GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Employment Equity Act — E-5.401 9
Analysis and review 9 (1) For the purpose of implementing employment equity, every employer shall (a) collect information and conduct an analysis of the employer’s workforce, in accordance with the regulations, in order to determine the degree of the underrepresentation of persons in designated groups in each occupational group in that workforce; and (b) conduct a review of the employer’s employment systems, policies and practices, in accordance with the regulations, in order to identify employment barriers against persons in designated groups that result from those systems, policies and practices. Self-identification (2) Only those employees who identify themselves to an employer, or agree to be identified by an employer, as Aboriginal peoples, members of visible minorities or persons with disabilities are to be counted as members of those designated groups for the purposes of implementing employment equity. Confidentiality of information (3) Information collected by an employer under paragraph (1)(a) is confidential and shall be used only for the purpose of implementing the employer’s obligations under this Act. 1995, c. 44, s. 9; 2017, c. 26, s. 19(E)
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Employment equity plan 10 (1) The employer shall prepare an employment equity plan that (a) specifies the positive policies and practices that are to be instituted by the employer in the short term for the hiring, training, promotion and retention of persons in designated groups and for the making of reasonable accommodations for those persons, to correct the underrepresentation of those persons identified by the analysis under paragraph 9(1)(a); (b) specifies the measures to be taken by the employer in the short term for the elimination of any employment barriers identified by the review under paragraph 9(1)(b); (c) establishes a timetable for the implementation of the matters referred to in paragraphs (a) and (b); (d) where underrepresentation has been identified by the analysis, establishes short term numerical goals for the hiring and promotion of persons in designated groups in order to increase their representation in each occupational group in the workforce in which underrepresentation has been identified and sets out measures to be taken in each year to meet those goals; (e) sets out the employer’s longer term goals for increasing the representation of persons in designated groups in the employer’s workforce and the employer’s strategy for achieving those goals; and (f) provides for any other matter that may be prescribed. Establishment of numerical goals (2) In establishing the short term numerical goals referred to in paragraph (1)(d), every employer shall consider (a) the degree of underrepresentation of persons in each designated group in each occupational group within the employer’s workforce; (b) the availability of qualified persons in designated groups within the employer’s workforce and in the Canadian workforce; (c) the anticipated growth or reduction of the employer’s workforce during the period in respect of which the numerical goals apply; (d) the anticipated turnover of employees within the employer’s workforce during the period in respect of which the numerical goals apply; and (e) any other factor that may be prescribed. Definitions (3) In this section, “short term” means a period of not less than one year and not more than three years, and “longer term” means a period of more than three years.
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Reasonable progress 11 Every employer shall ensure that its employment equity plan would, if implemented, constitute reasonable progress toward implementing employment equity as required by this Act.
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Implementation and monitoring of plan 12 Every employer shall (a) make all reasonable efforts to implement its employment equity plan; and (b) monitor implementation of its plan on a regular basis to assess whether reasonable progress toward implementing employment equity is being made.
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Periodic review and revision of plan 13 Every employer shall, at least once during the period in respect of which the short term numerical goals referred to in paragraph 10(1)(d) are established, review its employment equity plan and revise it by (a) updating the numerical goals, taking into account the factors referred to in subsection 10(2); and (b) making any other changes that are necessary as a result of an assessment made pursuant to paragraph 12(b) or as a result of changing circumstances.
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Information about employment equity 14 Every employer shall provide information to its employees explaining the purpose of employment equity and shall keep its employees informed about measures the employer has undertaken or is planning to undertake to implement employment equity and the progress the employer has made in implementing employment equity.
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Consultation with employee representatives 15 (1) Every employer shall consult with its employees’ representatives by inviting the representatives to provide their views concerning (a) the assistance that the representatives could provide to the employer to facilitate the implementation of employment equity in its workplace and the communication to its employees of matters relating to employment equity; and (b) the preparation, implementation and revision of the employer’s employment equity plan. Where employees represented by bargaining agents (2) Where employees are represented by a bargaining agent, the bargaining agent shall participate in a consultation under subsection (1). Collaboration (3) Every employer and its employees’ representatives shall collaborate in the preparation, implementation and revision of the employer’s employment equity plan. Rule of interpretation (4) Consultation under subsection (1) and collaboration under subsection (3) are not forms of co-management.
