equity plan under subsection (1) shall be m writing and shaU be executed by die employer and die bargainmg agent.

(3) Forthwitii after tiie execution of a pay equity plan, the employer shaU file a copy of the plan with the Agency. 13(1) If the employer and die bargaining agent fail 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 arbikation 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 Mmister shall appoint a person to act as a single arbikator and the arbitrator, withm 90 days, shaU examme into and decide on aU matters diat are in dispute in order to conclude a pay equity plan.

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

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

(5) If die employer and die bargainmg agent fail to comply widi subsection (3) within the period referred to in that subsection, the employer shall forthwith notify the arbikator of the faUure.

(6) Nothing in subsection (5) prevents a bargaining agent from notifying the arbikator of a failure to comply with subsection (3).

(7) If the arbiti"ator receives notice of a failure to comply widi subsection (3), the arbiti^ator shall prepare a document giving effect to the decision and any agreement between die employer and the bargaining agent, and the arbiti-ator shaU submit the document to die employer and die bargaining agent for execution.

(8) The document referred to in subsection (7) constitutes a pay equity plan when executed and the employer shaU forthwith after its execution file a copy of the plan with die Agency. 10

(9) If the document referred to in subsection (7) is not executed by both the employer and the bargaming 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 bodi and a copy of the plan shaU be filed, forthwith by the arbitrator with the Agency.

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

(11) Arbikators shall be paid such remuneration and receive such reimbursement for expenses incurred as is authorized by the Lieutenant Govemor in CouncU, providing that money has been appropriated to that purpose by the Legislature.

(12) An arbiti-ator has power, (

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

b) to administer oadis; (

c) to accept such oral or written evidence as the arbiti"ator 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 die employer carries on business or where anything is taking place or has taken place conceming any of the differences submitted to him or her, and inspect and view any work or thing therem, and question any person respecting any such diing or any of such differences; (

e) to authorize any person to do anythmg that die arbiti"ator may do under clause (

d) and to report on it to die arbikator.

(13) The Arbitration Act does not apply to arbikations under diis Act. 11

PART IV NON-BARGAINING UNIT PAY EQUITY PLANS Employer plans 14(1) Notwithstanding any other Act, each employer, widiin 90 days from die effective date, shall 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 predominantiy male group of jobs that are not in a bargaining unit and, forthwith after preparing the plan, the employer shall file a copy of it with the Agency. Combined units

(2) The employer shall notify all employees of the date on which the pay equity plan was filed with the Agency.

(3) Where die employer fails to comply with subsection (1), any employee of the employer may give notice of such fact to die Agency. PARTV 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 all die bargaining unks to which

Part III applies have been fUed with the Agency or established by it, the employer and die 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) shall 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 file a copy of the plan with the Agency.

(4) If the employer and die bargaming agents fail to agree on a pay equity plan as provided in subsection (1) widiin 6 months from die last date on which a plan to which

Part in applies was filed with the Agency or estabUshed by it, any party may refer the matter to arbiti-ation by giving notice to the Minister that the parties have been unable to agree on the terms of a plan. 12

Comprehensive Plans Agency

(5) Section 13 applies with necessary modifications if a matter is referred to arbikation under subsection (4) except that the period of 90 days referred in

section 13(2) and (10) shaU be deemed to be 6 months. PARTVI COMPREHENSIVE PAY EQUITY PLANS 16(1) Notwithstanding any other Act, as soon as the pay equity plans to which Parts in and IV apply have been filed with the Agency or established 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 estabUshed 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 across bargaining units and inside and outside the bargaining units and inside and outside the bargaining units and, forthwith after preparing the plan, the employer shall file a copy of it with the Agency.

(2) The employer shall notify all employees of the date on which the pay equity plan was filed with the Agency.

