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Bill C-64

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Royal Assent

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	TRANSITIONAL PROVISION
Compliance with certain provisions	45. The Treasury Board, the Public Service Commission and any person who is an employer to whom the Employment Equity Act, R.S., c. 23 (2nd Supp.), applied shall, within one year after the coming into force of this section, comply with sections 9 and 10 of this Act.
	CONSEQUENTIAL AMENDMENTS
1991, c. 11	Broadcasting Act
	*46. Section 5 of the Broadcasting Act* is amended by adding the following after subsection (3):**
Employment equity	(4) Where a broadcasting undertaking is subject to the Employment Equity Act, the powers granted to the Commission under this Act do not extend to the regulation or supervision of matters concerning employment equity in relation to that broadcasting undertaking.
R.S., c. H-6	Canadian Human Rights Act
	*47. Section 40 of the Canadian Human Rights Act* is amended by adding the following after subsection (3):**
Limitation	(3.1) No complaint may be initiated under subsection (3) as a result of information obtained by the Commission in the course of the administration of the Employment Equity Act.
	48. The Act is amended by adding the following after section 40:
Definitions	40.1 (1) In this section,
``designated groups'' « groupes désignés »	``designated groups'' has the meaning assigned in section 3 of the Employment Equity Act;
``employer'' « employeur »	``employer'' means a person who or organization that discharges the obligations of an employer under the Employment Equity Act.
Employment equity complaints	(2) No complaint may be dealt with by the Commission pursuant to section 40 where
	(a) the complaint is made against an employer alleging that the employer has engaged in a discriminatory practice set out in section 7 or paragraph 10(a); and
	(b) the complaint is based solely on statistical information that purports to show that members of one or more designated groups are underrepresented in the employer's workforce.
	49. Section 41 of the Act is renumbered as subsection 41(1) and is amended by adding the following:
Commission may decline to deal with complaint	(2) The Commission may decline to deal with a complaint referred to in paragraph 10(a) in respect of an employer where it is of the opinion that the matter has been adequately dealt with in the employer's employment equity plan prepared pursuant to section 10 of the Employment Equity Act.
Meaning of ``employer''	(3) In this section, ``employer'' means a person who or organization that discharges the obligations of an employer under the Employment Equity Act.
	50. The Act is amended by adding the following after section 54:
Definitions	54.1 (1) In this section,
``designated groups'' « groupes désignés »	``designated groups'' has the meaning assigned in section 3 of the Employment Equity Act; and
``employer'' « employeur »	``employer'' means a person who or organization that discharges the obligations of an employer under the Employment Equity Act.
Limitation of order re employment equity	(2) Where a Tribunal finds that a complaint against an employer is substantiated, it may not make an order pursuant to subparagraph 53(2)(a)(i) requiring the employer to adopt a special program, plan or arrangement containing
	(a) positive policies and practices designed to ensure that members of designated groups achieve increased representation in the employer's workforce; or
	(b) goals and timetables for achieving that increased representation.
Interpretation	(3) For greater certainty, subsection (2) shall not be construed as limiting the power of a Tribunal, under paragraph 53(2)(a), to make an order requiring an employer to cease or otherwise correct a discriminatory practice.
R.S., c. F-11	Financial Administration Act
	*51. (1) Subsection 11(2) of the Financial Administration Act* is amended by adding the following after paragraph (h):**
	(h.1) subject to the Employment Equity Act, establish policies and programs with respect to the implementation of employment equity in the public service;
1992, c. 54, s. 81(2), (3)	(2) Subsections 11(2.1) to (3) of the Act are replaced by the following:
Limitation of powers and functions of Board in relation to matters expressly determined	(3) The powers and functions of the Treasury Board in relation to any of the matters specified in subsection (2) do not extend to any such matter that is expressly determined, fixed, provided for, regulated or established by any Act otherwise than by the conferring of powers or functions in relation thereto on any authority or person specified in that Act, and do not include or extend to any power or function specifically conferred on, or any process of personnel selection required or authorized to be employed by, the Public Service Commission by or under the authority of the Public Service Employment Act.
R.S., c. P-33	Public Service Employment Act
1992, c. 54, s. 5	*52. Subsection 5.1(5) of the Public Service Employment Act* is replaced by the following:**
Definition of ``employment equity program''	(5) In this section, ``employment equity program'' means a policy or program established by the Treasury Board with respect to the implementation of employment equity in the Public Service.
	53. Subsection 47(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word ``and'' at the end of paragraph (c) and by adding the following:
	(d) the activities of the Commission during that year in relation to the implementation of employment equity programs, including its activities during that year in discharging its obligations under the Employment Equity Act.
	REPEAL
Repeal	*54. The Employment Equity Act, R.S., c. 23 (2nd Supp.), is repealed.*
	COMING INTO FORCE
Coming into force	55. This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council.