The Pay Equity Act, R.S.O.
1990, c.P.7, as amended, is available on the Province
of Ontario's E-Laws website (www.e-laws.gov.on.ca).
NOTE TO USERS
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In 1996 the Legislature repealed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not amended the Act to reintroduce the repealed sections into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
to Proxy sections