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

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

(2) The Agency shall be composed of a presidmg officer, one or more deputy presiding officers and as many members equal m number representative of employers and employees respectively as the Lieutenant Govemor m CouncU considers proper, aU of whom shaU be appomted by the Lieutenant Govemor m Council. 13

(3) The Lieutenant Govemor in Council shaU designate one of die deputy presiding officers to be alternate presiding officer and die person so designated, in the absence of the presiding officer or if die presiding officer is unable to act, shall have all of the powers of die presiding officer.

(4) The members of die Agency who are not officers in die public service of Alberta shall be paid such remuneration and receive such reimbursement for expenses incurred as is authorized by die Lieutenant Govemor in CouncU, providmg that money has been appropriated to that purpose by the Legislature.

(5) Where a member of die 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 exercising its powers under this Act, the Agency may, if appropriate, make use of the services and faciUties of a department, board, commission or agency of the Govemment of Alberta.

(7) Officers and employees necessary for the proper conduct of die 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. A^cy"™°*°^ 18(1) The Agency may make mles for the conduct and manage ment 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 shall give written notice, in such form and manner as the Agency specifies, to the persons that the Agency specifies.

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

(3) The presidmg officer or a deputy presiding officer, one member representative of employers and one member representative of employees constitute a quomm and are sufficient for the exercise of aU the jurisdiction and powers of the Agency. 14

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

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

(6) In exercising powers and carrying out duties conferred on the Agency under

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

section 20 or

Part VIII, the Agency shall hold a hearing and afford the parties an opportu nity to make oral and written submissions to the Agency or it may dispense with a hearing if it permits the parties the opportunity to make such written submissions as die Agency may dkect.

(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) die bargaming agent, if any, for die employees of the employer; or (

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

(8) A notice of a proceedmg or otiier matter before tiie Agency diat is requked to be given to die employees of an employer shall be deemed to have been sufficientiy given if it is prominentiy posed m each place where die employees work or if it is published in a manner that is lUcely to bring it to thek attention.

(9) One or more employees may appoint any person or organiza tion to act as tiiek agent before tiie Agency. 15

19(1) The Agency may exercise such powers and shall perfomi such duties as are conferred or unposed upon it by or under this Act and, widiout restiicting the generaUty of tiie 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 widi the intent and purpose of this Act and are implemented in accordance with this Act.

(2) Without lunitmg the generality of subsection (1), die Agency has power, (

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

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

c) to admmister oadis; (

d) to accept such oral or written evidence as it in its discretion considers proper, whether admissible in a court of law or not; (

e) to requke an employer to give any notices that die 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 in which the employer carries on business or where anything is taking place or has taken place conceming any matter in relation to which the Agency has jurisdiction, and inspect and view any work or diing therein, and question any person respecting any such tiling 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 anydiing tiiat the Agency may do under clauses (

a) to (

g) and to report to the Agency thereon; 16

(

i) to authorize the presiding officer or a deputy presiding officer to inquke into any application, request, complaint, matter or thing widiin 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 diat there is compliance with its dkections and orders; (

k) to recommend to the Lieutenant Govemor in Council that a group of jobs be designated as predommantiy female group of jobs or as a predominantiy male group of jobs and in making such a recommendation, the Agency shall consider such criteria, including historical kends, as it considers relevant; (1) to approve, on the application of an employer, the designation by the employer of a group of jobs as a predominantiy female group of jobs or as a predominantiy male group of jobs for the purposes of a pay equity plan to which

Part IV or VI applies; and (

m) to extend any time limit mentioned in this Act not widistanding diat the tkne Iknk has expked.

(3) Where, witii respect to a particular pay equity plan, the Agency exercises its powers under subsection (2)(b), the Agency shall aUow reasonable access by any person to die information received by it

(4) The Agency may impose conditions, including time 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. Review, plans 20(1) Tho Agcncy shaU review every pay equity plan filed widi it, and, (

a) if die Agency decides diat die plan complies witii die intent and purposes of diis Act, it shall advise die parties of its decision; or (

b) if die Agency decides tiiat die plan does not comply widi the intent and purposes of tiiis Act, it may dkect such amend ments as are necessary to achieve such compliance. 17

Order flled Jurisdiction

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

Part III 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 dkection, and the amendments shaU be filed by die employer with die Agency forthwith upon the amendments being made.

