Federal Pay Equity Commissioner May Now Impose Monetary Penalties for Violations of the Pay Equity Act

Recent amendments to the federal Pay Equity Act (PEA) regulations establish a framework for the imposition of administrative monetary penalties (AMPs) for violations of the PEA. This is a significant development that may result in an employer being penalized if it fails to comply with its obligations, including the requirement to establish a pay equity…

Update on Federal Pay Equity Plan Posting Extension Requests

As discussed in our March 11, 2024 Human Resources Legislative Update, federally regulated employers are required to post their final pay equity plans and notices of pay increases by September 3, 2024. An employer may file a request for authorization to extend this posting deadline, and guidance documents related to this authorization process are available…

Federal Government Publishes Draft Amendments to Pay Equity Regulations

The federal government recently published proposed regulations which would amend the Pay Equity Regulations (Regulations) made under the federal Pay Equity Act (Act). The Act addresses systemic gender discrimination in compensation practices and pay systems as well as the portion of the wage gap attributable to the undervaluation of work traditionally done by women. The…

Federal Pay Equity Commissioner Denies Application by the Treasury Board of Canada Secretariat to Establish Multiple Plans

On June 22, 2023, the Interim Pay Equity Commissioner (Commissioner) denied a request by the Treasury Board of Canada Secretariat, on behalf of the Treasury Board as employer (TBS), for authorization to establish three pay equity plans for employees in the core public administration (CPA). The establishment of multiple plans is an exception to the…

Update on Medical and Personal Leaves under the Canada Labour Code, Upcoming Deadlines under the Accessible Canada Act, and More

In this Federal Post, we discuss the practical challenges confronting federal employers when implementing the new medical and personal leaves under the Canada Labour Code. We also look at upcoming compliance deadlines under the Accessible Canada Act regulations and the federal Pay Equity Act.

CHRT Seeks Feedback on Draft Rules and Forms Regarding Pay Equity

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…

Beyond COVID-19: 2021 Year in Review – Cases and Legislation of Note

Employers and human resource professionals will undoubtedly remember 2021 as another year shaped by the pandemic. But … there were also legal developments in 2021 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest.

Appellate Court Confirms that Employers are not Obligated to Negotiate with Unions in Maintaining Pay Equity

On September 21, 2021, the Ontario Divisional Court issued Ontario Nurses’ Association v. 10 Community Care Access Centres, an important decision on pay equity maintenance. The Court confirmed that a union, in the context of seeking a joint process with an employer to maintain pay equity, does not have a right to negotiate the maintenance…