Regulations
55. (1) The Lieutenant Governor in Council may make regulations, 1. defining any word or expression used in this Act that is not already defined in this Act; 2. governing what constitutes membership in a designated group; 3. designating subgroups within a designated group; 4. naming or describing employers in addition to those named in the Schedule to the Pay Equity Act as employers in the broader public sector; 5. excluding employers by name or description from the broader public sector; 6. prescribing additional bases upon which a person may regularly engage the services of others as an employer for the purpose of this Act; 7. designating persons as employees for the purpose of this Act; 8. setting out and governing circumstances in which any of an employer’s obligations under Part III change or cease to apply due to a change in the number of employees in the employer’s workforce; 9. governing the application of this Act and adapting the requirements of this Act to an employer and a bargaining agent, if any, in the case of the purchase, sale, merger or other change in the circumstances of an employer’s business; 10. governing the application of this Act and adapting the requirements of this Act, i. as it applies to the construction industry, ii. as it applies in situations where people are hired through union hiring halls, iii. as it applies to employers that employ seasonal or term employees, iv. as it applies to particular industries or sectors of the economy which in the opinion of the Lieutenant Governor in Council cannot be properly accommodated through the provisions of this Act because of unique situations in the industry or sector; 11. governing employment equity workforce surveys and the collection of other information to determine the extent to which members of the designated groups are employed in an employer’s workforce; 12. requiring employers that have 500 or more employees to collect additional information to determine the extent to which members of subgroups within a designated group are employed in the employer’s workforce; 13. designating classes of employers in the broader public sector and requiring the Crown in right of Ontario and every employer in the broader public sector or in a class of employers in the broader public sector to collect additional information to determine the extent to which members of sub-groups within a designated group are employed in the Crown’s workforce or the employer’s workforce, as the case may be; 14. governing reviews of an employer’s employment policies and practices; 15. governing the content of employment equity plans in situations where an employer prepares only one plan and in situations where an employer prepares more than one plan; 16. governing the development, implementation, review and revision of employment equity plans; 17. governing certificates to be prepared and filed with the Employment Equity Commission on the development, implementation, review or revision of the employer’s employment equity plans; 18. designating classes of employers in the broader public sector and requiring employers or classes of employers in the broader public sector to file copies of employment equity plans with the Commission; 19. governing the manner in which an employer and a bargaining agent shall jointly carry out responsibilities under Part III and governing payment to employees who are selected by a bargaining agent to carry out joint responsibilities; 20. governing the composition of the co-ordinating committee and respecting the powers of the committee in carrying out joint responsibilities; 21. prescribing information that an employer must provide to a bargaining agent and prescribing criteria for the purpose of subsection 16(7); 22. governing consultation by employers with employees in accordance with section 17 and governing payment to employees for time spent for the purpose of consultation; 23. governing certificates and other information in respect of this Act and employment equity that must be posted in the workplace; 24. governing information in respect of this Act and employment equity that an employer must provide or make available to the employer’s employees; 25. governing the establishment and maintenance of employment equity records in respect of an employer’s employees; 26. governing reports and other information to be submitted to the Commission on the composition of an employer’s workforce or the development, implementation, review or revision of the employer’s employment equity plans; 27. requiring employers that have 500 or more employees to prepare reports containing information on the extent to which members of subgroups within a designated group are employed in the employer’s workforce; 28. designating classes of employers in the broader public sector and requiring the Crown in right of Ontario and every employer in the broader public sector or in a class of employers in the broader public sector to prepare reports containing information on the extent to which members of sub-groups within a designated group are employed in the Crown’s workforce or the employer’s workforce, as the case may be; 29. requiring employers that have 500 or more employees to prepare reports containing information on the extent to which members of the designated groups are employed in each salary group in the employer’s workforce; 30. designating classes of employers in the broader public sector and imposing more stringent requirements on the Crown in right of Ontario and employers or classes of employers in the broader public sector with respect to reports or other information to be submitted to the Commission; 31. prescribing steps that may be taken by the Employment Equity Tribunal under subsection 34 (3); 32. prescribing, for the purpose of subsection 35 (3), circumstances in which the Tribunal is not required to hold a hearing and determine an application, and governing the procedure for determining whether the circumstances exist. Numerical goals in plans (2) A regulation governing the content of employment equity plans may require plans to contain numerical goals determined in a manner prescribed by the regulation. It may provide that the goals shall be determined with reference to percentages approved by the Commission that, in the opinion of the Commission, fairly reflect the representation of the designated groups in the population of a geographical area or in any other group of people. General or specific (3) Regulations may be general or specific in nature. Conditions (4) A regulation may be made subject to such conditions as are set out in the regulation. 1993, c. 35, s. 55. Note: A standing or select committee of the Legislative Assembly shall, on or before September 1, 1999, undertake a comprehensive review of this Act and the regulations and shall, within one year after beginning that review, make recommendations to the Legislative Assembly regarding amendments to this Act and the regulations. See: 1993, c. 35, s. 57. ______________ Français