Share on LinkedInShare on LinkedIn

ARTICLE · 11 APRIL 2024

Recent Federal Pay Equity Decisions Highlight Important Considerations For Deviating From Legislated Requirements

MLT Aikins LLP
MLT Aikins LLP
Contributor
MLT Aikins LLP

MLT Aikins LLP

FIRM OVERVIEW MLT Aikins is a full-service business law firm of more than 375 lawyers with a deep...

View firm profile
Explore more from MLT Aikins LLP

The federal Pay Equity Act (the "Act") requires most Canadian federally regulated workplaces with 10 or more employees to develop and implement a pay equity plan and address any pay equity gaps...

CanadaEmployment and HR
Amy Gibson
Amy Gibson
Sarah Carr
Sarah Carr
Kaitlin Trager
Kaitlin Trager
Author LinkedIn connections

Two recent decisions from the Pay Equity Commissioner (the "Commissioner") address applications from employers to vary requirements for developing pay equity plans.

The federal Pay Equity Act (the "Act") requires most Canadian federally regulated workplaces with 10 or more employees to develop and implement a pay equity plan and address any pay equity gaps in their compensation structure within three years. For most employers, that deadline is September 3, 2024. See our previous blog post on this topic.

Sogetel Inc. (Re), 2024 PEC 3

The Act requires each employer to develop one pay equity plan for its workforce. However, in limited circumstances, the Commissioner may permit an employer to develop multiple pay equity plans for groups of employees. Sogetel Inc. (Re), concerns a request by Sogetel Inc. ("Sogetel") to develop two separate pay equity plans for its employees.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
CanadaEmployment and HR
Siskinds LLP
Siskinds LLP
Article

Silva v. Royal Bank Of Canada: A Cautionary Tale About Terminating For Cause

A financial planner's wrongful dismissal case against RBC resulted in over $2.5 million in damages after the bank filed an inaccurate termination notice that destroyed her career prospects. The Ontario Superior Court found the bank's conduct vindictive and its allegations of cause unproven, raising critical questions about employer obligations when reporting terminations in the investment industry.
CanadaEmployment and HR
Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP
Article

Unsubstantiated Findings In Workplace Investigations: What To Do When You Can’t Decide

When workplace investigators face difficult decisions, many default to marking allegations as "unsubstantiated" to avoid risk. However, this seemingly safe approach carries significant organizational costs, undermines complainant trust, and often stems from insufficient training in credibility assessment and the balance of probabilities standard.
CanadaEmployment and HR
RT Workplace Training & Consulting Inc.
RT Workplace Training & Consulting Inc.
Article

President Trump Announces U.S. Counter-tariffs On Canada: Are They Lawful?

President Trump has invoked Section 338 of the Tariff Act of 1930 to impose new counter-tariffs on Canadian goods including dairy, alcohol, motorcycles, and metal products. The legality of this rarely-used statutory provision remains untested in court, raising questions about presidential tariff authority under the U.S. Constitution. Legal scholars debate whether Section 338 has been superseded by later trade legislation, while the administration argues Canada's retaliatory measures constitute discriminator
GlobalInternational Law
MLT Aikins LLP
MLT Aikins LLP
Article

Amendments Streamline Project List Under Impact Assessment Act

The Government of Canada has amended regulations under the Impact Assessment Act to streamline environmental reviews for major infrastructure projects, particularly interprovincial pipelines. These changes shift regulatory responsibility for certain energy projects to the Canada Energy Regulator while removing other project types from federal review following the Supreme Court's 2024 constitutional ruling.
CanadaEnvironment
MLT Aikins LLP
MLT Aikins LLP
Article

Permit Me To Explain: Bill C-39’s Plan To Build Canada Faster

The Canadian government has introduced Bill C-39, the Building Canada Strong Act, proposing to compress federal project approval timelines from five years to one year through consolidated permitting and streamlined processes. The legislation also modernizes transportation infrastructure through National Trade Corridors and reforms labour relations by strengthening collective bargaining while clarifying ministerial powers to intervene in work stoppages.
CanadaGovernment, Public Sector
MLT Aikins LLP
MLT Aikins LLP
Article

AI Data Centres In Canada: Legal And Regulatory Considerations For Developers And Investors Looking To Build

Developing AI data centres in Canada requires navigating complex corporate structuring, financing arrangements, regulatory approvals, energy supply agreements, real estate considerations, environmental permitting, and stakeholder engagement across multiple jurisdictions. This comprehensive guide examines the legal and regulatory frameworks governing the physical infrastructure side of data centre development, from site selection and power procurement to Indigenous consultation and municipal approvals.
CanadaEnergy and Natural Resources
MLT Aikins LLP
MLT Aikins LLP
Article

Not Beyond Reproach: Alberta Court Confirms Jurisdiction Over Alberta Energy Regulator

The Alberta Court of King's Bench has confirmed its jurisdiction to grant injunctive relief against the Alberta Energy Regulator despite a broadly worded statutory privative clause. This landmark decision, arising from Sumerian Oil & Gas's application to stay a suspension order affecting approximately 900 wells, represents one of the first considerations of the Supreme Court of Canada's recent Democracy Watch ruling and may significantly impact future disputes involving AER orders.
CanadaLitigation, Mediation & Arbitration
MLT Aikins LLP
MLT Aikins LLP