Canadian Forces Employment Equity Regulations

Canadian Forces Employment Equity Regulations Whereas, pursuant to paragraph 4(1)(d) of the Employment Equity Acta, the Canadian Forces have been specified as a portion of the public sector employing one hundred or more employees by Order in Council P.C. 2002-1956 of November 21, 2002; S.C. 1995, c. 44 And whereas, pursuant to subsections 41(5) and (6) of that Act, the Governor in Council, on the recommendation of the Treasury Board and the Minister of Labour, after consultation with the Minister of National Defence, considers it necessary to make regulations to adapt the provisions of that Act to accommodate the Canadian Forces, taking into account their operational effectiveness; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Treasury Board and the Minister of Labour, pursuant to section 41 of the Employment Equity Acta, hereby makes the annexed Canadian Forces Employment Equity Regulations. Definitions The following definitions apply in these Regulations. Act means the Employment Equity Act. (Loi) Canadian Forces member means an individual described in subsection 4(1). (membre des Forces canadiennes) military occupation means a military occupation set out in column 2 of Part 1 or 2 of Schedule 1. (groupe professionnel militaire) military occupational group means a military occupational group set out in column 1 of Part 1 or 2 of Schedule 1. (catégorie professionnelle militaire) reporting period means for the first report that the Chief of the Defence Staff provides to the President of the Treasury Board under subsections 21(3) and (4) of the Act, the period beginning on the day of the coming into force of these Regulations and ending on March 31, 2003; and for any subsequent report, the fiscal year preceding that report. (période de rapport) Other definitions Unless otherwise provided, all words and expressions used in these Regulations have the same meaning as in the National Defence Act or the regulations made under that Act. Definitions for the purposes of the Act For the purposes of the Act insofar as it applies to the Canadian Forces, employee means a Canadian Forces member. (salarié) hired means enrolled as a Canadian Forces member under section 20 of the National Defence Act. (recrutement, engagement ou embauche) occupational group means a military occupational group. (catégorie professionnelle) promoted, in respect of a Canadian Forces member, means promoted under section 28 of the National Defence Act. (avancement ou promotion) salary means the pay issued to Canadian Forces members at the rates and under the conditions prescribed under subsection 12(3) and section 35 of the National Defence Act. (rémunération) terminated has the same meaning as release in subsection 2(1) of the National Defence Act. (cessation de fonctions ou cessation d’emploi) Adaptation of the Act Pursuant to section 41 of the Act, the purpose of these Regulations is to adapt the provisions of the Act to accommodate the Canadian Forces, taking into account the need for their operational effectiveness. Other regulations Unless otherwise indicated, no other regulations made under the Act apply to the Canadian Forces. Members of the Forces The Act and these Regulations apply to Canadian Forces members — both officers and non-commissioned members — who are serving in the regular force; or in the reserve force, other than those declared non-effective strength. Special force The Act and these Regulations do not apply to Canadian Forces members who are serving in the special force. Obligations of Chief of the Defence Staff The Chief of the Defence Staff, acting within the scope of the Chief of the Defence Staff’s powers, duties and functions under section 18 of the National Defence Act, is responsible, in relation to the Canadian Forces, for carrying out the obligations of an employer under the Act; and for the application of these Regulations. Scope of obligation For the purposes of section 6 of the Act, the obligation to implement employment equity does not require the Chief of the Defence Staff to enrol, re-engage or promote persons without basing the enrolment, re-engagement or promotion on the requirements specified in section 7; or to undertake promotion campaigns or other measures to increase the degree of representation in the Canadian Forces of persons who do not meet the requirements specified in section 7. Qualification or eligibility criteria The enrolment, re-engagement or promotion of any person in the Canadian Forces shall be based on the following requirements, to the extent that they are consistent with the Canadian Human Rights Act: the applicable criteria in the regulations, orders and instructions made under sections 12 and 18 of the National Defence Act; and the liability to perform any lawful duty in accordance with section 33 of that Act. Adaptation of section 8 of the Act For the purposes of section 8 of the Act, the release of Canadian Forces members under an initiative to reduce the number of members of the Canadian Forces, or the number of members of any unit, element or military occupational group of the Canadian Forces, is not an employment barrier within the meaning of the Act. Powers of the Commission and Tribunal For the purposes of section 33 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, and the members 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, may not, in exercising the powers conferred on the Commission or the Tribunal under sections 25 or 26 and 30 of the Act, respectively, give a direction or make an order that would require the Chief of the Defence Staff to enrol, re-engage or promote persons without basing the enrolment, re-engagement or promotion on the requirements specified in section 7; or otherwise prejudice the operational effectiveness of the Canadian Forces. Questionnaire Before preparing the employment equity plan required by section 10 of the Act, the