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Pay Equity Act

ontario REGULATION 396/93

PROXY METHOD OF COMPARISON

Consolidation Period: From July 31, 2017 to the e-Laws currency date.

Last amendment: O. Reg. 317/17.

This is the English version of a bilingual regulation.

1. (1) In this Regulation,

“child treatment service” means a child treatment service as defined in the Child and Family Services Act; (“service de traitement de l’enfant”)

“children’s treatment centre” means a hospital classified as a Group K hospital in the Schedule to Regulation 964 of the Revised Regulations of Ontario, 1990 made under the Public Hospitals Act that provides services to children; (“centre de traitement pour enfants”)

“community health centre” means an employer,

(a) who provides primary health care services primarily to,

(i) a group or groups of individuals who, because of culture, sex, language, socio-economic factors or geographic isolation, would be unlikely to receive some or all of those services from other sources, or

(ii) a group or groups of individuals who, because of age, sex, socio-economic factors or environmental factors, are more likely to be in need of some or all of those services than other individuals, and

(b) who receives funding from the Ministry of Health in accordance with the number or type of services provided; (“centre de santé communautaire”)

“comprehensive health organization” means an employer,

(a) that is a not-for-profit corporation,

(b) that provides or arranges for the provision of comprehensive health care services for individuals who are enrolled as members of the patient roster of the corporation, and

(c) that receives funding from the Ministry of Health in accordance with the number of individuals on the roster; (“organisme offrant une gamme complète de services de santé”)

“hospital” means a hospital listed in the Schedule to Regulation 964 of the Revised Regulations of Ontario, 1990 made under the Public Hospitals Act, a private hospital operated under the authority of a licence issued under the Private Hospitals Act or a hospital approved by the Lieutenant Governor in Council as a community psychiatric hospital under the Community Psychiatric Hospitals Act; (“hôpital”)

“social services” means,

(a) the making of assessments or diagnoses of psycho-social, behavioural and related problems of individuals or families,

(b) the counselling of individuals, families or groups in relation to psycho-social, behavioural and related problems,

(c) the provision of information and education concerning psycho-social, behavioural and related problems and the making of referrals in relation to those problems,

(d) the provision of education or counselling, or

(e) the provision of crisis intervention services, mental health services, addiction treatment services, rehabilitation services, vocational services or related therapy services. (“services sociaux”)  O. Reg. 396/93, s. 1 (1).

(2) Despite subsection (1), in Column 1 of the Schedule to this Regulation, “hospital” does not include a children’s treatment centre.  O. Reg. 396/93, s. 1 (2).

2. (1) For the purposes of the proxy method of comparison, a seeking employer shall select as the proxy establishment a potential proxy establishment of an employer that is of the type described in Column 2 of the Schedule opposite the description in Column 1 that best describes the seeking employer.  O. Reg. 396/93, s. 2 (1); O. Reg. 317/17, s. 1.

(2) In determining which description in Column 1 of the Schedule best describes a seeking employer, reference shall be made to the principal activity of or service provided by the employer.  O. Reg. 396/93, s. 2 (2); O. Reg. 317/17, s. 1.

(3) If a seeking employer cannot reasonably be considered to fall within any description in Column 1 of the Schedule, the seeking employer shall select as the proxy establishment an establishment of an employer that is a hospital or a municipality.  O. Reg. 396/93, s. 2 (3); O. Reg. 317/17, s. 1.

(4) The seeking employer shall select the same proxy establishment for all female job classes that are covered by the same pay equity plan.  O. Reg. 396/93, s. 2 (4).

(5) The proxy establishment selected shall be,

(a) a proxy establishment whose job classes are located in the same geographic division as the seeking employer’s job classes that they are to be compared with; or

(b) if no selection can be made under clause (a), the proxy establishment whose employer’s principal administrative offices are located the shortest distance from the principal administrative offices of the seeking employer.  O. Reg. 396/93, s. 2 (5).

(6) For purposes of subsection (5), a job class shall be considered to be located in the geographic division in which the majority of the persons occupying positions in the job class are employed.  O. Reg. 396/93, s. 2 (6).

3. A seeking employer may not enter into an agreement with another seeking employer under clause 21.16 (1) (a) of the Act unless the description in Column 1 of the Schedule that best describes the one is also the description that best describes the other.  O. Reg. 396/93, s. 3; O. Reg. 317/17, s. 1.

Schedule

Item

Column 1

Seeking Employer

Column 2

Potential Proxy Employer

1.

Health Care Services — hospital

hospital

2.

Health Care Services — employer providing food services to a hospital

hospital with food services

3.

