Employment Equity Regulations (SOR/96-470)

• 18. (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).

• 19. (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).

20. 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.

21. 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.

• 22. (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.

• 23. (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.