GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Employment Equity Act — E-5.401 35
Violation 35 (1) Every private sector employer commits a violation of this Act who (a) without reasonable excuse, fails to file an employment equity report as required by section 18; (b) without reasonable excuse, fails to include in the employment equity report any information that is required, by section 18 and the regulations, to be included; or (c) provides any information in the employment equity report that the employer knows to be false or misleading. Continuing violations (2) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. Violations not offences (3) A violation is not an offence and accordingly the Criminal Code does not apply in respect of a violation.
Employment Equity Act — E-5.401 36
Assessment of monetary penalty 36 (1) The Minister may, within two years after the day on which the Minister becomes aware of a violation, issue a notice of assessment of a monetary penalty in respect of the violation and send it by registered mail to the private sector employer. Limit (2) The amount of a monetary penalty shall not exceed (a) $10,000 for a single violation; and (b) $50,000 for repeated or continued violations. Factors to be considered (3) In assessing the amount of a monetary penalty, the Minister shall take into account (a) the nature, circumstances, extent and gravity of the violation; and (b) the wilfulness or intent of the private sector employer and the employer’s history of prior violations.
Employment Equity Act — E-5.401 37
Notice of assessment of monetary penalty 37 A notice of the assessment of a monetary penalty shall (a) identify the alleged violation; (b) specify the amount of the monetary penalty; and (c) specify the place where the employer may pay the monetary penalty.
Employment Equity Act — E-5.401 38
Employer’s options 38 (1) An employer may, not later than thirty days after receiving a notice of assessment of a monetary penalty, (a) comply with the notice; or (b) contest the assessment of the monetary penalty by making a written application to the Minister for a review, by a Tribunal, of that assessment. Copy of application (2) If the Minister receives a written application, the Minister shall send a copy of it to the Chairperson. Copy of notice of assessment (3) If an employer who is issued a notice of assessment of a monetary penalty fails to exercise one of the options set out in subsection (1) within the period referred to in that subsection, the Minister shall send a copy of the notice to the Chairperson. 1995, c. 44, s. 38; 1998, c. 9, s. 40
Employment Equity Act — E-5.401 39
Review by Tribunal 39 (1) On receipt of a copy of a written application or a copy of a notice of assessment, the Chairperson shall establish a Tribunal consisting of one member selected from the Canadian Human Rights Tribunal to review the assessment and shall (a) send, by registered mail, a request that the employer appear before the Tribunal at the time and place set out in the request to hear the allegations against the employer in respect of the alleged violation; and (b) in writing, advise the Minister who issued the notice of assessment of the time and place set out in the request. Failure to appear before Tribunal (2) Where an employer to whom a request is sent fails to appear before a Tribunal at the time and place set out in the request, the Tribunal shall consider all the information that is presented to it by the Minister in relation to the alleged violation. Opportunity to make representations (3) In conducting its review, a Tribunal shall provide the Minister and the employer with a full opportunity consistent with procedural fairness and natural justice to present evidence and make representations to it with respect to the alleged violation. Determination of Tribunal (4) Where at the conclusion of its proceedings a Tribunal determines that the employer (a) has not committed the alleged violation, the Tribunal shall immediately inform the employer and the Minister of its determination and no further proceedings shall be taken against the employer in respect of the alleged violation; or (b) has committed the alleged violation, the Tribunal shall immediately (i) issue to the Minister a certificate, in the prescribed form, of its determination that sets out an amount, not exceeding the applicable amount set out in subsection 36(2), determined by the Tribunal to be payable by the employer in respect of the violation, and (ii) send a copy of the certificate to the employer by registered mail. Factors to be considered (5) In determining an amount under subparagraph (4)(b)(i), a Tribunal shall take into account the factors set out in subsection 36(3). Burden of proof (6) In proceedings under this section, the Minister has the burden of proving, on a balance of probabilities, that an employer has committed the alleged violation. Certificate (7) A certificate that purports to have been issued by a Tribunal under subparagraph (4)(b)(i) is evidence of the facts stated in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate. Determinations are final (8) A determination of a Tribunal under this section is final and, except for judicial review under the Federal Courts Act , is not subject to appeal or review by any court. 1995, c. 44, s. 39; 1998, c. 9, s. 41; 2002, c. 8, s. 182
Employment Equity Act — E-5.401 40
Registration of certificate 40 (1) A certificate issued under subparagraph 39(4)(b)(i) may be registered in the Federal Court and when registered has the same force and effect, and all proceedings may be taken on the certificate, as if the certificate were a judgment in that Court obtained by Her Majesty in right of Canada against the employer named in the certificate for a debt in the amount set out in the certificate. Recovery of costs and charges (2) All reasonable costs and charges associated with registration of the certificate are recoverable in like manner as if they were part of the amount determined by the Tribunal under subparagraph 39(4)(b)(i).
