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Employment Equity Regulations (SOR/96-470)

Regulations are current to 2022-09-22 and last amended on 2021-01-01. Previous Versions

Employment Equity Regulations

SOR/96-470

EMPLOYMENT EQUITY ACT

Registration 1996-10-23

Employment Equity Regulations

P.C. 1996-1590 1996-10-23

Whereas, pursuant to subsection 41(3) of the Employment Equity ActFootnote a, the Minister of Labour has consulted with the Treasury Board on the annexed Employment Equity Regulations as they apply to the public sector;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the President of the Treasury Board, pursuant to subsection 9(1), section 17, subsections 18(1) and (5), subparagraph 39(4)(b)(i) and subsection 41(1) of the Employment Equity ActFootnote a, hereby makes the annexed Employment Equity Regulations.

Interpretation

  •  (1) The definitions in this subsection apply in these Regulations.

    Act

    Act means the Employment Equity Act. (Loi)

    bonus pay

    bonus pay, in respect of a private sector employer, means any additional remuneration paid to an employee as a result of profit sharing, productivity, performance, commissions or any other incentives. (prime)

    designated CMA

    designated CMA[Repealed, SOR/2020-236, s. 1]

    employment equity report

    employment equity report means a report that a private sector employer is required to file under section 18 of the Act. (rapport sur l’équité en matière d’emploi)

    former Regulations

    former Regulations[Repealed, SOR/2020-236, s. 1]

    overtime hours

    overtime hours, in respect of a private sector employer, means the hours worked by an employee, in excess of the standard hours of work, for which the employee received overtime pay. (heures supplémentaires)

    overtime pay

    overtime pay, in respect of a private sector employer, means any remuneration paid for the hours worked by an employee in excess of the standard hours of work. (paie d’heures supplémentaires)

    permanent full-time employee

    permanent full-time employee means a person who is employed for an indeterminate period by a private sector employer to regularly work the standard number of hours fixed by the employer for employees in the occupational group in which the person is employed. (salarié permanent à plein temps)

    permanent part-time employee

    permanent part-time employee means a person who is employed for an indeterminate period by a private sector employer to regularly work fewer than the standard number of hours fixed by the employer for employees in the occupational group in which the person is employed. (salarié permanent à temps partiel)

    reporting period

    reporting period means the calendar year in respect of which an employment equity report is filed. (période de rapport)

    temporary employee

    temporary employee means a person who is employed on a temporary basis by a private sector employer for any number of hours within a fixed period or periods totalling 12 weeks or more during a calendar year, but does not include a person in full-time attendance at a secondary or post-secondary educational institution who is employed during a school break. (salarié temporaire)

  • (2) For the purposes of the Act,

    employee

    employee, in respect of

    • (a) a private sector employer, means a person who is employed by the employer, but does not include a person employed on a temporary or casual basis for fewer than 12 weeks in a calendar year;

    • (b) a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, means a person who has been appointed or deployed to that portion pursuant to that Act, but does not include

      • (i) a person appointed as a casual worker under subsection 50(1) of that Act, or

      • (ii) a person appointed for a period of less than three months; and

    • (c) a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, means a person appointed to that portion in accordance with the enactment establishing that portion, but does not include a person employed on a temporary or casual basis for a period of less than three months. (salarié)

    hired

    hired, in respect of

    • (a) an employee employed by a private sector employer, means engaged by the employer;

    • (b) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, means initially appointed to the federal public administration in accordance with that Act except in the case of a person appointed as a casual worker under subsection 50(1) of that Act; and

    • (c) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, means initially appointed in the manner provided in the enactment establishing that portion. (recrutement)

    occupational group

    occupational group, in respect of

    • (a) the workforce of a private sector employer or a portion of the federal public administration referred to in paragraph 4(1)(c) of the Act, means an occupational group set out in column I of Schedule II; and

    • (b) a portion of the federal public administration referred to in paragraph 4(1)(b) of the Act, means an occupational group set out in column I of Schedule III. (catégorie professionnelle)

    promoted

    promoted, in respect of

    • (a) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, has the same meaning as the definition promotion in section 3 of the Definition of Promotion Regulations;

    • (b) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, has the meaning customarily used by that portion; and

    • (c) an employee employed by a private sector employer, means permanently moved from one position or job in the employer’s organization to another position or job that

      • (i) has a higher salary or a higher salary range than the salary or salary range of the position or job previously held by the employee, and

      • (ii) ranks higher in the organizational hierarchy of the employer,

      and includes a reclassification of the employee’s position or job where the reclassified position or job meets the requirements of subparagraphs (i) and (ii). (avancement)

    salary

    salary, in respect of

    • (a) a private sector employer, means remuneration paid for work performed by an employee, before deductions, in the form of basic pay, pay for piecework, shift premiums, bonus pay and overtime pay, but does not include benefits, securities, severance pay or termination pay, vacation pay, payment in kind, supplementary payments, allowances, retroactive payments, reimbursements for employment expenses or compensation for extra-duty services other than overtime pay;

