Appendices - Report of the Employment Equity Act Review Task Force
Official title: A Transformative Framework to Achieve and Sustain Employment Equity - Report of the Employment Equity Act Review Task Force: Appendices
Author: Professor Adelle Blackett, FRSC, Ad E, Task Force ChairOn this page
- Appendix A: Terms of reference - Employment Equity Act Review Task Force
- Appendix B: Task force members
- Appendix C: List of the Employment Equity Act Review Secretariat staff
- Appendix D: Index of engagement session and meeting attendees
- Appendix E: List of enhanced engagements
- Appendix F: Index of written submissions
- Appendix G: Engagement session attendees – Individual meetings with Task Force Chair & Vice Chair or Task Force Chair alone
- Appendix H: Expert consultancies commissioned by Employment Equity Act Review Task Force
- Appendix I: ILO Conventions ratified by and In force in Canada
- Appendix J: List of other international human rights treaties to which Canada is a party (with year of ratification or accession)
- Appendix K : Comparative law table of employment equity legislation
- Appendix L: The 10 highest-paying and lowest-paying jobs in Canada (based on average employment in come for full-time full-year employees)
- Appendix M: Occupations under the National Occupational Codes that employ 90% or more men or women, 2021 Census
- Appendix N: February 2022 consultation paper: Achieving equality at work
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Appendix A: Terms of reference - Employment Equity Act Review Task Force
List of abbreviations
- EEA
- Employment Equity Act
- ESDC
- Employment and Social Development Canada
- GBA+
- Gender Based Analysis+
- LMA
- Labour Market Availability
- NGO
- Non-governmental Organizations
- WFA
- Workforce Availability
Context
Canadians have the right to be treated fairly in workplaces free from barriers and inequalities. One of the ways the Government of Canada promotes equity and diversity in federally regulated workplaces is through the Employment Equity Act (EEA).
The purpose of the EEA is:
- “to achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability”, and
- “to correct the conditions of disadvantage in employment experienced” by the designated groups:
- women
- Aboriginal peoples
- persons with disabilities, and
- members of visible minorities
The EEA places the onus on employers under federal jurisdiction to:
- analyze their human resources systems, policies and practices to identify barriers and inequalities
- develop and implement a plan to remove these barriers and inequalities, and
- be accountable for results
Employers make progress toward achieving equity in the workplace when they close the representation and wage gaps experienced by members of the designated groups in their workforce.
State of equity
Federally regulated private sector
According to the Employment Equity Act: Annual Report 2019, the representation rate of:
- women, after peaking to 45.5% in 1993, has declined to 39.4% compared to 48.2% labour market availability (LMA) in 2018
- Indigenous peoples remains low, accounting for 2.3% compared to 4.9% LMA in 2018
- persons with disabilities remains low, accounting for 3.4% compared to 9.1% LMA in 2018
- members of visible minorities remains high, accounting 23.8% compared to the 21.3% LMA 2018
Federal public service
According to Employment Equity in the Public Service of Canada for Fiscal Year 2018 to 2019, the representation rate within the core public administration of:
- women (54.8%) continues to exceed the LMA (48.2%) and the workforce availability (WFA) (52.7%)
- Indigenous peoples (5.1%) exceeds the LMA and the WFA (4.0%)
- persons with disabilities (5.2%) is under the core public administration, compared with LMA (9.1%) and the WFA (9.0%)
- members of visible minorities (16.7%) is under the LMA (21.3%) and slightly greater than the WFA (15.3%)
Economic and social changes
Since the EEA passed in 1986, the Government of Canada has made some progress in creating fairer workplaces. The Government recognizes that key economic and social changes have occurred; however, more work is necessary.
Demographics
The ageing population and shifting immigration patterns are resulting in a workforce that is older and more ethno-culturally diverse. This is:
- increasing the need to address accessibility barriers (since older workers are more likely to have a disability), and
- resulting in the need to address systemic racism in workplaces
Nature of work
Non-standard work relationships are now a persistent and a substantial feature of the Canadian labour market:
- about 37% of Canadian workers were in non-standard work relationships in 2019, and
- some of these non-standard work arrangements, such as part-time and temporary work, are gendered, featuring more women than men
Evolution of diversity and inclusion in the workplace
There is an evolution in how Canadians understand and perceive diversity and inclusion in the workplace, such as:
- greater recognition of barriers experienced by members of the LGBTQ2+ communities
- an emphasis on the distinct employment circumstances of different Indigenous populations (First Nations on- and off-reserve, Inuit, and Métis), and
- a nuanced knowledge of various forms of disability and recognition of different labour market outcomes among different visible minority groups
Challenges to the federal employment equity framework
These economic and social changes have highlighted challenges to the federal employment equity framework.
- Calls to include other members amongst the EEA’s designated groups, including LGBTQ2+ communities
- Renewed attention to systemic racism. It has highlighted:
- calls by stakeholders to retire the term “visible minorities” and rethink the category, and
- the need to gather disaggregated data for different groups that currently fall under this designated group
- Adoption of a distinctions-based approach to government programs involving Indigenous peoples (First Nations, Inuit, and Métis). This raises the question of how employment equity could reflect the unique interests, priorities and circumstances of each people
- Persistent gaps call for a joint approach with employers, stakeholders and partners. It is essential to identify key barriers and to promote best practices to close these gaps. This could include:
- improving compliance and enforcement practices to support employers that work on achieving equity and hold accountable those that do not, and
- moving beyond annual reporting of metrics to help get the full picture in federally regulated private sectors and the federal public service on the state of:
- equity
- diversity, and
- inclusion
In addition, the COVID-19 pandemic has brought challenges for many workers, and has affected certain groups more than others:
- Indigenous peoples
- recent immigrants
- members of visible minorities, and
- women
Mandate
The mandate of the Task Force is to advise the Minister of Labour on how to modernize and strengthen the federal employment equity framework by launching a review of the Employment Equity Act and its supporting programs.
The Task Force will:
- study issues related to equity, diversity and inclusion in the workplace
- engage with stakeholders, various partners, and Canadians to hear their views on equity
- undertake research and analysis using a range of sources
- examine other existing practices in Canada and other countries
- apply a Gender Based Analysis+ (GBA+) lens and consider intersectionality throughout its work, and
- submit a report to the Minister of Labour, through the Deputy Minister of Labour
Scope of work
With a focus on improving and building upon the foundation of the EEA, the Task Force will study the following areas:
Area 1: Equity groups
- What changes should be made to the current EEA designated group names and definitions, such as “Aboriginal” and “visible minorities”?
- What changes should be made to the EEA include to reflect current understandings of Indigenous peoples, disability, ethnocultural diversity and gender equality?
- Should the EEA reflect the various experiences and labour market circumstances of populations within the visible minorities group, such as Black Canadians?
- If so, what changes to the EEA could best reflect the experiences and circumstances of each of the visible minority groups?
- Should the EEA reflect the current understandings of various types of disability within the persons with disabilities group?
- If so, what changes to the EEA could best reflect the current understandings of various types of disability within the persons with disabilities group?
- Should the EEA reflect the distinct experiences and labour market circumstances of First Nations, Inuit and Métis peoples who are within the Aboriginal peoples group?
- If so, what changes to the EEA could best reflect the First Nations, Inuit and Métis peoples' experiences and circumstances?
- Should the EEA’s designated groups include additional populations, such as the LGBTQ2+ communities?
Area 2: Supporting equity groups
- What changes to employment equity legislation, regulations, programming and research could better support equity groups?
- What barriers do equity groups face in the workplace?
- What best practices have employers implemented to remove these barriers?
- What can the Government of Canada do to promote and share these best practices?
- What measures could improve promoting and retaining equity groups?
- What roles can other organizations play in promoting employment equity, for example:
- unions
- employer associations, and
- Non-governmental Organizations (NGO)
Area 3: Improving accountability, compliance and enforcement
- What support could employers receive when they are working to achieve equity in their workplaces?
- What could encourage employers to do more to achieve equity in their workplaces? In particular:
- What are the most effective ways to communicate and raise employers’ awareness of the benefits of equity, diversity and inclusion?
- What changes to the Labour Program of Employment and Social Development Canada’s (ESDC) and the Canadian Human Rights Commission’s roles and responsibilities could improve compliance with and enforcement of the EEA?
- In addition to focusing on gaps in workforce representation and wages, how can the employment equity framework better measure employers' efforts and progress made toward equity?
- What are the most effective benchmarks to measure equity in the workplace?
- What incentives and penalties should the Government of Canada implement to help close persistent equity gaps and hold employers accountable?
- Are there unique circumstances within the core federal public service and other federal organizations that affect their state of:
- equity
- diversity, and
- inclusion
- What changes to the EEA could support the Government of Canada's efforts to improve the core public administration’s and other federal organizations' state of:
- equity
- diversity, and
- inclusion
Area 4: Improving public reporting
- What changes to the EEA are necessary to better support the public conversation on:
- equity
- diversity, and
- inclusion
- What changes to the EEA could improve public reporting of employment equity results? Specifically:
- What measures, data sources, reporting frequency and formatting could lead to improvements?
- What are the key data gaps?
- How could changes help fill key data gaps?
