Marginal note:Compliance audits
22. (1) The Commission is responsible for the enforcement of the obligations imposed on employers by sections 5, 9 to 15 and 17.
Marginal note:Guiding policy
(2) The Commission shall, in discharging its responsibility under subsection (1), be guided by the policy that, wherever possible, cases of non-compliance be resolved through persuasion and the negotiation of written undertakings pursuant to subsection 25(1) and that directions be issued under subsection 25(2) or (3) and applications for orders be made under subsection 27(2) only as a last resort.
Marginal note:Compliance officers designated
(3) The Commission may designate any person or category of persons as employment equity compliance review officers for the purposes of conducting compliance audits of employers.
Marginal note:Where compliance officer may not act
(4) No person who has been designated as an investigator under section 43 of the Canadian Human Rights Act to investigate a complaint under that Act in respect of an employer may, during the investigation, conduct a compliance audit of that employer.
Marginal note:Delegation by Commission
(5) The Commission may authorize any officer or employee of the Commission whom the Commission considers appropriate to exercise any power and perform any duty or function of the Commission under this Act and any power so exercised and any duty or function so performed shall be deemed to have been exercised or performed by the Commission.
Marginal note:Powers of compliance officers
23. (1) For the purposes of ensuring compliance with the provisions referred to in subsection 22(1), a compliance officer may conduct a compliance audit of an employer and, for that purpose, may
(a) at any reasonable time, enter any place in which the officer believes on reasonable grounds there is any thing relevant to the enforcement of any of those provisions; and
(b) require any person to produce for examination or copying any record, book of account or other document that the officer believes on reasonable grounds contains information that is relevant to the enforcement of any of those provisions.
Marginal note:Data processing systems and copying equipment
(2) In conducting a compliance audit, a compliance officer may
(a) reproduce or cause to be reproduced any record from a data processing system in the form of a print-out or other intelligible output and remove the print-out or other output for examination and copying; and
(b) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document.
Marginal note:Certificate to be produced
(3) Compliance officers shall be furnished with certificates in a form established by the Commission certifying their designation as compliance officers and, on entering a place under paragraph (1)(a), a compliance officer shall show the certificate to the person in charge of the place if the person requests proof of the officer’s designation.
Marginal note:Assistance to compliance officers
(4) The person in charge of a place entered pursuant to paragraph (1)(a) and every person found in the place shall
(a) give the compliance officer all reasonable assistance to enable the officer to exercise the powers conferred on compliance officers by this section; and
(b) provide the officer with any information relevant to the enforcement of this Act that the officer may reasonably require.
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