    • (b) a portion of the federal public administration referred to in paragraph 4(1)(b) of the Act, means the rate of pay paid to an employee under a collective agreement or the rate approved by Treasury Board under any other applicable pay authority; and

    • (c) a portion of the federal public administration referred to in paragraph 4(1)(c) of the Act, means the rate of pay paid to an employee under a collective agreement or any other applicable pay authority. (rémunération)

    terminated

    terminated, in respect of an employee, means retired, resigned, laid off, dismissed or otherwise having ceased to be an employee, but does not include laid off temporarily or absent by reason of illness, injury or a labour dispute. (cessation de fonctions)

PART IGeneral

Calculation of Number of Employees

 For the purpose of determining when an employer is considered to employ 100 or more employees,

  • (a) the number of employees of a private sector employer shall be calculated on the basis of the number at the time in a calendar year when the number of employees is the greatest; and

  • (b) the number of employees employed in a portion of the federal public administration referred to in paragraph 4(1)(c) of the Act shall be calculated on the basis of the number at the time in a fiscal year when the number of employees employed in that portion is the greatest.

Collection of Workforce Information

  •  (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

    • (a) a member of a visible minority;

    • (b) a person with a disability; or

    • (c) an Aboriginal person.

  • (2) The questionnaire shall contain the definitions Aboriginal peoples, members of visible minorities and persons with disabilities set out in section 3 of the Act to help the employee respond to the questionnaire.

  • (3) [Repealed, SOR/2020-236, s. 2]

  • (4) The employer shall inform each employee, either on the questionnaire or in a notice accompanying the questionnaire, that a person may be a member of more than one designated group.

  • (5) The questionnaire may include additional questions relating to employment equity.

  • (6) The questionnaire shall indicate that

    • (a) responses to the questions on the questionnaire are voluntary; and

    • (b) the information collected in the questionnaire is confidential and will only be used by or be disclosed to other persons within the employer’s organization in order for the employer to carry out its obligations under the Act.

  • (7) Paragraph (6)(a) shall not be construed as precluding an employer from requiring each employee to return the questionnaire to the employer.

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

    • (a) before the coming into force of these Regulations, the employer has already conducted a survey in respect of all or that part of its workforce to determine whether the employees belong to any of the designated groups referred to in that subsection;

    • (b) the previous survey had questions and was conducted in a manner that achieved results that are likely to be as accurate as the results that would be achieved using a workforce survey questionnaire under this section;

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

    • (d) the survey results have been kept up to date in accordance with section 5.

  • (9) Where an employer replaces its employment equity plan with a new plan, the employer is not required to conduct a new workforce survey if the previous survey results have been kept up to date in accordance with section 5.

 The employer shall ensure that there is a means of identifying, on the workforce survey questionnaire, the employee who returns it, whether by name or otherwise.

 The employer shall keep the workforce survey results up to date by

  • (a) providing a workforce survey questionnaire

    • (i) to an employee when the employee begins employment,

    • (ii) to an employee who wishes to change any information previously submitted on a questionnaire, or

    • (iii) to an employee who requests it;

  • (b) making necessary adjustments to the survey results to take into account the responses to the questionnaires referred to in paragraph (a); and

  • (c) making necessary adjustments to the survey results to take into account members of designated groups who have been terminated.

Workforce Analysis

  •  (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

    • (a) determine the following for each occupational group of the employer’s workforce, namely,

      • (i) the number of persons who are Aboriginal peoples,

      • (ii) the number of persons who are persons with disabilities,

      • (iii) the number of persons who are members of visible minorities, and

      • (iv) the number of women; and

    • (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

      • (ii) those segments of the Canadian workforce that are identifiable by qualification, eligibility or geography, and from which the employer may reasonably be expected to draw employees.

  • (2) In making a determination under paragraph (1)(b), the employer shall use the labour market information made available by the Minister under section 42(3) of the Act, or information from other sources that is determined by the Minister to be relevant labour market information, in order to determine the representation, in the geographic area or areas from which the employer may reasonably be expected to draw employees, of workers who are members of designated groups and who are qualified or eligible for the jobs within each occupational group of the employer’s workforce.

  • (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).

  • (4) Where an employer replaces its employment equity plan with a new plan, the employer is not required to conduct a new workforce analysis if the results of the previous analysis have been kept up to date by means of periodic revisions that have taken into account the updating of the workforce survey results in accordance with section 5.

 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;

  • (c.1) for each employee employed by a private sector employer, a record containing the information referred to in paragraphs 25.1(a) to (f);

  • (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.