Operating structure
The Task Force operates:
- at arm’s-length from the Government of Canada to provide independent advice, and
- in a transparent manner as per the Government of Canada's policy on Open Government
A Secretariat:
- supports the Task Force’s activities, such as research, writing, and consultations, and
- is housed within the Labour Program of Employment and Social Development Canada (ESDC)
The Task Force consists of 12 members, including a Chair and a Vice-Chair. The members have a wide range of expertise and experience related to equity (including workplace equity), such as:
- accessibility
- gender equality
- Indigenous employment, and
- anti-racism
The Chair:
- leads the Task Force
- chairs meetings and guides members towards consensus when making decisions
- prepares and presents the Task Force’s report on behalf of the full membership, and with the support of the Secretariat
- is the public spokesperson for the Task Force, and
- provides updates to the Minister, in full respect of the independence and arm’s length nature of the Task Force
The Vice-Chair:
- supports the Chair and members in fulfilling the Task Force’s mandate
- with the Chair:
- exercises leadership on the work of the Task Force, and
- guides members towards consensus when making decisions
The members:
- provide their expertise and knowledge in an open-minded way
- participate in a personal capacity and not as representatives of any organizations with which they are associated
- foster an environment that is barrier-free and respectful of human rights principles, and
- work collaboratively to reach consensus to the extent possible
In the event a member cannot continue, the remaining members will constitute the task force. This is the case unless the Minister of Labour decides otherwise.
Report
The Task Force will submit a report to the Minister of Labour through the Deputy Minister of Labour. The report will inform the Government of Canada’s approach for next steps to modernize and strengthen the federal employment equity framework. It will provide:
- an overview of the Task Force’s work (including GBA+ / intersectional analysis)
- key findings
- evidence-based advice and recommendations, with justifications and intended outcomes, to address any appropriate legislative and/or non-legislative responses, and
- key considerations and a proposed approach for implementation of each recommendation
The Task Force’s report may also provide further recommendations in areas where the Government of Canada could:
- make further research, analysis and/or policy development
- address other data gaps
- measure results, and
- address other matters related to the main issues of the review
If the Task Force is unable to reach consensus on its advice and recommendations, the report should note this, with accompanying reasoning.
Appendix B: Task Force membersFootnote 1
Adelle Blackett – Chair
Adelle Blackett is a Professor of Law and the Canada Research Chair in Transnational Labour Law and Development at the Faculty of Law, McGill University. She holds civil law and common law degrees from McGill University, a doctorate in law from Columbia University. She is widely published, and won both the 2020 Canadian Council on International Law’s scholarly book award and the 2020 Principal’s Prize for Excellence in Teaching (Full Professor category).
She has assumed several key leadership roles on equity in the post-secondary educational sector, and has also served as:
- an expert for the International Labour Organization
- a commissioner at the Commission des droits de la personne et des droits de la Jeunesse, and
- chair of the Human Rights Experts Panel of the federal Court Challenges Program
An elected fellow of the Royal Society of Canada, she is the recipient of:
- the Christine Tourigny Award of Merit and Advocate Emeritus status from the Barreau du Québec, and
- the Canadian Association of Black Lawyers’ Pathfinder Award for her significant contributions to the legal community and the community at large
- She holds honorary doctorates in law from Queen’s University and Université catholique de Louvain.
Dionne Pohler – Vice-Chair
Dionne Pohler is an associate professor at the University of Saskatchewan Edwards School of Business and the University of Toronto's Centre for Industrial Relations and Human Resources. She is also a research fellow with the Rotman Institute for Gender and the Economy and the University of Saskatchewan Centre for the Study of Co-operatives. Dionne holds 4 international research awards and is the recipient of several Social Sciences and Humanities Research Council grants in recognition of her contributions to the topics of:
- work and employment
- labour relations
- public policy, and
- cooperative development
Tao (Tony) Fang - Member
Tony Fang is a Professor of Economics and the Stephen Jarislowsky Chair in Cultural and Economic Transformation at Memorial University of Newfoundland. He also holds the J. Robert Beyster Faculty Fellowship at Rutgers University and is a Fellow of the Royal Society of Arts.
He was an adjunct professor at the University of Toronto and served on the World Bank's Expert Advisory Committee on Migration and Development (2014 to 2019). His areas of research interest encompass issues of:
- pay equity and employment equity
- pension
- retirement policy and the ageing workforce
- education
- immigration, and
- minimum wages
Tony has published extensively in industrial relations, labour economics, and human resource management. In recognition of his research work, he is the recipient of several awards from the Social Science and Humanities Research Council of Canada.
Kari Giddings – Member
Kari Giddings is currently a member of the Calgary Anti-Racism Action Committee. During her extensive career at Canadian Pacific Railway, she contributed to the development of diversity and employment equity strategies, accommodation and training programs. Her contribution led Canadian Pacific Railway to being recognized as one of Canada’s Best Diversity Employers for several years. Throughout her 35-year career, Kari has engaged and built lasting relationships with numerous community organizations supporting diverse job seekers in Calgary and across Canada.
Kari holds a Masters of Communication Studies and a B.A. Applied Social Science.
Helen Kennedy – Member
Helen Kennedy, specializes in 2SLGBTQI human rights both in Canada and globally. Under Helen’s leadership a critical gap has been filled in Canada with the building of the country’s first and only transitional home for 2SLGBTQI homeless youth. Helen has consulted with the Pentagon in Washington on the US military’s “Don’t Ask, Don’t Tell” policy, helped secure the mandate of the UN Independent Expert on SOCIESC and provided expert opinions to governments and international treaty bodies. In 2019, she was invited to consult with the Pope and Senior Vatican officials regarding decriminalization of LGBTQI people globally. She is a founding member of Canadians for Equal Marriage, a former Co-Secretary General of ILGA World, and the recipient of The Lifetime Achievement Award at Start Proud’s 2018 Leaders to be Proud of Awards.
Raji Mangat – Member
Raji Mangat, lawyer, is the Executive Director at West Coast Legal Education and Action Fund. As a former clerk at the Supreme Court of Canada, she has dedicated her career to improving access to justice and promoting intersectional, gender-based equity through legal advocacy and educational tools. Raji also serves on the boards of the Vancouver Public Library and Health Justice.
Fo Niemi - Member
As executive director of the Centre for Research-Action on Race Relations, Fo Niemi is working to advance public education, training, and support for victims of all forms of discrimination, including racial discrimination. He has contributed to a number of endeavours throughout his career, such as:
- government missions on race relations and human rights
- the Quebec Human Rights Commission’s public hearings on discrimination and violence against gays and lesbians, and
- the Quebec government’s task force on racial profiling
Due to his wealth of experience, he has been recognized for his human rights work by a number of organizations.
Kami Ramcharan – Member
Kami Ramcharan is currently the President of KVR Management Support Services Inc. Throughout her 35-year career within the federal public service; she has been a leader for diversity, inclusion and employment equity. Kami worked on a number of complex and challenging roles, such as:
- Director General of the Diversity Division at the Canada Public Service Agency (now the Office of the Chief Human Resources Officer). In this role, she developed an innovative long-term and sustainable strategy to bring employment equity and duty to accommodate into the heart of the management agenda across the Government of Canada. From that point forward, she has been a Champion of Diversity and Inclusion in the many other positions that she held
- Principal Consultant, KVR Management Support Services Inc., she has supported the Office of the Comptroller General in the development of a diversity strategy to support improved representation within the financial management community of the federal public service
Kami holds an Executive Masters Business Administration and is a Certified Public Accountant.
Sandra Sutter – Member
Sandra Sutter, a Cree Métis woman, currently sits on the National Indigenous Economic Development Board of Crown-Indigenous Relations and Northern Affairs Canada. Guided by her deep passion for Indigenous community, she is involved in many organizations, such as:
- Careers – the Next Generation
- Circle for Aboriginal Relations Society, and
- Métis Women’s Economic Security Council (Province of Alberta)
She is a recipient of the Métis Entrepreneurial Business Award from Métis Nation Region 3 and received a Citation in Indigenous Community Engagement from the University of Alberta (Faculty of Extension). Sandra manages Indigenous Partnerships for the PTW Group of Companies, and was recognized with a WXN Top 100 Most Powerful Women in Canada award.
An accomplished artist, her reconciliation focused album Cluster Stars received 12 nominations and was awarded Best Americana Recording from the Native American Music Awards, as well as best Producer/Engineer at the Indigenous Music Awards. She received an Esquao and an Aboriginal Role Model of Alberta Award. In June, Sandra was awarded a Summer Solstice Indigenous Music Award for Métis Artist/Group of the year.
Josh Vander Vies – Member
Josh Vander Vies is a lawyer and the founder of Versus Law Corporation, which works to:
- defend Canadian not-for-profit organizations, and
- protect the integrity of sport and the rights of athletes
As a professional speaker and retired Paralympian, he has experience working with Charitable Impact Foundation (Canada) and the International Paralympic Committee. Josh is also:
- the founder of the Canadian Disability Foundation, and
- a member of the Disability Advisory Group for the Minister of Employment, Workforce Development and Disability Inclusion
Marie Clarke Walker – Member
Marie Clarke Walker is a dedicated mentor and a strong believer that social justice is essential to universal and lasting peace. She is the first racialized woman to serve as Secretary-Treasurer and to be elected Executive Vice-President of the Canadian Labour Congress (CLC). Marie was also CLC’s representative on the Pay Equity Task Force.
She is currently a Titular Member on the International Labour Organization (ILO) governing body. In 2017, in her role of Worker Vice-Chair, she helped to negotiate the historic Convention and Recommendation on Violence and Harassment in the World of Work.