Chief of the Defence Staff shall conduct a workforce survey by providing to each Canadian Forces member a workforce survey questionnaire that asks if the member is an Aboriginal person; a member of a visible minority; or a person with a disability. Member identification The questionnaire shall include questions that provide a means of identifying the Canadian Forces member who returns it, by name or otherwise. Additional questions The questionnaire may include additional questions relating to employment equity. Information The questionnaire shall include the following information: the definitions Aboriginal peoples, members of visible minorities and persons with disabilities as set out in section 3 of the Act; the definition designated groups as set out in section 3 of the Act and the statement that a person may be a member of more than one designated group; a statement that responses to the questions referred to in subsection (1.1) are mandatory; a statement that responses to the questions referred to in subsections (1) and (2) are voluntary; and a statement containing the information referred to in section 14. [Repealed, SOR/2021-201, s. 3] Equity plan When the Chief of the Defence Staff reviews the employment equity plan, the Chief of the Defence Staff is not required to conduct a new workforce survey if the previous survey results have been kept up to date in accordance with section 13. Updating The Chief of the Defence Staff shall keep the workforce survey results up to date by providing a workforce survey questionnaire to all new Canadian Forces members on their enrolment, to any Canadian Forces member who wishes to change any information that they previously submitted on a questionnaire, or to any Canadian Forces member who requests one; by making the necessary adjustments to the survey results to take into account the responses to a questionnaire referred to in paragraph (a); and by making the necessary adjustments to the survey results to take into account members of designated groups who have been released from the Canadian Forces. Personal information Information collected under sections 10 and 13 is personal information within the meaning of section 3 of the Privacy Act and shall not be used or disclosed except in accordance with that Act. Determination Based on the information collected under sections 10 and 13 and on relevant information contained in any other employment records of the Canadian Forces, the Chief of the Defence Staff shall conduct an analysis of the Canadian Forces workforce to determine for each military occupational group, the number of positions held by women, Aboriginal persons, persons who are members of visible minorities, and persons with disabilities; and the degree of underrepresentation of the persons referred to in paragraph (a) by comparing the representation of each designated group in each military occupational group to its representation within whichever of the following groups is the most appropriate as a basis of comparison, namely, the Canadian workforce, or those segments of the Canadian workforce that are identifiable on the basis of qualification or eligibility criteria, including the requirements specified in section 7, and from which the Chief of the Defence Staff may reasonably be expected to draw Canadian Forces members. Underrepresentation In making a determination under paragraph (1)(b), the Chief of the Defence Staff shall use the labour market information made available by the Minister of Labour under subsection 42(3) of the Act; and any other statistically-reliable information that is available to the public and that the Minister of Labour determines relevant. When the Chief of the Defence Staff reviews the employment equity plan, the Chief of the Defence Staff is not required to conduct a new workforce analysis if the results of the previous analysis are up to date as a result of periodic revisions that take into account the updating of the workforce survey results in accordance with section 13. Powers and compliance audits 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 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; the enrolment, re-engagement and promotion requirements specified in section 7; and the need for the operational effectiveness of the Canadian Forces. 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. Analysis summary The Chief of the Defence Staff shall prepare a summary of the results of the workforce analysis for use in the preparation of the employment equity plan required by section 10 of the Act. If the workforce analysis conducted under section 15 indicates that there is underrepresentation of persons in designated groups in any military occupational group, the Chief of the Defence Staff shall review the Canadian Forces employment systems, policies and practices to determine whether any of them is an employment barrier against persons in designated groups. Relevant matters To determine whether the employment systems, policies and practices that apply to those military occupational groups in which there is underrepresentation of persons in designated groups are employment barriers, the Chief of the Defence Staff shall review them with respect to recruitment, selection and enrolment; training and development; career management and promotions; re-engagement and release; and the reasonable accommodation of the special needs of persons in designated groups. New systems If, following a review under subsection (2), the Chief of the Defence Staff implements new employment systems, policies and practices relating to the matters referred to in that subsection, the Chief of the Defence Staff shall also review the new employment systems, policies and practices in order to determine whether they are employment barriers against persons in designated groups. Contents of records In accordance with section 17 of the Act, the Chief of the Defence Staff shall