Employment Equity Act — E-5.401 41
Regulations 41 (1) The Governor in Council may make regulations (a) defining, for the purposes of the Act, the expressions “employee”, “hired”, “occupational group”, “promoted”, “salary” and “terminated”; (b) prescribing the manner of calculating the number of employees employed by an employer for the purpose of determining when an employer is considered to employ one hundred or more employees; (c) governing the collection of information and the conduct of analyses referred to in paragraph 9(1)(a) and the conduct of reviews referred to in paragraph 9(1)(b); (d) governing the establishment and maintenance of employment equity records referred to in section 17; (e) prescribing anything that is to be prescribed by this Act; and (f) generally, for carrying out the purposes and provisions of this Act. Application (2) A regulation made pursuant to subsection (1) may be of general application or may apply to a particular employer or group of employers. Where regulations apply to public sector (3) No regulation may be made under subsection (1) that applies to the public sector without prior consultation with the Treasury Board. Inconsistent meanings (4) No expression defined pursuant to paragraph (1)(a) that applies to the public sector shall be given a meaning that is inconsistent with the meaning that that expression or any similar expression is given under the Public Service Employment Act . Adaptation of Act to certain portions (5) The Governor in Council may, taking into account the operational effectiveness of the appropriate portion of the public sector referred to in paragraph (a) or (b), make any regulation that the Governor in Council considers necessary to adapt this Act or the regulations or any provision of this Act or the regulations to accommodate (a) the Canadian Security Intelligence Service; or (b) where an order is made under paragraph 4(1)(d) in relation to the Canadian Forces or the Royal Canadian Mounted Police, the Canadian Forces or the Royal Canadian Mounted Police. Requirements (6) A regulation made under subsection (5) shall be made on the recommendation of the Treasury Board after consultation with (a) in the case of a regulation respecting the Canadian Security Intelligence Service, or the Royal Canadian Mounted Police, the Minister of Public Safety and Emergency Preparedness; and (b) in the case of a regulation respecting the Canadian Forces, the Minister of National Defence. Requirements may differ (7) The effect of a regulation made under subsection (5) with respect to any matter may differ from the effect of the Act or the regulations or of any provision of the Act or the regulations with respect to that matter. 1995, c. 44, s. 41; 2005, c. 10, s. 34
Employment Equity Act — E-5.401 42
Powers, duties and functions of Minister 42 (1) The Minister is responsible for (a) developing and conducting information programs to foster public understanding of this Act and to foster public recognition of the purpose of this Act; (b) undertaking research related to the purpose of this Act; (c) promoting, by any means that the Minister considers appropriate, the purpose of this Act; (d) publishing and disseminating information, issuing guidelines and providing advice to private sector employers and employee representatives regarding the implementation of employment equity; and (e) developing and conducting programs to recognize private sector employers for outstanding achievement in implementing employment equity. Federal Contractors Program (2) The Minister is responsible for the administration of the Federal Contractors Program for Employment Equity. Labour market information (3) The Minister shall make available to employers any relevant labour market information that the Minister has respecting designated groups in the Canadian workforce in order to assist employers in fulfilling their obligations under this Act. 1995, c. 44, s. 42; 2012, c. 19, s. 602
Employment Equity Act — E-5.401 43
Delegation 43 The Minister may authorize those persons employed in the federal public administration whom the Minister considers to be appropriate to exercise any of the powers and perform any of the duties and functions that may be or are required to be exercised or performed by the Minister under this Act or the regulations, and any power exercised or duty or function performed by any person so authorized shall be deemed to have been exercised or performed by the Minister. 1995, c. 44, s. 43; 2003, c. 22, s. 224(E)
Employment Equity Act — E-5.401 44
Review of operation of Act 44 (1) Five years after the coming into force of this Act, and at the end of every five year period thereafter, a comprehensive review of the provisions and operation of this Act including the effect of those provisions shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose. Tabling of report (2) A committee shall, within six months after the completion of a review referred to in subsection (1), submit a report on its review to the House of Commons including a statement of any changes the committee would recommend.
Employment Equity Act — E-5.401 45
Compliance with certain provisions 45 The Treasury Board, the Public Service Commission and any person who is an employer to whom the Employment Equity Act , R.S., c. 23 (2nd Supp.), applied shall, within one year after the coming into force of this section, comply with sections 9 and 10 of this Act.