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New employers 16 (1) A person who becomes an employer after the day on which this section comes into force shall, within eighteen months after becoming an employer, comply with sections 9 and 10. Compliance audit (2) The Commission may not conduct a compliance audit of the discharge of the obligations of a person referred to in subsection (1) within two years after the day on which that person becomes an employer.
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Employment equity records 17 Every employer shall, in accordance with the regulations, establish and maintain employment equity records in respect of the employer’s workforce, the employer’s employment equity plan and the implementation of employment equity by the employer.
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Availability of reports of private sector employers 19 (1) Subject to subsection (2), every report filed under subsection 18(1) shall be available for public inspection at such places as may be designated, and in such form as may be determined, by the Minister, and any person may, on payment of a prescribed fee, not to exceed the costs of furnishing a copy, obtain from the Minister a copy of any of the reports. Withholding of report (2) The Minister may, on the application of an employer, withhold the employer’s report from public inspection for a period not exceeding one year if, in the opinion of the Minister, special circumstances warrant the withholding.
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Consolidation to be tabled 20 The Minister shall in each year prepare a report consisting of a consolidation of the reports filed under subsection 18(1) together with an analysis of those reports and shall cause the report to be laid before each House of Parliament not later than the fifteenth sitting day that that House of Parliament is sitting after the report is completed.
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is of the information referred to in paragraphs (a) to (d); and (f) the information referred to in paragraphs (2)(b) to (d) in relation to that portion. Copy to Commission (7) The President of the Treasury Board shall, as soon as possible after a report referred to in any of subsections (1), (3) and (5) is laid before each House of Parliament, send a copy of the report to the Commission. Copies to employees’ representatives (8) As soon as possible after a report referred to in this section is laid before each House of Parliament, (a) in the case of a report referred to in subsection (1), the President of the Treasury Board, (b) in the case of a report referred to in subsection (3), each portion of the public sector referred to in that subsection, and (c) in the case of a report referred to in subsection (5), the Canadian Security Intelligence Service, shall send a copy of the report to its employees’ representatives. 1995, c. 44, s. 21; 2003, c. 22, s. 165
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Compliance audits 22 (1) The Commission is responsible for the enforcement of the obligations imposed on employers by sections 5, 9 to 15 and 17. Guiding policy (2) The Commission shall, in discharging its responsibility under subsection (1), be guided by the policy that, wherever possible, cases of non-compliance be resolved through persuasion and the negotiation of written undertakings pursuant to subsection 25(1) and that directions be issued under subsection 25(2) or (3) and applications for orders be made under subsection 27(2) only as a last resort. Compliance officers designated (3) The Commission may designate any person or category of persons as employment equity compliance review officers for the purposes of conducting compliance audits of employers. Where compliance officer may not act (4) No person who has been designated as an investigator under section 43 of the Canadian Human Rights Act to investigate a complaint under that Act in respect of an employer may, during the investigation, conduct a compliance audit of that employer. Delegation by Commission (5) The Commission may authorize any officer or employee of the Commission whom the Commission considers appropriate to exercise any power and perform any duty or function of the Commission under this Act and any power so exercised and any duty or function so performed shall be deemed to have been exercised or performed by the Commission.
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Powers of compliance officers 23 (1) For the purposes of ensuring compliance with the provisions referred to in subsection 22(1), a compliance officer may conduct a compliance audit of an employer and, for that purpose, may (a) at any reasonable time, enter any place in which the officer believes on reasonable grounds there is any thing relevant to the enforcement of any of those provisions; and (b) require any person to produce for examination or copying any record, book of account or other document that the officer believes on reasonable grounds contains information that is relevant to the enforcement of any of those provisions. Data processing systems and copying equipment (2) In conducting a compliance audit, a compliance officer may (a) reproduce or cause to be reproduced any record from a data processing system in the form of a print-out or other intelligible output and remove the print-out or other output for examination and copying; and (b) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document. Certificate to be produced (3) Compliance officers shall be furnished with certificates in a form established by the Commission certifying their designation as compliance officers and, on entering a place under paragraph (1)(a), a compliance officer shall show the certificate to the person in charge of the place if the person requests proof of the officer’s designation. Assistance to compliance officers (4) The person in charge of a place entered pursuant to paragraph (1)(a) and every person found in the place shall (a) give the compliance officer all reasonable assistance to enable the officer to exercise the powers conferred on compliance officers by this section; and (b) provide the officer with any information relevant to the enforcement of this Act that the officer may reasonably require.
