Employment Equity Act

Marginal note:Reports of private sector employers

• 18 (1) Every private sector employer shall, on or before June 1 in each year, file with the Minister a report in respect of the immediately preceding calendar year containing information in accordance with prescribed instructions, indicating, in the prescribed manner and form,

  • (a) the industrial sector in which its employees are employed, the location of the employer and its employees, the number of its employees and the number of those employees who are members of designated groups;

  • (b) the occupational groups in which its employees are employed and the degree of representation of persons who are members of designated groups in each occupational group;

  • (c) the salary ranges of its employees and the degree of representation of persons who are members of designated groups in each range and in each prescribed subdivision of the range and any other information in relation to the salary of its employees that may be prescribed; and

  • (d) the number of its employees hired, promoted and terminated and the degree of representation in those numbers of persons who are members of designated groups.

• Marginal note:Interpretation

  (2) For the purposes of subsection (1), an employer is the person who or organization that was the employer on December 31 in the immediately preceding year.

• Marginal note:Electronic filing

  (3) An employer may file a report using electronic media in a manner specified in writing by the Minister and, in such a case, the report is deemed to have been filed on the day that the Minister acknowledges receipt of it.

• Marginal note:Self-identification

  (4) Only those employees who identify themselves to their employer, or agree to be identified by their employer, as Aboriginal peoples, members of visible minorities and persons with disabilities are to be counted as members of those designated groups for the purposes of the report.

• Marginal note:Certificate required

  (5) A report shall be certified, in the prescribed manner, as to the accuracy of the information contained in it and shall be signed by the employer or, where the employer is a corporation, by a prescribed person on behalf of the corporation.

• Marginal note:Additional information

  (6) An employer shall include in a report a description of

  • (a) the measures taken by the employer during the reporting period to implement employment equity and the results achieved; and

  • (b) the consultations between the employer and its employees’ representatives during the reporting period concerning the implementation of employment equity.

• Marginal note:Consolidated reports

  (7) Where, in the opinion of the Minister, associated or related federal works, undertakings or businesses are operated by two or more employers having common control or direction, the Minister may, on the application of the employers, authorize them to file a consolidated report with respect to employees employed by them on or in connection with those works, undertakings or businesses.

• Marginal note:Exemption for private sector employers

  (8) The Minister may, on the application of an employer, exempt the employer from any or all of the requirements of this section for a period not exceeding one year if, in the opinion of the Minister, special circumstances warrant the exemption.

• Marginal note:Copy to employees’ representatives

  (9) An employer shall, on filing a report with the Minister under this section, provide its employees’ representatives with a copy of the report.

• Marginal note:Copy to Commission

  (10) The Minister shall, on receipt of a report, send a copy of it to the Commission.