GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Employment Equity Regulations — Employment Equity Regulations
permanent full-time employee means a person who is employed for an indeterminate period by a private sector employer to regularly work the standard number of hours fixed by the employer for employees in the occupational group in which the person is employed. ( salarié permanent à plein temps )
Employment Equity Regulations — Employment Equity Regulations
permanent part-time employee means a person who is employed for an indeterminate period by a private sector employer to regularly work fewer than the standard number of hours fixed by the employer for employees in the occupational group in which the person is employed. ( salarié permanent à temps partiel )
Employment Equity Regulations — Employment Equity Regulations
reporting period means the calendar year in respect of which an employment equity report is filed. ( période de rapport )
Employment Equity Regulations — Employment Equity Regulations
temporary employee means a person who is employed on a temporary basis by a private sector employer for any number of hours within a fixed period or periods totalling 12 weeks or more during a calendar year, but does not include a person in full-time attendance at a secondary or post-secondary educational institution who is employed during a school break. ( salarié temporaire )
Employment Equity Regulations — (a)
employee , in respect of (a) a private sector employer, means a person who is employed by the employer, but does not include a person employed on a temporary or casual basis for fewer than 12 weeks in a calendar year; (b) a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, means a person who has been appointed or deployed to that portion pursuant to that Act, but does not include (i) a person appointed as a casual worker under subsection 50(1) of that Act, or (ii) a person appointed for a period of less than three months; and (c) a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, means a person appointed to that portion in accordance with the enactment establishing that portion, but does not include a person employed on a temporary or casual basis for a period of less than three months. ( salarié )
Employment Equity Regulations — (a)
hired , in respect of (a) an employee employed by a private sector employer, means engaged by the employer; (b) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, means initially appointed to the federal public administration in accordance with that Act except in the case of a person appointed as a casual worker under subsection 50(1) of that Act; and (c) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, means initially appointed in the manner provided in the enactment establishing that portion. ( recrutement )
Employment Equity Regulations — (a)
occupational group , in respect of (a) the workforce of a private sector employer or a portion of the federal public administration referred to in paragraph 4(1)(c) of the Act, means an occupational group set out in column I of Schedule II; and (b) a portion of the federal public administration referred to in paragraph 4(1)(b) of the Act, means an occupational group set out in column I of Schedule III. ( catégorie professionnelle )
Employment Equity Regulations — (a)
promoted , in respect of (a) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, has the same meaning as the definition promotion in section 3 of the Definition of Promotion Regulations ; (b) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, has the meaning customarily used by that portion; and (c) an employee employed by a private sector employer, means permanently moved from one position or job in the employer’s organization to another position or job that (i) has a higher salary or a higher salary range than the salary or salary range of the position or job previously held by the employee, and (ii) ranks higher in the organizational hierarchy of the employer, and includes a reclassification of the employee’s position or job where the reclassified position or job meets the requirements of subparagraphs (i) and (ii). ( avancement )
Employment Equity Regulations — (a)
salary , in respect of (a) a private sector employer, means remuneration paid for work performed by an employee, before deductions, in the form of basic pay, pay for piecework, shift premiums, bonus pay and overtime pay, but does not include benefits, securities, severance pay or termination pay, vacation pay, payment in kind, supplementary payments, allowances, retroactive payments, reimbursements for employment expenses or compensation for extra-duty services other than overtime pay; (b) a portion of the federal public administration referred to in paragraph 4(1)(b) of the Act, means the rate of pay paid to an employee under a collective agreement or the rate approved by Treasury Board under any other applicable pay authority; and (c) a portion of the federal public administration referred to in paragraph 4(1)(c) of the Act, means the rate of pay paid to an employee under a collective agreement or any other applicable pay authority. ( rémunération )
Employment Equity Regulations — Employment Equity Regulations
terminated , in respect of an employee, means retired, resigned, laid off, dismissed or otherwise having ceased to be an employee, but does not include laid off temporarily or absent by reason of illness, injury or a labour dispute. ( cessation de fonctions )
Employment Equity Regulations — 2
2 For the purpose of determining when an employer is considered to employ 100 or more employees, (a) the number of employees of a private sector employer shall be calculated on the basis of the number at the time in a calendar year when the number of employees is the greatest; and (b) the number of employees employed in a portion of the federal public administration referred to in paragraph 4(1)(c) of the Act shall be calculated on the basis of the number at the time in a fiscal year when the number of employees employed in that portion is the greatest. SOR/2020-236, s. 21(E)
