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Marginal note:Powers and compliance audits

• 16 (1) In exercising any powers with respect to the application of the Act or these Regulations to the Canadian Forces, including the powers under sections 22 and 23 of the Act, the Canadian Human Rights Commission, its officers and any other person acting on behalf of or under the direction of the Commission shall take into account

  • (a) the fact that Canadian Forces members who may be members of one or more of the designated groups of aboriginal peoples, persons with disabilities and members of visible minorities, may choose not to identify themselves as such or not to agree to be identified as such;

• Marginal note:Member identification

  (2) For greater certainty, in exercising any power or performing any duty or function under the Act or these Regulations, the Chief of the Defence Staff is subject to the obligation under subsection 25(1.3) of the Act not to identify individual members of the Canadian Forces who are members of designated groups and who have not identified themselves as such or agreed to be identified by the Canadian Forces as such.

Marginal note:Powers and compliance audits

• 16 (1) In exercising any powers with respect to the application of the Act or these Regulations to the Canadian Forces, including the powers under sections 22 and 23 of the Act, the Canadian Human Rights Commission, its officers and any other person acting on behalf of or under the direction of the Commission shall take into account

  • (a) the fact that Canadian Forces members who may be members of one or more of the designated groups of Aboriginal peoples, persons with disabilities and members of visible minorities, may choose not to identify themselves as such or not to agree to be identified as such;

• Marginal note:Member identification

  (2) For greater certainty, in exercising any power or performing any duty or function under the Act or these Regulations, the Chief of the Defence Staff is subject to the obligation under subsection 25(1.3) of the Act not to identify individual members of the Canadian Forces who are members of designated groups and who have not identified themselves as such or agreed to be identified by the Canadian Forces as such.

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Marginal note:Definitions for the purposes of the Act

2 For the purposes of the Act insofar as it applies to the Canadian Forces,

hired

hired  means enrolled as a Canadian Forces member under section 20 of the National Defence Act. (recrutement, engagement ou embauche)

terminated

terminated  has the same meaning as release  in subsection 2(1) of the National Defence Act. (cessation de fonctions ou cessation d’emploi)

Marginal note:Security requirement

• 22 (1) The Canadian Human Rights Commission, any of its officers and any other person acting on behalf of or under the direction of the Commission, as well as any member of an Employment Equity Review Tribunal established under subsection 28(1) of the Act and any other person acting on behalf of or under the direction of such a Tribunal, who receives or obtains information for the purposes of the Act shall satisfy, with respect to access to and use of that information,

  [...]

19 In accordance with section 17 of the Act, the Chief of the Defence Staff shall establish and maintain records that contain the following information:

• (a) information indicating, for each Canadian Forces member, whether the member has identified themself as a member of one or more of the designated groups;

• [...]

• (c) the military rank of each Canadian Forces member as set out in column I of the schedule to the National Defence Act that determines that member’s salary;