Employment Equity Regulations

Employment Equity Regulations Whereas, pursuant to subsection 41(3) of the Employment Equity Acta, the Minister of Labour has consulted with the Treasury Board on the annexed Employment Equity Regulations as they apply to the public sector; S.C. 1995, c. 44 Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the President of the Treasury Board, pursuant to subsection 9(1), section 17, subsections 18(1) and (5), subparagraph 39(4)(b)(i) and subsection 41(1) of the Employment Equity Acta, hereby makes the annexed Employment Equity Regulations. The definitions in this subsection apply in these Regulations. Act means the Employment Equity Act. (Loi) 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 (prime) designated CMA[Repealed, SOR/2020-236, s. 1] employment equity report means a report that a private sector employer is required to file under section 18 of the Act. (rapport sur l’équité en matière d’emploi) former Regulations[Repealed, SOR/2020-236, s. 1] overtime hours, in respect of a private sector employer, means the hours worked by an employee, in excess of the standard hours of work,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, 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 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 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 means the calendar year in respect of which an employment equity report is filed. (période de rapport) 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) For the purposes of the Act, employee, in respect of 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; 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 a person appointed as a casual worker under subsection 50(1) of that Act, or a person appointed for a period of less than three months; and 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, in respect of an employee employed by a private sector employer, means engaged by the employer; 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 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, in respect of 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 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, in respect of 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; 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 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 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 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, in respect of 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; 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 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, 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) For the purpose of determining when an employer is considered to employ 100 or more employees, the number of employees of a private sector employer shall be calculated on the basis of the number at the time in a calendar year when the number of employees is the greatest; and the number of employees employed in a portion of the federal public administration referred to in paragraph 4(1)(c) of the Act shall be calculated on the basis of the number at the time in a fiscal year when the number of employees employed in that portion is the greatest. Subject to subsections (8) and (9), before preparing an employment equity plan referred to in section 10 of the Act, an employer shall conduct a workforce survey by providing to each employee a workforce survey questionnaire that asks the employee whether the employee is a member of a visible minority; a person with a disability; or an Aboriginal person. The questionnaire shall contain the definitions Aboriginal peoples, members of visible minorities and persons with disabilities set out in section 3 of the Act to help the employee respond to the questionnaire. [Repealed, SOR/2020-236, s. 2] The employer shall inform each employee, either on the questionnaire or in a notice accompanying the questionnaire, that a person may be a member of more than one designated group. The questionnaire may include additional questions relating to employment equity. The questionnaire shall indicate that responses to the questions on the questionnaire are voluntary; and the information collected in the questionnaire is confidential and will only be used by or be disclosed to other persons within the employer’s organization in order for the employer to carry out its obligations under the Act. Paragraph (6)(a) shall not be construed as precluding an employer from requiring each employee to return the questionnaire to the employer. An employer is not required to conduct a workforce survey in respect of all or part of its workforce under subsection (1) if before the coming into force of these Regulations, the employer has already conducted a survey in respect of all or that part of its workforce to determine whether the employees belong to any of the designated groups referred to in that subsection; the previous survey had questions and was conducted in a manner that achieved results that are likely to be as accurate as the results that would be achieved using a workforce survey questionnaire under this section; responses to the questions in the previous survey were voluntary; and the survey results have been kept up to date in accordance with section 5. Where an employer replaces its employment equity plan with a new plan, the employer is not required to conduct a new workforce survey if the previous survey results have been kept up to date in accordance with section 5. The employer shall ensure that there is a means of identifying, on the workforce survey questionnaire, the employee who returns it, whether by name or otherwise. The employer shall keep the workforce survey results up to date by providing a workforce survey questionnaire to an employee when the employee begins employment, to an employee who wishes to change any information previously submitted on a questionnaire, or to an employee who requests it; making necessary adjustments to