Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Employment Equity Act. (Loi)

  Canadian Forces member

  Canadian Forces member means an individual described in subsection 4(1). (membre des Forces canadiennes)

  military occupation

  military occupation means a military occupation set out in column 2 of Part 1 or 2 of Schedule 1. (groupe professionnel militaire)

  military occupational group

  military occupational group means a military occupational group set out in column 1 of Part 1 or 2 of Schedule 1. (catégorie professionnelle militaire)

  reporting period

  reporting period means

  • (a) for the first report that the Chief of the Defence Staff provides to the President of the Treasury Board under subsections 21(3) and (4) of the Act, the period beginning on the day of the coming into force of these Regulations and ending on March 31, 2003; and

  • (b) for any subsequent report, the fiscal year preceding that report. (période de rapport)

• Marginal note:Other definitions

  (2) Unless otherwise provided, all words and expressions used in these Regulations have the same meaning as in the National Defence Act or the regulations made under that Act.

Marginal note:Definitions for the purposes of the Act

2 For the purposes of the Act insofar as it applies to the Canadian Forces,

employee

employee means a Canadian Forces member. (salarié)

hired

hired means enrolled as a Canadian Forces member under section 20 of the National Defence Act. (recrutement, engagement ou embauche)

occupational group

occupational group means a military occupational group. (catégorie professionnelle)

promoted

promoted, in respect of a Canadian Forces member, means promoted under section 28 of the National Defence Act. (avancement ou promotion)

salary

salary means the pay issued to Canadian Forces members at the rates and under the conditions prescribed under subsection 12(3) and section 35 of the National Defence Act. (rémunération)

terminated

terminated has the same meaning as release in subsection 2(1) of the National Defence Act. (cessation de fonctions ou cessation d’emploi)

Purpose

Marginal note:Adaptation of the Act

• 3 (1) Pursuant to section 41 of the Act, the purpose of these Regulations is to adapt the provisions of the Act to accommodate the Canadian Forces, taking into account the need for their operational effectiveness.

• Marginal note:Other regulations

  (2) Unless otherwise indicated, no other regulations made under the Act apply to the Canadian Forces.

Marginal note:Members of the Forces

• 4 (1) The Act and these Regulations apply to Canadian Forces members — both officers and non-commissioned members — who are serving

  • (a) in the regular force; or

  • (b) in the reserve force and have been paid, as of March 31 in the reporting period, for 75 days or more of reserve service.

• Marginal note:Special force

  (2) The Act and these Regulations do not apply to Canadian Forces members who are serving in the special force.

General

Marginal note:Obligations of Chief of the Defence Staff

5 The Chief of the Defence Staff, acting within the scope of the Chief of the Defence Staff’s powers, duties and functions under section 18 of the National Defence Act, is responsible, in relation to the Canadian Forces,

• (a) for carrying out the obligations of an employer under the Act; and

• (b) for the application of these Regulations.

Marginal note:Scope of obligation

6 For the purposes of section 6 of the Act, the obligation to implement employment equity does not require the Chief of the Defence Staff

• (a) to enrol, re-engage or promote persons without basing the enrolment, re-engagement or promotion on the requirements specified in section 7; or

• (b) to undertake promotion campaigns or other measures to increase the degree of representation in the Canadian Forces of persons who do not meet the requirements specified in section 7.

Marginal note:Qualification or eligibility criteria

7 The enrolment, re-engagement or promotion of any person in the Canadian Forces shall be based on the following requirements, to the extent that they are consistent with the Canadian Human Rights Act:

• (a) the applicable criteria in the regulations, orders and instructions made under sections 12 and 18 of the National Defence Act; and

• (b) the liability to perform any lawful duty in accordance with section 33 of that Act.

Marginal note:Adaptation of section 8 of the Act

8 For the purposes of section 8 of the Act, the release of Canadian Forces members under an initiative to reduce the number of members of the Canadian Forces, or the number of members of any unit, element or military occupational group of the Canadian Forces, is not an employment barrier within the meaning of the Act.

