Employment Equity Act

Marginal note:Application

• 4 (1) This Act applies to

  • (a) private sector employers;

  • (b) the portions of the federal public administration set out in Schedule I or IV to the Financial Administration Act;

  • (c) the portions of the federal public administration set out in of Schedule V to the Financial Administration Act that employ one hundred or more employees; and

  • (d) such other portion of the public sector employing one hundred or more employees, including the Canadian Forces and the Royal Canadian Mounted Police, as may be specified by order of the Governor in Council on the recommendation of the Treasury Board, in consultation with the minister responsible for the specified portion.

• Marginal note:Royal Canadian Mounted Police

  (2) For the purposes of this Act,

  • (a) the Royal Canadian Mounted Police is deemed to consist only of its members within the meaning of subsection 2(1) of the Royal Canadian Mounted Police Act;

  • (b) the Royal Canadian Mounted Police is deemed not to be included in Schedule IV to the Financial Administration Act; and

  • (c) civilian employees appointed or employed in accordance with section 10 of the Royal Canadian Mounted Police Act are deemed to be included in Schedule IV to the Financial Administration Act.

• Marginal note:Canadian Forces and Royal Canadian Mounted Police

  (3) Members of the Canadian Forces and the Royal Canadian Mounted Police are deemed to be employees for the purposes of this Act.

• Marginal note:Responsibilities of Treasury Board and Public Service Commission

  (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 federal public administration referred to in paragraph (1)(b).

• Marginal note:Deemed employer

  (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 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.

• Marginal note:References to employer

  (6) In this Act, a reference to an employer is deemed, in relation to those portions of the public sector referred to in

  • (a) paragraph (1)(b), to be a reference to the Treasury Board and the Public Service Commission, each acting within the scope of its powers and functions under the Financial Administration Act and the Public Service Employment Act; and

  • (b) paragraphs (1)(c) and (d) for which the Public Service Commission exercises any power or performs any function under the Public Service Employment Act, to be a reference to the employer and the Public Service Commission.

• Marginal note:Delegation by Treasury Board and Public Service Commission

  (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 federal public administration 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 functions of the Treasury Board or the Public Service Commission, as the case may be, referred to in this section.

• Marginal note:Delegation by chief executive officer or deputy head

  (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.