the survey results to take into account the responses to the questionnaires referred to in paragraph (a); and making necessary adjustments to the survey results to take into account members of designated groups who have been terminated. Based on the information collected under sections 3 to 5, and on relevant information contained in any other employment records maintained by the employer, the employer shall conduct an analysis of its workforce in order to determine the following for each occupational group of the employer’s workforce, namely, the number of persons who are Aboriginal peoples, the number of persons who are persons with disabilities, the number of persons who are members of visible minorities, and the number of women; and determine the degree of underrepresentation of the persons referred to in paragraph (a) by comparing the representation of each designated group in each occupational group of the employer’s workforce to their representation in each occupational group in whichever of the following is the most appropriate as a basis of comparison, namely, the Canadian workforce as a whole, or those segments of the Canadian workforce that are identifiable by qualification, eligibility or geography, and from which the employer may reasonably be expected to draw employees. In making a determination under paragraph (1)(b), the employer shall use the labour market information made available by the Minister under section 42(3) of the Act, or information from other sources that is determined by the Minister to be relevant labour market information, in order to determine the representation, in the geographic area or areas from which the employer may reasonably be expected to draw employees, of workers who are members of designated groups and who are qualified or eligible for the jobs within each occupational group of the employer’s workforce. An employer who has already conducted an analysis of all or part of its workforce before the coming into force of these Regulations is not required to conduct another analysis of all or that part of its workforce, if the results of the previous analysis are up to date as a result of periodic revisions that have taken into account the updating of the workforce survey results in accordance with section 5; and the results of the previous analysis are likely to be the same as the results that would be achieved by an analysis undertaken pursuant to subsections (1) and (2). Where an employer replaces its employment equity plan with a new plan, the employer is not required to conduct a new workforce analysis if the results of the previous analysis have been kept up to date by means of periodic revisions that have taken into account the updating of the workforce survey results in accordance with section 5. The employer shall prepare a summary of the results of its workforce analysis for use in the preparation of its employment equity plan. Where, based on the workforce analysis conducted pursuant to section 6, underrepresentation of persons in designated groups has been identified in any occupational group of the employer’s workforce, the employer shall conduct a review of its employment systems, policies and practices in order to determine whether any of those employment systems, policies and practices is an employment barrier against persons in designated groups. Subject to section 10, for the purposes of making a determination referred to in section 8, the employer shall, in relation to each occupational group in which underrepresentation referred to in section 8 has been identified, review its employment systems, policies and practices with respect to the recruitment, selection and hiring of employees; the development and training of employees; the promotion of employees; the retention and termination of employees; and the reasonable accommodation of the special needs of members of designated groups. Where, following a review under subsection (1), new employment systems, policies or practices relating to the matters referred to in that subsection are implemented by the employer, the employer shall also review the new employment systems, policies or practices with respect to those matters. An employer who, before the coming into force of these Regulations, has conducted a review of its employment systems, policies and practices with respect to the matters referred to in subsection 9(1) in relation to all or part of its workforce is not required to conduct another review with respect to the matters already reviewed if the results of the previous review are likely to be the same as the results that would be achieved by a review undertaken pursuant to subsection 9(1). An employer shall establish and maintain the following records: a record of each employee’s designated group membership, if any; a record of each employee’s occupational group classification; a record of each employee’s salary and salary increases; for each employee employed by a private sector employer, a record containing the information referred to in paragraphs 25.1(a) to (f); a record of each employee’s promotions; a copy of the workforce survey questionnaire that was provided to the employees and any other information used by the employer in conducting its workforce analysis; the summary of the results of the workforce analysis required by section 7; a description of the activities undertaken by the employer in conducting its employment systems review; the employer’s employment equity plan; a record of the employer’s monitoring of the implementation of its employment equity plan, undertaken in accordance with paragraph 12(b) of the Act; and a record of activities undertaken by the employer and information provided to employees in accordance with section 14 of the Act. Records referred to in paragraphs 11(a) to (d) in respect of terminated employees shall be kept for two years after the date of their termination. Records referred to in paragraphs 11(e) to (j) shall be kept for two years after the period covered by the