Employment Equity Regulations (SOR/96-470)

Regulations are current to 2016-06-21 and last amended on 2006-06-01. Previous Versions

Prescribed Instructions

General

  •  (1) For the 2004 calendar year, an employment equity report shall be completed using the forms prescribed by subsection 15(2) and in accordance with the instructions set out in this section and in sections 9 to 16 and 18 to 20.

  • (2) In circumstances other than in the one provided for in subsection 18(3) of the Act, for the 2004 calendar year, an employment equity report shall be sent to the address specified by the Minister under subsection 19(1) and, for the purposes of subsection 18(1) of the Act, the employment equity report is deemed to be filed with the Minister on the day on which it is received at that address.

  • SOR/2006-120, s. 3.
  •  (1) For the 2005 calendar year and subsequent calendar years, an employment equity report shall be completed

    • (a) using Forms 1 to 6 of Schedule VI provided to the employer by the Minister, or documents that conform to the format and contain all of the information set out in those Forms; and

    • (b) in accordance with the instructions set out in sections 19 to 31.

  • (2) In these Regulations, a reference to a form includes a reference to a document referred to in paragraph (1)(a).

  • SOR/2006-120, s. 4.
  •  (1) An employment equity report shall be sent by the employer to the address specified in writing by the Minister.

  • (2) In circumstances other than in the one provided for in subsection 18(3) of the Act, for the purposes of subsection 18(1) of the Act, an employment equity report is deemed to be filed with the Minister on the day on which it is received at the address specified by the Minister under subsection (1).

  • SOR/2006-120, s. 5.

 Where an item of information requested on a form is not applicable in the case of an employer, the employer shall so indicate using the phrase “Not Applicable”, the abbreviation “N/A” or a brief explanatory statement.

 An employer, in completing Forms 1 to 3 of Schedule VI, shall report the required information with respect to the number of employees employed by the employer

  • (a) in the case of permanent full-time and permanent part-time employees, as of December 31 of the calendar year; and

  • (b) in the case of temporary employees, as of the date in the calendar year on which the number of temporary employees was the greatest.

  •  (1) An employer, in completing Forms 2, 4, 5 and 6 of Schedule VI, shall indicate the occupational group in which an employee is employed, as set out in column I of an item of Schedule II, by referring to the occupational unit group set out in column II of that item that most accurately describes the job performed by the employee.

  • (2) If an employer is in doubt as to the appropriate occupational unit group into which an employee falls, the employer shall refer to the description of occupation set out in the National Occupational Classification: Occupational Descriptions, published by the Department of Human Resources Development Canada in 2001, as amended from time to time, under the applicable NOC Code set out in column III of Schedule II.

  • SOR/2006-120, s. 6.

Form 1

  •  (1) An employer shall indicate on Form 1 of Schedule VI the industrial sector in which employees are employed by selecting the appropriate industrial group description set out in column II of Schedule VII.

  • (2) An employer shall indicate on Form 1 the industrial sector with the greatest number of employees in the box entitled “Industrial Sector 1” and other industrial sectors in decreasing order of their number of employees.

  • (3) Where the employees of an employer are employed in more than four industrial sectors, the employer shall indicate the additional industrial sectors and the number of employees in each of those sectors on a separate page attached to Form 1.

Form 2

  •  (1) Subject to subsection (2), for each industrial sector indicated by an employer on Form 1 of Schedule VI, the employer shall complete the applicable Parts of Form 2 of that Schedule in respect of all employees of the employer in Canada for each of the following employment status categories:

    • (a) permanent full-time employees;

    • (b) permanent part-time employees; and

    • (c) temporary employees, where the number of temporary employees at any time during the reporting period constitutes 20% or more of the employer’s workforce.

  • (2) Where the number of employees in an industrial sector indicated by an employer on Form 1, other than industrial sector 1, is less than 1,000, the employer shall group those employees with the employees in industrial sector 1.