Marie has been deeply involved with the struggle for human rights and equality as she served on the:
- Canadian Peace Alliance (board member)
- Canadian Centre for Policy Alternatives (board member)
- Canadian Centre for Occupational Health and Safety (board member)
- Malvern Community Coalition (co-chair), and
- Coalition of Black Trade Unionists (executive member)
Ruth Williams – Member
Ruth Williams is a status Indian from the High Bar Indian Band currently registered with the Tl’etinqox Government. Proud founding member and former Chief Executive Officer of All Nations Trust Company, and currently Business Advisor and Project Manager of the Company’s Pathways to Technology Project and Housing Resource Services.
Leader in social and economic development for First Nations peoples in British Columbia for 35 years, she has been involved in housing issues with the:
- Aboriginal Housing Committee of British Columbia
- Kamloops Native Housing Society (President)
- First Nations Market Housing Fund (Vice-Chair), and
- Province of British Columbia’s committee for the development of a 10-year action plan for Indigenous housing
In 2010, Ruth received an honorary Doctor of Law from Thompson River University and a member of the Order of BC in 2020.
Appendix C: List of the Employment Equity Act Review Secretariat staff
This list comprises full time and part time members of the Employment Equity Act Review Secretariat from July 2021 to December 2022. A limited secretariat was available from January – April 2023.
*Note: The Task Force was subject to a full stop work order from August 16, 2021 – January 14, 2022 due to the call for federal election.
- Abdillahi, Fadumo – Junior Policy Analyst (worked on engagement session logistics, records of discussions, policy matters)
- Arnaoudova, Olga – Policy Officer (worked on engagement session logistics, records of discussions, policy matters)
- Burrs, Christian – Policy Manager / Acting Executive Director (former, until January 2022)
- Ducharme, Martin – Manager (Managed budget, ministerial requests)
- Hansbury, Elise – Policy Analyst / Policy Manager (former; until June 2022)
- Holder, Eldon – Executive Director (January - December 2022)
- Kara, Riaz – Executive Director (former, until July 2021)
- El-Khatib, Leila – Strategic Policy Manager (former, until June 2021)
- Leung, Arnon Ho Yiu - Policy Officer (worked on engagement session logistics, records of discussions, policy matters, TBS submission)
- Lokman, Rima – Advisor, Project Services (coordinated written submissions, worked on GCcollab, records of discussions, communications)
- Munyana, Christella – Executive Assistant to the Executive Director
- Muzondo, Chenaimwoyo Tukiso, Policy Analyst
- Naseem, Syed – Special Advisor (from September 2022)
- Plattner, Sylvie - Senior Manager (managed contracts and finances, ministerial requests)
- Saouab, Abdou – Director, Policy (from July 2022)
- Uddin, Salah (Mohammed) – Policy Analyst (former)
- Watt, Vanessa – Senior Program Advisor (worked on grants and contributions, developed engagement plan, engagement session logistics for Zoom)
Appendix D: Index of engagement session and meeting attendees
Engagement session and meeting participants
The Employment Equity Act Review Task Force met and engaged with the following individuals, partners and stakeholder organizations between February 2022 to October 2022. These sessions were held over 51 days, holding a total of 109 meetings and engagement sessions with a total of 337 attendees representing 176 stakeholder organizations, partners and government departments.
Abdallah, Ahmed, Canadian Centre for Gender and Sexual Diversity
Abou-Dib, Mariam, Teamsters
Abu-Naqoos, Qussai, Muslim Federal Employee Network
Achampong, Kofi, Black Class Action Secretariat
Achiume, Tendayi, UCLA Law School/ UN Special Rapporteur
Agócs, Carol, Western University
Ahmed-Omer, Dahabo, BlackNorth Initiative
Ali Khan, Muhammed, Indigenous Services Canada
Amazan, Guerda, Maison d’Haïti
Ambrose, Jenelle, Black Female Lawyers Network
Anderson, Lorraine, Canadian Human Rights Commission
Arndt, Greg, Jade Transport Ltd.
Arya, Sara, Canadian Bankers Association
Ashton, Rob, International Longshore and Warehouse Union
Atif, Katia, Action-Travail des Femmes
Austin, Stephanie, Treasury Board Secretariat
Babiuk-Ilkiw, Colleen, Canadian Federation of Business and Professional Women
Balima-Vittin, Cecile, International Labour Organization
Barnett, Rachel, Native Women’s Association of Canada
Beaudry, Jeff, Assembly of First Nations
Bégin, Colonel Marie-Eve, Canadian Armed Forces
Belanger, Neil, British Columbia Aboriginal Network on Disability Society
Belisle, Terri, Students Commission of Canada
Bengio, Luna, Treasury Board Secretariat
Bernard, Claire, Commission des droits de la personne et de droits de la jeunesse du Québec
Bérubé, Dominique, Social Sciences and Humanities Research Council
Bett, Jason, Public Service Pride Network
Betts, Renate, Côte des Neiges Black Community Association
Betty, Courtney, Black Class Action Secretariat
Bickerton, Geoff, Canadian Union of Postal Workers
Birch, Gary, Neil Squire Society
Blackburn, Karl, Conseil du Patronat du Québec
Blackham, Jonathan, Canadian Trucking Alliance
Blair, Fraser, BC Maritime Employer Association
Blaise, Farah, Canadian Human Rights Commission
Borbey, Patrick, Public Service Commission
Boucher, Daniel, Indigenous Executive Network / Indigenous and Northern Affairs Canada
Boucher, Martin, Commission des droits de la personne et de droits de la jeunesse du Québec
Boucher, Patrick, Indigenous Services Canada
Boudreau, Louise, Canada Post
Boudreau, Marie-Lynne, Tri-agency Institutional Program Secretariat
Bowman, Bridget, National Association of Friendship Centres
Boyce, Tyler, Enchanté Network
Brayton, Bonnie, DisAbled Women’s Network
Breault, Laurent, Conseil Québécois LGBT
Brook, Jennifer, Canadian Association of Professional Employees
Brook, Karen, Canadian Association of Professional Employees
Brown, Andrew, Employment and Social Development Canada-Labour Program
Brown, Lachlan, Students Commission of Canada
Burnett, Gillian, Canadian Human Rights Tribunal
Burns, Mike, Chief, Statistics Canada
Cadotte, Gaveen, Public Service Commission
Cairns, Sheelah, Canada Post
Carr, Jennifer, Professional Institute of the Public Service of Canada
Carr, Krista, Inclusion Canada
Cassivi, Rear-Admiral Luc, Canadian Armed Forces
Chazou-Essindi, Germaine, National Arts Centre Corporation
Chevrier, Christopher, Employment and Social Development Canada
Chui, Tina WL, Statistics Canada
Church, Kevin, Employment and Social Development Canada - Labour Program
Cobb, Amanda, Canadian Pacific Railway
Coiquaud, Urwana, HEC Montréal
Colagiovanni, Joseph, Hines
Colman, Geoff, Communications Research Centre Canada
Cooke-Sumbu, Elizabeth, Cumberland African Nova Scotian Association
Côté, Diane, Canadian Institutes of Health Research
Crichlow, Dr. Wesley, University of Ontario Institute of Technology
Cukier, Wendy, Ryerson University
Cummings, Kasey, TELUS
Dale, Vincent, Statistics Canada
Dandy, Elizabeth, Canadian Union of Public Employees
Daoust, Gail, Canadian Armed Forces
David, William, Assembly of First Nations
Dawodharry, Ryan, Jewish Public Service Network
Day, Heather, C.S. Day Transport Ltd.
