Employment Equity Regulations (SOR/96-470)

Regulations are current to 2014-09-29 and last amended on 2006-06-01. Previous Versions

 The employer shall prepare a summary of the results of its workforce analysis for use in the preparation of its employment equity plan.

Review of Employment Systems, Policies and Practices

 Where, based on the workforce analysis conducted pursuant to section 6, underrepresentation of persons in designated groups has been identified in any occupational group of the employer’s workforce, the employer shall conduct a review of its employment systems, policies and practices in order to determine whether any of those employment systems, policies and practices is an employment barrier against persons in designated groups.

  •  (1) Subject to section 10, for the purposes of making a determination referred to in section 8, the employer shall, in relation to each occupational group in which underrepresentation referred to in section 8 has been identified, review its employment systems, policies and practices with respect to

    • (a) the recruitment, selection and hiring of employees;

    • (b) the development and training of employees;

    • (c) the promotion of employees;

    • (d) the retention and termination of employees; and

    • (e) the reasonable accommodation of the special needs of members of designated groups.

  • (2) Where, following a review under subsection (1), new employment systems, policies or practices relating to the matters referred to in that subsection are implemented by the employer, the employer shall also review the new employment systems, policies or practices with respect to those matters.

 An employer who, before the coming into force of these Regulations, has conducted a review of its employment systems, policies and practices with respect to the matters referred to in subsection 9(1) in relation to all or part of its workforce is not required to conduct another review with respect to the matters already reviewed if the results of the previous review are likely to be the same as the results that would be achieved by a review undertaken pursuant to subsection 9(1).

Employment Equity Records

 An employer shall establish and maintain the following records:

  • (a) a record of each employee’s designated group membership, if any;

  • (b) a record of each employee’s occupational group classification;

  • (c) a record of each employee’s salary and salary increases;

  • (d) a record of each employee’s promotions;

  • (e) a copy of the workforce survey questionnaire that was provided to the employees and any other information used by the employer in conducting its workforce analysis;

  • (f) the summary of the results of the workforce analysis required by section 7;

  • (g) a description of the activities undertaken by the employer in conducting its employment systems review;

  • (h) the employer’s employment equity plan;

  • (i) a record of the employer’s monitoring of the implementation of its employment equity plan, undertaken in accordance with paragraph 12(b) of the Act; and

  • (j) a record of activities undertaken by the employer and information provided to employees in accordance with section 14 of the Act.