Canadian Forces Employment Equity Regulations

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.