establish and maintain records that contain the following information: information indicating, for each Canadian Forces member, whether the member has identified themself as a member of one or more of the designated groups; the military occupation of each Canadian Forces member; the military rank of each Canadian Forces member, as set out in the schedule to the National Defence Act, that determines that member’s salary; the promotion history of each Canadian Forces member; a copy of the workforce survey questionnaire that was provided to each Canadian Forces member and of any other information used in the workforce analysis; the summary of the results of the workforce analysis required by section 17; the measures undertaken in conducting the employment systems review; the employment equity plan of the Canadian Forces and the information used to prepare it; the measures undertaken to monitor the implementation of the employment equity plan in accordance with paragraph 12(b) of the Act; and the information provided to the Canadian Forces members in accordance with section 14 of the Act. Retention of records after release Subject to subsection 6(3) of the Privacy Act and section 4 of the Privacy Regulations, the records containing the information referred to in paragraphs 19(a) to (d) shall be retained throughout the period during which the person to whom the records relate is employed as a Canadian Forces member and for two years after the date of their release. Period of retention Subject to subsection 6(3) of the Privacy Act and section 4 of the Privacy Regulations, the records containing the information referred to in paragraphs 19(e) to (j) shall be retained for two years after the period covered by the employment equity plan to which the records relate. Consultation process The Chief of the Defence Staff shall consult Canadian Forces members, and may consult representatives of designated groups, to obtain their views on and assistance in any matter concerning the implementation of employment equity in the Canadian Forces workforce and the communication of matters relating to employment equity to Canadian Forces members; and the preparation, implementation and revision of the employment equity plan of the Canadian Forces. Consultation mechanism The Chief of the Defence Staff shall establish a mechanism for consulting Canadian Forces members. Security requirement 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, any requirements in the regulations, orders and instructions made under the National Defence Act that relate to the security of the places to be entered or the records, books of account or other documents to be examined. Alternate means If the requirements referred to in subsection (1) restrict or limit access to information that is necessary for the application of the Act or these Regulations, the Chief of the Defence Staff shall provide other means, consistent with the regulations, orders and instructions made under the National Defence Act, that will permit the persons described in subsection (1) to carry out their responsibilities under the Act. Report The contents of the report required by subparagraphs 21(2)(a)(i), (iii) and (v) of the Act shall be provided using the forms in Schedules 3 to 15 for each reporting period. Summary of representation The Chief of the Defence Staff shall provide the information required by Part 1 of Schedule 5 with respect to the number and degree of representation of officers referred to in subsection 4(1) for the reporting period; and Part 2 of Schedule 5 with respect to the number and degree of representation of non-commissioned members referred to in subsection 4(1) for the reporting period. Representation by category Schedule 3 with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(a) for the reporting period; and Schedule 4 with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(b) for the reporting period. Military occupational group In the forms set out in Schedules 3 to 5 and 8 to 15, the Chief of the Defence Staff shall indicate the military occupational group of Canadian Forces members by referring to the military occupation that corresponds to the job performed by the members. Representation by rank The Chief of the Defence Staff shall provide the following information for the reporting period for each military rank set out in the schedule to the National Defence Act: in the form set out in Schedule 6, the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(a); and in the form set out in Schedule 7, the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(b). Enrolment, promotion, re-engagement and release The Chief of the Defence Staff shall provide the information required for the reporting period with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(a) in the form set out in Schedule 8, for enrolments; in the form set out in Schedule 10, for promotions; in the form set out in Schedule 12, for re-engagements; and in the form set out in Schedule 14, for releases. The Chief of the Defence Staff shall provide the information required for the reporting period with respect to the number and degree of representation of Canadian Forces members referred to in paragraph 4(1)(b) in the form set out in Schedule 9, for enrolments; in the form set out in Schedule 11, for promotions; in the form set out in Schedule 13, for re-engagements; and in the form set out in Schedule 15, for releases. Review After any amendment to the Employment Equity Act or at the end of a period not exceeding five years after the coming into force of these Regulations, and at the end of every five-year period after that, the Chief of the Defence Staff shall conduct a review of the provisions and operation of these Regulations, including the effect of the Regulations. Coming into force These Regulations come into force on the day on which they are registered. 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