Yes. In terms of the difference between possession and control, the way that possession is used here, employers must provide information in their possession. This creates an objective standard that allows for employers to assess what material they would be required to provide to the pay equity committee. It would cover, for example, compensation information, benefit information and employee numbers, which they themselves would possess.
Adding the concept of control to the concept of possession would be unnecessary, as there's an argument that the term “possession” includes the concept of control.
As for keeping all materials confidential by the operation of proposed section 24, that section provides important safeguards for employees' personal information as well as employers' business information that is identified by members of the committee. It could include, for example, information about individual performance, bonuses and commission payments.
The confidentiality of that information is really essential to establishing an effective pay equity process so that employers, employees and bargaining agents all feel that they can confidently share information, and that it will not be disclosed or used for other purposes beyond the pay equity exercise.