1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-257

An Act to amend the Employment Equity Act (elimination of designated groups and numerical goals) and the Canadian Human Rights Act

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1995, c. 44

EMPLOYMENT EQUITY ACT

1. Section 2 of the Employment Equity Act is replaced by the following:

Purpose of Act

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.

2. Section 3 of the Act is amended by repealing the definition ``designated groups''.

3. The portion of section 5 of the Act before subparagraph 5(b)(i) is replaced by the following:

Employer's duty

5. An employer shall, in consultation with employees, implement employment equity by

    (a) identifying employment conditions and practices that can be proved to be a barrier to employment opportunities ; and

    (b) suggesting such reasonable policy alternatives that if implemented would alleviate those conditions and practices with respect to

4. Subsection 8(3) of the Act is repealed.

5. Section 9 of the Act is repealed.

6. Section 10 of the Act is replaced by the following:

Employment equity plan

10. The employer shall prepare an employ ment equity plan that

    (a) sets out the employer's intentions to address the concerns raised in relation to barriers identified pursuant to paragraph 5(a) ; and

    (b) establishes a timetable for the removal of each of the conditions and practices that the employer considers to have been proved to be a barrier.

7. Section 13 of the Act is repealed.

8. Subsection 16(1) of the Act is replaced by the following:

New employers

(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 section 10.

9. Sections 18 to 21 of the Act are repealed.

10. Subsection 22(1) of the Act is replaced by the following:

Compliance audits

22. (1) The Commission is responsible for the enforcement of the obligations imposed on employers by sections 5, 10 to 15 and 17.

11. Paragraph 25(1)(a) of the Act is repealed.

12. Subsection 25(1.1) of the Act is repealed.

13. Paragraphs 33(1)(e) and (f) of the Act are replaced by the following:

    (e) impose a quota on an employer.

14. Paragraph 41(1)(c) of the Act is repealed.

R.S., c. H-6; R.S., c. 31 (1st Supp.), c. 32 (2nd Supp.); 1992, c. 22; 1993, c. 28; 1994, c. 26; 1995, c. 44; 1996, cc. 11, 14

CANADIAN HUMAN RIGHTS ACT

15. Subsection 40.1(1) of the Canadian Human Rights Act is amended by repealing the definition ``designated groups''.

16. Paragraph 40.1(2)(b) of the Act is repealed.

17. Subsection 54.1(1) of the Act is repealed.