Employment Equity Regulations (SOR/96-470)

• 25 (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.

25.1 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).

• 26 (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]

• 27 (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).

27.1 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

28 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).

29 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

30 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.

31 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

32 [Repeal]

Coming into Force

33 These Regulations come into force on October 23, 1996.