Employment Equity Regulations — 3
3 (1) Subject to subsections (8) and (9), before preparing an employment equity plan referred to in section 10 of the Act, an employer shall conduct a workforce survey by providing to each employee a workforce survey questionnaire that asks the employee whether the employee is (a) a member of a visible minority; (b) a person with a disability; or (c) an Aboriginal person. (2) The questionnaire shall contain the definitions Aboriginal peoples , members of visible minorities and persons with disabilities set out in section 3 of the Act to help the employee respond to the questionnaire. (3) [Repealed, SOR/2020-236, s. 2] (4) The employer shall inform each employee, either on the questionnaire or in a notice accompanying the questionnaire, that a person may be a member of more than one designated group. (5) The questionnaire may include additional questions relating to employment equity. (6) The questionnaire shall indicate that (a) responses to the questions on the questionnaire are voluntary; and (b) the information collected in the questionnaire is confidential and will only be used by or be disclosed to other persons within the employer’s organization in order for the employer to carry out its obligations under the Act. (7) Paragraph (6)(a) shall not be construed as precluding an employer from requiring each employee to return the questionnaire to the employer. (8) An employer is not required to conduct a workforce survey in respect of all or part of its workforce under subsection (1) if (a) before the coming into force of these Regulations, the employer has already conducted a survey in respect of all or that part of its workforce to determine whether the employees belong to any of the designated groups referred to in that subsection; (b) the previous survey had questions and was conducted in a manner that achieved results that are likely to be as accurate as the results that would be achieved using a workforce survey questionnaire under this section; (c) responses to the questions in the previous survey were voluntary; and (d) the survey results have been kept up to date in accordance with section 5. (9) Where an employer replaces its employment equity plan with a new plan, the employer is not required to conduct a new workforce survey if the previous survey results have been kept up to date in accordance with section 5. SOR/2020-236, s. 2 SOR/2020-236, s. 20(E)
Employment Equity Regulations — 4
4 The employer shall ensure that there is a means of identifying, on the workforce survey questionnaire, the employee who returns it, whether by name or otherwise.
Employment Equity Regulations — 5
5 The employer shall keep the workforce survey results up to date by (a) providing a workforce survey questionnaire (i) to an employee when the employee begins employment, (ii) to an employee who wishes to change any information previously submitted on a questionnaire, or (iii) to an employee who requests it; (b) making necessary adjustments to the survey results to take into account the responses to the questionnaires referred to in paragraph (a); and (c) making necessary adjustments to the survey results to take into account members of designated groups who have been terminated.
Employment Equity Regulations — 6
6 (1) Based on the information collected under sections 3 to 5, and on relevant information contained in any other employment records maintained by the employer, the employer shall conduct an analysis of its workforce in order to (a) determine the following for each occupational group of the employer’s workforce, namely, (i) the number of persons who are Aboriginal peoples, (ii) the number of persons who are persons with disabilities, (iii) the number of persons who are members of visible minorities, and (iv) the number of women; and (b) determine the degree of underrepresentation of the persons referred to in paragraph (a) by comparing the representation of each designated group in each occupational group of the employer’s workforce to their representation in each occupational group in whichever of the following is the most appropriate as a basis of comparison, namely, (i) the Canadian workforce as a whole, or (ii) those segments of the Canadian workforce that are identifiable by qualification, eligibility or geography, and from which the employer may reasonably be expected to draw employees. (2) In making a determination under paragraph (1)(b), the employer shall use the labour market information made available by the Minister under section 42(3) of the Act, or information from other sources that is determined by the Minister to be relevant labour market information, in order to determine the representation, in the geographic area or areas from which the employer may reasonably be expected to draw employees, of workers who are members of designated groups and who are qualified or eligible for the jobs within each occupational group of the employer’s workforce. (3) An employer who has already conducted an analysis of all or part of its workforce before the coming into force of these Regulations is not required to conduct another analysis of all or that part of its workforce, if (a) the results of the previous analysis are up to date as a result of periodic revisions that have taken into account the updating of the workforce survey results in accordance with section 5; and (b) the results of the previous analysis are likely to be the same as the results that would be achieved by an analysis undertaken pursuant to subsections (1) and (2). (4) Where an employer replaces its employment equity plan with a new plan, the employer is not required to conduct a new workforce analysis if the results of the previous analysis have been kept up to date by means of periodic revisions that have taken into account the updating of the workforce survey results in accordance with section 5. SOR/2020-236, s. 20(E)
Employment Equity Regulations — 7
7 The employer shall prepare a summary of the results of its workforce analysis for use in the preparation of its employment equity plan.