(3) If the Agency decides that a pay equity plan togedier widi die amendments filed under subsection (2) complies widi the intent and purposes of this Act, it shall advise the parties of its decision.

(4) If the employer faUs to file a pay equity plan as required by

Part IV or VI or faUs to fUe an amended pay equity plan as requked by subsection (2) or the Minister refers a matter to it under

section 13 or the Agency is of the opinion that an amended pay equity plan does not comply widi the intent and purposes of this Act, die 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 in the office of the Registrar of the Court of Queen's Bench.

(2) When a copy has been fUed under subsection (1), die 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 die 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 die powers conferred upon it by or under this Act and to determine aU questions of fact or law that arise in any matter before it and the action or decision of the Agency thereon is final and conclusive for aU purposes.

(2) The Agency may, at any time, if U considers U advisable to do so, reconsider any decision, order, dkection, declaration or mling made by it and vary or revoke it. 18

Infonnation privileges 23 Except with the consent of the Agency, no member of the Agency, nor any of its officers or employees nor any odier person whose services have been contracted for by the Agency, shall be requked to give testimony in any civil proceeding or in any proceeding before the Agency or any other tribunal respecting information obtained in the discharge of thek duties or whUe acting within the scope of thek employment under this Act.

Annual report 24 The Agency shall make an annual report of its activities and affaks to die Minister not later than the 30th day of June in each year and die Minister shall table the report before the Assembly if it is sitting or, if not, within 15 days of the commencement of the next sitting. PARTVra COMPLAINTS Complaints procedure 25(1) After die filing of a pay equity plan widi die Agency, any employee or employees bound by the plan, or thek bargaining agent, if any, may file a complaint widi the Agency, complainmg tiiat, (

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

b) die predominantiy female group of jobs and die predominantiy male groups or any of diem have not been properly identified or are inappropriate, or bodi; (

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

d) die job comparison or evaluation system is not being properly applied; or (

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

(2) No complamts may be fUed widi respect to a matter described in subsection (l)(a), (

b) or (

c) more tiian 90 days after die fUmg widi die Agency or die estabUshment by it of die pay equity plan to which the complaint relates. 19

(3) No complaint may be filed widi respect to a matter described in subsection (l)(

d) or (

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

d) appUes; or (

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

e) appUes. No subsequent bias 26 Following the completion of the compensation adjustments pursuant to all pay equity plans, an employer shaU not engage in gender-biased compensation practices and any employee or employees of the employer may file a compUant with the Agency respecting any gender-biased compensation practices that affect pay equity and that are implemented by the employer after the comple tion of the compensation adjustments. Investigation 27(1) The Agency shall inquke into a complaint under

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

(2) The Agency shaU make every effort reasonable in the cir cumstances to determine a complaint under

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

c) or (

e) within 3 months of its filing and a complaint under

section 25(l)(

d) within 6 months of its filing. PARTIX Regulations MISCELLANEOUS 28(1) The Lieutenant Govemor in CouncU may make regulations, (

a) defining any word or expression not expressly defined in this Act; 20

Commencement (

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

c) further defining die expression "group of jobs" or prescribing positions that shall 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 requisite features of a gender-neufral job comparison or evaluation system; (

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

(2) A regulation made under subsection (1) may, if it so provides, be made reti-oactive to a day not earlier than the effective date. 29 This Act comes into force on Proclamation which shall not be earUer than the effective date of an appropriation of money to the purposes of diis Act by die Legislature. 21 Title: 1989 (22nd, 1st) Bill 216, Public Service Pay Equity Act

Document details

Collection	Alberta — Bills
Citation	L22 S1 2865
Type	bill
Volume / chapter	L22 S1 2865
Language	en
Format	json
Source	PROVINCIAL
Identifier	fd41c54723211901dd0e8dc1fd2c64abd1c2a441

Source file is stored in the law ingest library (json).