|
|
(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.
|
|
| 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.
|
|
| Implementatio
n 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.
|
|
| 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.
|
|
| 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.
|
|
| Consultation
with
employee
representative
s
|
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.
|
|
| 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.
|
|
|
|
|
|
| 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.
|
|
| Reports of
private sector
employers
|
18. (1) Every private sector employer shall,
on or before June 1 in each year, file with the
Minister a report in respect of the immediately
preceding calendar year containing
information in accordance with prescribed
instructions, indicating, in the prescribed
manner and form,
|
|
|
|
(a) the industrial sector in which its
employees are employed, the location of
the employer and its employees, the
number of its employees and the number of
those employees who are members of
designated groups;
|
|
|
|
(b) the occupational groups in which its
employees are employed and the degree of
representation of persons who are members
of designated groups in each occupational
group;
|
|
|
|
(c) the salary ranges of its employees and
the degree of representation of persons who
are members of designated groups in each
range and in each prescribed subdivision of
the range; and
|
|
|
|
(d) the number of its employees hired,
promoted and terminated and the degree of
representation in those numbers of persons
who are members of designated groups.
|
|
| Interpretation
|
(2) For the purposes of subsection (1), an
employer is the person who or organization
that was the employer on December 31 in the
immediately preceding year.
|
|
| Electronic
filing
|
(3) An employer may file a report using
electronic media in a manner specified in
writing by the Minister and, in such a case, the
report is deemed to have been filed on the day
that the Minister acknowledges receipt of it.
|
|
| Self-identifica
tion
|
(4) Only those employees who identify
themselves to their employer, or agree to be
identified by their employer, as aboriginal
peoples, members of visible minorities and
persons with disabilities are to be counted as
members of those designated groups for the
purposes of the report.
|
|
| Certificate
required
|
(5) A report shall be certified, in the
prescribed manner, as to the accuracy of the
information contained in it and shall be signed
by the employer or, where the employer is a
corporation, by a prescribed person on behalf
of the corporation.
|
|
| Additional
information
|
(6) An employer shall include in a report a
description of
|
|
|
|
(a) the measures taken by the employer
during the reporting period to implement
employment equity and the results
achieved; and
|
|
|
|
(b) the consultations between the employer
and its employees' representatives during
the reporting period concerning the
implementation of employment equity.
|
|
| Consolidated
reports
|
(7) Where, in the opinion of the Minister,
associated or related federal works,
undertakings or businesses are operated by
two or more employers having common
control or direction, the Minister may, on the
application of the employers, authorize them
to file a consolidated report with respect to
employees employed by them on or in
connection with those works, undertakings or
businesses.
|
|
| Exemption for
private sector
employers
|
(8) The Minister may, on the application of
an employer, exempt the employer from any
or all of the requirements of this section for a
period not exceeding one year if, in the
opinion of the Minister, special circumstances
warrant the exemption.
|
|
| Copy to
employees'
representative
s
|
(9) An employer shall, on filing a report
with the Minister under this section, provide
its employees' representatives with a copy of
the report.
|
|
| Copy to
Commission
|
(10) The Minister shall, on receipt of a
report, send a copy of it to the Commission.
|
|
| 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.
|
|
| 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.
|
|
| Report of
Treasury
Board
|
21. (1) The President of the Treasury Board
shall, in each fiscal year, cause to be laid
before each House of Parliament a report in
respect of the state of employment equity in
the portions of the public service referred to in
paragraph 4(1)(b) during the immediately
preceding fiscal year.
|
|
| Contents of
report
|
(2) The report referred to in subsection (1)
shall consist of
|
|
|
|
(a) a consolidation and analysis of
|
|
|
|
(i) the number of employees employed in
each portion of the public service
referred to in paragraph 4(1)(b) and the
number of persons who are members of
each designated group so employed,
|
|
|
|
(ii) the total number of employees
employed in all portions of the public
service referred to in paragraph 4(1)(b) in
each province and in the National Capital
Region and the number of persons who
are members of each designated group so
employed,
|
|
|
|
(iii) the occupational groups of
employees and the degree of
representation of persons who are
members of each designated group in
each occupational group,
|
|
|
|
(iv) the salary ranges of employees and
the degree of representation of persons
who are members of each designated
group in each range and in any
subdivision of the range, and
|
|
|
|
(v) the numbers of employees hired,
promoted and terminated and the degree
of representation, in those numbers, of
persons who are members of each
designated group;
|
|
|
|
(b) a description of the principal measures
taken by the Treasury Board during the
reporting period to implement employment
equity and the results achieved;
|
|
|
|
(c) a description of the consultations
between the Treasury Board and its
employees' representatives during the
reporting period concerning the
implementation of employment equity; and
|
|
|
|
(d) any other information that the President
of the Treasury Board considers relevant.
|
|
| Requirement
to provide
information
|
(3) Each portion of the public sector
referred to in paragraphs 4(1)(c) and (d), other
than the Canadian Security Intelligence
Service, shall, within six months after the end
of each fiscal year, provide to the President of
the Treasury Board a report containing the
information referred to in subsection (4) in
relation to that portion during that fiscal year
and the President shall cause the reports,
together with the report referred to in
subsection (1), to be laid before each House of
Parliament.
|
|
| Contents of
report
|
(4) A report referred to in subsection (3)
shall consist of
|
|
|
|
(a) the information referred to in
subparagraphs (2)(a)(i) to (v) in relation to
that portion;
|
|
|
|
(b) an analysis of the information referred to
in paragraph (a); and
|
|
|
|
(c) the information referred to in paragraphs
(2)(b) to (d) in relation to that portion.
|
|
| Requirement
to provide
information
|
(5) The Canadian Security Intelligence
Service shall, within six months after the end
of each fiscal year, provide to the President of
the Treasury Board a report containing the
information referred to in subsection (6) in
relation to that portion during that fiscal year
and the President shall cause the report,
together with the report referred to in
subsection (1), to be laid before each House of
Parliament.
|
|
| Contents of
report
|
(6) A report referred to in subsection (5)
shall consist of
|
|
|
|
(a) the percentage of employees employed
in that portion who are members of each
designated group;
|
|
|
|
(b) the occupational groups of employees in
that portion and the percentage of persons
who are members of each designated group
in each occupational group;
|
|
|
|
(c) the salary ranges of employees in that
portion and the percentage of persons who
are members of each designated group in
each range and in any subdivision of the
range;
|
|
|
|
(d) the percentage of employees hired,
promoted and terminated in that portion
who are members of each designated group;
|
|
|
|
(e) an analysis 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'
representative
s
|
(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.
|
|