The Pay Equity Act

The Pay Equity Act, C.C.S.M. c. P13 (Assented to July 11, 1985) bilingual version (HTML) Table of Contents Section 1 Definitions 2 General objects and purposes 3 Application of the Act 4 Primacy of the Act PART I PAY EQUITY BUREAU AND OTHER PROVISIONS 5 Pay Equity Bureau, duties and powers of executive director 6 Determination of value, what constitutes compliance 7 Prohibition on wage reductions, limitation on pay equity wage adjustments PART II CIVIL SERVICE 8 Implementation and bargaining 9-11 Repealed 12 Pay Equity Commissioner PART III CROWN ENTITIES AND EXTERNAL AGENCIES 13 Implementation and bargaining 14-16 Repealed 17 Pay Equity Officer 18 Implementation by external agencies PART IV GENERAL 19 Regulations 20 C.C.S.M. reference 21 Coming into force Schedule A External agencies WHEREAS many women in the Manitoba labour force work in traditionally female occupational groups, where their work is undervalued and underpaid; AND WHEREAS Canada's international obligations commit this country to implementing the principle of equal pay for work of equal value; AND WHEREAS section 15 of the Canadian Charter of Rights and Freedoms guarantees individuals equality before and under the law and the right to the equal protection and equal benefit of the law without discrimination; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "bargaining agent" means a bargaining agent as defined in section 1 of The Labour Relations Act ; (« agent négociateur ») "board" means The Manitoba Labour Board continued by subsection 119(1) of The Labour Relations Act ; (« Commission ») "Bureau" means The Pay Equity Bureau established under subsection 5(1); (« Bureau ») "civil service" or "service" means the employees of the government in positions, appointments, or employments, now existing or hereafter created, including the employees of any agency of the government to whom any provision of The Civil Service Act had been declared to apply, pursuant to subsection 2(3) of that Act as that Act read immediately before its repeal, or pursuant to the provisions of any other Act of the Legislature, but excepting thereout (a) persons employed to make or conduct a temporary and special inquiry, investigation or examination, on behalf of the assembly or the government, (b) persons who are patients, residents or inmates in a provincial institution and who help in the work of the institution, and (c) any person paid by fees or hired on a special contractual basis or as an independent contractor; (« fonction publique ») "class" or "class of positions" means a group of positions involving duties and responsibilities so similar that the same or like qualifications may reasonably be required for, and the same schedule or grade of pay can be reasonably applied to, all positions in the group; (« catégorie » ou « catégorie d'emplois ») "Crown entity" means, for the purposes of this Act, any board, commission, association or other body corporate, all the members of which, or all the members of the board of management or board of directors of which, (a) are appointed by an Act of the Legislature or by the Lieutenant Governor in Council, or (b) are elected, directly or indirectly by the government in its capacity as shareholder, or by a corporation which is owned or controlled by the government, or (c) it not so appointed or elected, are, in the discharge of their duties, public officers or servants of the Crown, or, for the purpose of the discharge of their duties are, directly or indirectly, responsible to the Crown, but does not include any board, commission, association or other body, the employees of which are subject to The Civil Service Act as that Act read immediately before its repeal; (« organisme gouvernemental ») "employee representative" means a person elected in accordance with the regulations by persons who are employed by a Crown entity or external agency, and who are employees within the meaning of The Labour Relations Act but who have no bargaining agent; (« représentant des employés ») "executive director" means the executive director of The Pay Equity Bureau, employed pursuant to subsection 5(1); (« directeur général ») "external agency" means (a) any Health Care Facility or successor of a Health Care Facility or Post-Secondary Educational Institution named in Schedule A to this Act, and (b) any other person or organization that receives from the government in any year from and out of the Consolidated Fund, moneys by way of grant or otherwise, equal to 50% or more of the annual revenue of the agency, but does not include the civil service, Crown entities, school boards under The Public Schools Act , municipalities or local government districts, or communities under The Northern Affairs Act ; (« agence extérieure ») "female-dominated class" means (a) a class in which there are 10 or more incumbents, as of the date any public sector employer is required to commence action to implement pay equity, of whom 70% or more are women, (b) in the case of a public sector employer which employs 500 or more employees as of the date referred to in clause (a), such other classes, irrespective of the number of incumbents and gender distribution, as the employer, bargaining agents and employee representatives affected may agree should be considered female-dominated, and (c) in the case of a public sector employer which employs less than 500 employees as of the date referred to in clause (a), such other classes as may be further defined in the regulations; (« catégorie à