4. The employer shall ensure that there is a means of identifying, on the workforce survey questionnaire, the employee who returns it, whether by name or otherwise.
5. The employer shall keep the workforce survey results up to date by
(a) providing a workforce survey questionnaire
(i) to an employee when the employee begins employment,
(ii) to an employee who wishes to change any information previously submitted on a questionnaire, or
(iii) to an employee who requests it;
(b) making necessary adjustments to the survey results to take into account the responses to the questionnaires referred to in paragraph (a); and
(c) making necessary adjustments to the survey results to take into account members of designated groups who have been terminated.
6. (1) Based on the information collected under sections 3 to 5, and on relevant information contained in any other employment records maintained by the employer, the employer shall conduct an analysis of its workforce in order to
(a) determine the following for each occupational group of the employer’s workforce, namely,
(i) the number of persons who are aboriginal peoples,
(ii) the number of persons who are persons with disabilities,
(iii) the number of persons who are members of visible minorities, and
(iv) the number of women; and
(b) determine the degree of underrepresentation of the persons referred to in paragraph (a) by comparing the representation of each designated group in each occupational group of the employer’s workforce to their representation in each occupational group in whichever of the following is the most appropriate as a basis of comparison, namely,
(i) the Canadian workforce as a whole, or
(ii) those segments of the Canadian workforce that are identifiable by qualification, eligibility or geography, and from which the employer may reasonably be expected to draw employees.
(2) In making a determination under paragraph (1)(b), the employer shall use the labour market information made available by the Minister under section 42(3) of the Act, or information from other sources that is determined by the Minister to be relevant labour market information, in order to determine the representation, in the geographic area or areas from which the employer may reasonably be expected to draw employees, of workers who are members of designated groups and who are qualified or eligible for the jobs within each occupational group of the employer’s workforce.
(3) An employer who has already conducted an analysis of all or part of its workforce before the coming into force of these Regulations is not required to conduct another analysis of all or that part of its workforce, if
(a) the results of the previous analysis are up to date as a result of periodic revisions that have taken into account the updating of the workforce survey results in accordance with section 5; and
(b) the results of the previous analysis are likely to be the same as the results that would be achieved by an analysis undertaken pursuant to subsections (1) and (2).
(4) Where an employer replaces its employment equity plan with a new plan, the employer is not required to conduct a new workforce analysis if the results of the previous analysis have been kept up to date by means of periodic revisions that have taken into account the updating of the workforce survey results in accordance with section 5.
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