De Jaegher, Justine, Canadian Association of University Teachers
de Sousa, José, U. Paris-Saclay & SciencesPo
Decter, Ann, Canadian Women’s Foundation
Delaney, Sara, Professional Institute of the Public Service of Canada
DeSousa, Sharon, Public Service Alliance of Canada
Dong, Taylor, BC Maritime Employer Association
Donoghue, Christine, Treasury Board Secretariat - Office of the Chief Human Resources Officer
Douglas, Justin, Public Service Commission
Douglas, Michelle, LGBT Purge Fund
Drissi Kaitouni, Yasmina, Conseil d’intervention pour l’Accès des femmes au travail
Drouin, Jovane, Canadian Broadcasting Corporation
Druhan, Colin, Pride at Work
Dugas, Chantal, Air Canada
DuPerron, Sarah, Treasury Board Secretariat - Office of the Chief Human Resources Officer
Earle, Kory, People First of Canada
Edbom, Evan, Sutco Transportation Specialists
El Bilali, Larbi, Health Canada
Elcock, Hartland, Canadian Bankers Association
El-Khatib, Leila, Muslim Federal Employee Network
Enayeh, Nour, Alliance des femmes francophones du Canada
Epale, Dina, Canadian Association of Professional Employees
Esmonde, Jackie, Canadian Civil Liberties Association
Fam, Abdou Lat, Commission des droits de la personne et de droits de la jeunesse du Québec
Fells, Vanessa, African Nova Scotian Decade for People of African Descent Coalition
Fitzgerald, Tamsin, Les Femmes Michif Otipemisiwak
Flegel, Peter, Canadian Heritage
Fletcher, Shelley, People First of Canada
Folino, Frank, Public Services and Procurement Canada - Translation Bureau
Fonseca, Sara, Black Class Action Secretariat
Fontaine, Guillaume, Public Service Commission
Foyn, Sean, Federal Black Employee Caucus
Frate, Nicolino, Treasury Board Secretariat - Office of the Chief Human Resources Officer
French, Robert, African Nova Scotian Decade for People of African Descent Coalition / Valley African Nova Scotian Development Association
Fuhr, Erica, Jazz Aviation/Chorus Aviation
Gaboton, Richard, Professional Institute of the Public Service of Canada
Gagné, Diane Université du Québec à Trois-Rivières
Gagnon, Annie, Treasury Board Secretariat - Office of the Chief Human Resources Officer
Gagnon, Dr. Suzanne, University of Manitoba
Galabuzi, Grace-Edward, Ryerson University
Gardaad, Fatima, Canadian Labour Congress
Gillespie, Ian, Immigration, Refugees and Citizenship Canada
Go, Amy, Chinese Canadian National Council for Social Justice
Gobel, Ursula, Society, Social Sciences and Humanities Research Council
Gooden, Junique, National Educational Association of Disabled Students
Grant, Michele, Teslin Tlingit Council
Grasse, Bev, Neil Squire Society
Guiste, Raymund, Tropicana Community Services
Haan, Maureen, Canadian Council on Rehabilitation and Work
Haji, Sharif, Africa Centre - Council for the Advancement of African Canadians in Alberta
Hamilton, Kaiya/Kirk, Public Service Pride Network
Harwood, Brenda, Jazz Aviation
Hashim, Mohammed, Canadian Race Relations Foundation
Hassan, Fatma, Canadian Race Relations Foundation
Hassan, Sandra, Employment and Social Development Canada-Labour Program
Hauta, Tija, Canadian Roots Exchange
Hawkins, Stacy, Rutgers Law University, USA
Hedges-Chou, Sarah, Canadian Labour Congress
Hensen, Richard, Public Service Pride Network
Hickey, Brian, Employment and Social Development of Canada
Hudon, François, Employment and Social Development Canada - Labour Program
Huggins, Nadine, Royal Canadian Mounted Police
Hunter, Karen, Assembly of First Nations
Hynes, Derrick, Federally Regulated Employers – Transportation and Communications
Irish, Debbie, Canadian Council on Rehabilitation and Work
Irving, Dr. Dan, Institute Interdisciplinary Studies / Pauline Jewett Institute of Women’s and Gender Studies (Sexuality Studies), Carleton University
Jacobs, Rufus, Congress of Aboriginal Peoples
Jafri, Nuzhat, Canadian Council of Muslim Women
Jakubiec, Dr. Brittany, Egale Canada
Jean Francois, Louis Edgar Groupe 3737
Joe, Francyne, National Association of Friendship Centres
John-Baptiste, Sandra, Tropicana Community Services
Jones, Chiedza, Black Business Initiative
Jones, Migdalia, Tropicana Community Services
Joomun, Wasiimah, Canadian Alliance of Student Associations
Joseph, Kessie, Canadian Human Rights Commission
Kabis, Marie-Josée, Treasury Board Secretariat - Office of the Chief Human Resources Officer
Kanyamunyu, Julius, Black Business Initiative
Karim, Farouk, Canadian Union of Postal Workers
Kaur-Grover, Deepika, Sikh Public Servants Network
Kelly, Tammy, Canadian Union of Public Employees
Khan, Tabassum, Muslim Federal Employees Network
Khan, Waheed, Community of Federal Visible Minorities
King, Chidi, International Labour Organization
Kobayashi, Audrey, Queen’s University
Kokozaki, Kalim, Community of Federal Visible Minorities
Kootoo-Chiarello, Tooneejoulee, Indigenous Federal Networks
Krane, Jaclyn, Canadian Council on Rehabilitation and Work
Kula, Jocelyn, Employment and Social Development Canada
Kumar, Mohan, Statistics Canada
Kwan, Elizabeth, Canadian Labour Congress
LaBillois, Tony, Statistics Canada
Lafortune, Mathilde, Fédération des femmes du Québec
Lamache, Emmett, BGC Canada
Lamba, Seema, Public Service Alliance of Canada
Langille, Ellen, Native Women’s Association of Canada
Lapolice, Jean-Sibert, Federal Black Employee Caucus
Laroche, Yazmine, Public Service Accessibility / Champion for Federal Employees with Disabilities
LeClair, Dale Robert, Canada Post
Leclerc, Karine, Statistics Canada
Leclerc, Nicole, International Development Research Centre
Lee, Stan, Public Service Commission
Leonard, Tim, Statistics Canada
Lepofsky, David, Accessibility for Ontarians with Disabilities Act Alliance
Lequain, Anne-Cecile, Canada Post
Leung, Angela, Health Canada
Levandier, Tara, Inclusion Canada
Levesque, Bruno, Public Service Commission
Lewis, Leslie-Anne, Canadian National Railway Company
Lifshen, Marni, Canadian Council on Rehabilitation and Work
Lipic, Lydia, Public Service Pride Network
Loiselle, Solange, Kativik Regional Government
Lyons-MacFarlane, Maggie, National Educational Association of Disabled Students
Lysyk, Stephanie, Nisga’a Lisims Government
MacFarlane, Julie, Can’t Buy My Silence
Macklin, Christine, Unifor
MacLaine, Cameron, Native Women’s Association of Canada
MacLaughlin, John, Black Class Action Secretariat
MacLeod, Alfred, Treasury Board Secretariat
Maheux, Helene, Statistics Canada
Marchand, Isabelle, Statistics Canada
Martel, Laurent, Statistics Canada
Martins, Dwayne, Canadian Institutes of Health Research
Mason, Stephanie, Canada Post
Masoud, Huda, Statistics Canada
Mazan, Ryan, Inuvialuit Regional Corporation
Mbenoun, Jeanette, Commission des droits de la personne et de droits de la jeunesse du Québec
McKenna, John, Air Transportation Association of Canada
McSheffrey, Robert, Public Service Commission
Members of the Indigenous Federal Employees Network
Mielnik, Monika, Bell
Mikaelian, Virginie, Fédération des femmes du Québec
Millar, Harvi, Management Technologies
Miller, Greg, Canadian Human Rights Tribunal
Mills, Rachel, Inclusion Canada
Mitchell, Gail, Women and Gender Equality Canada
Mitchell, Nancy, Diversity Institute - Ryerson University
Mohammed, Natasha, Canadian Heritage
Mohler, Elizabeth, Citizens with Disabilities – Ontario
Morin, Karine, Natural Sciences and Engineering Research Council
Morin, Louis-Philippe, University of Ottawa
Morin, Michael, Public Service Commission
Morrison, Heather, Inuit Tapiriit Kanatami
Mpala, Shelton, BlackNorth Initiative
Murray, Gregor, Université de Montréal
Narain, Vrinda, McGill University
Narducci, Piero, Canadian Human Rights Commission
Ngan, Vincent, Public Service Pride
O’Loan, Tim, Indigenous Knowledge Keeper
Odell, Tracy, Canadians with Disabilities / Citizens with Disabilities – Ontario
Olivier-Nault, Jessica, Fédération des travailleurs et travailleuses du Québec
Olowolafe Jr., Isaac, Dream Maker Inc.
Onah, Emmanuel, Africa Centre - Council for the Advancement of African Canadians in Alberta
Onwuachi-Willig, Angela, Boston University, School of Law
Ouellet, Major Eric, Department of National Defence, Canadian Armed Forces (CAF)
Outerbridge, Sage, Black Business Initiative
Pageau, Steve, Employment and Social Development Canada
Pang, Winnie Man Yin, Canadian Heritage
Peera, Rishma, Employment and Social Development Canada
Perkins, Zelda, Can’t Buy My Silence
Perreault, Marie-Claude, Conseil du Patronat du Québec
Petit-Frère, Christian, Canadian Bankers Association
Phillips, Greg, Canadian Association of Professional Employees
Pierre, Myrlande, Commission des droits de la personne et de droits de la jeunesse du Québec
Pigeau, Lisa, Les Femmes Michif Otipemisiwak
Polgar, Andrea, Public Service Pride Network
Potskin, Jonathon, Two-Spirit in Motion Society
Proulx, Zia, Employment and Social Development Canada - Labour Program
Prud’homme, Jean-François, Employment and Social Development Canada
Quan-Watson, Daniel, Crown-Indigenous Relations and Northern Affairs Canada / Champion for Visible Minorities for the Federal Public Service
Racine, Éliane, Force Jeunesse
Rakhra, Ravinder, Public Service Commission
Ramsaroop, Chris, Justice 4 Migrant Workers
Ramsey, Tracy, Unifor
Rasekhi-Nejad, Arash, Métis National Council
Robertson, Gary, Employment and Social Development Canada - Labour Program
Rousseau, Larry, Canadian Labour Congress
Roussel, Renée, Employment and Social Development Canada - Labour Program
Roy, Allison, Representative, BGC Canada
Roy, Jean-François, Statistics Canada
Russell, Jyssika, Enchanté Network
Ryan, Brandy, Canada Post
Saba, Tania, Université de Montréal
Salvati, Maria, Canadian National Railway Company
Sandhu, Bhagwant, Community of Federal Visible Minorities
Sarr, Dr. Moussa, Groupe 3737
Saunders, Adam, Canadian Human Rights Commission
Scher, Hugh, Black Class Action Secretariat
Schroeder, Monica, People First of Canada
Sealy-Harrington, Joshua, Ryerson University
Seck, Hawa, Black Business Initiative
Sellar, Randall, Shaw
Senft, Emma, Canadian Pacific Railway
Seremba, Brian, Federation of Black Canadians
Shanks, Dave, Students Commission of Canada
Sharma, Harsh, Employment and Social Development Canada - Labour Program
Sharma, Shalini, Canadian Council for Youth Prosperity
Sheppard, Colleen, McGill University
Sidhu, Navjeet, Unifor
Simard, Louise, Métis National Council
Simpson, Jan, Canadian Union of Postal Workers
Singh, Balpreet, World Sikh Organization of Canada
Singh, Navdip-Kaur, Sikh Public Servants Network
Skowronski, Grace, Canada Post
Smallman, Vicky, Canadian Labour Congress
Smith, Frank, National Educational Association of Disabled Students
Smith, Malinda, University of Calgary
Smylie, Lisa, Women and Gender Equality Canada
Snider, Ceilidh Canadian Human Rights Commission
Southwell, Rustum, Black Business Initiative
Sowinski, Mercedez, Employment and Social Development Canada
Sparkes, Melanie, The Rosedale Group
Spence, Kathryn, Statistics Canada
Spencer, Nadine, Black Business and Professional Association
Squitti, Sidney, Native Women’s Association of Canada
Stein, Michael, Harvard Law School
Strachan, Glenda, Griffith University
Stüber, Eberhard, Swedish Gender Equality Agency
Suk, Julie, Fordham University School of Law
Sylla, Amy, CBC/Radio-Canada
Tao, Erica, Canadian Heritage
Taylor, Julian, Treasury Board Secretariat - Office of the Chief Human Resources Officer
Theede, Stephanie, Westcan Bulk Transport
Thermitus, Tamara, McGill University
Thie, Claire, Indigenous Services Canada
Thompson, Nicholas Marcus, Black Class Action Secretariat
Tierney, Jenny, Inuit Tapiriit Kanatami
Tiessen, Kaylie, Unifor
Tippins, Philippe, Public Service Pride Network
Topping, Geoff, Challenger Motor Freight Inc.