Marginal note:Powers of the Commission and Tribunal

9 For the purposes of section 33 of the Act, the Canadian Human Rights Commission, its officers and any other person acting on behalf of or under the direction of the Commission, and the members of an Employment Equity Review Tribunal established under subsection 28(1) of the Act and any other person acting on behalf of or under the direction of such a Tribunal, may not, in exercising the powers conferred on the Commission or the Tribunal under sections 25 or 26 and 30 of the Act, respectively, give a direction or make an order that would

• (a) require the Chief of the Defence Staff to enrol, re-engage or promote persons without basing the enrolment, re-engagement or promotion on the requirements specified in section 7; or

• (b) otherwise prejudice the operational effectiveness of the Canadian Forces.

Collection of Workforce Information

Marginal note:Questionnaire

• 10 (1) Before preparing the employment equity plan required by section 10 of the Act, the Chief of the Defence Staff shall conduct a workforce survey by providing to each Canadian Forces member a workforce survey questionnaire that asks if the member is

  • (a) an aboriginal person;

  • (b) a member of a visible minority; or

  • (c) a person with a disability.

• Marginal note:Additional questions

  (2) The questionnaire may include additional questions relating to employment equity.

• Marginal note:Information

  (3) The questionnaire shall include the following information:

  • (a) the definitions aboriginal peoples, members of visible minorities and persons with disabilities as set out in section 3 of the Act, or a description of those expressions that is consistent with the definitions;

  • (b) the definition designated groups as set out in section 3 of the Act and the statement that a person may be a member of more than one designated group;

  • (c) a statement that responses to section 1 of the questionnaire, which relates solely to the identification of Canadian Forces members, are mandatory;

  • (d) a statement that responses to section 2 of the questionnaire by the Canadian Forces members are voluntary; and

  • (e) a statement containing the information referred to in section 14.

Marginal note:Form

11 A workforce survey questionnaire that contains questions and information substantially as set out in Schedule 2 shall be considered to satisfy the requirements of section 10.

Marginal note:Equity plan

12 When the Chief of the Defence Staff reviews the employment equity plan, the Chief of the Defence Staff is not required to conduct a new workforce survey if the previous survey results have been kept up to date in accordance with section 13.

Marginal note:Updating

13 The Chief of the Defence Staff shall keep the workforce survey results up to date

• (a) by providing a workforce survey questionnaire

  • (i) to all new Canadian Forces members on their enrolment,

  • (ii) to any Canadian Forces member who wishes to change any information that they previously submitted on a questionnaire, or

  • (iii) to any Canadian Forces member who requests one;

• (b) by making the necessary adjustments to the survey results to take into account the responses to a questionnaire referred to in paragraph (a); and

• (c) by making the necessary adjustments to the survey results to take into account members of designated groups who have been released from the Canadian Forces.

Marginal note:Personal information

14 Information collected under sections 10 and 13 is personal information within the meaning of section 3 of the Privacy Act and shall not be used or disclosed except in accordance with that Act.

Workforce Analysis

Marginal note:Determination

• 15 (1) Based on the information collected under sections 10 and 13 and on relevant information contained in any other employment records of the Canadian Forces, the Chief of the Defence Staff shall conduct an analysis of the Canadian Forces workforce to determine

  • (a) for each military occupational group, the number of positions held by

    • (i) women,

    • (ii) aboriginal persons,

    • (iii) persons who are members of visible minorities, and

    • (iv) persons with disabilities; and

  • (b) the degree of underrepresentation of the persons referred to in paragraph (a) by comparing the representation of each designated group in each military occupational group to its representation within whichever of the following groups is the most appropriate as a basis of comparison, namely,

    • (i) the Canadian workforce, or

    • (ii) those segments of the Canadian workforce that are identifiable on the basis of qualification or eligibility criteria, including the requirements specified in section 7, and from which the Chief of the Defence Staff may reasonably be expected to draw Canadian Forces members.

• Marginal note:Underrepresentation

  (2) In making a determination under paragraph (1)(b), the Chief of the Defence Staff shall use

  • (a) the labour market information made available by the Minister of Labour under subsection 42(3) of the Act; and

  • (b) any other statistically-reliable information that is available to the public and that the Minister of Labour determines relevant.