prédominance féminine ») "male-dominated class" means (a) a class in which there are 10 or more incumbents, as of the date any public sector employer is required to commence action to implement pay equity, of whom 70% or more are men, (b) in the case of a public sector employer which employs 500 or more employees as of the date referred to in clause (a), such other classes, irrespective of the number of incumbents and gender distribution, as the employer, bargaining agents and employee representatives affected may agree should be considered male-dominated, and (c) in the case of a public sector employer which employs less that 500 employees as of the date referred to in clause (a), such other classes as may be further defined in the regulations; (« catégorie à prédominance masculine ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "pay equity" means a compensation practice which is based primarily on the relative value of the work performed, irrespective of the gender of employees, and includes the requirement that no employer shall establish or maintain a difference between the wages paid to male and female employees, employed by that employer, who are performing work of equal or comparable value; (« égalité des salaires ») "Pay Equity Commissioner" means the person designated as such under subsection 12(1); (« commissaire à l'égalité des salaires ») "Pay Equity Officer" means a person designated as such pursuant to subsection 17(1); (« directeur du contrôle de l'égalité des salaires ») "private sector" means, for the purposes of this Act, those employers and employees whose labour relations are within the exclusive jurisdiction of the Legislature to regulate, but does not include the public sector; (« secteur privé ») "public sector" means, for the purposes of this Act, the civil service, Crown entities and external agencies; (« secteur public ») "public sector employer" means the government, a Crown entity or an external agency, as the case may require; (« employeur du secteur public ») "regulations" mean regulations made under this Act; (« règlements ») "wages" means any form of remuneration payable or benefit provided by an employer for work performed by an individual and "wage" or "wage rate" has a corresponding meaning. (« salaires ») S.M. 1993, c. 29, s. 195 ; S.M. 2004, c. 16, s. 43 ; S.M. 2019, c. 5, s. 22 ; S.M. 2021, c. 11, s. 116 . General objects and purposes 2 The objects and purposes of this Act are (a) to establish the principle of pay equity in Manitoba; and (b) to inform employers, employees and bargaining agents, within the public and private sectors, of the principles and practices of pay equity. Application of the Act 3 This Act applies to (a) the Crown in right of Manitoba; and (b) the civil service, every Crown entity and external agency. Primacy of the Act 4(1) Subject to subsection (2), in the event of a conflict between this Act or any regulation made under this Act, and any other Act of the Legislature, or any regulation made thereunder, this Act and the regulation made thereunder shall take precedence. Saving provision for equal pay for equal work 4(2) Nothing in this Act limits or abrogates any obligations of employers or other persons, or any rights to which employees are entitled under section 82 of The Employment Standards Code . S.M. 1998, c. 29, s. 157 . PART I PAY EQUITY BUREAU AND OTHER PROVISIONS Pay Equity Bureau 5(1) The minister shall establish a division within the department of the executive government of the province for which the minister is responsible to be known as The Pay Equity Bureau and a person shall be appointed under The Public Service Act as executive director to manage and carry out the affairs of the Bureau. Duties of the executive director 5(2) The executive director shall, in accordance with the objects and purposes of this Act (a) ensure that persons and organizations to whom this Act applies are provided with information and advice pertaining to its administration and to the implementation of pay equity; (b) monitor the progress of public sector employers in the implementation of pay equity; (c) submit to the minister at least once in every 12 months, a detailed report setting out the progress in the implementation of pay equity; (d) prepare and maintain statistics relating to the implementation of pay equity either alone or in conjunction with the Pay Equity Commissioner, or any other public sector employer; and (e) perform such other duties as may be assigned under this Act or the regulations. Powers of executive director 5(3) The executive director, through the Bureau, may, in accordance with the objects and purposes of this Act (a) provide information to any person concerned with pay equity in the public or private sectors, and provide assistance to employers, employees and bargaining agents in implementing pay equity; (b) carry out studies and research relating to pay equity and make arrangements for their publication; (c) prepare such pamphlets and educational material relating to pay equity as may, in the opinion of the executive director, be desirable, and make arrangements for the dissemination of such materials; (d) encourage, develop and conduct, either alone or in co-operation with organizations concerned with the objects and purposes of this Act, education and information programs relating to pay equity; (e) require from government departments, a Crown entity, external agency, the Pay Equity Commissioner or a Pay Equity Officer, such reports, plans and information in