BILL 4

An Act to Amend the Pay Equity Act, 2009

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Pay Equity Act, 2009, chapter P-5.05 of the Acts of New Brunswick, 2009, is amended

aby repealing the definition “employee” and substituting the following:

“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work. (employé)

bby repealing the definition “employer” and substituting the following:

“employer” means a person who employs one or more employees. (employeur)

2 Section 3 of the Act is repealed and the following is substituted:

3 The purpose of this Act is to implement pay equity.

3 Section 4 of the Act is amended by adding after subsection (2) the following:

4( 3) This Act applies to employees employed outside the Public Service, except for such employees employed by an employer that has less than 10 employees.

4 Section 7 of the Act is repealed and the following is substituted:

7 An employer shall take such action as may be necessary to implement pay equity within each of Parts I, II and III of the Public Service or if the employer is a body corporate listed in Part IV of the Public Service or an employer outside the Public Service, within its organization.

5 Section 8 of the Act is amended

aby adding after subsection (1) the following:

8( 1.1) To implement pay equity, comparisons between female-dominated classifications and male-dominated classifications within an organization that is an employer outside the Public Service in terms of pay and in terms of the value of the work performed shall be undertaken.

bby repealing subsection (2) and substituting the following:

8( 2) For the purpose of making comparisons between female-dominated classifications and male-dominated classifications in accordance with subsection (1) or (1.1), pay calculated on an hourly basis shall be used.

6 The heading “PAY EQUITY PROCESS COMMENCED BEFORE APRIL 1, 2010” preceding section 28 of the Act is repealed and the following is substituted:

PAY EQUITY PROCESS
COMMENCED BEFORE APRIL 1, 2020

7 Section 28 of the Act is amended

aby repealing subsection (1) and substituting the following:

28( 1) An employer who has commenced or completed the pay equity process with an affected bargaining agent before April 1, 2020, shall, at the request of the Director, deliver a report to the Director by the date specified by the Director, describing the process followed by the employer, comparing it to the requirements of this Act that are imposed on the employer with respect to the implementation of pay equity.

bby repealing subsection (4) and substituting the following:

28( 4) If the Director determines that there has been compliance up to the point in the process reached by the employer by April 1, 2020, the Director shall advise the employer and bargaining agent of that determination, and the employer may then continue with its implementation of the pay equity process.

cby repealing subsection (5) and substituting the following:

28( 5) If the Director determines that there has not been compliance up to the point in the process reached by the employer by April 1, 2020, the Director may provide advice to the employer with respect to its achieving compliance, and the employer shall ensure that it is in compliance with the requirements of this Act before proceeding further with its implementation of the pay equity process.

8 This Act comes into force on April 1, 2020.