• Marginal note:Equity plan

  (3) When the Chief of the Defence Staff reviews the employment equity plan, the Chief of the Defence Staff is not required to conduct a new workforce analysis if the results of the previous analysis are up to date as a result of periodic revisions that take into account the updating of the workforce survey results in accordance with section 13.

Marginal note:Powers and compliance audits

• 16 (1) In exercising any powers with respect to the application of the Act or these Regulations to the Canadian Forces, including the powers under sections 22 and 23 of the Act, the Canadian Human Rights Commission, its officers and any other person acting on behalf of or under the direction of the Commission shall take into account

  • (a) the fact that Canadian Forces members who may be members of one or more of the designated groups of aboriginal peoples, persons with disabilities and members of visible minorities, may choose not to identify themselves as such or not to agree to be identified as such;

  • (b) the enrolment, re-engagement and promotion requirements specified in section 7; and

  • (c) the need for the operational effectiveness of the Canadian Forces.

• Marginal note:Member identification

  (2) For greater certainty, in exercising any power or performing any duty or function under the Act or these Regulations, the Chief of the Defence Staff is subject to the obligation under subsection 25(1.3) of the Act not to identify individual members of the Canadian Forces who are members of designated groups and who have not identified themselves as such or agreed to be identified by the Canadian Forces as such.

Marginal note:Analysis summary

17 The Chief of the Defence Staff shall prepare a summary of the results of the workforce analysis for use in the preparation of the employment equity plan required by section 10 of the Act.

Review of Employment Systems, Policies and Practices

Marginal note:Determination

• 18 (1) If the workforce analysis conducted under section 15 indicates that there is underrepresentation of persons in designated groups in any military occupational group, the Chief of the Defence Staff shall review the Canadian Forces employment systems, policies and practices to determine whether any of them is an employment barrier against persons in designated groups.

• Marginal note:Relevant matters

  (2) To determine whether the employment systems, policies and practices that apply to those military occupational groups in which there is underrepresentation of persons in designated groups are employment barriers, the Chief of the Defence Staff shall review them with respect to

  • (a) recruitment, selection and enrolment;

  • (b) training and development;

  • (c) career management and promotions;

  • (d) re-engagement and release; and

  • (e) the reasonable accommodation of the special needs of persons in designated groups.

• Marginal note:New systems

  (3) If, following a review under subsection (2), the Chief of the Defence Staff implements new employment systems, policies and practices relating to the matters referred to in that subsection, the Chief of the Defence Staff shall also review the new employment systems, policies and practices in order to determine whether they are employment barriers against persons in designated groups.

Employment Equity Records

Marginal note:Contents of records

19 In accordance with section 17 of the Act, the Chief of the Defence Staff shall establish and maintain records that contain the following information:

• (a) information indicating, for each Canadian Forces member, whether the member has identified themself as a member of one or more of the designated groups;

• (b) the military occupation of each Canadian Forces member;

• (c) the military rank of each Canadian Forces member as set out in column I of the schedule to the National Defence Act that determines that member’s salary;

• (d) the promotion history of each Canadian Forces member;

• (e) a copy of the workforce survey questionnaire that was provided to each Canadian Forces member and of any other information used in the workforce analysis;

• (f) the summary of the results of the workforce analysis required by section 17;

• (g) the measures undertaken in conducting the employment systems review;

• (h) the employment equity plan of the Canadian Forces and the information used to prepare it;

• (i) the measures undertaken to monitor the implementation of the employment equity plan in accordance with paragraph 12(b) of the Act; and

• (j) the information provided to the Canadian Forces members in accordance with section 14 of the Act.

Marginal note:Retention of records after release

• 20 (1) Subject to subsection 6(3) of the Privacy Act and section 4 of the Privacy Regulations, the records containing the information referred to in paragraphs 19(a) to (d) shall be retained throughout the period during which the person to whom the records relate is employed as a Canadian Forces member and for two years after the date of their release.