  •  (1) Records referred to in paragraphs 11(a) to (d) in respect of terminated employees shall be kept for two years after the date of their termination.

  • (2) Records referred to in paragraphs 11(e) to (j) shall be kept for two years after the period covered by the employment equity plan to which the records relate.

  • (3) If a private sector employer generates its annual employment equity report required by subsection 18(1) of the Act using an application or specially designed software provided by the Government of Canada for employment equity reporting purposes, the employer shall retain a copy of the database or other computer record used to generate the report for two years after the year in respect of which the report is filed.

Tribunal Certificate

 The form set out in Schedule V is the prescribed form of the Tribunal certificate for the purpose of subparagraph 39(4)(b)(i) of the Act.

PART IIPrivate Sector Employer Report

Application

 This Part applies in respect of the report required to be filed by private sector employers under section 18 of the Act.

Prescriptions

 In these Regulations, a reference to any of Forms 1 to 6 is to be read as a reference to a Form set out in the document entitled Employment Equity Forms 2021, prepared by the Department of Employment and Social Development and published on its website.

  •  (1) Forms 1 to 6 are prescribed for the purpose of filing a report referred to in subsection 18(1) of the Act.

  • (2) [Repealed, SOR/2020-236, s. 6]

  • (3) For the purposes of paragraph 18(1)(c) of the Act, a prescribed subdivision of a salary range is a quarter of a salary range.

  •  (1) An employment equity report shall contain the following statement certifying the accuracy of the information contained in it:

    “I, (name), certify on behalf of (legal name of employer) that the information contained in Forms 1 to 6 of this report is true and accurate in every respect, to the best of my knowledge and belief.

    Date blank lineSignature”

  • (2) Where an employment equity report is filed on behalf of a corporation, the statement referred to in subsection (1) shall be signed by a senior officer of the corporation.

Prescribed Instructions

General

 [Repealed, SOR/2020-236, s. 8]

 For each calendar year, an employment equity report shall be completed using Forms 1 to 6 and in accordance with the instructions set out in sections 20 to 31.

 In circumstances other than the one referred to in subsection 18(3) of the Act, for the purposes of subsection 18(1) of the Act, an employment equity report is deemed to have been filed with the Minister on the day on which the Minister receives it.

 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.

 An employer, in completing Forms 1 to 3, 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.

 An employer, in completing Forms 2 and 4 to 6, shall indicate the occupational group in which an employee is employed, as set out in column I of Schedule II, by referring to the occupational unit group set out in column II that most accurately describes the job performed by the employee.

Form 1

  •  (1) An employer shall indicate on Form 1 the industrial sector in which employees are employed by selecting the appropriate industry group description set out in the North American Industry Classification System (NAICS) Canada, developed and administered by Statistics Canada and the statistical agencies of Mexico and the United States and published by authority of the Minister responsible for Statistics Canada, as amended from time to time.

  • (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.

Form 2

  •  (1) Subject to subsection (2), for each industrial sector indicated by an employer on Form 1, the employer shall complete the applicable Parts of Form 2 in respect of all employees of the employer in Canada for each of the following employment status categories:

    • (a) permanent full-time employees;

    • (b) permanent part-time employees; and

    • (c) temporary employees, where the number of temporary employees at any time during the reporting period constitutes 20% or more of the employer’s workforce.

  • (2) Where the number of employees in an industrial sector indicated by an employer on Form 1, other than industrial sector 1, is less than 1,000, the employer shall group those employees with the employees in industrial sector 1.

  • (3) An employer who has completed the applicable Parts of Form 2 separately for more than one industrial sector under subsection (1) shall also consolidate the information provided and complete the applicable Parts of Form 2 for those industrial sectors collectively.

  •  (1) In addition to the Parts of Form 2 referred to in subsection 24(1), the applicable Parts of Form 2 shall be completed by an employer in respect of employees who are employed in an industrial sector for which the employer is required to report separately and in respect of employees who are grouped in industrial sector 1 in accordance with subsection 24(2)

    • (a) for each province or territory where the total number of employees of the employer is 100 or more at any time during the reporting period; and

    • (b) for each CMA where the total number of employees of the employer is 100 or more at any time during the reporting period.

  • (2) For the purposes of paragraph (1)(b), CMA means a census metropolitan area as set out in the document entitled Statistical Area Classification - Variant of SGC 2016, published by authority of the Minister responsible for Statistics Canada, as amended from time to time.

 In completing Form 2, an employer shall use the following information for each employee:

  • (a) their salary, excluding any bonus pay and overtime pay;

  • (b) the period over which the salary referred to in paragraph (a) is paid;

  • (c) the number of hours worked that can be attributed to the salary referred to in paragraph (a) ;

  • (d) the bonus pay paid in the reporting period;

  • (e) the overtime pay paid in the reporting period; and

  • (f) the number of overtime hours worked that can be attributed to the overtime pay referred to in paragraph (e).