Employment Equity Act — E-5.401 Coming into force
Coming into force * 55 This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force October 24, 1996, see SI/96-93.]
Employment Equity Act — E-5.401 33
Definition of commencement day 33 (1) In this section, commencement day means the day on which this section comes into force. Members cease to hold office (2) Subject to subsections (3), (4) and (5), the members of the Human Rights Tribunal Panel cease to hold office on the commencement day. Continuing jurisdiction of Human Rights Tribunal (3) The members of any Human Rights Tribunal appointed under the Canadian Human Rights Act before the commencement day have jurisdiction with respect to any inquiry into the complaint in respect of which the Human Rights Tribunal was appointed. Continuing jurisdiction of Review Tribunal (4) The members of any Review Tribunal constituted under the Canadian Human Rights Act before the commencement day have jurisdiction with respect to any appeal against a decision or order of a Human Rights Tribunal. Continuing jurisdiction of Employment Equity Review Tribunal (5) The members of any Employment Equity Review Tribunal established under section 28 or 39 of the Employment Equity Act before the commencement day have jurisdiction over any matter in respect of which the Tribunal was established. Supervision by Chairperson of Canadian Human Rights Tribunal (6) The Chairperson of the Canadian Human Rights Tribunal has supervision over and direction of the work of any Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5). Remuneration (7) Each member of a Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5), other than such a member who is appointed as a full-time member of the Canadian Human Rights Tribunal, shall be paid such remuneration as may be fixed by the Governor in Council. Travel expenses (8) Each member of a Human Rights Tribunal, Review Tribunal or Employment Equity Review Tribunal referred to in subsection (3), (4) or (5) is entitled to be paid travel and living expenses incurred in carrying out duties as a member of that Tribunal while absent from their place of residence, but the expenses must not exceed the maximum limits authorized by Treasury Board directive for employees of the Government of Canada.
Employment Insurance Act — E-5.6
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Employment Insurance Act — E-5.6 1
Short title 1 This Act may be cited as the Employment Insurance Act .
Employment Insurance Act — E-5.6 2
nt as determined from time to time in a year; ( taux de chômage ) regular benefits means benefits payable under Part I and Part VIII, but does not include special benefits or benefits by virtue of section 24 or 25; ( prestations régulières ) special benefits means benefits paid for any reason mentioned in subsection 12(3) or 152.14(1); ( prestations spéciales ) umpire [Repealed, 2012, c. 19, s. 240] week means a period of seven consecutive days beginning on and including Sunday, or any other prescribed period; ( semaine ) year means a calendar year. ( année ) Rates of unemployment produced by Statistics Canada (2) If the use of rates of unemployment produced by Statistics Canada is required under this Act or the regulations, the Commission shall use those most recently produced at the time it is appropriate or necessary for the Commission to make a final determination in respect of those rates or involving their use. Electronic documents and communication (3) A document or other communication under this Act or the regulations may be in electronic form and a reference in this Act or the regulations to a form, record, book, notice, request, demand, decision or any other document includes a document in electronic form. References to claims for benefits (4) In this Act and the regulations, references to claims for benefits include questions arising in relation to those claims, and references to action on a claim include determining questions in favour of or adversely to claimants. Weeks of benefits paid (5) For the purposes of section 145, the Commission may, with the approval of the Governor in Council, make regulations for establishing how many weeks of benefits a claimant was paid, in order to take into account benefit reductions or deductions in the calculation or payment of those benefits. 1996, c. 23, ss. 2, 189; 2000, c. 12, s. 106; 2001, c. 5, s. 1; 2003, c. 15, s. 15; 2005, c. 34, s. 80; 2009, c. 33, s. 2; 2012, c. 19, s. 240; 2013, c. 40, s. 238; 2016, c. 7, s. 207; 2017, c. 20, s. 229 2022, c. 10, s. 387
Employment Insurance Act — E-5.6
affidavit means an affidavit sworn or affirmed before a commissioner of oaths or any other person authorized to take affidavits; ( affidavit )
Employment Insurance Act — E-5.6
benefit period means the period described in sections 9, 10, 152.1 and 152.11; ( période de prestations )
Employment Insurance Act — E-5.6
benefits means unemployment benefits payable under Part I, VII.1 or VIII; ( prestation )
Employment Insurance Act — E-5.6
board of referees [Repealed, 2012, c. 19, s. 240]
Employment Insurance Act — E-5.6
claimant means a person who applies or has applied for benefits under this Act; ( prestataire )
Employment Insurance Act — E-5.6
Commission means the Canada Employment Insurance Commission; ( Commission )
Employment Insurance Act — E-5.6