employment equity plan to which the records relate. If a private sector employer generates its annual employment equity report required by subsection 18(1) of the Act using an application or specially designed software provided by the Government of Canada for employment equity reporting purposes, the employer shall retain a copy of the database or other computer record used to generate the report for two years after the year in respect of which the report is filed. The form set out in Schedule V is the prescribed form of the Tribunal certificate for the purpose of subparagraph 39(4)(b)(i) of the Act. This Part applies in respect of the report required to be filed by private sector employers under section 18 of the Act. In these Regulations, a reference to any of Forms 1 to 6 is to be read as a reference to a Form set out in the document entitled Employment Equity Forms 2021, prepared by the Department of Employment and Social Development and published on its website. Forms 1 to 6 are prescribed for the purpose of filing a report referred to in subsection 18(1) of the Act. [Repealed, SOR/2020-236, s. 6] For the purposes of paragraph 18(1)(c) of the Act, a prescribed subdivision of a salary range is a quarter of a salary range. An employment equity report shall contain the following statement certifying the accuracy of the information contained in it: “I, (name), certify on behalf of (legal name of employer) that the information contained in Forms 1 to 6 of this report is true and accurate in every respect, to the best of my knowledge and belief. Date Signature” Where an employment equity report is filed on behalf of a corporation, the statement referred to in subsection (1) shall be signed by a senior officer of the corporation. [Repealed, SOR/2020-236, s. 8] For each calendar year, an employment equity report shall be completed using Forms 1 to 6 and in accordance with the instructions set out in sections 20 to 31. In circumstances other than the one referred to in subsection 18(3) of the Act, for the purposes of subsection 18(1) of the Act, an employment equity report is deemed to have been filed with the Minister on the day on which the Minister receives it. Where an item of information requested on a form is not applicable in the case of an employer, the employer shall so indicate using the phrase “Not Applicable”, the abbreviation “N/A” or a brief explanatory statement. An employer, in completing Forms 1 to 3, shall report the required information with respect to the number of employees employed by the employer in the case of permanent full-time and permanent part-time employees, as of December 31 of the calendar year; and in the case of temporary employees, as of the date in the calendar year on which the number of temporary employees was the greatest. An employer, in completing Forms 2 and 4 to 6, shall indicate the occupational group in which an employee is employed, as set out in column I of Schedule II, by referring to the occupational unit group set out in column II that most accurately describes the job performed by the employee. An employer shall indicate on Form 1 the industrial sector in which employees are employed by selecting the appropriate industry group description set out in the North American Industry Classification System (NAICS) Canada, developed and administered by Statistics Canada and the statistical agencies of Mexico and the United States and published by authority of the Minister responsible for Statistics Canada, as amended from time to time. An employer shall indicate on Form 1 the industrial sector with the greatest number of employees in the box entitled “Industrial Sector 1” and other industrial sectors in decreasing order of their number of employees. Where the employees of an employer are employed in more than four industrial sectors, the employer shall indicate the additional industrial sectors and the number of employees in each of those sectors on a separate page attached to Form 1. Subject to subsection (2), for each industrial sector indicated by an employer on Form 1, the employer shall complete the applicable Parts of Form 2 in respect of all employees of the employer in Canada for each of the following employment status categories: permanent full-time employees; permanent part-time employees; and temporary employees, where the number of temporary employees at any time during the reporting period constitutes 20% or more of the employer’s workforce. Where the number of employees in an industrial sector indicated by an employer on Form 1, other than industrial sector 1, is less than 1,000, the employer shall group those employees with the employees in industrial sector 1. An employer who has completed the applicable Parts of Form 2 separately for more than one industrial sector under subsection (1) shall also consolidate the information provided and complete the applicable Parts of Form 2 for those industrial sectors collectively. 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) 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 for each CMA where the total number of employees of the employer is 100 or more at any time during the reporting period. 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. In completing Form 2, an employer shall use the following information for each employee: their salary, excluding any bonus pay and overtime pay; the period over which the salary referred to in paragraph (a) is paid; the number of hours worked that can be attributed to the salary referred to in paragraph (a) ; the bonus pay paid in the reporting period; the overtime pay paid in the reporting period; and the number of overtime hours worked that can be attributed to the overtime pay referred to in paragraph (e). 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: the employer shall determine the highest and lowest salaries of the employees in each occupational group; 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 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. 