  •  (1) In completing Form 2, an employer shall determine the salary ranges of the employees using the information referred to in paragraphs 25.1(a) to (c), in the following manner and sequence:

    • (a) the employer shall determine the highest and lowest salaries of the employees in each occupational group;

    • (b) using the table of salary sections set out in Schedule VIII, the employer shall determine the salary sections into which the highest and lowest salaries referred to in paragraph (a) fall; and

    • (c) the employer shall indicate the salary range of the employees in each occupational group using the appropriate salary sections referred to in paragraph (b) to represent the highest and lowest salaries of the employees in the occupational group.

  • (2) If the lowest salary of the employees in an occupational group is $250,000 or more, the employer shall leave blank the space on Form 2 used to indicate the highest salary of the employees in the occupational group.

  • (3) In completing Form 2, the employer shall indicate the salary ranges of the employees in each occupational group as determined in subsections (1) and (2).

  • (4) [Repealed, SOR/2020-236, s. 15]

  •  (1) In completing Form 2, an employer shall determine the four quarters of the salary range of the employees in each occupational group by dividing, by four, the difference between the highest and lowest salaries of the employees in the occupational group, determined under paragraph 26(1)(a) 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, determined under paragraph 26(1)(a), and

      • (ii) the upper limit is the total of the amount referred to in subparagraph (i) and the amount calculated under subsection (1);

    • (b) the limits of the second salary quarter shall be as follows:

      • (i) the lower limit is the amount calculated under subparagraph (a)(ii) plus one dollar, and

      • (ii) the upper limit is the total of the amount calculated under subparagraph (a)(ii) and the amount calculated under subsection (1);

    • (c) the limits of the third salary quarter shall be as follows:

      • (i) the lower limit is the amount calculated under subparagraph (b)(ii) plus one dollar, and

      • (ii) the upper limit is the total of the amount calculated under subparagraph (b)(ii) and the amount calculated under subsection (1); and

    • (d) the limits of the fourth salary quarter shall be as follows:

      • (i) the lower limit is the amount calculated under subparagraph (c)(ii) plus one dollar, and

      • (ii) the upper limit is the highest salary of the employees in the occupational group, determined under paragraph 26(1)(a).

  • (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).

 In completing Form 2, an employer shall provide the following information for all employees, for employees in each occupational group and for employees in each designated group, using the information referred to in section 25.1:

  • (a) the mean and median difference in hourly rates;

  • (b) the mean and median difference in bonus pay;

  • (c) the mean and median difference in overtime pay corresponding to the overtime hours;

  • (d) the proportion of employees who have received bonus pay; and

  • (e) the proportion of employees who have received overtime pay.

Form 3

 An employer shall complete the applicable Parts of Form 3 in the same manner as prescribed for Form 2 in subsections 24(1) and (2) and paragraph 25(1)(a).

 In completing Form 3, an employer shall use the information determined in accordance with paragraph 26(1)(b) for the purpose of indicating the degree of representation of employees in the salary ranges set out in that form.

Forms 4, 5 and 6

 An employer shall, in the manner prescribed in subsections 24(1) and (2), for the employment status categories referred to in paragraphs 24(1)(a) and (b), complete the applicable Parts of Forms 4 to 6 in respect of employees who are employed in an industrial sector for which the employer is required to report separately and in respect of employees who are grouped in industrial sector 1 in accordance with subsection 24(2), for each province or territory where the total number of employees of the employer is 100 or more at any time during the reporting period.

 In completing Form 5, an employer shall report the employees promoted during the reporting period only in the occupational group in which or to which the employees were last promoted.

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on October 23, 1996.

SCHEDULE I

[Repealed, SOR/2020-236, s. 22]

SCHEDULE II(Subsection 1(2) and section 22)

Occupational Groups — Private Sector Employers or Portions of the Federal Public Administration Referred to in Paragraph 4(1)(c) of the Act

