Canadian Forces Employment Equity Regulations (SOR/2002-421)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Employment Equity Act. (Loi)

  Canadian Forces member

  Canadian Forces member means an individual described in subsection 4(1). (membre des Forces canadiennes)

  military occupation

  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

  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

  reporting period means

  • (a) 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

  • (b) for any subsequent report, the fiscal year preceding that report. (période de rapport)

• Marginal note:Other definitions

  (2) 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.

Marginal note:Definitions for the purposes of the Act

2 For the purposes of the Act insofar as it applies to the Canadian Forces,

employee

employee means a Canadian Forces member. (salarié)

hired

hired means enrolled as a Canadian Forces member under section 20 of the National Defence Act. (recrutement, engagement ou embauche)

occupational group

occupational group means a military occupational group. (catégorie professionnelle)

promoted

promoted, in respect of a Canadian Forces member, means promoted under section 28 of the National Defence Act. (avancement ou promotion)

salary

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

terminated has the same meaning as release in subsection 2(1) of the National Defence Act. (cessation de fonctions ou cessation d’emploi)

Purpose

Marginal note:Adaptation of the Act

• 3 (1) 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.

• Marginal note:Other regulations

  (2) Unless otherwise indicated, no other regulations made under the Act apply to the Canadian Forces.

Marginal note:Members of the Forces

• 4 (1) The Act and these Regulations apply to Canadian Forces members — both officers and non-commissioned members — who are serving

  • (a) in the regular force; or

  • (b) in the reserve force, other than those declared non-effective strength.

• Marginal note:Special force

  (2) The Act and these Regulations do not apply to Canadian Forces members who are serving in the special force.

General

Marginal note:Obligations of Chief of the Defence Staff

5 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,

• (a) for carrying out the obligations of an employer under the Act; and

• (b) for the application of these Regulations.

Marginal note:Scope of obligation

6 For the purposes of section 6 of the Act, the obligation to implement employment equity does not require the Chief of the Defence Staff

• (a) to enrol, re-engage or promote persons without basing the enrolment, re-engagement or promotion on the requirements specified in section 7; or

• (b) 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.

Marginal note:Qualification or eligibility criteria

7 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:

• (a) the applicable criteria in the regulations, orders and instructions made under sections 12 and 18 of the National Defence Act; and

• (b) the liability to perform any lawful duty in accordance with section 33 of that Act.

Marginal note:Adaptation of section 8 of the Act

8 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.

Marginal note:Powers of the Commission and Tribunal

9 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

• (a) 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

• (b) otherwise prejudice the operational effectiveness of the Canadian Forces.

Collection of Workforce Information

Marginal note:Questionnaire

• 10 (1) 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

  • (a) an Aboriginal person;

  • (b) a member of a visible minority; or

  • (c) a person with a disability.

• Marginal note:Member identification

  (1.1) The questionnaire shall include questions that provide a means of identifying the Canadian Forces member who returns it, by name or otherwise.

• Marginal note:Additional questions

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

• Marginal note:Information

  (3) The questionnaire shall include the following information:

  • (a) the definitions Aboriginal peoples, members of visible minorities and persons with disabilities as set out in section 3 of the Act;

  • (b) 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;

  • (c) a statement that responses to the questions referred to in subsection (1.1) are mandatory;

  • (d) a statement that responses to the questions referred to in subsections (1) and (2) are voluntary; and

  • (e) a statement containing the information referred to in section 14.

11 [Repealed, SOR/2021-201, s. 3]

Marginal note:Equity plan

12 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.

Marginal note:Updating

13 The Chief of the Defence Staff shall keep the workforce survey results up to date

• (a) by providing a workforce survey questionnaire

  • (i) to all new Canadian Forces members on their enrolment,

  • (ii) to any Canadian Forces member who wishes to change any information that they previously submitted on a questionnaire, or

  • (iii) to any Canadian Forces member who requests one;

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

• (c) 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.

Marginal note:Personal information

14 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.

Workforce Analysis

Marginal note:Determination

• 15 (1) 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

  • (a) for each military occupational group, the number of positions held by

    • (i) women,

    • (ii) Aboriginal persons,

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

    • (iv) persons with disabilities; and

  • (b) 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,

    • (i) the Canadian workforce, or

    • (ii) 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.

• Marginal note:Underrepresentation

  (2) In making a determination under paragraph (1)(b), the Chief of the Defence Staff shall use

  • (a) the labour market information made available by the Minister of Labour under subsection 42(3) of the Act; and

  • (b) any other statistically-reliable information that is available to the public and that the Minister of Labour determines relevant.

• Marginal note:Equity plan

  (3) 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.

Marginal note:Powers and compliance audits

• 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;

  • (b) the enrolment, re-engagement and promotion requirements specified in section 7; and

  • (c) the need for the operational effectiveness of the Canadian Forces.

• Marginal note:Member identification

  (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.

Marginal note:Analysis summary

17 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.

Review of Employment Systems, Policies and Practices

Marginal note:Determination

• 18 (1) 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.

• Marginal note:Relevant matters

  (2) 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

  • (a) recruitment, selection and enrolment;

  • (b) training and development;

  • (c) career management and promotions;

  • (d) re-engagement and release; and

  • (e) the reasonable accommodation of the special needs of persons in designated groups.

• Marginal note:New systems

  (3) 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.