Get help to resolve a dispute


When a pay equity plan is created or updated, disagreements may arise between employer, bargaining agents and non-unionized employees' representatives.

Recourse mechanisms

In these circumstances, the Pay Equity Act provides for three recourse mechanisms: notices of matters in dispute, notices of objection, and complaints. The process that an individual employee, bargaining agent, non-unionized employee representative, or employer uses to ask for the Commissioner's assistance in resolving an issue depends on who notifies the Commissioner and whether the issue relates to an employer-led or committee-led plan.

Before using any recourse mechanisms

Employer, bargaining agents and non-unionized employees' representatives should first try to resolve the dispute internally. If the issue cannot be resolved internally, a request for information can be submitted to the Office of the Pay Equity Commissioner via the Pay Equity Portal.

Important: All timelines must be followed, regardless of any informal attempts to resolve the dispute.

The role of the Pay Equity Commissioner is to assist in resolving disputes when employer, bargaining agents and non-unionized employees' representatives are unable to on their own. The Pay Equity Commissioner will only decide on a dispute in situations when other efforts have been unsuccessful.

File a notice of matters in dispute for committee-led plans

Notices of matters in dispute can be filed by members of a pay equity committee who are responsible for creating the pay equity plan when they cannot agree on steps leading to the establishment of the plan. These must be filed before the final pay equity plan is posted.

You can file a notice of matters in dispute via the Pay Equity Portal.

File a notice of objection for employer-led plans

Notices of objection can be filed when an employer is solely responsible for creating the pay equity plan and an employee or a bargaining agent objects to its content. Notices of objection must be filed within 60 days after the final pay equity plan is posted.

You can submit your notice of objection by email at: payequity-equitesalariale@chrc-ccdp.gc.ca.

Complain on committee or employer-led plans

Complaints can be filed when there is reason to believe that an employer or a bargaining agent has not fulfilled its obligations and responsibilities under the Pay Equity Act. Depending on the complainant, whether it is an employee, a bargaining agent, or an employer, the grounds for filing a complaint can vary. Complaints cannot address the content of the pay equity plan; such concerns must be resolved through notices of matters in dispute or notices of objection. Complaints must be filed within 60 days of becoming aware of the alleged incident or behaviour.

You can submit your complaint by email at: payequity-equitesalariale@chrc-ccdp.gc.ca.

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