Trespalacios Rubio, Magda, FedEx Canada
Triki-Yamani, Amina, Commission des droits de la personne et de droits de la jeunesse du Québec
Tsevi-Fanson, Isabel, NAV CANADA
Tuitoek, Pauline, Statistics Canada
Van Every, John, Van Every Inc.
Venkatesh, Vasanthi, Justice 4 Migrant Workers
Vertus, Ed, Director, Groupe 3737
Vézina, Samuel, Statistics Canada
Villefrance, Marjorie, Maison d’Haïti
Vipond, Siobhán, Canadian Labour Congress
Vogt, Jack, BC Maritime Employer Association
Wadher, Leena, Canadian Pacific Railway
Walsh, Kordell, Canadian Alliance of Student Associations / University of New Brunswick Student Union
Warburton, Pamela, Agriculture and Agri-Food Canada Canada
Webb, Melissa, Nunatsiavut Government
Wells, Letitia, Indigenous Class Action Lawsuit
Westland, Robin, Tr’ondëk Hwëch’in Government
Whitaker, Robin, Canadian Association of University Teachers / Memorial University
White, Danielle, Indigenous Services Canada / Indigenous Executive Network
Whiteduck, Judy, Native Women’s Association of Canada
Williams, Shanay, Inuvialuit Regional Corporation
Willis, David, Communications Research Centre Canada
Willis, Heather, Citizens with Disabilities – Ontario
Wilson, Christopher, The Coalition of Black Trade Unionists, Ontario
Wilson, Gina, Champion for Indigenous Federal Employees, Women and Gender Equality
Wise, Amichai, Jewish Public Servants Network
Woo-Paw, Teresa, Act2End Racism
Wright, Heather, BC Maritime Employer Association
Wu, May Ming, Health Canada / Steering Committee for Visible Minorities
Young, Tuma, Cape Breton University / Wabanaki Two Spirit Alliance
Zagler, Gertrude, Employment and Social Development Canada - Labour Progam
Zentner, Yvette, Indigenous Class Action Lawsuit
Zhu, Jing, Employment and Social Development Canada
Stakeholder organizations and partners
2 Spirits in Motion Society
Accessibility for Ontarians with Disabilities Act Alliance
Act2End Racism
Action-Travail des Femmes
Africa Centre - Council for the Advancement of African Canadians in Alberta
African Nova Scotian Decade for People of African Descent Coalition
Air Canada
Air Transportation Association of Canada
Alliance des femmes francophones du Canada
Assembly of First Nations
BC Maritime Employer Association
Bell
BGC Canada
Black Business and Professional Association
Black Business Initiative
Black Class Action Secretariat
Black Female Lawyers Network
BlackNorth Initiative
Boston University, School of Law
British Columbia Aboriginal Network on Disability Society
C.S. Day Transport Ltd.
Can’t Buy My Silence
Canada Post
Canadian Alliance of Student Associations
Canadian Armed Forces (CAF)
Canadian Association of Professional Employees
Canadian Association of University Teachers
Canadian Bankers Association
Canadian Broadcasting Corporation
Canadian Centre for Gender and Sexual Diversity
Canadian Civil Liberties Association
Canadian Council for Youth Prosperity
Canadian Council of Muslim Women
Canadian Council on Rehabilitation and Work
Canadian Federation of Business and Professional Women
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Canadian Institutes of Health Research
Canadian Labour Congress
Canadian National Railway Company
Canadian Pacific Railway
Canadian Race Relations Foundation
Canadian Roots Exchange
Canadian Trucking Alliance
Canadian Union of Postal Workers
Canadian Union of Public Employees
Canadian Women’s Foundation
Cape Breton University
Carleton University
Challenger Motor Freight Inc.
Champion for Indigenous federal employees
Champion for Visible Minorities for the Federal Public Service
Chinese Canadian National Council for Social Justice
Chorus Aviation
Citizens with Disabilities – Ontario
Commission des droits de la personne et de droits de la jeunesse du Québec
Communications Research Centre Canada
Community of Federal Visible Minorities
Congress of Aboriginal Peoples
Conseil du Patronat du Québec
Conseil Québécois LGBT
Côte des Neiges Black Community Association
Council of Canadians with Disabilities
Crown-Indigenous Relations and Northern Affairs Canada
Cumberland African Nova Scotian Association
D’économie, U. Paris-Saclay & SciencesPo (France)
Department of National Defence
DisAbled Women’s Network
Diversity Institute, Ryerson University
DM Champion for Federal Employees with Disabilities
Dream Maker Inc.
Egale Canada
Employment and Social Development Canada
Employment and Social Development Canada - Labour Program
Employment and Social Development of Canada
Enchanté Network
Federal Black Employee Caucus
Federally Regulated Employers – Transportation and Communications (FETCO)
Fédération des femmes du Québec
Fédération des travailleurs et travailleuses du Québec
Federation of Black Canadians
FedEx Canada
Force Jeunesse
Fordham University School of Law
Griffith University
Groupe 3737
Harvard Law School
Health Canada
Health Canada / Steering Committee for Visible Minorities
HEC Montréal
Hines, Houston, TX, USA
Immigration, Refugees and Citizenship Canada
Inclusion Canada
Indigenous and Northern Affairs Canada
Indigenous Class Action Lawsuit
Indigenous Executive Network
Indigenous Federal Employees Network
Indigenous Federal Networks
Indigenous Knowledge Keeper
Indigenous Services Canada
International Development Research Centre
International Labour Organization
International Longshore and Warehouse Union
Inuit Tapiriit Kanatami
Inuvialuit Regional Corporation
Jade Transport Ltd.
Jazz Aviation
Jewish Public Servants Network
Justice 4 Migrant Workers
Kativik Regional Government
l’Accès des femmes au travail (CIAFT)
Les Femmes Michif Otipemisiwak
LGBT Purge Fund
Maison d’Haïti
Management Technologies
McGill University
Memorial University
Métis National Council
Muslim Federal Employees Network
National Arts Centre Corporation
National Association of Friendship Centres
National Educational Association of Disabled Students
Native Women’s Association of Canada
Natural Sciences and Engineering Research Council
NAV CANADA
Neil Squire Society
Nisga’a Lisims Government
Nunatsiavut Government
People First of Canada
Persons with Disabilities Network at AAFC
Pride at Work
Professional Institute of the Public Service of Canada
Public Service Accessibility
Public Service Alliance of Canada
Public Service Commission
Public Service Pride Network
Queen’s University
Royal Canadian Mounted Police
Rutgers Law University, USA
Ryerson University
Shaw
Sikh Public Servants Network
Social Sciences and Humanities Research Council
Statistics Canada
Students Commission of Canada
Sutco Transportation Specialists
Swedish Gender Equality Agency
Teamsters
TELUS
Teslin Tlingit Council
The Coalition of Black Trade Unionists, Ontario
The Rosedale Group
Tr’ondëk Hwëch’in Government
Translation Bureau, Public Services and Procurement Canada.
Treasury Board Secretariat
Treasury Board Secretariat - Office of the Chief Human Resources Officer
Tri-agency Institutional Program Secretariat
Tropicana Community Services
UCLA Law School/ UN Special Rapporteur
Unifor
Université de Montréal
Université du Québec à Trois-Rivières
University of Calgary
University of Manitoba
University of New Brunswick Student Union
University of Ontario Institute of Technology
University of Ottawa
Valley African Nova Scotian Development Association
Van Every Inc.