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Security requirements 24 Every compliance officer or any other person acting on behalf of or under the direction of the Commission who receives or obtains information relating to a compliance audit under this Act shall, with respect to access to and use of that information by that compliance officer or person, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of that information.
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iance. Amendment of direction (4) The Commission may rescind or amend a direction issued by the Commission pursuant to subsection (2) or (3) on the presentation of new facts or on being satisfied that the direction was issued without knowledge of, or was based on a mistake as to, a material fact. 1995, c. 44, s. 25; 2017, c. 26, s. 19(E)
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Direction of Commission 26 (1) Where a compliance officer is of the opinion that an employer has failed to give reasonable assistance or to provide information as required by subsection 23(4), the compliance officer shall notify the Commission of the non-compliance and the Commission may issue and send, by registered mail, a direction to the employer (a) setting out the facts on which the officer’s finding of non-compliance is based; and (b) requiring the employer to take such actions as are specified in the direction to remedy the non-compliance. Amendment of direction (2) The Commission may rescind or amend a direction issued pursuant to subsection (1) on the presentation of new facts or on being satisfied that the direction was issued without knowledge of, or was based on a mistake as to, a material fact.
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Employer’s request for review 27 (1) An employer to whom a direction is issued under subsection 25(2) or (3) or 26(1) may make a request to the Chairperson for a review of the direction (a) in the case of a direction issued under subsection 25(2) or (3), within sixty days after the day on which it is issued; and (b) in the case of a direction issued under subsection 26(1), within thirty days after the day on which it is issued. Commission may apply (2) If the Commission is of the opinion that an employer has failed to comply with a direction issued by the Commission, the Commission may apply to the Chairperson for an order confirming the direction. Limitation (3) No application may be made pursuant to subsection (2) where the employer has requested a review in accordance with subsection (1). 1995, c. 44, s. 27; 1998, c. 9, s. 38
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Establishment of Tribunals 28 (1) If an employer makes a request under subsection 27(1) or the Commission makes an application under subsection 27(2), the Chairperson shall establish an Employment Equity Review Tribunal to consider the request or application. Composition (2) The Chairperson shall appoint a Tribunal consisting of one member of the Canadian Human Rights Tribunal, but the Chairperson may appoint a Tribunal of three members if the Chairperson considers that the complexity or precedential significance of the request or application requires a Tribunal of three members. Qualifications of members (3) The Chairperson shall, in appointing members of the Tribunal, take into consideration their knowledge and experience in employment equity matters. Presiding (4) If a Tribunal consists of more than one member, the Chairperson shall designate one of the members to preside over the hearings of the Tribunal. Acting after expiration of appointment (4.1) A member whose appointment expires may, with the approval of the Chairperson, conclude any hearing that the member has begun, and a person performing duties under this section is deemed to be a part-time member for the purposes of subsection 48.2(2) of the Canadian Human Rights Act . Remuneration (5) The members of a Tribunal shall be paid such remuneration as may be provided for under subsection 48.6(1) of the Canadian Human Rights Act . Travel expenses (6) Members are entitled to be paid any travel and living expenses incurred in carrying out duties as members of the Tribunal while absent from their ordinary place of residence that may be provided for under subsection 48.6(2) of the Canadian Human Rights Act . (7) [Repealed, 2014, c. 20, s. 463] Government services and facilities (8) In performing its duties and functions, a Tribunal shall, where available, make use of the services and facilities of departments, boards and agencies of the Government of Canada. Rules (9) The Chairperson may make rules governing the practice and procedure of Tribunals. Security requirements (10) Every member or other person acting on behalf of or under the direction of a Tribunal who receives or obtains information relating to a request or application referred to in subsection (1) shall, with respect to access to and use of that information by that member or other person, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of that information. 1995, c. 44, s. 28; 1998, c. 9, s. 39; 2014, c. 20, s. 463; 2017, c. 26, s. 18
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Powers of Tribunal 29 (1) A Tribunal may (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses and compel them to give oral and written evidence on oath and to produce such documents and things as the Tribunal considers necessary for a full review; (b) administer oaths; and (c) receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Tribunal sees fit, whether or not that evidence or information would be admissible in a court of law. How matters to be dealt with (2) A Tribunal shall conduct any matter that comes before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit. Hearings to be public (3) Subject to subsection (4), a hearing before a Tribunal shall be conducted in public. Hearings may be in camera (4) A hearing before a Tribunal may, on the request of an employer, be held in camera if the employer establishes to the satisfaction of the Tribunal that the circumstances of the case so require. Reasons for decision (5) A Tribunal shall provide the parties to a proceeding before the Tribunal with written reasons for its decision. Reasons for decision (6) A Tribunal shall, on request by any person, provide the person with a copy of any decision of the Tribunal, including a decision under subsection (4) to hold a hearing in camera , together with the written reasons for the decision.
