Human Resources Legislative Update
CHRT Seeks Feedback on Draft Rules and Forms Regarding Pay Equity
Date: March 22, 2022
The Canadian Human Rights Tribunal (CHRT) has published and is seeking comments on its Draft Rules Respecting Pay Equity and accompanying draft forms. Comments are due by May 10, 2022.
Background
On August 31, 2021, the federal government proclaimed in force the Pay Equity Act (Act) and related regulations. The Act applies to federally regulated employers with 10 or more employees, including the federal public and private sectors, Parliamentary workplaces, and the offices of the Prime Minister and Ministers.
The CHRT has two roles under the Act. The Act provides that the Pay Equity Commissioner (Commissioner) can refer an important question of law or jurisdiction to the CHRT to determine. Further, the Act states that an employer, bargaining agent or other affected person may appeal the Commissioner’s decisions or orders to the CHRT.
Draft Rules and Forms
As part of its role under the Act, the CHRT has published Draft Rules which cover administrative and procedural matters such as service and filing, official records, motions, adding interested parties, case management conferences, books of authorities, hearings, timelines for decisions, as well as inquiries into referrals and appeals.
Additionally, the CHRT has published the following draft forms:
- Application for Appeal form (PEA-1)
- Response form (PEA-2)
- Withdrawal form (PEA-3)
- Notice of Referral form (PEA-4)
- Notice of Intention to Participate form (PEA-5)
Stakeholders interested in providing their written comments regarding the Draft Rules and accompanying forms are asked to do so by May 10, 2022 to: CHRTrules-TCDPregles@chrt-tcdp.gc.ca.
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