Wabanaki Two Spirit Alliance
Westcan Bulk Transport
Western University
Women and Gender Equality Canada
World Sikh Organization of Canada
Appendix E: List of enhanced engagements
Partner | Status and date |
---|---|
Assembly of First Nations | Not yet submitted |
Congress of Aboriginal Peoples | Not yet submitted |
Les Femmes Michif Otipemisiwak | Engagement session October 2022 |
National Association of Friendship Centres | Submitted on October 27, 2022 |
Native Women’s Association of Canada | Submitted on November 1, 2022 |
Organization | Status and date |
---|---|
British Columbia Aboriginal Network on Disability Society | Not yet submitted |
Canadian Council on Rehabilitation and Work | Submitted on June 27, 2022 |
Inclusion Canada | Submitted on June 6, 2022 |
National Educational Association of Disabled Students | Submitted on August 15, 2022 |
People First of Canada | Submitted on June 15, 2022 |
Organization | Status and date |
---|---|
Enchanté Network | Submitted on August 31, 2022 |
Organization | Status and date |
---|---|
Black Canadian Communities:
|
Submitted on July 21, 2022 |
Appendix F: Index of written submissions
The Employment Equity Act Review Task Force received 126 comprehensive written submissions from government officials and departments, partners and stakeholder organizations, including employers, unions, professional associations and those from employment equity groups and other communities, such as women, 2SLGBTQI+ Canadians, Indigenous people, Black and racialized Canadians, people with disabilities and other underrepresented groups.
The Task Force also received over 300 written submissions covering the full scope of the review, and over 350 expressions of views shared via electronic correspondence.
The following provided comprehensive written submissions to inform the work of the Task Force:
- Alliance for Equality of Blind Canadians
- Black Class Action Secretariat
- Canada Post
- Canada Border Services Agency - Prairie Region
- Canada Border Services Agency - Visible Minority Advisory Committee
- Canada Revenue Agency - LGBTQ2 Network
- Canadian Association of Counsel to Employers
- Canadian Association of Professional Employees
- Canadian Association of University Teachers
- Canadian Bankers Association
- Canadian Bar Association
- Canadian Council of Muslim Women
- Canadian Council on Rehabilitation and Work
- Canadian Disability Alliance
- Canadian Federation of University Women
- Canadian Heritage – Advisory Committee on (Dis)Ability
- Canadian Human Rights Commission
- Canadian Institutes of Health Research
- Canadian Labour Congress
- Canadian Nuclear Safety Commission
- Canadian Race Relation Foundation
- Canadian Union of Postal Workers
- Canadian Union of Public Employees
- Canadian Women's Foundation
- Canadian Women's Sex-Based Rights
- Chartered Professionals in Human Resources Canada
- Chinese Professionals Association of Canada
- Community of Federal Visible Minorities
- Conseil du patronat du Québec
- Crichlow, Wesley, PhD, Professor Critical Race Intersectional Theorist, Faculty of Social Science and Humanities, University of Ontario Institute of Technology
- Dalhousie University – Employment Equity Council
- Deputy Minister Champion for Visible Minorities for the Federal Public Service, Daniel Quan-Watson, Deputy Minister of Crown-Indigenous Relations and Northern Affairs Canada
- Egale Canada
- Employment and Social Development Canada - Black Engagement and Advancement Team and Black United
- Employment and Social Development Canada - Visible Minorities Network
- Environment and Climate Change Canada - Black Employees Network
- Federal Black Employees Caucus
- Federally Regulated Employers – Transportation and Communications
- Health Canada - Workplace Wellness Committee
- Health Canada - Visible Minorities Network
- Infrastructure Canada
- International Longshore and Warehouse Union Canada
- Jewish Public Service Network
- JusticeTrans
- Kootenay Women in Trades
- LGB Alliance Canada
- LiveWorkPlay
- Muslim Federal Employees Network
- National Association of Friendship Centres
- National Indigenous Economic Development Board
- National Joint Council - Joint Employment Equity Committee
- National Security and Intelligence Review Agency Secretariat
- Nòkwewashk, Natural Resources Canada
- Office of the Secretary to the Governor General
- Professional Institute of the Public Service of Canada
- Public Service Alliance of Canada
- Public Service Commission of Canada
- Queen's University - Human Rights and Equity Office
- Sikh Public Servants Network
- South Asian Legal Clinic of Ontario, the Ontario Council of Agencies Serving Immigrants, and Colour of Poverty-Colour of Change
- Treasury Board Secretariat - Indigenous Employee Network
- Treasury Board Secretariat – Office of the Chief Human Resources Office
- Treasury Board Secretariat – Office of the Chief Human Resources Officer with:
- Canadian Space Agency
- Agriculture and Agri-Food Canada
- Anti-Racism Ambassadors Network
- Black Executive Network
- Canada Border Services Agency
- Canada Energy Regulator
- Canada Mortgage and Housing Corporation
- Canada Revenue Agency:
- Canada Revenue Agency (Department)
- People With Disabilities Network
- Canadian Armed Forces
- Canadian Food Inspection Agency
- Canadian Radio - Television and Telecommunications Commission
- Canadian Security Intelligence Service:
- Black, Indigenous, and Persons of Colour Network
- Gender-based Analysis Plus Network
- Diversity and Inclusion Program, Gender-based Analysis Plus
- Pride Network
- Employee Submission 1
- Employee Submission 2
- Canadian Transportation Agency - Committee on Diversity and Inclusion
- Communications Security Establishment
- Crown-Indigenous Relations and Northern Affairs Canada
- Department of National Defence - Defence Advisory Group for Persons with Disabilities
- Deputy Minister Champion for Federal Indigenous Employees, Gina Wilson, Deputy Minister of Women and Gender Equality and Youth
- Elections Canada
- Employment and Social Development Canada:
- Human Resources Services Branch - Diversity and Inclusion Team
- Employees with Disabilities Network
- Health Canada and Public Health Agency of Canada - Equity, Diversity and Inclusion Office
- Health Canada - Persons with Disabilities Network
- Immigration, Refugees and Citizenship Canada:
- Immigration, Refugees and Citizenship Canada (Department)
- Federal Internship for Newcomers Program
- Impact Assessment Agency of Canada
- Innovation, Science and Economic Development Canada
- Jewish Public Service Network
- Justice Canada:
- Justice Canada (Department)
- Justice Canada Employees
- Advisory Committee on Sexual Orientation, Gender Identity and Expression
- Advisory Committee for Women
- Muslim Federal Employees Network
- National Managers' Community
- Natural Resources Canada:
- Natural Resources Canada (Department)
- Visible Minority Advisory Council & Black Employees Advisory Council
- Office of Public Service Accessibility
- Office of the Auditor General of Canada:
- Employee Submission 1
- Employee Submission 2
- Employee Submission 3
- Privy Council Office
- Public Health Agency of Canada - Persons with Disabilities Network
- Public Prosecution Service of Canada
- Public Service Commission of Canada
- Public Service Interdepartmental Network on Employment Equity and Diversity Community of Practice
- Public Services and Procurement Canada
- Royal Canadian Mounted Police:
- Royal Canadian Mounted Police (Department)
- Racial Diversity Employee Network
- Sikh Public Servants Network
- Statistics Canada
- Deputy Minister Champion for Federal Indigenous Employees, Gina Wilson, Deputy Minister of Women and Gender Equality and Youth
- Women and Gender Equality Canada
- United Food and Commercial Workers Union
- Unifor
- United Steelworkers
- Vancouver Lesbian Collective
- Via Rail
- Williams Sale Partnership
- Women’s Declaration International
- Women's Legal Education & Action Fund
- World Sikh Organization of Canada
- Women’s Space Vancouver
- World Education Services
Appendix G: Engagement session attendees – Individual meetings with Task Force Chair & Vice Chair or Task Force Chair alone
Organization | Attendees | Sector |
---|---|---|
Canadian Human Rights Commission (CHRC): Accessibility Commissioner |
|
Federal Public Service |
CHRC: Chief Commissioner |
|
Federal Public Service |
Social Sciences and Humanities Research Council (SSHRC) |
|
Federal Public Service |
SSHRC – Office of the President |
|
Federal Public Service |
University of Sherbrooke |
|
Academic |
York University |
|
Academic |
Office of the Auditor General |
|
Federal Public Service |
CHRC: Pay Equity Commissioner |
|
Federal Public Service |
Federal Public Sector Labour Relations and Employment Board |