Column IColumn II
ItemEmployment Equity Occupational GroupsUnit Groups
1Senior ManagersLegislators
Senior government managers and officials
Senior managers — financial, communications and other business services
Senior managers — health, education, social and community services and membership organizations
Senior managers — trade, broadcasting and other services, n.e.c.
Senior managers — construction, transportation, production and utilities
2Middle and Other ManagersFinancial managers
Human resources managers
Purchasing managers
Other administrative services managers
Insurance, real estate and financial brokerage managers
Banking, credit and other investment managers
Advertising, marketing and public relations managers
Other business services managers
Telecommunication carriers managers
Postal and courier services managers
Engineering managers
Architecture and science managers
Computer and information systems managers
Managers in health care
Government managers — health and social policy development and program administration
Government managers — economic analysis, policy development and program administration
Government managers — education policy development and program administration
Other managers in public administration
Administrators — post secondary education and vocational training
School principals and administrators of elementary and secondary education
Managers in social, community and correctional services
Commissioned police officers
Fire chiefs and senior firefighting officers
Commissioned officers of the Canadian Armed Forces
Library, archive, museum and art gallery managers
Managers — publishing, motion pictures, broadcasting and performing arts
Recreation, sports and fitness program and service directors
Corporate sales managers
Retail and wholesale trade managers
Restaurant and food service managers
Accommodation service managers
Managers in customer and personal services, n.e.c.
Construction managers
Home building and renovation managers
Facility operation and maintenance managers
Managers in transportation
Managers in natural resources production and fishing
Managers in agriculture
Managers in horticulture
Managers in aquaculture
Manufacturing managers
Utilities managers
3ProfessionalsFinancial auditors and accountants
Financial and investment analysts
Securities agents, investment dealers and brokers
Other financial officers
Human resources professionals
Professional occupations in business management consulting
Professional occupations in advertising, marketing and public relations
Physicists and astronomers
Chemists
Geoscientists and oceanographers
Meteorologists and climatologists
Other professional occupations in physical sciences
Biologists and related scientists
Forestry professionals
Agricultural representatives, consultants and specialists
Civil engineers
Mechanical engineers
Electrical and electronics engineers
Chemical engineers
Industrial and manufacturing engineers
Metallurgical and materials engineers
Mining engineers
Geological engineers
Petroleum engineers
Aerospace engineers
Computer engineers (except software engineers and designers)
Other professional engineers, n.e.c.
Architects
Landscape architects
Urban and land use planners
Land surveyors
Mathematicians, statisticians and actuaries
Information systems analysts and consultants
Database analysts and data administrators
Software engineers and designers
Computer programmers and interactive media developers
Web designers and developers
Nursing co-ordinators and supervisors
Registered nurses and registered psychiatric nurses
Specialist physicians
General practitioners and family physicians
Dentists
Veterinarians
Optometrists
Chiropractors
Allied primary health practitioners
Other professional occupations in health diagnosing and treating
Pharmacists
Dietitians and nutritionists
Audiologists and speech-language pathologists
Physiotherapists
Occupational therapists
Other professional occupations in therapy and assessment
University professors and lecturers
Post-secondary teaching and research assistants
College and other vocational instructors
Secondary school teachers
Elementary school and kindergarten teachers
Educational counsellors
Judges
Lawyers and Quebec notaries
Psychologists
Social workers
Family, marriage and other related counsellors
Professional occupations in religion
Probation and parole officers and related occupations
Employment counsellors
Natural and applied science policy researchers, consultants and program officers
Economists and economic policy researchers and analysts
Business development officers and marketing researchers and consultants
Social policy researchers, consultants and program officers
Health policy researchers, consultants and program officers
Education policy researchers, consultants and program officers
Recreation, sports and fitness policy researchers, consultants and program officers
Program officers unique to government
Other professional occupations in social science, n.e.c.
Librarians
Conservators and curators
Archivists
Authors and writers
Editors
Journalists
Translators, terminologists and interpreters
Producers, directors, choreographers and related occupations
Conductors, composers and arrangers
Musicians and singers
Dancers
Actors and comedians
Painters, sculptors and other visual artists
4Semi-Professionals and TechniciansChemical technologists and technicians
Geological and mineral technologists and technicians
Biological technologists and technicians
Agricultural and fish products inspectors
Forestry technologists and technicians
Conservation and fishery officers
Landscape and horticultural technicians and specialists
Civil engineering technologists and technicians
Mechanical engineering technologists and technicians
Industrial engineering and manufacturing technologists and technicians
Construction estimators
Electrical and electronics engineering technologists and technicians
Electronic service technicians (household and business equipment)
Industrial instrument technicians and mechanics
Aircraft instrument, electrical and avionics mechanics, technicians and inspectors
Architectural technologists and technicians
Industrial designers
Drafting technologists and technicians
Land survey technologists and technicians
Technical occupations in geomatics and meteorology
Non-destructive testers and inspection technicians
Engineering inspectors and regulatory officers
Inspectors in public and environmental health and occupational health and safety
Construction inspectors
Air pilots, flight engineers and flying instructors
Air traffic controllers and related occupations
Deck officers, water transport
Engineer officers, water transport
Railway traffic controllers and marine traffic regulators
Computer network technicians
User support technicians
Information systems testing technicians
