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42-43-44 ELIZABETH II |
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CHAPTER 44 |
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An Act respecting employment equity
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[Assented to 15th December, 1995]
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Employment
Equity Act.
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PURPOSE OF ACT |
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Purpose of
Act
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2. The purpose of this Act is to achieve
equality in the workplace so that no person
shall be denied employment opportunities or
benefits for reasons unrelated to ability and, in
the fulfilment of that goal, to correct the
conditions of disadvantage in employment
experienced by women, aboriginal peoples,
persons with disabilities and members of
visible minorities by giving effect to the
principle that employment equity means
more than treating persons in the same way but
also requires special measures and the
accommodation of differences.
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INTERPRETATION |
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Definitions
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3. In this Act,
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``aboriginal
peoples'' « autochtones »
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``aboriginal peoples'' means persons who are
Indians, Inuit or Métis;
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``Canadian
workforce'' « population apte au travail »
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``Canadian workforce'' means all persons in
Canada of working age who are willing and
able to work;
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``Commission
'' « Commission »
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``Commission'' means the Canadian Human
Rights Commission established under
section 26 of the Canadian Human Rights
Act;
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``compliance
officer'' « agent d'application »
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``compliance officer'' means a person
designated as an employment equity
compliance review officer pursuant to
subsection 22(3);
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``designated
groups'' « groupes désignés »
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``designated groups'' means women,
aboriginal peoples, persons with
disabilities and members of visible
minorities;
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``members of
visible
minorities'' « minorités visibles »
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``members of visible minorities'' means
persons, other than aboriginal peoples, who
are non-Caucasian in race or non-white in
colour;
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``Minister'' « ministre »
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``Minister'' means such member of the
Queen's Privy Council for Canada as is
designated by the Governor in Council as
the Minister for the purposes of this Act;
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``Panel'' « Comité »
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``Panel'' means the Human Rights Tribunal
Panel established under section 48.1 of the
Canadian Human Rights Act;
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``persons with
disabilities'' « personnes handicapées »
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``persons with disabilities'' means persons
who have a long-term or recurring physical,
mental, sensory, psychiatric or learning
impairment and who
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``prescribed''
Version
anglaise
seulement
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``prescribed'' means prescribed by the
regulations;
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``private
sector
employer'' « employeur du secteur privé »
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``private sector employer'' means any person
who employs one hundred or more
employees on or in connection with a
federal work, undertaking or business as
defined in section 2 of the Canada Labour
Code and includes any corporation
established to perform any function or duty
on behalf of the Government of Canada that
employs one hundred or more employees,
but does not include
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``representativ
es'' « représentant s »
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``representatives'' means
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``Tribunal'' « tribunal »
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``Tribunal'' means an Employment Equity
Review Tribunal established by subsection
28(1).
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APPLICATION |
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Application
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4. (1) This Act applies to
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Royal
Canadian
Mounted
Police
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(2) For the purposes of this Act,
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Canadian
Forces and
Royal
Canadian
Mounted
Police
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(3) Members of the Canadian Forces and
the Royal Canadian Mounted Police are
deemed to be employees for the purposes of
this Act.
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Responsibiliti
es of Treasury
Board and
Public Service
Commission
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(4) The Treasury Board and the Public
Service Commission, each acting within the
scope of its powers, duties and functions under
the Financial Administration Act and the
Public Service Employment Act, are
responsible for carrying out the obligations of
an employer under this Act in relation to
employees employed in those portions of the
public service referred to in paragraph (1)(b).
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Deemed
employer
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(5) Every portion of the public sector
referred to in paragraphs (1)(c) and (d) is
deemed to be an employer for the purposes of
this Act in relation to employees employed in
that portion except that, with respect to any of
those portions for which the Public Service
Commission exercises any power or performs
any duty or function under the Public Service
Employment Act, the Public Service
Commission and that portion are responsible
for carrying out the obligations of an employer
under this Act.
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References to
employer
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(6) In this Act, a reference to an employer
is deemed, in relation to those portions of the
public sector referred to in
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Delegation by
Treasury
Board and
Public Service
Commission
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(7) The Treasury Board and the Public
Service Commission may, for the purpose of
carrying out their obligations under this Act in
relation to a portion of the public service or
other portion of the public sector referred to in
subsection (1), authorize the chief executive
officer or deputy head concerned to exercise,
in relation to that portion, any of the powers
and perform any of the duties and functions of
the Treasury Board or the Public Service
Commission, as the case may be, referred to in
this section.
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Delegation by
chief
executive
officer or
deputy head
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(8) Any chief executive officer or deputy
head authorized under subsection (7) to
exercise any of the powers and perform any of
the duties and functions of the Treasury Board
or Public Service Commission may, subject to
and in accordance with the authorization
given to that officer or deputy head, authorize
one or more persons to exercise any of those
powers and perform any of those duties and
functions.
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PART I |
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EMPLOYMENT EQUITY |
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Employer Obligations |
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Employer's
duty
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5. Every employer shall implement
employment equity by
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Employer not
required to
take certain
measures
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6. The obligation to implement
employment equity does not require an
employer
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Employment
of aboriginal
peoples
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7. Notwithstanding any other provision of
this Act, where a private sector employer is
engaged primarily in promoting or serving the
interests of aboriginal peoples, the employer
may give preference in employment to
aboriginal peoples or employ only aboriginal
peoples, unless that preference or
employment would constitute a
discriminatory practice under the Canadian
Human Rights Act.
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Certain rights
not
employment
barriers
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8. (1) Employee seniority rights with
respect to a layoff or recall under a collective
agreement or pursuant to the established
practices of an employer are deemed not to be
employment barriers within the meaning of
this Act.
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Other
seniority
rights
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(2) Unless they are found to constitute a
discriminatory practice under the Canadian
Human Rights Act, employee seniority rights
other than those referred to in subsection (1),
including rights acquired under workforce
adjustment policies implemented when an
employer is downsizing or restructuring,
under a collective agreement or pursuant to an
established practice, are deemed not to be
employment barriers within the meaning of
this Act.
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Adverse
impact on
employment
opportunities
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(3) Notwithstanding subsections (1) and
(2), where, after a review under paragraph
9(1)(b), it appears that a right referred to in
either of those subsections that is provided for
under a collective agreement may have an
adverse impact on the employment
opportunities of persons in designated groups,
the employer and its employees'
representatives shall consult with each other
concerning measures that may be taken to
minimize the adverse impact.
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Public sector
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(4) The following are not, in relation to the
public sector, employment barriers within the
meaning of the Act, namely,
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Analysis and
review
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9. (1) For the purpose of implementing
employment equity, every employer shall
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Self-
identification
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(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.
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Confidentialit
y of
information
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(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.
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Employment
equity plan
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10. (1) The employer shall prepare an
employment equity plan that
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Establishment
of numerical
goals
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(2) In establishing the short term numerical
goals referred to in paragraph (1)(d), every
employer shall consider
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