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. 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). [Repealed, SOR/2020-236, s. 15] 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. For the purposes of subsection (1), the limits of the first salary quarter shall be as follows: the lower limit is the lowest salary of the employees in the occupational group, determined under paragraph 26(1)(a), and the upper limit is the total of the amount referred to in subparagraph (i) and the amount calculated under subsection (1); the limits of the second salary quarter shall be as follows: the lower limit is the amount calculated under subparagraph (a)(ii) plus one dollar, and the upper limit is the total of the amount calculated under subparagraph (a)(ii) and the amount calculated under subsection (1); the limits of the third salary quarter shall be as follows: the lower limit is the amount calculated under subparagraph (b)(ii) plus one dollar, and the upper limit is the total of the amount calculated under subparagraph (b)(ii) and the amount calculated under subsection (1); and the limits of the fourth salary quarter shall be as follows: the lower limit is the amount calculated under subparagraph (c)(ii) plus one dollar, and the upper limit is the highest salary of the employees in the occupational group, determined under paragraph 26(1)(a). 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). 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: the mean and median difference in hourly rates; the mean and median difference in bonus pay; the mean and median difference in overtime pay corresponding to the overtime hours; the proportion of employees who have received bonus pay; and the proportion of employees who have received overtime pay. 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). 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. 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. 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] These Regulations come into force on October 23, 1996. Legislators Senior government managers and officials Senior managers — financial, communications and other business services Senior managers — health, education, social and community services and membership organizations Senior managers — trade, broadcasting and other services, n.e.c.

Senior managers — construction, transportation, production and utilities Financial managers Human resources managers Purchasing managers Other administrative services managers Insurance, real estate and financial brokerage managers Banking, credit and other investment managers Advertising, marketing and public relations managers Other business services managers Telecommunication carriers managers Postal and courier services managers Engineering managers Architecture and science managers Computer and information systems managers Managers in health care Government managers - health and social policy development and program administration Government managers - economic analysis, policy development and program administration Government managers - education policy development and program administration Other managers in public administration Administrators - post-secondary education and vocational training School principals and administrators of elementary and secondary education Managers in social, community and correctional services Commissioned police officers and related occupations in public protection services Fire chiefs and senior firefighting officers Commissioned officers of the Canadian Armed Forces Library, archive, museum and art gallery managers Managers - publishing, motion pictures, broadcasting and performing arts Recreation, sports and fitness program and service directors Corporate sales managers Retail and wholesale trade managers Restaurant and food service managers Accommodation service managers Managers in customer and personal services Construction managers Home building and renovation managers Facility operation and maintenance managers Managers in transportation Managers in natural resources production and fishing Managers in agriculture Managers in horticulture Managers in aquaculture Manufacturing managers Utilities managers Financial auditors and accountants Financial and investment analysts Securities agents, investment dealers and brokers Financial advisors Other financial officers Human resources professionals Professional occupations in business management consulting Professional occupations in advertising, marketing and public relations Physicists and astronomers Chemists Geoscientists and oceanographers Meteorologists and climatologists Other professional occupations in physical sciences Biologists and related scientists Forestry professionals Agricultural representatives, consultants and specialists Civil engineers Mechanical engineers Electrical and electronics engineers Chemical engineers Industrial and manufacturing engineers Metallurgical and materials engineers Mining engineers Geological engineers Petroleum engineers Aerospace engineers Computer engineers (except software engineers and designers) Other professional engineers Architects Landscape architects Urban and land use planners Land surveyors Mathematicians, statisticians and actuaries Data scientists Cybersecurity specialists Business systems specialists Information systems specialists Database analysts and data administrators Software engineers and designers Computer systems developers and programmers Software developers and programmers Web designers Web developers and programmers Nursing coordinators and supervisors Registered nurses and registered psychiatric nurses Specialists in clinical and laboratory medicine Specialists in surgery General practitioners and family physicians Dentists Veterinarians Optometrists Chiropractors Nurse practitioners Physician assistants, midwives and allied health professionals Other professional occupations in health diagnosing and treating Pharmacists Dietitians and nutritionists Audiologists and speech-language