Employment Equity Regulations (SOR/96-470)

Regulations are current to 2013-04-29 and last amended on 2006-06-01. Previous Versions

Employment Equity Regulations

SOR/96-470

EMPLOYMENT EQUITY ACT

Registration 1996-10-23

Employment Equity Regulations

P.C. 1996-1590 1996-10-23

Whereas, pursuant to subsection 41(3) of the Employment Equity ActFootnote a, the Minister of Labour has consulted with the Treasury Board on the annexed Employment Equity Regulations as they apply to the public sector;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the President of the Treasury Board, pursuant to subsection 9(1), section 17, subsections 18(1) and (5), subparagraph 39(4)(b)(i) and subsection 41(1) of the Employment Equity ActFootnote a, hereby makes the annexed Employment Equity Regulations.

INTERPRETATION

  • 1. (1) The definitions in this subsection apply in these Regulations.

    “Act”

    “Act” means the Employment Equity Act. (Loi)

    “designated CMA”

    “designated CMA” means a census metropolitan area referred to in Schedule I and set out in the Statistics Canada publication entitled Standard Geographical Classification SGC 2001, published in March 2002, as amended from time to time. (RMR désignée)

    “employment equity report”

    “employment equity report” means a report that a private sector employer is required to file under section 18 of the Act. (rapport sur l’équité en matière d’emploi)

    “former Regulations”

    “former Regulations” means the Employment Equity Regulations made pursuant to the Employment Equity Act, R.S., c. 23 (2nd Supp.). (ancien règlement)

    “permanent full-time employee”

    “permanent full-time employee” means a person who is employed for an indeterminate period by a private sector employer to regularly work the standard number of hours fixed by the employer for employees in the occupational group in which the person is employed. (salarié permanent à plein temps)

    “permanent part-time employee”

    “permanent part-time employee” means a person who is employed for an indeterminate period by a private sector employer to regularly work fewer than the standard number of hours fixed by the employer for employees in the occupational group in which the person is employed. (salarié permanent à temps partiel)

    “reporting period”

    “reporting period” means the calendar year in respect of which an employment equity report is filed. (période de rapport)

    “temporary employee”

    “temporary employee” means a person who is employed on a temporary basis by a private sector employer for any number of hours within a fixed period or periods totalling 12 weeks or more during a calendar year, but does not include a person in full-time attendance at a secondary or post-secondary educational institution who is employed during a school break. (salarié temporaire)

  • (2) For the purposes of the Act,

    “employee”

    “employee”, in respect of

    • (a) a private sector employer, means a person who is employed by the employer, but does not include a person employed on a temporary or casual basis for fewer than 12 weeks in a calendar year;

    • (b) a portion of the public service of Canada referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, means a person who has been appointed or deployed to that portion pursuant to that Act, but does not include

      • (i) a person appointed on a casual basis pursuant to section 21.2 of that Act, or

      • (ii) a person appointed for a period of less than three months; and

    • (c) a portion of the public service of Canada referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, means a person appointed to that portion in accordance with the enactment establishing that portion, but does not include a person employed on a temporary or casual basis for a period of less than three months. (salarié)

    “hired”

    “hired”, in respect of

    • (a) an employee employed by a private sector employer, means engaged by the employer;

    • (b) an employee employed in a portion of the public service of Canada referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, means initially appointed to the public service of Canada pursuant to that Act; and

    • (c) an employee employed in a portion of the public service of Canada referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, means initially appointed in the manner provided in the enactment establishing that portion. (recrutement)

    “occupational group”

    “occupational group”, in respect of

    • (a) the workforce of a private sector employer or a portion of the public service of Canada referred to in paragraph 4(1)(c) of the Act, means an occupational group set out in column I of an item of Schedule II; and

    • (b) a portion of the public service of Canada referred to in paragraph 4(1)(b) of the Act, means an occupational group set out in column I of an item of Schedule III. (catégorie professionnelle)

    “promoted”

    “promoted”, in respect of

    • (a) an employee employed in a portion of the public service of Canada referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, has the meaning that corresponds to the definition “promotion” in subsection 2(2) of the Public Service Employment Regulations;

    • (b) an employee employed in a portion of the public service of Canada referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, has the meaning customarily used by that portion; and

    • (c) an employee employed by a private sector employer, means permanently moved from one position or job in the employer’s organization to another position or job that

      • (i) has a higher salary or a higher salary range than the salary or salary range of the position or job previously held by the employee, and

      • (ii) ranks higher in the organizational hierarchy of the employer,

      and includes a reclassification of the employee’s position or job where the reclassified position or job meets the requirements of subparagraphs (i) and (ii). (avancement)

    “salary”

    “salary”, in respect of

    • (a) a private sector employer, means remuneration paid for work performed by an employee in the form of salary, wages, commissions, tips, bonuses and piece rate payments, rounded to the nearest dollar, but does not include overtime wages;

    • (b) a portion of the public service of Canada referred to in paragraph 4(1)(b) of the Act, means the rate of pay paid to an employee under a collective agreement or the rate approved by Treasury Board under any other applicable pay authority; and

    • (c) a portion of the public service of Canada referred to in paragraph 4(1)(c) of the Act, means the rate of pay paid to an employee under a collective agreement or any other applicable pay authority. (rémunération)

    “terminated”

    “terminated”, in respect of an employee, means retired, resigned, laid off, dismissed or otherwise having ceased to be an employee, but does not include laid off temporarily or absent by reason of illness, injury or a labour dispute. (cessation de fonctions)

  • SOR/2006-120, s. 1.
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