 In addition to the Parts of Form 2 referred to in subsection 24(1), the applicable Parts of Form 2 shall be completed by an employer in respect of employees who are employed in an industrial sector for which the employer is required to report separately and in respect of employees who are grouped in industrial sector 1 in accordance with subsection 24(2)

  • (a) for each province or territory where the total number of employees of the employer is 100 or more at any time during the reporting period; and

  • (b) for each designated CMA where the total number of employees of the employer is 100 or more at any time during the reporting period.

  •  (1) Subject to subsections (2) to (4), for the purpose of indicating the salary ranges of employees on Form 2, an employer shall determine the salary ranges of employees in the following manner and sequence:

    • (a) the employer shall determine the highest and lowest salaries of the employees in each occupational group;

    • (b) using the table of salary sections set out in Schedule VIII, the employer shall determine the salary sections into which the highest and lowest salaries referred to in paragraph (a) fall; and

    • (c) the employer shall indicate the salary range of the employees in each occupational group using the appropriate salary sections referred to in paragraph (b) to represent the highest and lowest salaries of the employees in the occupational group.

  • (2) Subject to subsection (3), an employer, in determining for the purpose of paragraph (1)(a) the highest and lowest salaries of permanent full-time or permanent part-time employees who worked part of a reporting period but less than the entire reporting period as a result of being hired or absent on unpaid leave granted at the employee’s request, shall annualize the salary of each of those employees by

    • (a) dividing the amount of the salary paid to the employee during the period worked by the number of pay periods in that period; and

    • (b) multiplying the amount calculated under paragraph (a) by the number of pay periods in the reporting period.

  • (3) An employer, in determining for the purpose of paragraph (1)(a) the highest and lowest salaries of employees who were promoted during the reporting period, shall annualize the salary of each of those employees by

    • (a) dividing the amount of the salary paid to the employee during the period in which the employee occupied the last position or job to which they were promoted in the reporting period, by the number of pay periods in that period; and

    • (b) multiplying the amount calculated under paragraph (a) by the number of pay periods in the reporting period.

  • (4) Where the lowest salary of the employees in an occupational group is $100,000 or more, the employer shall leave blank the space on Form 2 for indicating the highest salary of the employees in the occupational group.

  •  (1) For the purpose of completing Form 2, an employer shall determine the four quarters of the salary range of the employees in each occupational group by dividing the difference between the highest and lowest salaries of the employees in the occupational group, as determined in accordance with paragraph 26(1)(a) and subsections 26(2) and (3), by four, and by rounding the result to the nearest dollar.

  • (2) For the purposes of subsection (1),

    • (a) the limits of the first salary quarter shall be as follows:

      • (i) the lower limit is the lowest salary of the employees in the occupational group, as determined in accordance with paragraph 26(1)(a) and subsections 26(2) and (3), and

      • (ii) the upper limit is the total of the amount referred to in subparagraph (i) and the amount calculated under subsection (1);

    • (b) the limits of the second salary quarter shall be as follows:

      • (i) the lower limit is the amount calculated under subparagraph (a)(ii) plus one dollar, and

      • (ii) the upper limit is the total of the amount calculated under subparagraph (a)(ii) and the amount calculated under subsection (1);

    • (c) the limits of the third salary quarter shall be as follows:

      • (i) the lower limit is the amount calculated under subparagraph (b)(ii) plus one dollar, and

      • (ii) the upper limit is the total of the amount calculated under subparagraph (b)(ii) and the amount calculated under subsection (1); and

    • (d) the limits of the fourth salary quarter shall be as follows:

      • (i) the lower limit is the amount calculated under subparagraph (c)(ii) plus one dollar, and

      • (ii) the upper limit is the highest salary of the employees in the occupational group, as determined in accordance with paragraph 26(1)(a) and subsections 26(2) and (3).

  • (3) An employer shall indicate on the applicable Parts of Form 2 the number of employees in each quarter of the salary range as determined in accordance with subsection (1) on the basis of the salary of each employee determined in accordance with paragraph 26(1)(a) or, in the case of an employee referred to in subsection 26(2) or (3), on the basis of the annualized salary of the employee calculated in accordance with that subsection.

 
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