Employment Equity Regulations — 8
8 Where, based on the workforce analysis conducted pursuant to section 6, underrepresentation of persons in designated groups has been identified in any occupational group of the employer’s workforce, the employer shall conduct a review of its employment systems, policies and practices in order to determine whether any of those employment systems, policies and practices is an employment barrier against persons in designated groups.
Employment Equity Regulations — 9
9 (1) Subject to section 10, for the purposes of making a determination referred to in section 8, the employer shall, in relation to each occupational group in which underrepresentation referred to in section 8 has been identified, review its employment systems, policies and practices with respect to (a) the recruitment, selection and hiring of employees; (b) the development and training of employees; (c) the promotion of employees; (d) the retention and termination of employees; and (e) the reasonable accommodation of the special needs of members of designated groups. (2) Where, following a review under subsection (1), new employment systems, policies or practices relating to the matters referred to in that subsection are implemented by the employer, the employer shall also review the new employment systems, policies or practices with respect to those matters.
Employment Equity Regulations — 10
10 An employer who, before the coming into force of these Regulations, has conducted a review of its employment systems, policies and practices with respect to the matters referred to in subsection 9(1) in relation to all or part of its workforce is not required to conduct another review with respect to the matters already reviewed if the results of the previous review are likely to be the same as the results that would be achieved by a review undertaken pursuant to subsection 9(1).
Employment Equity Regulations — 11
11 An employer shall establish and maintain the following records: (a) a record of each employee’s designated group membership, if any; (b) a record of each employee’s occupational group classification; (c) a record of each employee’s salary and salary increases; (c.1) for each employee employed by a private sector employer, a record containing the information referred to in paragraphs 25.1(a) to (f); (d) a record of each employee’s promotions; (e) a copy of the workforce survey questionnaire that was provided to the employees and any other information used by the employer in conducting its workforce analysis; (f) the summary of the results of the workforce analysis required by section 7; (g) a description of the activities undertaken by the employer in conducting its employment systems review; (h) the employer’s employment equity plan; (i) a record of the employer’s monitoring of the implementation of its employment equity plan, undertaken in accordance with paragraph 12(b) of the Act; and (j) a record of activities undertaken by the employer and information provided to employees in accordance with section 14 of the Act. SOR/2020-236, s. 3
Employment Equity Regulations — 12
12 (1) Records referred to in paragraphs 11(a) to (d) in respect of terminated employees shall be kept for two years after the date of their termination. (2) Records referred to in paragraphs 11(e) to (j) shall be kept for two years after the period covered by the employment equity plan to which the records relate. (3) If a private sector employer generates its annual employment equity report required by subsection 18(1) of the Act using an application or specially designed software provided by the Government of Canada for employment equity reporting purposes, the employer shall retain a copy of the database or other computer record used to generate the report for two years after the year in respect of which the report is filed. SOR/2020-236, s. 4
Employment Equity Regulations — 13
13 The form set out in Schedule V is the prescribed form of the Tribunal certificate for the purpose of subparagraph 39(4)(b)(i) of the Act.
Employment Equity Regulations — 14
14 This Part applies in respect of the report required to be filed by private sector employers under section 18 of the Act.
Employment Equity Regulations — 14.1
14.1 In these Regulations, a reference to any of Forms 1 to 6 is to be read as a reference to a Form set out in the document entitled Employment Equity Forms 2021 , prepared by the Department of Employment and Social Development and published on its website. SOR/2020-236, s. 5
Employment Equity Regulations — 15
15 (1) Forms 1 to 6 are prescribed for the purpose of filing a report referred to in subsection 18(1) of the Act. (2) [Repealed, SOR/2020-236, s. 6] (3) For the purposes of paragraph 18(1)(c) of the Act, a prescribed subdivision of a salary range is a quarter of a salary range. SOR/2006-120, s. 2 SOR/2020-236, s. 6
Employment Equity Regulations — 16
16 (1) An employment equity report shall contain the following statement certifying the accuracy of the information contained in it: “I, ( name ), certify on behalf of ( legal name of employer ) that the information contained in Forms 1 to 6 of this report is true and accurate in every respect, to the best of my knowledge and belief. Date Signature” (2) Where an employment equity report is filed on behalf of a corporation, the statement referred to in subsection (1) shall be signed by a senior officer of the corporation. SOR/2020-236, s. 7
Employment Equity Regulations — Employment Equity Regulations
“I, ( name ), certify on behalf of ( legal name of employer ) that the information contained in Forms 1 to 6 of this report is true and accurate in every respect, to the best of my knowledge and belief. Date Signature”
Employment Equity Regulations — 18
18 For each calendar year, an employment equity report shall be completed using Forms 1 to 6 and in accordance with the instructions set out in sections 20 to 31. SOR/2006-120, s. 4 SOR/2020-236, s. 8
Employment Equity Regulations — 19
19 In circumstances other than the one referred to in subsection 18(3) of the Act, for the purposes of subsection 18(1) of the Act, an employment equity report is deemed to have been filed with the Minister on the day on which the Minister receives it. SOR/2006-120, s. 5 SOR/2020-236, s. 8
Employment Equity Regulations — 20
20 Where an item of information requested on a form is not applicable in the case of an employer, the employer shall so indicate using the phrase “Not Applicable”, the abbreviation “N/A” or a brief explanatory statement.