their possession or control as the executive director reasonably believes are or may be necessary to enable the executive director to discharge the duty under clause (2)⁠(b); and the government departments, entity, agency, Commissioner or Officer shall provide the required material to the executive director within such reasonable time as the executive director specifies; and (f) file a complaint with the board if any person fails to provide the material required under clause (e). Tabling of report in the Assembly 5(4) The minister shall table a copy of the report made to the minister under clause (2)⁠(c) in the Assembly, if it is then in session, and if not then in session, within 45 days of the commencement of the next ensuing session thereof. S.M. 2021, c. 11, s. 116 . Determination of value 6(1) In determining value for the purposes of this Act, the criterion to be applied is the composite of the skill, effort and responsibility normally required in the performance of the work and the conditions under which the work is performed. Average and indirect comparisons of value permitted 6(2) Where a public sector employer, in accordance with the procedures for negotiation hereinafter set out, adjusts its compensation practices so that female-dominated classes are assigned a schedule or grade of pay equal to the average or projected average schedule or grade of pay of male-dominated classes performing work of equal or comparable value, the employer shall be deemed to have complied with the obligation to implement pay equity. Wages not to be reduced 7(1) No public sector employer shall reduce the wages of any employee in order to implement pay equity pursuant to this Act. Adjusted wage schedules 7(2) No public sector employer shall place any employee in a lower step of a schedule or grade of pay, which has been adjusted upward in order to implement pay equity. Limitation on pay equity wage adjustments 7(3) Nothing in this Act requires any public sector employer to implement pay equity wage adjustments (a) in any 12 month period, in an amount in excess of 1% of the total payroll of the employer for the immediately preceding 12 month period; and (b) after the employer concerned has made such adjustments during 4 consecutive 12 month periods. PART II CIVIL SERVICE Pay equity in the civil service 8(1) Subject to section 7 and subsection (2), commencing on October 1, 1985, the government shall take such action as may be necessary to implement pay equity throughout the civil service. Negotiation of pay equity 8(2) Throughout the process of implementation of pay equity referred to in subsection (1), the government shall (a) meet and confer with all of the bargaining agents having bargaining rights for employees in the civil service; (b) disclose to the bargaining agents affected, information in the possession or control of the government relevant to the implementation of pay equity; and (c) bargain in good faith with the bargaining agents affected, making every reasonable effort to reach agreement respecting the implementation of pay equity. Obligation of bargaining agents 8(3) All of the bargaining agents referred to in clause 2(a) shall bargain in good faith making every reasonable effort to reach agreement with the government respecting the implementation of pay equity. S.M. 2021, c. 11, s. 116 . 9 to 11 [Repealed] S.M. 2021, c. 11, s. 116 . Designation of Pay Equity Commissioner 12(1) The Lieutenant Governor in Council shall designate the Public Service Commissioner appointed under The Public Service Act as Pay Equity Commissioner. Responsibilities of Pay Equity Commissioner 12(2) The Pay Equity Commissioner shall, in addition to the Commissioner's other responsibilities under The Public Service Act , ensure that pay equity is implemented within the civil service in accordance with this Act, and in particular shall (a) initiate and oversee (i) the negotiations to be undertaken respecting the implementation of pay equity, and (ii) the actions required to be taken by government departments to implement pay equity in accordance with agreements reached with bargaining agents; and (b) assemble and prepare, such reports, plans and information as the Commissioner is required to provide to the executive director under clause 5(3)⁠(e). S.M. 2021, c. 11, s. 116 . PART III CROWN ENTITIES AND EXTERNAL AGENCIES Crown entities, external agencies and pay equity 13(1) Subject to section 7 and subsection (2), commencing on October 1, 1986, every Crown entity and every external agency named in Schedule A to this Act, shall take such action as may be necessary to implement pay equity throughout each such entity or agency. Entities and agencies to negotiate 13(2) Throughout the process of implementation of pay equity referred to in subsection (1), each such entity and agency shall (a) meet and confer with all of the bargaining agents with bargaining rights for employees in the entity or agency and with such employee representatives, if any, as may be elected in accordance with the procedures set out in the regulations; (b) disclose to the bargaining agents and employee representatives affected, information in its possession or control relevant to the implementation of pay equity; and (c) bargain in good faith with the bargaining agents and employee representatives affected, making every reasonable effort to reach agreement respecting the implementation of pay equity. Obligation of bargaining agents 13(3) All of the bargaining agents and employee representatives referred to in clause 2(a) shall bargain in good faith making every reasonable effort to reach agreement with the entity or agency affected respecting the implementation of pay equity. 