Health Care Services — employer providing laundry services to hospital

hospital with laundry

4.

Health Care Services — employer providing health and personal support services (including visiting homemakers and home care facilities)

hospital

5.

Health Care Services — employer providing community alcohol and drug dependency program

hospital with psychiatric unit

6.

Health Care Services — employer providing community mental health program

hospital with psychiatric unit

7.

Health Care Services — employer providing placement co-ordination services

hospital

8.

Health Care Services — employer providing mental health or psychiatric services

hospital with psychiatric unit

9.

Health Care Services — employer providing vocational rehabilitation services

hospital providing rehabilitation services

10.

Health Care Services — rehabilitation centre

hospital providing rehabilitation services

11.

Health Care Services — any other employer providing rehabilitation services

hospital providing rehabilitation services

12.

Health Care Services — public health unit

public health unit operated by a regional municipality

13.

Health Care Services — community health centre

public health unit operated by a regional municipality

14.

Health Care Services — comprehensive health organization

hospital

15.

Health Care Services — laboratory or specimen collection centre

hospital with laboratory

16.

Health Care Services — any other employer providing health care services

hospital

17.

Services for Seniors — long-term care home

long-term care home under Part VIII of the Long-Term Care Homes Act, 2007

18.

Services for Seniors — any other employer providing services for seniors

long-term care home under Part VIII of the Long-Term Care Homes Act, 2007

19.

Revoked:  O. Reg. 93/10, s. 1.

20.

Services for People with Disabilities — employer providing services for persons with physical disabilities

hospital

21.

Services for People with Disabilities — employer providing accommodation services for persons with developmental disabilities if the employer is regulated by the Homes for Retarded Persons Act or the Developmental Services Act

hospital

22.

Services for People with Disabilities — association for community living

hospital

23.

Services for People with Disabilities — any other employer providing services for persons with developmental disabilities

hospital

24.

Counselling and Referral Services — sexual assault centre

hospital providing crisis intervention services

25.

Counselling and Referral Services — interval, transition or second stage house or family resource centre

hospital providing crisis intervention services

26.

Counselling and Referral Services — any other employer providing counselling and referral services

hospital providing social or counselling services

27.

Accommodation Services — home for special care

municipality directly providing accommodation services

28.

Accommodation Services — domiciliary hostel

municipality directly providing accommodation services

29.

Accommodation Services — emergency hostel

municipality directly providing accommodation services

30.

Accommodation Services — halfway house

municipality directly providing accommodation services

31.

Accommodation Services — any other employer providing accommodation services

municipality directly providing accommodation services

32.

Services for Children and Families — children’s treatment centre

hospital with paediatric unit

33.

Services for Children and Families — daycare centre or childcare resource centre

municipality operating daycare facility

34.

Services for Children and Families — private home daycare agency

municipality operating daycare facility

35.

Services for Children and Families — early childhood education facility

municipality operating daycare facility

36.

Services for Children and Families — child and family intervention services, child treatment service or child welfare service

hospital providing health services for children

37.

Services for Children and Families — any other employer providing children’s, youth or family intervention services (including child and youth institutions and child and youth residential services if the institution or service is licensed under the Child and Family Services Act)

hospital providing children’s youth or family counselling services

38.

Correctional Services — employer providing non-residential correctional services

municipality directly providing counselling services

39.

Correctional Services — employer providing residential correctional services

municipality directly providing accommodation services

40.

Correctional Services — any other employer providing correctional services

municipality directly providing counselling services

41.

Cultural Organizations — community information centre

municipality

42.

Cultural Organizations — public library

municipality

43.

Cultural Organizations — The Southern Ontario Library Services Board

municipality

44.

Cultural Organizations — The Northern Ontario Library Service Board

municipality

45.

Miscellaneous — community centre

municipality

46.

Miscellaneous — employer providing settlement and integration services for immigrants and refugees

municipality directly providing social services

47.

Miscellaneous — employer providing recreational services

municipality directly providing recreational services

48.

Miscellaneous — community legal clinic

municipality with legal department

49.

Miscellaneous — supervised access centre

hospital providing social services

50.

Miscellaneous — district welfare administration board

municipality

51.

Miscellaneous — centre providing employment and vocational counselling services for adults

municipality directly providing social services

52.

Miscellaneous — youth employment counselling centre

municipality directly providing social services

53.

Miscellaneous — native friendship centre

municipality directly providing social services

54.

Miscellaneous — municipality

municipality

55.

Miscellaneous — school board

school board

O. Reg. 396/93, Sched.; O. Reg. 93/10, s. 1; O. Reg. 317/17, s. 2.

 

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