|
Federal Public Service |
Specialist in Privacy Law |
|
Law |
Universidad Federal de Ouro Preto, Brazil |
|
Academic |
Appendix H: Expert consultancies commissioned by Employment Equity Act Review Task Force
Report title and date | Researchers/Experts |
---|---|
Rethinking the relationship between Indigenous Rights and Employment Equity - August 2022 |
|
Working Paper on Employment Equity and Inclusion: Through the Lens of Substantive Equality - September 2022 |
|
Investigating Potential New Datasets to Foster Our Understanding of the Labour Market - August 2022 |
|
Ensuring Compliance and Progress with The Employment Equity Act: A Review of Worker Voice Mechanisms in the Federally Regulated Private Sector – October 2022 |
|
Affirmative Action Law & Policy in the United States: Past, Present, and Future - September 2022 |
|
Think Piece on Three Topics: Adding Equity-seeking Groups to Those Covered under the Employment Equity Act, Improving Employee Self-identification and Monitoring of Equity Results, and Workplace Employment Equity Committees - August 2022 |
|
Appendix I: ILO Conventions ratified by and in force in Canada
Fundamental
C029 – Forced Labour Convention, 1930 (No. 29) ratified 13 June 2011
C087 – Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) ratified on 23 March 1972
C098 – Right to Organise and Collective Bargaining Convention, 1949 (No. 98) ratified on 17 June 2017
C100 – Equal Remuneration Convention, 1951 (No. 100) ratified on 16 November 1972
C105 – Abolition of Forced Labour Convention, 1957 (No. 105) ratified on 14 July 1959
C111 – Discrimination (Employment and Occupation) Convention, 1958 (No. 111) ratified on 26 November 1964
C138 – Minimum Age Convention, 1973 (No. 138) ratified on 8 June 2016
C182 – Worst Forms of Child Labour Convention, 1999 (No. 182) ratified on 6 June 2000
C187 – Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) ratified on 13 June 2011
Governance (Priority)
C081 – Labour Inspection Convention, 1947 (No. 81) ratified on 17 June 2019
C122 – Employment Policy Convention, 1964 (No. 122) ratified on 16 September 1966
C144 – Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) ratified on 13 June 2011
Technical
C001 – Hours of Work (Industry) Convention, 1919 (No.1) ratified on 21 March 1935
C014 – Weekly Rest (Industry) Convention, 1921 (No. 14) ratified on 21 March 1935
C026 – Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) ratified on 25 April 1935
C027 – Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27) ratified on 30 June 1938
C032 – Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) ratified on 6 April 1946
C080 – Final Articles Revision Convention, 1946 (No. 80) ratified on 31 July 1947
C088 – Employment Service Convention, 1948 (No. 88) ratified on 24 August 1950
C108 – Seafarers’ Identity Documents Convention, 1958 (No. 108) ratified on 31 May 1967
C116 – Final Articles Revision Convention, 1961 (No. 116) ratified on 25 April 1962
C160 – Labour Statistics Convention, 1985 (No. 160) ratified on 22 November 1995
C162 – Asbestos Convention, 1986 (No. 162) ratified on 16 June 1988
MLC, 2006 – Maritime Labour Convention, 2006 (MLC, 2006) ratified on 15 June 2010
Amendments of 2014 to the MLC, 2006 ratified on 16 January 2017
Amendments of 2016 to the MLC, 2006 ratified on 8 January 2019
Amendments of 2018 to the MLC, 2006 ratified on 26 December 2020
Appendix J: List of other international human rights treaties to which Canada is a party (with year of ratification or accession)
- Convention on the Prevention and Punishment of the Crime of Genocide (1952)
- International Convention on the Elimination of All Forms of Racial Discrimination (1970)
- International Covenant on Economic, Social and Cultural Rights (1976)
- International Covenant on Civil and Political Rights (ICCPR) (1976)
- Optional Protocol to the ICCPR (complaint mechanism) (1976)
- Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty (2005)
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1981)
- Optional Protocol to CEDAW (complaint mechanism) (2002)
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987)
- Convention on the Rights of the Child (CRC) (1991)
- Optional Protocol to the CRC on the Involvement of Children in armed conflict (2000)
- Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography (2005)
- Convention on the Rights of Persons with Disabilities (2010)
- Optional Protocol to the Convention on the Rights of Persons with Disabilities (2018)
Appendix K: Comparative law table of employment equity legislation
Sector | Canada (fed) | Australia | Brazil | France | India | Northern Ireland | South Africa | Sweden | USA (fed) |
---|---|---|---|---|---|---|---|---|---|
Public sector | Yes | Yes | Yes | Yes, but limited | Yes | Yes | Yes | Yes | Yes |
Private sector | Yes | Yes (for AA) | No | Yes | No | No | Yes | Yes | Yes |
Measures | Canada (fed) | Australia | Brazil | France | India | Northern Ireland | South Africa | Sweden | USA (fed) |
---|---|---|---|---|---|---|---|---|---|
Numerical targets | No | Yes | Yes, 50% in designated universities | Yes, 6% quota for disabled persons | Yes, up to 50% | Yes | Yes, s. 15(2)(3) of EEA | No | Yes, “placement goals” as per 41 CFR 60 2.16(a) of EEO 11246 |
Timetables | No | No | No | No | N/A | No | Yes, s. 20(2) of EEA | No | No |
Employment systems review for barrier removal | Yes | Yes, s. 6 of the EEOA | No | No | No | Yes, art. 55 of the Fair Employment and Treatment Act and Section 75 of the Northern Ireland Act | Yes, s. 15(2)(1) of EEA | No | Yes, 41 CFR 60 2.10(a)(1) |
Action plans | Yes | Yes, s. 9 of EEOA | Yes | Yes | Yes | Yes | Yes, s. 20(2) of EEA. | Yes, for pay equity, s. 11 of the Equal Opportunities Act | Yes, 41 CFR 60 2.1(b) of EEO 11246 |
Joint committees | Yes | Yes | No | No reference | No reference | No | Yes, ss. 16-17 of EEA | No | Yes, Section 709 of Title VII of the Civil Rights Act of 1964 |
Oversight agencies | Public Service Commission | Australian Human Rights and Equal Opportunity Commission, Workplace Gender Equality Agency | Ministério da Educação (Ministry of Education) |
Comité interministériel du handicap; Ministère de l’éducation nationale et de la jeunesse | National Human Rights Commission; National Commission for Scheduled Castes, National Commission for Scheduled Tribes | Northern Ireland Civil Service Commission, The Equality Commission | Department of Labour Commission for Employment Equity and the Commission for Conciliation, Mediation and Arbitration | Swedish Gender Equality Agency | Department of Labor; Employment Equity Opportunity Commission; Office of Federal Contract Compliance Programs (OFCCP) |
Enforcement | Canadian Human Rights Commission and Minister of Labour, via Labour Program at Employment and Social Development Canada | Australian Human Rights Commission | Ministry of Education, Ad-hoc commissions/boards created to verify student eligibility | Conseil Départemental de la Citoyenneté et de l’Autonomie | Dept of Social Justice & Empowerment | Northern Ireland Civil Service Commissioners; Fair Employment Agency and Fair Employment Tribunal | Chapter V, ss. 35—45 | Equal Opportunities Ombudsman; Equal Opportunities Board and Commission | Obligations of Contractors, 41 CFR 60 1.20(a) of EEO 11246 |
Scorecards | No | Yes, for gender equality | No | No | No | No | Yes, BBBEEA | No | No |
Equity group | Canada (fed) | Australia | Brazil | France | India | Northern Ireland | South Africa | Sweden | USA (fed) |
---|---|---|---|---|---|---|---|---|---|
Indigenous workers | Yes | Yes, Aboriginals of Torres Strait Islands | Yes | N/A | No | N/A | Overlap with Black workers (settler colonial past) | No | Yes |
Women workers | Yes | Yes | Yes | Yes | Yes | Voluntary | Yes | Yes | Yes |
Disabled workers | Yes | Yes | Yes | Yes | Yes | Voluntary | Yes | Yes | Yes |
Black workers | Visible minorities | Indirectly (see below) | Yes | No | No | No | Yes, but both Acts define Black as “Africans, Coloureds and Indians.” The Pretoria High Court read in Chinese people | No | Minorities |
Racialized workers | Visible minorities | Indirectly (migrants whose first language is not English) | Yes | No | N/A | Voluntary | Yes | No | Minorities |
2SLGBTQI+ workers | No | No | No | No | Yes, trans workers in Karnataka state | Voluntary | No | No | Sexual Orientation and gender identity |
Other equity groups | No | Persons who have migrated to Australia and whose first language is not English (and their children); Equal Employment Opportunity Act, s. 3(b) | No | Lower-income neighbourhoods, high immigrant areas, persons whose first language is not French | Scheduled castes and tribes; “backwards classes,” or economically disadvantaged classes | Religion and political opinion | No | No | No |
