Canadian Forces Employment Equity Regulations (SOR/2002-421)

Regulations are current to 2017-10-13

Canadian Forces Employment Equity Regulations

SOR/2002-421

EMPLOYMENT EQUITY ACT

Registration 2002-11-21

Canadian Forces Employment Equity Regulations

P.C. 2002-1957  2002-11-21

Whereas, pursuant to paragraph 4(1)(d) of the Employment Equity ActFootnote a, the Canadian Forces have been specified as a portion of the public sector employing one hundred or more employees by Order in Council P.C. 2002-1956 of November 21, 2002;

And whereas, pursuant to subsections 41(5) and (6) of that Act, the Governor in Council, on the recommendation of the Treasury Board and the Minister of Labour, after consultation with the Minister of National Defence, considers it necessary to make regulations to adapt the provisions of that Act to accommodate the Canadian Forces, taking into account their operational effectiveness;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Treasury Board and the Minister of Labour, pursuant to section 41 of the Employment Equity ActFootnote a, hereby makes the annexed Canadian Forces Employment Equity Regulations.

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in these Regulations.

    Act

    Loi

    Act means the Employment Equity Act. (Loi)

    Canadian Forces member

    membre des Forces canadiennes

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

    military occupation

    groupe professionnel militaire

    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

    catégorie professionnelle militaire

    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

    période de rapport

    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

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

employee

salarié

employee means a Canadian Forces member. (salarié)

hired

recrutement, engagement ou embauche

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

occupational group

catégorie professionnelle

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

promoted

avancement ou promotion

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

salary

rémunération

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

cessation de fonctions ou cessation d’emploi

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
  •  (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
  •  (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

 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

 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

 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

 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

 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
  •  (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.

 
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