Employment Equity Act (S.C. 1995, c. 44)

9. (1) For the purpose of implementing employment equity, every employer shall

• (a) collect information and conduct an analysis of the employer’s workforce, in accordance with the regulations, in order to determine the degree of the underrepresentation of persons in designated groups in each occupational group in that workforce; and

• (b) conduct a review of the employer’s employment systems, policies and practices, in accordance with the regulations, in order to identify employment barriers against persons in designated groups that result from those systems, policies and practices.

(2) Only those employees who identify themselves to an employer, or agree to be identified by an employer, as aboriginal peoples, members of visible minorities or persons with disabilities are to be counted as members of those designated groups for the purposes of implementing employment equity.

(3) Information collected by an employer under paragraph (1)(a) is confidential and shall be used only for the purpose of implementing the employer’s obligations under this Act.

10. (1) The employer shall prepare an employment equity plan that

• (a) specifies the positive policies and practices that are to be instituted by the employer in the short term for the hiring, training, promotion and retention of persons in designated groups and for the making of reasonable accommodations for those persons, to correct the underrepresentation of those persons identified by the analysis under paragraph 9(1)(a);

• (b) specifies the measures to be taken by the employer in the short term for the elimination of any employment barriers identified by the review under paragraph 9(1)(b);

• (c) establishes a timetable for the implementation of the matters referred to in paragraphs (a) and (b);

• (d) where underrepresentation has been identified by the analysis, establishes short term numerical goals for the hiring and promotion of persons in designated groups in order to increase their representation in each occupational group in the workforce in which underrepresentation has been identified and sets out measures to be taken in each year to meet those goals;

• (e) sets out the employer’s longer term goals for increasing the representation of persons in designated groups in the employer’s workforce and the employer’s strategy for achieving those goals; and

• (f) provides for any other matter that may be prescribed.

(2) In establishing the short term numerical goals referred to in paragraph (1)(d), every employer shall consider

• (a) the degree of underrepresentation of persons in each designated group in each occupational group within the employer’s workforce;

• (b) the availability of qualified persons in designated groups within the employer’s workforce and in the Canadian workforce;

• (c) the anticipated growth or reduction of the employer’s workforce during the period in respect of which the numerical goals apply;

• (d) the anticipated turnover of employees within the employer’s workforce during the period in respect of which the numerical goals apply; and

• (e) any other factor that may be prescribed.

(3) In this section, “short term” means a period of not less than one year and not more than three years, and “longer term” means a period of more than three years.