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

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.

Employment Equity Records

Marginal note:Contents of records

19 In accordance with section 17 of the Act, the Chief of the Defence Staff shall establish and maintain records that contain the following information:

• (a) information indicating, for each Canadian Forces member, whether the member has identified themself as a member of one or more of the designated groups;

• (b) the military occupation of each Canadian Forces member;

• (c) 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;

• (d) the promotion history of each Canadian Forces member;

• (e) 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;

• (f) the summary of the results of the workforce analysis required by section 17;

• (g) the measures undertaken in conducting the employment systems review;

• (h) the employment equity plan of the Canadian Forces and the information used to prepare it;

• (i) the measures undertaken to monitor the implementation of the employment equity plan in accordance with paragraph 12(b) of the Act; and

• (j) the information provided to the Canadian Forces members in accordance with section 14 of the Act.

Marginal note:Retention of records after release

• 20 (1) 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.

• Marginal note:Period of retention

  (2) 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

Marginal note:Consultation process

• 21 (1) 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

  • (a) the implementation of employment equity in the Canadian Forces workforce and the communication of matters relating to employment equity to Canadian Forces members; and

  • (b) the preparation, implementation and revision of the employment equity plan of the Canadian Forces.

• Marginal note:Consultation mechanism

  (2) The Chief of the Defence Staff shall establish a mechanism for consulting Canadian Forces members.

Compliance

Marginal note:Security requirement

• 22 (1) 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.

• Marginal note:Alternate means

  (2) 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.

Reports

Marginal note:Report

23 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.

Marginal note:Summary of representation

24 The Chief of the Defence Staff shall provide the information required by

• (a) 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

• (b) 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.

Marginal note:Representation by category

25 The Chief of the Defence Staff shall provide the information required by

• (a) 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

• (b) 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.

Marginal note:Military occupational group

26 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.

Marginal note:Representation by rank

27 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:

• (a) 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

• (b) 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).

Marginal note:Enrolment, promotion, re-engagement and release

• 28 (1) 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)

  • (a) in the form set out in Schedule 8, for enrolments;

  • (b) in the form set out in Schedule 10, for promotions;

  • (c) in the form set out in Schedule 12, for re-engagements; and

  • (d) in the form set out in Schedule 14, for releases.

• (2) 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)

  • (a) in the form set out in Schedule 9, for enrolments;

  • (b) in the form set out in Schedule 11, for promotions;

  • (c) in the form set out in Schedule 13, for re-engagements; and

  • (d) in the form set out in Schedule 15, for releases.

Review

Marginal note:Review

29 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

Marginal note:Coming into force

30 These Regulations come into force on the day on which they are registered.