Agenda

Day One: Wednesday, October 13, 2021

10:15 EDT

45 min

Pay Equity in Context: Challenges, Goals and Impacts

Diversity, inclusion and equal pay may have taken a back seat in the past, but with Covid newly highlighting the plight of women, pay equity is more important than ever. This session will cover

  • Stats and fact on the wage gap
  • Current circumstances and the impact of Covid on male/female inequalities
  • Weaknesses of complaint driven pay equity
  • Pay equity as a tool in creating a diverse and inclusive workplace
  • Understanding the big picture so that every step in the process makes sense

11:00 EDT

45 min
Jackie VanDerMeulen

The Pay Equity Process: Project Management, Timetables and Work Plans

Jackie VanDerMeulen, Partner, Fasken Martineau LLP

  • The pay equity exercise: what’s involved?
  • Considerations in conducting a privileged and confidential pay equity review
  • Allocating time and resources to manage costs and keep the project on track
  • Effective communications
  • Project scheduling
  • Processes, steps, tools and techniques involved in planning and analyzing Pay Equity
  • Why projects are late and/or over budget

11:45 EDT

45 min
Jennifer Hodgins

What You Need to Know about Constituting a Committee: Where, When, Who and How?

Jennifer Hodgins, Norton Rose Fulbright, Canada LLP

  • Requirements for larger and unionized employers
  • When is establishing a committee optional?
  • Who must be represented on the committee?
  • How many women must be on the committee?
  • What about non-unionized employees?
  • Challenges

12:30 EDT

45 min

Break

13:15 EDT

195 min

Hands-on Mock Pay Equity Analysis

Sandra Haydon, Sandra Haydon & Associates

Cynthia MacFarlane, Principal, Mercer

Find out what you can do now for a head start, prior to the Act coming into force.
Then work through a fact situation based on the strict requirements for how employers MUST measure a job’s worth to the organization for purposes of compensation including:

  • Identification of Job Classes Within the Workplace
  • Determining Gender Predominance in Each Class
  • Determining the Value of Work Performed By Each Class: Equal Average Method
  • Determining the Value of Work Performed By Each Class: Equal Line Method

16:30 EDT

End of Day One

Day Two: Thursday, October 14, 2021

10:00 EDT

15 min

Welcome and Opening Remarks from the Chair

11:45 EDT

45 min
Wendy Glaser

Creating and Posting a Plan to Rectify Pay Inequalities

Wendy Glaser, Manager, KPMG

  • Determining which female predominant classes require an increase and when increases are due
  • Deadline for employers to provide increases by day after 3rd anniversary when employer becomes subject to the Act
    • Phase in, notify employees
    • Post draft
    • Employees have 60 days to comment

12:30 EDT

45 min

Break

14:00 EDT

45 min

Government Enforcement – What Can Employers Expect?

  • How can we expect the Pay Equity Act will be enforced?
  • What do we expect the government to be looking at closely?
  • Fines and penalties?
  • Failure to post a plan
  • Fines for every day an organization is in violation?
  • If there is a gap, pay retroactively with interest?

14:45 EDT

15 min

Break

15:00 EDT

60 min
Ian Cullwick

Impact of Pay Equity -- on Just About Everything

Ian Cullwick, Telfer School of Management

  • Change management and communication
  • Analytics and costing
  • Impact on collective bargaining
  • The Pay Equity Plan
  • Impact of pay equity on Human Resources and Compensation Strategy
  • HR governance
  • Risk management

16:00 EDT

30 min

Wrap Up, Takeaways and Next Steps

This is an important, not-to-be-missed opportunity to consolidate learning, ask questions and clarify the most important takeaways, including planning your next steps.

16:30 EDT

End of Day Two

Pre-conference Workshop for Indigenous Organizations: Tuesday, October 12, 2021

13:00 EDT

210 min

Kyle Lambert
Preconference Session

Preconference Session for Indigenous and Other Organizations

Kyle Lambert, Partner, McMillan LLP

Cynthia MacFarlane, Principal, Mercer

PART 1: What Law Applies? Federal OR Provincial Legislation

Instructor: Kyle Lambert, Partner, McMillan LLP

The question of whether federal or provincial law applies to an organization is important, complex and highly fact specific. This session will help you knowledgeably and systematically assess your situation to make this determination.

  • How getting the jurisdictional question “wrong” can lead to costly regulatory violations.
  • How federal and provincial courts decided which  law should apply in the past: Broad versus restrictive approaches
  • How your jurisdiction can be considered, Courts, Tribunals, workplace safety and more.
  • How determining whether First Nations employers are provincially or federally regulated determines statutory obligations under labour standards, occupational health and safety, human rights, labour relations and other legislation
  • Supreme Court of Canada’s decision in NIL/TU,O Child and Family Services Society and the B.C. Government and Service Employees’ Union, et al
  • Presumption that labour relations falls under provincial jurisdiction
  • 2-step test for displacing the presumption
  • Important recent determinations, including inter-provincial trade and telecommunications
  • Nelson v. Lower Stl/Atl’mxTribal Council: Fiduciary duties to give First Nations’ peoples the rights pursuant to the laws of Canada, in this case the right to reinstatement
    • Functions that fall under federal jurisdiction
    • When an employer is located on reserve land and its function is to manufacture products or operate retail businesses, it would be governed by provincial laws
    • Examples of where First Nations operations were found to be federally regulated
    • Examples where First Nations operations are provincially regulated

Part 2:  Differences between the Provincial and Federal Pay Equity Regimes

Instructor: Cynthia MacFarlane, Principal, Mercer

You will leave this session understanding:

  • How the provincial and federal regimes differ and what this will mean to you in practical terms in preparing for and implementing Pay Equity
  • What you have to do for federal requirements
  • What do you have to do under provincial requirements