Enforcement of Monetary Penalties
Marginal note:Registration of certificate
40 (1) A certificate issued under subparagraph 39(4)(b)(i) may be registered in the Federal Court and when registered has the same force and effect, and all proceedings may be taken on the certificate, as if the certificate were a judgment in that Court obtained by Her Majesty in right of Canada against the employer named in the certificate for a debt in the amount set out in the certificate.
Marginal note:Recovery of costs and charges
(2) All reasonable costs and charges associated with registration of the certificate are recoverable in like manner as if they were part of the amount determined by the Tribunal under subparagraph 39(4)(b)(i).
(a) defining, for the purposes of the Act, the expressions “employee”, “hired”, “occupational group”, “promoted”, “salary” and “terminated”;
(b) prescribing the manner of calculating the number of employees employed by an employer for the purpose of determining when an employer is considered to employ one hundred or more employees;
(c) governing the collection of information and the conduct of analyses referred to in paragraph 9(1)(a) and the conduct of reviews referred to in paragraph 9(1)(b);
(d) governing the establishment and maintenance of employment equity records referred to in section 17;
(e) prescribing anything that is to be prescribed by this Act; and
(f) generally, for carrying out the purposes and provisions of this Act.
(2) A regulation made pursuant to subsection (1) may be of general application or may apply to a particular employer or group of employers.
Marginal note:Where regulations apply to public sector
(3) No regulation may be made under subsection (1) that applies to the public sector without prior consultation with the Treasury Board.
Marginal note:Inconsistent meanings
(4) No expression defined pursuant to paragraph (1)(a) that applies to the public sector shall be given a meaning that is inconsistent with the meaning that that expression or any similar expression is given under the Public Service Employment Act.
Marginal note:Adaptation of Act to certain portions
(5) The Governor in Council may, taking into account the operational effectiveness of the appropriate portion of the public sector referred to in paragraph (a) or (b), make any regulation that the Governor in Council considers necessary to adapt this Act or the regulations or any provision of this Act or the regulations to accommodate
(6) A regulation made under subsection (5) shall be made on the recommendation of the Treasury Board after consultation with
Marginal note:Requirements may differ
(7) The effect of a regulation made under subsection (5) with respect to any matter may differ from the effect of the Act or the regulations or of any provision of the Act or the regulations with respect to that matter.
- 1995, c. 44, s. 41;
- 2005, c. 10, s. 34.
Marginal note:Powers, duties and functions of Minister
(a) developing and conducting information programs to foster public understanding of this Act and to foster public recognition of the purpose of this Act;
(b) undertaking research related to the purpose of this Act;
(c) promoting, by any means that the Minister considers appropriate, the purpose of this Act;
(d) publishing and disseminating information, issuing guidelines and providing advice to private sector employers and employee representatives regarding the implementation of employment equity; and
(e) developing and conducting programs to recognize private sector employers for outstanding achievement in implementing employment equity.
Marginal note:Federal Contractors Program
(2) The Minister is responsible for the administration of the Federal Contractors Program for Employment Equity.
Marginal note:Labour market information
(3) The Minister shall make available to employers any relevant labour market information that the Minister has respecting designated groups in the Canadian workforce in order to assist employers in fulfilling their obligations under this Act.
- 1995, c. 44, s. 42;
- 2012, c. 19, s. 602.
43 The Minister may authorize those persons employed in the federal public administration whom the Minister considers to be appropriate to exercise any of the powers and perform any of the duties and functions that may be or are required to be exercised or performed by the Minister under this Act or the regulations, and any power exercised or duty or function performed by any person so authorized shall be deemed to have been exercised or performed by the Minister.
- 1995, c. 44, s. 43;
- 2003, c. 22, s. 224(E).
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