pathologists Physiotherapists Occupational therapists Kinesiologists and other professional occupations in therapy and assessment Therapists in counselling and related specialized therapies University professors and lecturers Post-secondary teaching and research assistants College and other vocational instructors Secondary school teachers Elementary school and kindergarten teachers Educational counsellors Judges Lawyers and Quebec notaries Psychologists Social workers Religious leaders Probation and parole officers Career development practitioners and career counsellors (except education) Natural and applied science policy researchers, consultants and program officers Economists and economic policy researchers and analysts Business development officers and marketing researchers and consultants Social policy researchers, consultants and program officers Health policy researchers, consultants and program officers Education policy researchers, consultants and program officers Recreation, sports and fitness policy researchers, consultants and program officers Program officers unique to government Other professional occupations in social science Librarians Conservators and curators Archivists Authors and writers (except technical) Technical writers Editors Journalists Translators, terminologists and interpreters Producers, directors, choreographers and related occupations Conductors, composers and arrangers Musicians and singers Public and environmental health and safety professionals Police investigators and other investigative occupations Chemical technologists and technicians Geological and mineral technologists and technicians Biological technologists and technicians Agricultural and fish products inspectors Forestry technologists and technicians Conservation and fishery officers Landscape and horticultural technicians and specialists Civil engineering technologists and technicians Mechanical engineering technologists and technicians Industrial engineering and manufacturing technologists and technicians Construction estimators Electrical and electronics engineering technologists and technicians Electronic service technicians (household and business equipment) Industrial instrument technicians and mechanics Aircraft instrument, electrical and avionics mechanics, technicians and inspectors Architectural technologists and technicians Industrial designers Drafting technologists and technicians Land survey technologists and technicians Technical occupations in geomatics and meteorology Non-destructive testers and inspectors Engineering inspectors and regulatory officers Occupational health and safety specialists Construction inspectors Air pilots, flight engineers and flying instructors Air traffic controllers and related occupations Deck officers, water transport Engineer officers, water transport Railway traffic controllers and marine traffic regulators Computer network and web technicians User support technicians Information systems testing technicians Medical laboratory technologists Animal health technologists and veterinary technicians Respiratory therapists, clinical perfusionists and cardiopulmonary technologists Medical radiation technologists Medical sonographers Cardiology technologists and electrophysiological diagnostic technologists Pharmacy technicians Other medical technologists and technicians Denturists Dental hygienists and dental therapists Dental technologists and technicians Opticians Traditional Chinese medicine practitioners and acupuncturists Other practitioners of natural healing Licensed practical nurses Paramedical occupations Massage therapists Other technical occupations in therapy and assessment Paralegal and related occupations Social and community service workers Early childhood educators and assistants Instructors of persons with disabilities Religion workers Police officers (except commissioned) Firefighters Specialized members of the Canadian Armed Forces Library and public archive technicians Film and video camera operators Graphic arts technicians Broadcast technicians Audio and video recording technicians Other technical and coordinating occupations in motion pictures, broadcasting and the performing arts Announcers and other broadcasters Graphic designers and illustrators Interior designers and interior decorators Dancers Actors, comedians and circus performers Painters, sculptors and other visual artists Supervisors, general office and administrative support workers Supervisors, finance and insurance office workers Supervisors, library, correspondence and related information workers Supervisors, mail and message distribution occupations Supervisors, supply chain, tracking and scheduling coordination occupations Retail sales supervisors Food service supervisors Executive housekeepers Accommodation, travel, tourism and related services supervisors Customer and information services supervisors Cleaning supervisors Other services supervisors Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations Contractors and supervisors, electrical trades and telecommunications occupations Contractors and supervisors, pipefitting trades Contractors and supervisors, carpentry trades Contractors and supervisors, other construction trades, installers, repairers and servicers Contractors and supervisors, mechanic trades Contractors and supervisors, heavy equipment operator crews Supervisors, printing and related occupations Supervisors, railway transport operations Supervisors, motor transport and other ground transit operators Supervisors, logging and forestry Supervisors, mining and quarrying Contractors and supervisors, oil and gas drilling and services Agricultural service contractors and farm supervisors Contractors and supervisors, landscaping, grounds maintenance and horticulture services Supervisors, mineral and metal processing Supervisors, petroleum, gas and chemical processing and utilities Supervisors, food and beverage processing Supervisors, plastic and rubber products manufacturing Supervisors, forest