27 (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
(b) the limits of the second salary quarter shall be as follows:
[...]
(c) the limits of the third salary quarter shall be as follows:
(d) the limits of the fourth salary quarter shall be as follows:
(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.
(3) The employer shall indicate on the applicable Parts of Form 2 the number of employees in each quarter of the salary range as determined under subsections (1) and (2).
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
(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
(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).
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;
(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.
