Employment Equity Act - Regulations Amending the Canadian Forces Employment Equity Regulations

Regulations Amending the Canadian Forces Employment Equity Regulations

Description of the Objective

The Canadian Armed Forces (CAF), in consultation with the Labour Program, has prepared amendments to the Canadian Forces Employment Equity Regulations. These regulatory changes are being brought forward in response to observations made during a standard review of the regulations by both the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) and a scheduled review that was started by the Forces in 2008.

Description of the Regulatory Proposal

The amended regulations will broaden the definition of Canadian Forces members such that all Reserve Force members who have fulfilled their military duties and responsibilities over the reporting period may be counted for employment equity reporting purposes. It also addresses concerns raised by the SJCSR regarding the handling of sensitive and private information by members of the Canadian Human Rights Commission (CHRC), the Employment Equity Tribunal and their officers or agents. Finally, several administrative changes to schedule 1-15 are required to reflect changes to CAF occupations that have been made since the coming into force of the Regulations in 2002. A number of new military occupations have been created, some have been changed, others have been amalgamated and some are being removed as they are no longer exist.

Objective

The amendments will reduce legal and compliance risk by reducing ambiguity about obligations as to how Classified/Protected information must be handled by the Canadian Human Rights Commission (CHRC), the Employment Equity Tribunal and their officers or agents. It will also ensure clarity of language by replacing outdated terms and occupational classifications, be more inclusive to members of reserve forces, remove discrepancies between the English and French and improve consistency of the Regulations. Finally, the proposed new definition of an employee will ensure accurate counting of reservists for EE reporting purposes.

Enabling Act

Employment Equity Act

Indication of Business Impacts

The proposed regulatory amendments apply to only the Canadian Forces and have no implications on small businesses.

Public Consultation Opportunities

As the proposed changes affect only CAF occupational classification groups, details which Reserve Force personnel that are counted for EE reporting purposes and describes the proper handling of sensitive and private information, there is no need for broader public consultation.

Departmental contact

Mr. Robert Soucy
Director of Human Rights and Diversity 3-5
Employment Equity Regulations Officer
Department of National Defence
60 Moodie Drive
Ottawa, ON K1A 0K2

Email: Robert.Soucy@forces.gc.ca:
Telephone: 613-901-8993
Fax: 613-901-8937