products processing Supervisors, textile, fabric, fur and leather products processing and manufacturing Supervisors, motor vehicle assembling Supervisors, electronics and electrical products manufacturing Supervisors, furniture and fixtures manufacturing Supervisors, other mechanical and metal products manufacturing Supervisors, other products manufacturing and assembly Administrative officers Executive assistants Human resources and recruitment officers Property administrators Procurement and purchasing agents and officers Conference and event planners Employment insurance and revenue officers Administrative assistants Legal administrative assistants Medical administrative assistants Court reporters, medical transcriptionists and related occupations Health information management occupations Records management technicians Statistical officers and related research support occupations Accounting technicians and bookkeepers Insurance adjusters and claims examiners Insurance underwriters Assessors, valuators and appraisers Customs, ship and other brokers Payroll administrators Production and transportation logistics coordinators Technical sales specialists - wholesale trade Retail and wholesale buyers Insurance agents and brokers Real estate agents and salespersons Financial sales representatives Chefs Cooks Butchers - retail and wholesale Bakers Hairstylists and barbers Shoe repairers and shoemakers Jewellers, jewellery and watch repairers and related occupations Upholsterers Funeral directors and embalmers Medical laboratory assistants and related technical occupations Pharmacy technical assistants and pharmacy assistants Dental assistants and dental laboratory assistants Other instructors Sheriffs and bailiffs Correctional service officers By-law enforcement and other regulatory officers Border services, customs, and immigration officers Operations Members of the Canadian Armed Forces Registrars, restorers, interpreters and other occupations related to museum and art galleries Photographers Motion pictures, broadcasting, photography and performing arts assistants and operators Theatre, fashion, exhibit and other creative designers Patternmakers - textile, leather and fur products Athletes Coaches Sports officials and referees Machinists and machining and tooling inspectors Tool and die makers Sheet metal workers Boilermakers Structural metal and platework fabricators and fitters Ironworkers Welders and related machine operators Electricians (except industrial and power system) Industrial electricians Power system electricians Electrical power line and cable workers Telecommunications line and cable installers and repairers Telecommunications equipment installation and cable television service technicians Plumbers Steamfitters, pipefitters and sprinkler system installers Gas fitters Carpenters Cabinetmakers Bricklayers Concrete finishers Tilesetters Plasterers, drywall installers and finishers and lathers Roofers and shinglers Glaziers Insulators Painters and decorators (except interior decorators) Floor covering installers Construction millwrights and industrial mechanics Heavy-duty equipment mechanics Heating, refrigeration and air conditioning mechanics Railway carmen/women Aircraft mechanics and aircraft inspectors Machine fitters Elevator constructors and mechanics Automotive service technicians, truck and bus mechanics and mechanical repairers Auto body collision, refinishing and glass technicians and damage repair estimators Oil and solid fuel heating mechanics Appliance servicers and repairers Electrical mechanics Motorcycle, all-terrain vehicle and other related mechanics Other small engine and small equipment repairers Railway and yard locomotive engineers Railway conductors and brakemen/women Crane operators Drillers and blasters - surface mining, quarrying and construction Water well drillers Printing press operators Other technical trades and related occupations Underground production and development miners Oil and gas well drillers, servicers, testers and related workers Logging machinery operators Fishing masters and officers Fishermen/women Central control and process operators, mineral and metal processing Central control and process operators, petroleum, gas and chemical processing Pulping, papermaking and coating control operators Power engineers and power systems operators Water and waste treatment plant operators General building maintenance workers and building superintendents Artisans and craftspersons General office support workers Receptionists Personnel clerks Court clerks and related court services occupations Data entry clerks Desktop publishing operators and related occupations Accounting and related clerks Banking, insurance and other financial clerks Collection clerks Library assistants and clerks Correspondence, publication and regulatory clerks Survey interviewers and statistical clerks Postal services representatives Mail and parcel sorters and related occupations Letter carriers Couriers and messengers Shippers and receivers Storekeepers and partspersons Production logistics workers Purchasing and inventory control workers Dispatchers Transportation route and crew schedulers Nurse aides, orderlies and patient service associates Other assisting occupations in support of health services Home child care providers Elementary and secondary school teacher assistants Sales and account representatives - wholesale trade (non-technical) Retail salespersons and visual merchandisers Maîtres d’hôtel and hosts/hostesses Bartenders Travel counsellors Pursers and flight attendants Airline ticket and service agents Ground and water transport ticket agents, cargo service representatives and related clerks Hotel front desk clerks Tour and travel guides Outdoor sport and recreational guides Casino workers Security guards and related security service occupations Customer services representatives - financial institutions Other customer and information services representatives Image, social and other personal consultants