Medical laboratory technologists
Medical laboratory technicians and pathologists’ assistants
Animal health technologists and veterinary technicians
Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
Medical radiation technologists
Medical sonographers
Cardiology technologists and electrophysiological diagnostic technologists, n.e.c.
Other medical technologists and technicians (except dental health)
Denturists
Dental hygienists and dental therapists
Dental technologists, technicians and laboratory assistants
Opticians
Practitioners of natural healing
Licensed practical nurses
Paramedical occupations
Massage therapists
Other Technical occupations in therapy and assessment
Paralegal and related occupations
Social and community service workers
Early childhood educators and assistants
Instructors of persons with disabilities
Other instructors
Other religious occupations
Police officers (except commissioned)
Firefighters
Non-commissioned ranks of the Canadian Armed Forces
Library and public archive technicians
Technical occupations related to museums and art galleries
Photographers
Film and video camera operators
Graphic arts technicians
Broadcast technicians
Audio and video recording technicians
Other technical and co-ordinating occupations in motion pictures, broadcasting and the performing arts
Support occupations in motion pictures, broadcasting, photography and the performing arts
Announcers and other broadcasters
Other performers, n.e.c.
Graphic designers and illustrators
Interior designers and interior decorators
Theatre, fashion, exhibit and other creative designers
Artisans and craftspersons
Patternmakers — textile, leather and fur products
Athletes
Coaches
Sports officials and referees
Program leaders and instructors in recreation, sport and fitness
5SupervisorsSupervisors, general office and administrative support workers
Supervisors, finance and insurance office workers
Supervisors, library, correspondence and related information workers
Supervisors, mail and message distribution occupations
Supervisors, supply chain, tracking and scheduling coordination occupations
Retail sales supervisors
Food service supervisors
Executive housekeepers
Accommodation, travel, tourism and related services supervisors
Customer and information services supervisors
Cleaning supervisors
Other services supervisors
6Supervisors — Crafts and TradesContractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations
Contractors and supervisors, electrical trades and telecommunications occupations
Contractors and supervisors, pipefitting trades
Contractors and supervisors, carpentry trades
Contractors and supervisors, other construction trades, installers, repairers and servicers
Contractors and supervisors, mechanic trades
Contractors and supervisors, heavy equipment operator crews
Supervisors, printing and related occupations
Supervisors, railway transport operations
Supervisors, motor transport and other ground transit operators
Supervisors, logging and forestry
Supervisors, mining and quarrying
Contractors and supervisors, oil and gas drilling and services
Agricultural service contractors, farm supervisors and specialized livestock workers
Contractors and supervisors, landscaping, grounds maintenance and horticulture services
Supervisors, mineral and metal processing
Supervisors, petroleum, gas and chemical processing and utilities
Supervisors, food and beverage processing
Supervisors, plastic and rubber products manufacturing
Supervisors, forest products processing
Supervisors, textile, fabric, fur and leather products processing and manufacturing
Supervisors, motor vehicle assembling
Supervisors, electronics manufacturing
Supervisors, electrical products manufacturing
Supervisors, furniture and fixtures manufacturing
Supervisors, other mechanical and metal products manufacturing
Supervisors, other products manufacturing and assembly
7Administrative and Senior Clerical PersonnelAdministrative officers
Executive assistants
Human resources and recruitment officers
Property administrators
Purchasing agents and officers
Conference and event planners
Court officers and justices of the peace
Employment insurance, immigration, border services and revenue officers
Administrative assistants
Legal administrative assistants
Medical administrative assistants
Court reporters, medical transcriptionists and related occupations
Health information management occupations
Records management technicians
Statistical officers and related research support occupations
Accounting technicians and bookkeepers
Insurance adjusters and claims examiners
Insurance underwriters
Assessors, valuators and appraisers
Customs, ship and other brokers
8Skilled Sales and Service PersonnelTechnical sales specialists — wholesale trade
Retail and wholesale buyers
Insurance agents and brokers
Real estate agents and salespersons
Financial sales representatives
Chefs
Cooks
Butchers, meat cutters and fishmongers — retail and wholesale
Bakers
Hairstylists and barbers
Tailors, dressmakers, furriers and milliners
Shoe repairers and shoemakers
Jewellers, jewellery and watch repairers and related occupations
Upholsterers
Funeral directors and embalmers
9Skilled Crafts and Trades WorkersMachinists and machining and tooling inspectors
Tool and die makers
Sheet metal workers
Boilermakers
Structural metal and platework fabricators and fitters
Ironworkers
Welders and related machine operators
Electricians (except industrial and power system)
Industrial electricians
Power system electricians
Electrical power line and cable workers
Telecommunications line and cable workers
Telecommunications installation and repair workers
Cable television service and maintenance technicians
Plumbers
Steamfitters, pipefitters and sprinkler system installers
Gas fitters
Carpenters
Cabinetmakers
Bricklayers
Concrete finishers
Tilesetters
Plasterers, drywall installers and finishers and lathers
Roofers and shinglers
Glaziers
Insulators
Painters and decorators (except interior decorators)
Floor covering installers
Construction millwrights and industrial mechanics
Heavy-duty equipment mechanics
Heating, refrigeration and air conditioning mechanics
Railway carmen/women
Aircraft mechanics and aircraft inspectors
Machine fitters
Elevator constructors and mechanics
Automotive service technicians, truck and bus mechanics and mechanical repairers
Motor vehicle body repairers
Oil and solid fuel heating mechanics
Appliance servicers and repairers
Electrical mechanics
Motorcycle, all-terrain vehicle and other related mechanics
Other small engine and small equipment repairers
Railway and yard locomotive engineers
Railway conductors and brakemen/women
Crane operators
Drillers and blasters — surface mining, quarrying and construction
Water well drillers
Printing press operators
Other trades and related occupations, n.e.c.