Employment Equity Regulations — 21
21 An employer, in completing Forms 1 to 3, shall report the required information with respect to the number of employees employed by the employer (a) in the case of permanent full-time and permanent part-time employees, as of December 31 of the calendar year; and (b) in the case of temporary employees, as of the date in the calendar year on which the number of temporary employees was the greatest. SOR/2020-236, s. 9
Employment Equity Regulations — 22
22 An employer, in completing Forms 2 and 4 to 6, shall indicate the occupational group in which an employee is employed, as set out in column I of Schedule II, by referring to the occupational unit group set out in column II that most accurately describes the job performed by the employee. SOR/2006-120, s. 6 SOR/2020-236, s. 10
Employment Equity Regulations — 23
23 (1) An employer shall indicate on Form 1 the industrial sector in which employees are employed by selecting the appropriate industry group description set out in the North American Industry Classification System (NAICS) Canada , developed and administered by Statistics Canada and the statistical agencies of Mexico and the United States and published by authority of the Minister responsible for Statistics Canada, as amended from time to time. (2) An employer shall indicate on Form 1 the industrial sector with the greatest number of employees in the box entitled “Industrial Sector 1” and other industrial sectors in decreasing order of their number of employees. (3) Where the employees of an employer are employed in more than four industrial sectors, the employer shall indicate the additional industrial sectors and the number of employees in each of those sectors on a separate page attached to Form 1. SOR/2020-236, s. 11
Employment Equity Regulations — 24
24 (1) Subject to subsection (2), for each industrial sector indicated by an employer on Form 1, the employer shall complete the applicable Parts of Form 2 in respect of all employees of the employer in Canada for each of the following employment status categories: (a) permanent full-time employees; (b) permanent part-time employees; and (c) temporary employees, where the number of temporary employees at any time during the reporting period constitutes 20% or more of the employer’s workforce. (2) Where the number of employees in an industrial sector indicated by an employer on Form 1, other than industrial sector 1, is less than 1,000, the employer shall group those employees with the employees in industrial sector 1. (3) An employer who has completed the applicable Parts of Form 2 separately for more than one industrial sector under subsection (1) shall also consolidate the information provided and complete the applicable Parts of Form 2 for those industrial sectors collectively. SOR/2020-236, s. 12
Employment Equity Regulations — 25
25 (1) In addition to the Parts of Form 2 referred to in subsection 24(1), the applicable Parts of Form 2 shall be completed by an employer in respect of employees who are employed in an industrial sector for which the employer is required to report separately and in respect of employees who are grouped in industrial sector 1 in accordance with subsection 24(2) (a) for each province or territory where the total number of employees of the employer is 100 or more at any time during the reporting period; and (b) for each CMA where the total number of employees of the employer is 100 or more at any time during the reporting period. (2) For the purposes of paragraph (1)(b), CMA means a census metropolitan area as set out in the document entitled Statistical Area Classification - Variant of SGC 2016 , published by authority of the Minister responsible for Statistics Canada, as amended from time to time. SOR/2020-236, s. 13
Employment Equity Regulations — 25.1
25.1 In completing Form 2, an employer shall use the following information for each employee: (a) their salary, excluding any bonus pay and overtime pay; (b) the period over which the salary referred to in paragraph (a) is paid; (c) the number of hours worked that can be attributed to the salary referred to in paragraph (a) ; (d) the bonus pay paid in the reporting period; (e) the overtime pay paid in the reporting period; and (f) the number of overtime hours worked that can be attributed to the overtime pay referred to in paragraph (e). SOR/2020-236, s. 14