Estheticians, electrologists and related occupations Primary combat members of the Canadian Armed Forces Program leaders and instructors in recreation, sport and fitness Tailors, dressmakers, furriers and milliners Residential and commercial installers and servicers Utility maintenance workers Pest controllers and fumigators Other repairers and servicers Transport truck drivers Bus drivers, subway operators and other transit operators Heavy equipment operators Public works maintenance equipment operators and related workers Railway yard and track maintenance workers Water transport deck and engine room crew Air transport ramp attendants Automotive and heavy truck and equipment parts installers and servicers Underground mine service and support workers Oil and gas well drilling and related workers and services operators Chain saw and skidder operators Silviculture and forestry workers Specialized livestock workers and farm machinery operators Fishing vessel deckhands Machine operators, mineral and metal processing Foundry workers Glass forming and finishing machine operators and glass cutters Concrete, clay and stone forming operators Inspectors and testers, mineral and metal processing Metalworking and forging machine operators Machining tool operators Machine operators of other metal products Chemical plant machine operators Plastics processing machine operators Rubber processing machine operators and related workers Sawmill machine operators Pulp mill, papermaking and finishing machine operators Other wood processing machine operators Paper converting machine operators Lumber graders and other wood processing inspectors and graders Woodworking machine operators Textile fibre and yarn, hide and pelt processing machine operators and workers Weavers, knitters and other fabric making occupations Industrial sewing machine operators Inspectors and graders, textile, fabric, fur and leather products manufacturing Process control and machine operators, food and beverage processing Industrial butchers and meat cutters, poultry preparers and related workers Fish and seafood plant workers Testers and graders, food and beverage processing Plateless printing equipment operators Camera, platemaking and other prepress occupations Binding and finishing machine operators Photographic and film processors Aircraft assemblers and aircraft assembly inspectors Motor vehicle assemblers, inspectors and testers Electronics assemblers, fabricators, inspectors and testers Assemblers and inspectors, electrical appliance, apparatus and equipment manufacturing Assemblers, fabricators and inspectors, industrial electrical motors and transformers Mechanical assemblers and inspectors Machine operators and inspectors, electrical apparatus manufacturing Furniture and fixture assemblers, finishers, refinishers and inspectors Assemblers and inspectors of other wood products Plastic products assemblers, finishers and inspectors Industrial painters, coaters and metal finishing process operators Other products assemblers, finishers and inspectors Cashiers Service station attendants Store shelf stockers, clerks and order fillers Other sales related occupations Food counter attendants, kitchen helpers and related support occupations Support occupations in accommodation, travel and facilities set-up services Operators and attendants in amusement, recreation and sport Light duty cleaners Specialized cleaners Janitors, caretakers and heavy-duty cleaners Dry cleaning, laundry and related occupations Other service support occupations Food and beverage servers Pet groomers and animal care workers Other support occupations in personal services Taxi and limousine drivers and chauffeurs Delivery service drivers and door-to-door distributors Boat and cable ferry operators and related occupations Student monitors, crossing guards and related occupations Other performers Construction trades helpers and labourers Other trades helpers and labourers Public works and maintenance labourers Railway and motor transport labourers Harvesting labourers Landscaping and grounds maintenance labourers Aquaculture and marine harvest labourers Mine labourers Oil and gas drilling, servicing and related labourers Logging and forestry labourers Labourers in mineral and metal processing Labourers in metal fabrication Labourers in chemical products processing and utilities Labourers in wood, pulp and paper processing Labourers in rubber and plastic products manufacturing Labourers in textile processing and cutting Labourers in food and beverage processing Labourers in fish and seafood processing Other labourers in processing, manufacturing and utilities Longshore workers Material handlers Livestock labourers Nursery and greenhouse labourers Trappers and hunters Meat cutters and fishmongers - retail and wholesale Certificate issued pursuant to subparagraph 39(4)(b)(i) of the Employment Equity Act In the matter of the commission of a violation under (specify provision) of (specify title of Act or Regulations) by (identify employer) It is hereby certified that, after service of a request under paragraph 39(1)(a) of the Employment Equity Act on (identify employer) setting out the time and place of hearing of the particulars of this matter, and at the conclusion of the proceedings in relation to the violation, I have determined that (identify employer) has committed a violation under (specify provision) of (specify title of Act or Regulations) on (specify date). The penalty in respect of the violation is $(specify amount). Dated this day of , 20. Signed by: Under $5,000 $5,000 - $9,999 $10,000 - $14,999 $15,000 - $19,999 $20,000 - $24,999 $25,000 - $34,999 $35,000 - $49,999 $50,000 - $74,999 $75,000 - $99,999 $100,000 - $149,999 $150,000 - $199,999 $200,000 - $249,999 $250,000 and over The Employment Equity Regulations, as they read immediately before the coming into force of these Regulations, continue to apply for the purpose of the completion of the employment equity report for the 2020 reporting period.