14 to 16 [Repealed] S.M. 2021, c. 11, s. 116 . Designation of Pay Equity Officer 17(1) The Lieutenant Governor in Council may by regulation under clause 19(d), require any Crown entity or any external agency, after consultation with bargaining agents having bargaining rights for employees of the entity or agency, to designate any member, officer, or other person as a Pay Equity Officer for the entity or agency. Duty of Pay Equity Officer 17(2) The Pay Equity Officer shall, in addition to any other responsibilities of the Officer within the Crown entity or external agency, ensure that pay equity is implemented among all of the employees of the entity or agency in accordance with this Act and the regulations and in particular shall (a) initiate and oversee (i) the negotiations required to be undertaken by the entities or agencies, and (ii) the actions required to be taken by administrators of the entity or agency to implement pay equity in accordance with agreements reached with bargaining agents and employee representatives or orders made by the board; and (b) assemble and prepare, such reports, plans and information as the Officer, entity or agency is required to provide to the executive director under clause 5(3)⁠(e). S.M. 2021, c. 11, s. 116 . Other external agencies to be designated 18(1) The Lieutenant Governor in Council may, from time to time, designate by regulation under clause 19(c), other external agencies which shall take such action as may be necessary to implement pay equity throughout each such agency. Provisions to apply 18(2) All of the provisions of this Act except Part II apply, with the necessary modifications and subject to subsection (3), to every external agency designated in accordance with subsection (1). Times for implementation, etc. 18(3) In the regulation designating an external agency referred to in subsection (1), the Lieutenant Governor in Council shall prescribe the dates (a) when action to implement pay equity must commence; (b) [repealed] S.M. 2021, c. 11, s. 116 ; (c) when a referral to the board may be made by the external agency, a bargaining agent or employee representative affected; and (d) when a referral to the board may be made by the executive director. Matters to be considered in designating agencies 18(4) In designating external agencies under subsection (1) and prescribing dates under subsection (2), the Lieutenant Governor in Council shall have regard to the need for an orderly process of implementation of pay equity, taking into account (a) the number of employees of the agency and the gender distribution of those employees; and (b) such other factors as are, in the opinion of the Lieutenant Governor in Council, relevant. S.M. 2021, c. 11, s. 116 . PART IV GENERAL Regulations 19 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by this section, has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make such regulations and orders not inconsistent with any other provision of this Act (a) further defining what constitutes a "male-dominated", and a "female-dominated" class in accordance with clause (c) of the definitions of those terms; (b) prescribing the content and format of (i) information, plans and reports required to be filed with the Bureau by any public sector employer, and (ii) [repealed] S.M. 2021, c. 11, s. 116 ; (c) designating external agencies under subsection 18(1) and specifying the dates referred to in subsection 18(3); (d) requiring a Crown entity or external agency to designate under subsection 17(1) any member, officer, or other person as a Pay Equity Officer for the entity or agency; (e) prescribing procedures (i) for the election of one or more employee representatives in a Crown entity or external agency, (ii) for the filing of a complaint with the board with respect thereto, and (iii) for the filing of a complaint with the board by the executive director under clause 5(3)⁠(f), and specifying which provisions of The Labour Relations Act shall apply to enable the board to hear and determine any such complaints and to enforce its orders or decisions; and (f) designating 1 or more special panels of the board to hear and determine any matter referred to it under this Act. S.M. 2019, c. 5, s. 22 ; S.M. 2021, c. 11, s. 116 . Reference in Continuing Consolidation 20 This Act may be referred to as chapter P13 of the Continuing Consolidation of the Statutes of Manitoba . Commencement of Act 21 This Act comes into force on the day it receives the royal assent. SCHEDULE A EXTERNAL AGENCIES Health Care Facilities 1. Bethesda Hospital 2. Brandon Hospital 3. Churchill Hospital 4. Concordia Hospital 5. Dauphin Hospital 6. Deer Lodge Hospital 7. Flin Flon Hospital 8. Grace Hospital 9. Health Sciences Centre 10. Manitoba Cancer Foundation, The 11. Misericordia Hospital 12. Morden District Hospital 13. Morris Hospital 14. Portage Hospital 15. Selkirk Hospital 16. Seven Oaks Hospital 17. St. Amant Centre 18. St. Boniface Hospital 19. Steinbach Hospital 20. Swan River Hospital 21. The Pas Hospital 22. Thompson Hospital 23. Victoria Hospital 24. Winkler Bethel Hospital Post-Secondary Educational Institutions 1. Brandon University 2. Université de Saint-Boniface 3. University of Manitoba 4. University of Winnipeg 5. University College of the North S.M. 2004, c. 16, s. 43 ; S.M. 2005, c. 13, s. 16 ; S.M. 2011, c. 16, s. 46 .