Underground production and development miners
Oil and gas well drillers, servicers, testers and related workers
Logging machinery operators
Fishing masters and officers
Fishermen/women
Central control and process operators, mineral and metal processing
Central control and process operators, petroleum, gas and chemical processing
Pulping, papermaking and coating control operators
Power engineers and power systems operators
Water and waste treatment plant operators
10Clerical PersonnelGeneral office support workers
Receptionists
Personnel clerks
Court clerks
Data entry clerks
Desktop publishing operators and related occupations
Accounting and related clerks
Payroll administrators
Banking, insurance and other financial clerks
Collectors
Library assistants and clerks
Correspondence, publication and regulatory clerks
Survey interviewers and statistical clerks
Mail, postal and related workers
Letter carriers
Couriers, messengers and door-to-door distributors
Shippers and receivers
Storekeepers and partspersons
Production logistics co-ordinators
Purchasing and inventory control workers
Dispatchers
Transportation route and crew schedulers
11Intermediate Sales and Service PersonnelDental assistants
Nurse aides, orderlies and patient service associates
Other assisting occupations in support of health services
Home child care providers
Home support workers, housekeepers and related occupations
Elementary and secondary school teacher assistants
Sheriffs and bailiffs
Correctional service officers
By-law enforcement and other regulatory officers, n.e.c.
Sales and account representatives — wholesale trade (non-technical)
Retail salespersons
Maîtres d’hôtel and hosts/hostesses
Bartenders
Food and beverage servers
Travel counsellors
Pursers and flight attendants
Airline ticket and service agents
Ground and water transport ticket agents, cargo service representatives and related clerks
Hotel front desk clerks
Tour and travel guides
Outdoor sport and recreational guides
Casino workers
Security guards and related security service occupations
Customer services representatives — financial institutions
Other customer and information services representatives
Image, social and other personal consultants
Estheticians, electrologists and related occupations
Pet groomers and animal care workers
Other personal service occupations
12Semi-Skilled Manual WorkersResidential and commercial installers and servicers
Waterworks and gas maintenance workers
Pest controllers and fumigators
Other repairers and servicers
Longshore workers
Material handlers
Transport truck drivers
Bus drivers, subway operators and other transit operators
Taxi and limousine drivers and chauffeurs
Delivery and courier service drivers
Heavy equipment operators (except crane)
Public works maintenance equipment operators and related workers
Railway yard and track maintenance workers
Water transport deck and engine room crew
Boat and cable ferry operators and related occupations
Air transport ramp attendants
Other automotive mechanical installers and servicers
Underground mine service and support workers
Oil and gas well drilling and related workers and services operators
Chain saw and skidder operators
Silviculture and forestry workers
General farm workers
Nursery and greenhouse workers
Fishing vessel deckhands
Trappers and hunters
Machine operators, mineral and metal processing
Foundry workers
Glass forming and finishing machine operators and glass cutters
Concrete, clay and stone forming operators
Inspectors and testers, mineral and metal processing
Metalworking and forging machine operators
Machining tool operators
Other metal products machine operators
Chemical plant machine operators
Plastics processing machine operators
Rubber processing machine operators and related workers
Sawmill machine operators
Pulp mill machine operators
Papermaking and finishing machine operators
Other wood processing machine operators
Paper converting machine operators
Lumber graders and other wood processing inspectors and graders
Woodworking machine operators
Textile fibre and yarn, hide and pelt processing machine operators and workers
Weavers, knitters and other fabric making occupations
Fabric, fur and leather cutters
Industrial sewing machine operators
Inspectors and graders, textile, fabric, fur and leather products manufacturing
Process control and machine operators, food and beverage processing
Industrial butchers and meat cutters, poultry preparers and related workers
Fish and seafood plant workers
Testers and graders, food and beverage processing
Plateless printing equipment operators
Camera, platemaking and other prepress occupations
Binding and finishing machine operators
Photographic and film processors
Aircraft assemblers and aircraft assembly inspectors
Motor vehicle assemblers, inspectors and testers
Electronics assemblers, fabricators, inspectors and testers
Assemblers and inspectors, electrical appliance, apparatus and equipment manufacturing
Assemblers, fabricators and inspectors, industrial electrical motors and transformers
Mechanical assemblers and inspectors
Machine operators and inspectors, electrical apparatus manufacturing
Boat assemblers and inspectors
Furniture and fixture assemblers and inspectors
Other wood products assemblers and inspectors
Furniture finishers and refinishers
Plastic products assemblers, finishers and inspectors
Industrial painters, coaters and metal finishing process operators
Other products assemblers, finishers and inspectors
13Other Sales and Service PersonnelCashiers
Service station attendants
Store shelf stockers, clerks and order fillers
Other sales related occupations
Food counter attendants, kitchen helpers and related support occupations
Support occupations in accommodation, travel and facilities set-up services
Operators and attendants in amusement, recreation and sport
Light duty cleaners
Specialized cleaners
Janitors, caretakers and building superintendents
Dry cleaning, laundry and related occupations
Other service support occupations, n.e.c.
14Other Manual WorkersConstruction trades helpers and labourers
Other trades helpers and labourers
Public works and maintenance labourers
Railway and motor transport labourers
Harvesting labourers
Landscaping and grounds maintenance labourers
Aquaculture and marine harvest labourers
Mine labourers
Oil and gas drilling, servicing and related labourers
Logging and forestry labourers
Labourers in mineral and metal processing
Labourers in metal fabrication
Labourers in chemical products processing and utilities
Labourers in wood, pulp and paper processing
Labourers in Rubber and Plastic Products Manufacturing
Labourers in textile processing
Labourers in food and beverage processing
Labourers in fish and seafood processing
Other labourers in processing, manufacturing and utilities
  • *n.e.c. = not elsewhere classified

