Pay Equity Hearings Tribunal
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     The Act


The Pay Equity Act, R.S.O. 1990, c.P.7, as amended, is available on the Province of Ontario's E-Laws website (


The Act and the Proxy Sections

The E-laws version of the Act does not contain Part III.2 or other sections of the Act describing the proxy method of comparison.

In 1996 the Legislature repealed the proxy provisions of the Act (S.O. 1996, c.1, schedule J, s.1.). The Service Employees International Union challenged the repeal before the Ontario Court on the basis that it contravened sections 15 and 28 of the Charter of Rights and Freedoms. The Court agreed with the Union and ruled that the repeal was unconstitutional and of no force and effect. (SEIU, Local 201 v. Ontario (Attorney-General) (1997), 35 O.R. (3d) 508).

However, while the Court's ruling restored the proxy provisions to full effect, the Legislature has not amended the Act to reintroduce the repealed sections into the statute. Understandably, this situation has caused some confusion. To address this problem, the Tribunal has reproduced the missing provisions for use together with the official version of the Act.

WARNING: This reproduction is provided for your assistance and convenience only. Please refer to the Pay Equity Amendment Act, 1993 (S.O. 1993, c.4) which remains the official version.

Go to Proxy sections


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Last Modified: June 26, 2019