930396 PROXY METHOD OF COMPARISON, O. Reg. 396/93 Ont.

made under Pay Equity Act, R.S.O. 1990, c. P.7 · Current to 2022-06-16 · last amended 2022-04-11

Contents
s. 1

(1) In this Regulation,

s. 1 — child treatment service

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

s. 1 — children’s treatment centre

“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”)

s. 1 — community health centre

“community health centre” means an employer,

s. 1(a)

who provides primary health care services primarily to,

s. 1(a)(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

s. 1(a)(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

s. 1(b)

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

s. 1 — comprehensive health organization

“comprehensive health organization” means an employer,

s. 1(a)

that is a not-for-profit corporation,

s. 1(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

s. 1(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”)

s. 1 — hospital

“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”)

s. 1 — social services

“social services” means,

s. 1(a)

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

s. 1(b)

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

s. 1(c)

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

s. 1(d)

the provision of education or counselling, or

s. 1(e)

the provision of crisis intervention services, mental health services, addiction treatment services, rehabilitation services, vocational services or related therapy services. (“services sociaux”)

s. 1(2)

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

s. 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. ;

s. 2(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. ;

s. 2(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. ;

s. 2(4)

The seeking employer shall select the same proxy establishment for all female job classes that are covered by the same pay equity plan.

s. 2(5)

The proxy establishment selected shall be,

s. 2(5)(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

s. 2(5)(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.

s. 2(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.

s. 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. ;

Schedule 1

Schedule

Table
ItemColumn 1 Seeking EmployerColumn 2 Potential Proxy Employer
1.Health Care Services — hospitalhospital
2.Health Care Services — employer providing food services to a hospitalhospital with food services
3.Health Care Services — employer providing laundry services to hospitalhospital 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 programhospital with psychiatric unit
6.Health Care Services — employer providing community mental health programhospital with psychiatric unit
7.Health Care Services — employer providing placement co-ordination serviceshospital
8.Health Care Services — employer providing mental health or psychiatric serviceshospital with psychiatric unit
9.Health Care Services — employer providing vocational rehabilitation serviceshospital providing rehabilitation services
10.Health Care Services — rehabilitation centrehospital providing rehabilitation services
11.Health Care Services — any other employer providing rehabilitation serviceshospital providing rehabilitation services
12.Health Care Services — public health unitpublic health unit operated by a regional municipality
13.Health Care Services — community health centrepublic health unit operated by a regional municipality
14.Health Care Services — comprehensive health organizationhospital
15.Health Care Services — laboratory or specimen collection centrehospital with laboratory
16.Health Care Services — any other employer providing health care serviceshospital
17.Services for Seniors — long-term care homelong-term care home under Part IX of the Fixing Long-Term Care Act, 2021
18.Services for Seniors — any other employer providing services for seniorslong-term care home under Part IX of the Fixing Long-Term Care Act, 2021
19.Revoked : O. Reg. 93/10, s. 1.
20.Services for People with Disabilities — employer providing services for persons with physical disabilitieshospital
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 Acthospital
22.Services for People with Disabilities — association for community livinghospital
23.Services for People with Disabilities — any other employer providing services for persons with developmental disabilitieshospital
24.Counselling and Referral Services — sexual assault centrehospital providing crisis intervention services
25.Counselling and Referral Services — interval, transition or second stage house or family resource centrehospital providing crisis intervention services
26.Counselling and Referral Services — any other employer providing counselling and referral serviceshospital providing social or counselling services
27.Accommodation Services — home for special caremunicipality directly providing accommodation services
28.Accommodation Services — domiciliary hostelmunicipality directly providing accommodation services
29.Accommodation Services — emergency hostelmunicipality directly providing accommodation services
30.Accommodation Services — halfway housemunicipality directly providing accommodation services
31.Accommodation Services — any other employer providing accommodation servicesmunicipality directly providing accommodation services
32.Services for Children and Families — children’s treatment centrehospital with paediatric unit
33.Services for Children and Families — daycare centre or childcare resource centremunicipality operating daycare facility
34.Services for Children and Families — private home daycare agencymunicipality operating daycare facility
35.Services for Children and Families — early childhood education facilitymunicipality operating daycare facility
36.Services for Children and Families — child and family intervention services, child treatment service or child welfare servicehospital 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 servicesmunicipality directly providing counselling services
39.Correctional Services — employer providing residential correctional servicesmunicipality directly providing accommodation services
40.Correctional Services — any other employer providing correctional servicesmunicipality directly providing counselling services
41.Cultural Organizations — community information centremunicipality
42.Cultural Organizations — public librarymunicipality
43.Cultural Organizations — The Southern Ontario Library Services Boardmunicipality
44.Cultural Organizations — The Northern Ontario Library Service Boardmunicipality
45.Miscellaneous — community centremunicipality
46.Miscellaneous — employer providing settlement and integration services for immigrants and refugeesmunicipality directly providing social services
47.Miscellaneous — employer providing recreational servicesmunicipality directly providing recreational services
48.Miscellaneous — community legal clinicmunicipality with legal department
49.Miscellaneous — supervised access centrehospital providing social services
50.Miscellaneous — district welfare administration boardmunicipality
51.Miscellaneous — centre providing employment and vocational counselling services for adultsmunicipality directly providing social services
52.Miscellaneous — youth employment counselling centremunicipality directly providing social services
53.Miscellaneous — native friendship centremunicipality directly providing social services
54.Miscellaneous — municipalitymunicipality
55.Miscellaneous — school boardschool board