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3 (1) Subject to subsections (8) and (9), before preparing an employment equity plan referred to in section 10 of the Act, an employer shall conduct a workforce survey by providing to each employee a workforce survey questionnaire that asks the employee whether the employee is

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• (c) an Aboriginal person.

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(8) An employer is not required to conduct a workforce survey in respect of all or part of its workforce under subsection (1) if

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• (c) responses to the questions in the previous survey were voluntary; and