SCHEDULE III(Subsection 1(2))

Occupational Groups — Portions of the Federal Public Administration Referred to in Paragraph 4(1)(b) of the Act

ItemColumn I
Occupational Groups
1Air Traffic Control
2Aircraft Operations
3Applied Science and Patent Examination
4Architecture, Engineering and Land Survey
5Border Services
6Commerce and Purchasing
7Comptrollership
8Correctional Services
9Education and Library Science
10Economics and Social Science Services
11Electronics
12Executive
13Foreign Service
14Health Services
15Human Resources Management
16Information Technology
17Law Management
18Law Practitioner
19Negotiation, Mediation and Conciliation Officer
20Non-Supervisory Printing Services
21Operational Services
22Police Operations Support
23Program and Administrative Services
24Radio Operations
25Research
26Ship Repair Chargehands and Production Supervisors (East)
27Ship Repair (East)
28Ship Repair (West)
29Ships’ Officers
30Technical Services
31Translation
32University Teaching

SCHEDULE IV

[Repealed, SOR/2020-236, s. 22]

SCHEDULE V(Section 13)Employment Equity Tribunal Certificate

Certificate issued pursuant to subparagraph 39(4)(b)(i) of the Employment Equity Act

In the matter of the commission of a violation under blank line(specify provision) of blank line(specify title of Act or Regulations) by blank line(identify employer)

It is hereby certified that, after service of a request under paragraph 39(1)(a) of the Employment Equity Act on blank line(identify employer) setting out the time and place of hearing of the particulars of this matter, and at the conclusion of the proceedings in relation to the violation, I have determined that blank line(identify employer) has committed a violation under blank line(specify provision) of blank line(specify title of Act or Regulations) on blank line(specify date).

The penalty in respect of the violation is $blank line(specify amount).

Dated this blank line day of blank line, 20blank line.

Signed by: blank line

(Name of Member of Tribunal or Names of Members of Tribunal)
blank line
(Address of Tribunal or Addresses of Members of Tribunal)
  • SOR/2006-120, s. 8

SCHEDULE VI

[Repealed, SOR/2020-236, s. 23]

SCHEDULE VII

[Repealed, SOR/2020-236, s. 23]

SCHEDULE VIII(Paragraph 26(1)(b))Salary Sections

  • Under $5,000
  • $5,000 - $9,999
  • $10,000 - $14,999
  • $15,000 - $19,999
  • $20,000 - $24,999
  • $25,000 - $34,999
  • $35,000 - $49,999
  • $50,000 - $74,999
  • $75,000 - $99,999
  • $100,000 - $149,999
  • $150,000 - $199,999
  • $200,000 - $249,999
  • $250,000 and over

RELATED PROVISIONS

  • — SOR/2020-236, s. 24

    • 24 The Employment Equity Regulations, as they read immediately before the coming into force of these Regulations, continue to apply for the purpose of the completion of the employment equity report for the 2020 reporting period.

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