Employment Equity Regulations

1 (1) The definitions in this subsection apply in these Regulations.

Act

Act means the Employment Equity Act. (Loi)

bonus pay

bonus pay, in respect of a private sector employer, means any additional remuneration paid to an employee as a result of profit sharing, productivity, performance, commissions or any other incentives. (prime)

designated CMA

designated CMA[Repealed, SOR/2020-236, s. 1]

employment equity report

employment equity report means a report that a private sector employer is required to file under section 18 of the Act. (rapport sur l’équité en matière d’emploi)

former Regulations

former Regulations[Repealed, SOR/2020-236, s. 1]

overtime hours

overtime hours, in respect of a private sector employer, means the hours worked by an employee, in excess of the standard hours of work, for which the employee received overtime pay. (heures supplémentaires)

overtime pay

overtime pay, in respect of a private sector employer, means any remuneration paid for the hours worked by an employee in excess of the standard hours of work. (paie d’heures supplémentaires)

permanent full-time employee

permanent full-time employee means a person who is employed for an indeterminate period by a private sector employer to regularly work the standard number of hours fixed by the employer for employees in the occupational group in which the person is employed. (salarié permanent à plein temps)

permanent part-time employee

permanent part-time employee means a person who is employed for an indeterminate period by a private sector employer to regularly work fewer than the standard number of hours fixed by the employer for employees in the occupational group in which the person is employed. (salarié permanent à temps partiel)

reporting period

reporting period means the calendar year in respect of which an employment equity report is filed. (période de rapport)

temporary employee

temporary employee means a person who is employed on a temporary basis by a private sector employer for any number of hours within a fixed period or periods totalling 12 weeks or more during a calendar year, but does not include a person in full-time attendance at a secondary or post-secondary educational institution who is employed during a school break. (salarié temporaire)

(2) For the purposes of the Act,

employee

employee, in respect of

• (a) a private sector employer, means a person who is employed by the employer, but does not include a person employed on a temporary or casual basis for fewer than 12 weeks in a calendar year;

• (b) a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, means a person who has been appointed or deployed to that portion pursuant to that Act, but does not include

  • (i) a person appointed as a casual worker under subsection 50(1) of that Act, or

  • (ii) a person appointed for a period of less than three months; and

• (c) a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, means a person appointed to that portion in accordance with the enactment establishing that portion, but does not include a person employed on a temporary or casual basis for a period of less than three months. (salarié)

hired

hired, in respect of

• (a) an employee employed by a private sector employer, means engaged by the employer;

• (b) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, means initially appointed to the federal public administration in accordance with that Act except in the case of a person appointed as a casual worker under subsection 50(1) of that Act; and

• (c) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, means initially appointed in the manner provided in the enactment establishing that portion. (recrutement)

occupational group

occupational group, in respect of

• (a) the workforce of a private sector employer or a portion of the federal public administration referred to in paragraph 4(1)(c) of the Act, means an occupational group set out in column I of Schedule II; and

• (b) a portion of the federal public administration referred to in paragraph 4(1)(b) of the Act, means an occupational group set out in column I of Schedule III. (catégorie professionnelle)

promoted

promoted, in respect of

• (a) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act applies, has the same meaning as the definition promotion in section 3 of the Definition of Promotion Regulations;

• (b) an employee employed in a portion of the federal public administration referred to in paragraph 4(1)(b) or (c) of the Act to which the Public Service Employment Act does not apply, has the meaning customarily used by that portion; and

• (c) an employee employed by a private sector employer, means permanently moved from one position or job in the employer’s organization to another position or job that

  • (i) has a higher salary or a higher salary range than the salary or salary range of the position or job previously held by the employee, and

  • (ii) ranks higher in the organizational hierarchy of the employer,

  and includes a reclassification of the employee’s position or job where the reclassified position or job meets the requirements of subparagraphs (i) and (ii). (avancement)

salary

salary, in respect of

• (a) a private sector employer, means remuneration paid for work performed by an employee, before deductions, in the form of basic pay, pay for piecework, shift premiums, bonus pay and overtime pay, but does not include benefits, securities, severance pay or termination pay, vacation pay, payment in kind, supplementary payments, allowances, retroactive payments, reimbursements for employment expenses or compensation for extra-duty services other than overtime pay;

• (b) a portion of the federal public administration referred to in paragraph 4(1)(b) of the Act, means the rate of pay paid to an employee under a collective agreement or the rate approved by Treasury Board under any other applicable pay authority; and

• (c) a portion of the federal public administration referred to in paragraph 4(1)(c) of the Act, means the rate of pay paid to an employee under a collective agreement or any other applicable pay authority. (rémunération)

terminated

terminated, in respect of an employee, means retired, resigned, laid off, dismissed or otherwise having ceased to be an employee, but does not include laid off temporarily or absent by reason of illness, injury or a labour dispute. (cessation de fonctions)