common-law partner , in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; ( conjoint de fait )
Employment Insurance Act — E-5.6
confirmed delivery service means certified or registered mail or any other delivery service that provides proof of delivery; ( service de messagerie )
Employment Insurance Act — E-5.6
documents includes money, securities, books, records, letters, telegrams, vouchers, invoices, accounts and statements (financial or otherwise); ( documents )
Employment Insurance Act — E-5.6 (a)
dwelling-house means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence and includes (a) a building within the yard of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway, and (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as a residence; ( maison d’habitation )
Employment Insurance Act — E-5.6
employee’s premium means the premium that a person employed in insurable employment is required to pay under section 67; ( cotisation ouvrière )
Employment Insurance Act — E-5.6
employer includes a person who has been an employer and, in respect of remuneration of an individual referred to as sponsor or co-ordinator of a project in paragraph 5(1)(e), it includes that individual; ( employeur )
Employment Insurance Act — E-5.6
employer’s premium means the premium that an employer of an insured person is required to pay under section 68; ( cotisation patronale )
Employment Insurance Act — E-5.6
employment means the act of employing or the state of being employed; ( emploi )
Employment Insurance Act — E-5.6
employment benefits [Repealed, 2022, c. 10, s. 387]
Employment Insurance Act — E-5.6
employment support measure means a measure established under section 59; ( mesure de soutien à l’emploi )
Employment Insurance Act — E-5.6
insurable earnings means the total amount of the earnings, as determined in accordance with Part IV, that an insured person has from insurable employment; ( rémunération assurable )
Employment Insurance Act — E-5.6
insurable employment has the meaning assigned by section 5; ( emploi assurable )
Employment Insurance Act — E-5.6
insured person means a person who is or has been employed in insurable employment; ( assuré )
Employment Insurance Act — E-5.6
interruption of earnings means an interruption that occurs in the earnings of an insured person or a person to whom Part VII.1 applies at any time and in any circumstances determined by the regulations; ( arrêt de rémunération )
Employment Insurance Act — E-5.6
labour dispute means a dispute between employers and employees, or between employees and employees, that is connected with the employment or non-employment, or the terms or conditions of employment, of any persons; ( conflit collectif )
Employment Insurance Act — E-5.6
long-tenured worker [Repealed, 2016, c. 7, s. 207]
Employment Insurance Act — E-5.6
Minister means the Minister of Employment and Social Development, except in Parts IV and VII; ( ministre )
Employment Insurance Act — E-5.6
overpayment of benefits does not include a benefit repayment as described in Part VII; ( versement excédentaire de prestations )
Employment Insurance Act — E-5.6
prescribed means prescribed by the regulations or determined in accordance with rules prescribed by the regulations; ( Version anglaise seulement )
Employment Insurance Act — E-5.6
provincial law means the provisions of any Act of the legislature of a province authorizing, or entitling a person to, the payment of benefits under a plan established by or under that Act; ( loi provinciale )
Employment Insurance Act — E-5.6
rate of unemployment means the rate of unemployment as determined from time to time in a year; ( taux de chômage )
Employment Insurance Act — E-5.6
regular benefits means benefits payable under Part I and Part VIII, but does not include special benefits or benefits by virtue of section 24 or 25; ( prestations régulières )
Employment Insurance Act — E-5.6
special benefits means benefits paid for any reason mentioned in subsection 12(3) or 152.14(1); ( prestations spéciales )
Employment Insurance Act — E-5.6
week means a period of seven consecutive days beginning on and including Sunday, or any other prescribed period; ( semaine )
Employment Insurance Act — E-5.6 3
Commission to assess adjustment 3 (1) The Commission shall monitor and assess the impact and effectiveness, for individuals, communities and the economy, of the benefits and other assistance provided under this Act, including (a) how the benefits and assistance are utilized by employees and employers, and (b) the effect of the benefits and assistance on the obligation of claimants to be available for and to seek employment and on the efforts of employers to maintain a stable workforce. Report (2) The Commission shall report to the Minister on its assessment annually no later than March 31 following the end of a year. The Commission shall make any additional reports at any other times, as the Minister may request. Tabling in Parliament (3) The Minister shall lay each report before Parliament within 30 days after receiving it or, if Parliament is not then sitting, on any of the first 30 days that either House of Parliament is sitting after it is received. Referral to committee (4) Each report shall be referred to such committee of the House of Commons as may be designated or established by the House for that purpose. 1996, c. 23, s. 3; 2001, c. 5, s. 2; 2008, c. 28, s. 124