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Decision of Tribunal 30 (1) A Tribunal may, after hearing a request made under subsection 27(1) or an application made under subsection 27(2), (a) by order, confirm, vary or rescind the Commission’s direction; and (b) make any other order it considers appropriate and reasonable in the circumstances to remedy the non-compliance. Board may vary or rescind (2) A Tribunal may vary or rescind any order made by it. Orders are final (3) An order of a Tribunal 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. 30; 2002, c. 8, s. 182
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Enforcement of orders 31 (1) Any order of a Tribunal made under section 30 may, for the purposes of its enforcement, be made an order of the Federal Court and is enforceable in the same manner as an order of that Court. Procedure (2) To make an order of a Tribunal an order of the Federal Court, the usual practice and procedure of the Court may be followed or a certified copy of the order may be filed with the registrar of the Court, and from the time of filing the order becomes an order of the Court.
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Report of activities of Human Rights Commission 32 The Commission shall include in its annual report referred to in section 61 of the Canadian Human Rights Act a report of its activities, including an assessment of their effectiveness, under this Act during the year.
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Limitation 33 (1) The Commission may not give a direction under section 25 or 26 and no Tribunal may make an order under section 30 where that direction or order would (a) cause undue hardship on an employer; (b) require an employer to hire or promote persons who do not meet the essential qualifications for the work to be performed; (c) with respect to the public sector, require an employer to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit, or impose on the Public Service Commission an obligation to exercise its discretion regarding exclusion orders or regulations; (d) require an employer to create new positions in its workforce; (e) impose a quota on an employer; or (f) in the case of a direction or order respecting the establishment of short term numerical goals, fail to take into account the factors set out in subsection 10(2). Meaning of quota (2) In paragraph (1)(e), quota means a requirement to hire or promote a fixed and arbitrary number of persons during a given period. Public sector (3) In making a direction or order that applies to the public sector, the Commission, in the case of a direction, and a Tribunal, in the case of an order, shall take into account the respective roles and responsibilities of (a) the Public Service Commission and the Treasury Board under the Public Service Employment Act and the Financial Administration Act ; or (b) a portion of the public sector referred to in paragraph 4(1)(c) or (d) under any other Act of Parliament. 1995, c. 44, s. 33; 2003, c. 22, s. 238
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Privileged information 34 (1) Information obtained by the Commission under this Act is privileged and shall not knowingly be, or be permitted to be, communicated, disclosed or made available without the written consent of the person from whom it was obtained. Evidence and production of documents (2) No member of the Commission or person employed by it who obtains information that is privileged under subsection (1) shall be required, in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Act, to give evidence relating to that information or to produce any statement or other writing containing that information. Communication or disclosure of information (3) Information that is privileged under subsection (1) may, on any terms and conditions that the Commission considers appropriate, be communicated or disclosed to a minister of the Crown in right of Canada or to any officer or employee of Her Majesty in right of Canada for any purpose relating to the administration or enforcement of this Act. Exception (4) Nothing in this section prohibits the communication or disclosure of information for the purposes of legal proceedings relating to the administration or enforcement of this Act. Employer’s consent required (5) No information obtained by the Commission or a Tribunal under this Act may be used in any proceedings under any other Act without the consent of the employer concerned.