Bill C-471

3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-471

An Act respecting the implementation of the recommendations of the Pay Equity Task Force and amending another Act in consequence

Whereas the Pay Equity Task Force was established on June 19, 2001 by the Minister of Justice and Attorney General of Canada and by the Minister of Labour to undertake a comprehensive review of the legislation and policies that have been implemented by the Government of Canada in respect of matters relating to pay equity;

And whereas the Pay Equity Task Force prepared a report dated May 5, 2004 that contained a number of recommendations as to how that legislation and those policies could be improved;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Pay Equity Task Force Recommendations Act.

REQUIREMENT

2. (1) The Government of Canada shall implement the recommendations of the Pay Equity Task Force set out in its final report dated May 5, 2004 and entitled Pay Equity: A New Approach to a Fundamental Right, within the time limits set out in subsection (2).

(2) The Government of Canada shall ensure that all statutory oversight agencies are put in place no later than July 1, 2011 and that all the recommendations of the Pay Equity Task Force are implemented no later than July 1, 2012.

CONSEQUENTIAL AMENDMENT

Budget Implementation Act, 2009

3. Sections 394 to 405 of the Budget Implementation Act, 2009 are repealed.

COORDINATING AMENDMENTS

4. (1) In this section, “other Act” means Budget Implementation Act, 2009, chapter 2 of the Statutes of Canada, 2009.

(2) If section 394 of the other Act comes into force before section 3 of this Act, then, on the day on which that section 3 comes into force, the Public Sector Equitable Compensation Act is repealed.

(3) If section 394 of the other Act comes into force on the same day as section 3 of this Act, then that section 394 is deemed to have come into force before that section 3 and subsection (2) applies as a consequence.

(4) If section 399 of the other Act comes into force before section 3 of this Act, then, on the day on which that section 3 comes into force, section 40.2 of the Canadian Human Rights Act is repealed.

(5) If section 399 of the other Act comes into force on the same day as section 3 of this Act, then that section 399 is deemed to have come into force before that section 3 and subsection (4) applies as a consequence.

(6) If section 400 of the other Act comes into force before section 3 of this Act, then, on the day on which that section 3 comes into force, section 13 of the Public Service Labour Relations Act is replaced by the following:

13. The Board’s mandate is to provide adjudication services, mediation services and compensation analysis and research services in accordance with this Act.

(7) If section 400 of the other Act comes into force on the same day as section 3 of this Act, then that section 400 is deemed to have come into force before that section 3 and subsection (6) applies as a consequence.

(8) If section 401 of the other Act comes into force before section 3 of this Act, then, on the day on which that section 3 comes into force, subsection 208(3) of the Public Service Labour Relations Act is replaced by the following:

(3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value.

(9) If section 401 of the other Act comes into force on the same day as section 3 of this Act, then that section 401 is deemed to have come into force before that section 3 and subsection (8) applies as a consequence.

(10) If section 402 of the other Act comes into force before section 3 of this Act, then, on the day on which that section 3 comes into force, subsection 215(5) of the Public Service Labour Relations Act is replaced by the following:

(5) Despite subsection (4), a bargaining agent may not present a group grievance in respect of the right to equal pay for work of equal value.

(11) If section 402 of the other Act comes into force on the same day as section 3 of this Act, then that section 402 is deemed to have come into force before that section 3 and subsection (10) applies as a consequence.

(12) If section 403 of the other Act comes into force before section 3 of this Act, then, on the day on which that section 3 comes into force, subsection 220(3) of the Public Service Labour Relations Act is replaced by the following:

(3) Despite subsection (2), neither the employer nor a bargaining agent may present a policy grievance in respect of the right to equal pay for work of equal value.

(13) If section 403 of the other Act comes into force on the same day as section 3 of this Act, then that section 403 is deemed to have come into force before that section 3 and subsection (12) applies as a consequence.

(14) If section 404 of the other Act comes into force before section 3 of this Act, then, on the day on which that section 3 comes into force, paragraph 226(1)(g) of the Public Service Labour Relations Act is replaced by the following:

(g) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act related to the right to equal pay for work of equal value, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any;

(15) If section 404 of the other Act comes into force on the same day as section 3 of this Act, then that section 404 is deemed to have come into force before that section 3 and subsection (14) applies as a consequence.

(16) If section 405 of the other Act comes into force before section 3 of this Act, then, on the day on which that section 3 comes into force, subsection 251(1) of the Public Service Labour Relations Act is replaced by the following:

251. (1) As soon as possible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on the administration of this Act during the year.

(17) If section 405 of the other Act comes into force on the same day as section 3 of this Act, then that section 405 is deemed to have come into force before that section 3 and subsection (16) applies as a consequence.