• Marginal note:Period of retention

  (2) Subject to subsection 6(3) of the Privacy Act and section 4 of the Privacy Regulations, the records containing the information referred to in paragraphs 19(e) to (j) shall be retained for two years after the period covered by the employment equity plan to which the records relate.

Consultation

Marginal note:Consultation process

• 21 (1) The Chief of the Defence Staff shall consult Canadian Forces members, and may consult representatives of designated groups, to obtain their views on and assistance in any matter concerning

  • (a) the implementation of employment equity in the Canadian Forces workforce and the communication of matters relating to employment equity to Canadian Forces members; and

  • (b) the preparation, implementation and revision of the employment equity plan of the Canadian Forces.

• Marginal note:Consultation mechanism

  (2) The Chief of the Defence Staff shall establish a mechanism for consulting Canadian Forces members.

Compliance

Marginal note:Security requirement

• 22 (1) The Canadian Human Rights Commission, any of its officers and any other person acting on behalf of or under the direction of the Commission, as well as any member of an Employment Equity Review Tribunal established under subsection 28(1) of the Act and any other person acting on behalf of or under the direction of such a Tribunal, who receives or obtains information for the purposes of the Act shall satisfy, with respect to access to and use of that information,

  • (a) any requirements in the regulations, orders and instructions made under the National Defence Act that relate to the security of the places to be entered or the records, books of account or other documents to be examined; and

  • (b) any national security requirements.

• Marginal note:Alternate means

  (2) If the requirements referred to in subsection (1) restrict or limit access to information that is necessary for the application of the Act or these Regulations, the Chief of the Defence Staff shall provide other means, consistent with the regulations, orders and instructions made under the National Defence Act, that will permit the persons described in subsection (1) to carry out their responsibilities under the Act.

Reports

Marginal note:Report

23 The contents of the report required by subparagraphs 21(2)(a)(i), (iii) and (v) of the Act shall be provided using the forms in Schedules 3 to 15 for each reporting period.

Marginal note:Summary of representation

24 The Chief of the Defence Staff shall provide the information required by

• (a) Part 1 of Schedule 5 with respect to the number and degree of representation of officers referred to in subsection 4(1) for the reporting period; and

• (b) Part 2 of Schedule 5 with respect to the number and degree of representation of non-commissioned members referred to in subsection 4(1) for the reporting period.

Marginal note:Representation by category

25 The Chief of the Defence Staff shall provide the information required by

• (a) Schedule 3 with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(a) for the reporting period; and

• (b) Schedule 4 with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(b) for the reporting period.

Marginal note:Military occupational group

26 In the forms set out in Schedules 3 to 5 and 8 to 15, the Chief of the Defence Staff shall indicate the military occupational group of Canadian Forces members by referring to the military occupation that corresponds to the job performed by the members.

Marginal note:Representation by rank

27 The Chief of the Defence Staff shall provide the information required for the reporting period for each military rank set out in column I of the schedule to the National Defence Act

• (a) in the form set out in Schedule 6, the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(a); and

• (b) in the form set out in Schedule 7, the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(b).

Marginal note:Enrolment, promotion, re-engagement and release

• 28 (1) The Chief of the Defence Staff shall provide the information required for the reporting period with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(a)

  • (a) in the form set out in Schedule 8, for enrolments;

  • (b) in the form set out in Schedule 10, for promotions;

  • (c) in the form set out in Schedule 12, for re-engagements; and

  • (d) in the form set out in Schedule 14, for releases.

• (2) The Chief of the Defence Staff shall provide the information required for the reporting period with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(b)

  • (a) in the form set out in Schedule 9, for enrolments;

  • (b) in the form set out in Schedule 11, for promotions;

  • (c) in the form set out in Schedule 13, for re-engagements; and

  • (d) in the form set out in Schedule 15, for releases.

Review

Marginal note:Review

29 After any amendment to the Employment Equity Act or at the end of a period not exceeding five years after the coming into force of these Regulations, and at the end of every five-year period after that, the Chief of the Defence Staff shall conduct a review of the provisions and operation of these Regulations, including the effect of the Regulations.

Coming into Force

Marginal note:Coming into force

30 These Regulations come into force on the day on which they are registered.