Appendix L: The 10 highest-paying and lowest-paying jobs in Canada (based on average employment income for full-time full-year employees)
Occupation - National Occupational Classification (NOC) 2021 | Total population | Indigenous identity | Non-Indigenous identity | Visible minority population | Black population | Not a visible minority | Men+ | Women+ |
---|---|---|---|---|---|---|---|---|
Total for all 10 occupations | $77,200 | $64,700 | $77,700 | $69,700 | $62,050 | $79,600 | $85,400 | $67,000 |
Judges | $274,000 | $260,000 | $274,400 | $272,000 | $220,000 | $274,000 | $284,800 | $261,500 |
Seniors managers - public and private sector | $188,800 | $129,200 | $190,400 | $159,600 | $132,800 | $193,200 | $208,800 | $141,400 |
Petroleum engineers | $185,000 | $210,000 | $184,600 | $168,000 | $139,000 | $194,000 | $190,000 | $161,000 |
Specialists in surgery | $184,000 | $152,000 | $184,400 | $161,400 | $176,000 | $194,400 | $200,000 | $153,200 |
Managers in natural resources production and fishing | $183,200 | $168,000 | $184,000 | $179,000 | $152,000 | $183,400 | $186,000 | $158,800 |
Specialists in clinical and laboratory medicine | $182,200 | $160,000 | $182,400 | $158,600 | $144,000 | $194,600 | $192,600 | $168,400 |
Lawyers and Quebec notaries | $176,800 | $146,600 | $177,400 | $129,200 | $113,800 | $186,400 | $198,600 | $151,000 |
Mining engineers | $174,000 | $120,000 | $175,000 | $135,500 | $122,000 | $188,000 | $183,200 | $122,400 |
Securities agents, investment dealers and brokers | $167,000 | $104,000 | $168,000 | $116,200 | $104,400 | $194,200 | $198,800 | $98,000 |
Financial and investment analysts | $156,000 | $101,200 | $156,800 | $133,400 | $81,900 | $172,400 | $203,800 | $96,200 |
- Source: Census 2021, LAB 22 prepared for Task Force
Occupation - National Occupational Classification (NOC) 2021 | Total population | Indigenous identity | Non-Indigenous identity | Visible minority population | Black population | Not a visible minority | Men+ | Women+ |
---|---|---|---|---|---|---|---|---|
Total for all 10 occupations | 9,912,810 | 367,245 | 9,545,565 | 2,389,535 | 351,595 | 7,523,275 | 5,493,725 | 4,419,090 |
Judges | 2,580 | 80 | 2,495 | 155 | 30 | 2,425 | 1,370 | 1,205 |
Seniors managers - public and private sector | 187,475 | 4,710 | 182,765 | 23,905 | 2,485 | 163,570 | 131,780 | 55,690 |
Petroleum engineers | 3,670 | 70 | 3,600 | 1,275 | 195 | 2,395 | 3,035 | 630 |
Specialists in surgery | 5,865 | 65 | 5,800 | 1,845 | 110 | 4,020 | 3,860 | 2,005 |
Managers in natural resources production and fishing | 7,670 | 420 | 7,245 | 480 | 70 | 7,190 | 6,870 | 795 |
Specialists in clinical and laboratory medicine | 18,455 | 140 | 18,315 | 6,290 | 390 | 12,160 | 10,585 | 7,860 |
Lawyers and Quebec notaries | 70,990 | 1,435 | 69,560 | 11,925 | 1,635 | 59,065 | 38,355 | 32,640 |
Mining engineers | 2,355 | 50 | 2,310 | 630 | 120 | 1,725 | 1,995 | 355 |
Securities agents, investment dealers and brokers | 9,235 | 125 | 9,110 | 3,210 | 400 | 6,020 | 6,330 | 2,900 |
Financial and investment analysts | 45,185 | 515 | 44,665 | 18,915 | 2,160 | 26,265 | 25,165 | 20,015 |
- Source: Census 2021, LAB 22 prepared for Task Force
Occupation - National Occupational Classification (NOC) 2021 | Total population | Indigenous identity | Non-Indigenous identity | Visible minority population | Black population | Not a visible minority | Men+ | Women+ |
---|---|---|---|---|---|---|---|---|
Total for all 10 occupations | $77,200 | $64,700 | $77,700 | $69,700 | $62,050 | $79,600 | $85,400 | $67,000 |
Maîtres d'hôtel and hosts/hostesses | $28,900 | $31,000 | $28,750 | $23,200 | $15,000 | $30,200 | $40,400 | $25,600 |
Artisans and craftspersons | $28,720 | $25,800 | $28,840 | $33,600 | $29,000 | $27,840 | $33,640 | $24,780 |
Tailors, dressmakers, furriers and milliners | $28,320 | $34,000 | $28,200 | $28,760 | $22,400 | $28,000 | $33,200 | $27,680 |
Food and beverage servers | $27,000 | $20,300 | $27,360 | $29,400 | $29,900 | $25,840 | $31,400 | $25,720 |
Estheticians, electrologists and related occupations | $26,120 | $23,200 | $26,200 | $24,400 | $25,600 | $26,960 | $28,950 | $25,800 |
Painters, sculptors and other visual artists | $25,720 | $23,000 | $25,840 | $27,300 | $31,000 | $25,460 | $29,560 | $22,580 |
Home child care providers | $25,260 | $23,500 | $25,320 | $28,640 | $27,400 | $22,080 | $30,000 | $25,100 |
Taxi and limousine drivers and chauffeurs | $23,680 | $33,500 | $23,100 | $18,700 | $15,820 | $30,400 | $23,300 | $29,350 |
Bartenders | $23,240 | $21,800 | $23,360 | $24,400 | $25,600 | $23,040 | $24,560 | $22,380 |
Hairstylists and barbers | $22,620 | $23,000 | $22,620 | $22,720 | $21,600 | $22,600 | $25,800 | $21,960 |
- Source: Census 2021, LAB 22 prepared for Task Force
Occupation - National Occupational Classification (NOC) 2021 | Total population | Indigenous identity | Non-Indigenous identity | Visible minority population | Black population | Not a visible minority | Men+ | Women+ |
---|---|---|---|---|---|---|---|---|
Total for all 10 occupations | 9,912,810 | 367,245 | 9,545,565 | 2,389,535 | 351,595 | 7,523,275 | 5,493,725 | 4,419,090 |
Maîtres d'hôtel and hosts/hostesses | 710 | 40 | 665 | 130 | 35 | 575 | 160 | 545 |
Artisans and craftspersons | 4,290 | 190 | 4,095 | 650 | 45 | 3,645 | 1,905 | 2,390 |
Tailors, dressmakers, furriers and milliners | 5,120 | 90 | 5,035 | 2,085 | 150 | 3,035 | 590 | 4,530 |
Food and beverage servers | 10,890 | 515 | 10,375 | 3,640 | 335 | 7,250 | 2,495 | 8,400 |
Estheticians, electrologists and related occupations | 9,695 | 260 | 9,435 | 3,150 | 170 | 6,550 | 1,005 | 8,690 |
Painters, sculptors and other visual artists | 4,380 | 165 | 4,215 | 620 | 80 | 3,765 | 1,985 | 2,395 |
Home child care providers | 16,615 | 635 | 15,980 | 8,035 | 555 | 8,580 | 485 | 16,130 |
Taxi and limousine drivers and chauffeurs | 13,450 | 770 | 12,675 | 7,710 | 1,725 | 5,740 | 12,575 | 875 |
Bartenders | 2,340 | 205 | 2,135 | 340 | 80 | 2,000 | 910 | 1,430 |
Hairstylists and barbers | 14,355 | 605 | 13,745 | 2,955 | 415 | 11,400 | 2,500 | 11,855 |
- Source: Census 2021, LAB 22 prepared for Task Force
Appendix M: Occupations under the National Occupational Codes that employ 90% or more men or women, 2021 Census
Occupations | % of men+ of total gender | % of women+ of total gender |
---|---|---|
Drillers and blasters - surface mining, quarrying and construction | 99.25 | 0.64 |
Elevator constructors and mechanics | 98.94 | 1.06 |
Heavy-duty equipment mechanics | 98.88 | 1.11 |
Bricklayers | 98.86 | 1.17 |
Other small engine and small equipment repairers | 98.47 | 1.53 |
Oil and solid fuel heating mechanics | 98.30 | 1.70 |
Plumbers | 98.29 | 1.72 |
Fishing masters and officers | 98.27 | 1.73 |
Construction millwrights and industrial mechanics | 98.26 | 1.74 |
Heating, refrigeration and air conditioning mechanics | 98.22 | 1.77 |
Electrical power line and cable workers | 98.19 | 1.78 |
Automotive service technicians, truck and bus mechanics and mechanical repairers | 98.12 | 1.87 |
Logging machinery operators | 98.08 | 1.92 |
Industrial electricians | 98.06 | 1.92 |
Steamfitters, pipefitters and sprinkler system installers | 97.99 | 2.04 |
Roofers and shinglers | 97.94 | 2.06 |
Ironworkers | 97.79 | 2.21 |
Concrete finishers | 97.76 | 2.24 |
Carpenters | 97.58 | 2.42 |
Crane operators | 97.56 | 2.41 |
Glaziers | 97.52 | 2.54 |
Motorcycle, all-terrain vehicle and other related mechanics | 97.50 | 2.50 |
Sheet metal workers | 97.49 | 2.49 |
Electricians (except industrial and power system) | 97.42 | 2.58 |
Boilermakers | 97.29 | 2.71 |
Contractors and supervisors, carpentry trades | 97.12 | 2.88 |
Structural metal and platework fabricators and fitters | 97.08 | 2.99 |
Railway carmen/women | 97.07 | 3.13 |
Appliance servicers and repairers | 96.93 | 3.15 |
Chain saw and skidder operators | 96.79 | 3.21 |
Gas fitters | 96.59 | 3.47 |
Power system electricians | 96.45 | 3.55 |
Water well drillers | 96.30 | 3.70 |
Floor covering installers | 96.26 | 3.77 |
Railway yard and track maintenance workers | 96.24 | 3.76 |
Electrical mechanics | 96.20 | 3.85 |
Contractors and supervisors, heavy equipment operator crews | 96.13 | 3.87 |
Oil and gas well drilling and related workers and services operators | 96.08 | 3.92 |
Underground production and development miners | 96.07 | 3.93 |
Telecommunications line and cable installers and repairers | 96.03 | 3.97 |
Contractors and supervisors, pipefitting trades | 95.64 | 4.30 |
Tilesetters | 95.52 | 4.48 |
Heavy equipment operators | 95.51 | 4.48 |
Transport truck drivers | 95.50 | 4.50 |
Plasterers, drywall installers and finishers and lathers | 95.49 | 4.51 |
Tool and die makers | 95.47 | 4.58 |
Machinists and machining and tooling inspectors | 95.43 | 4.57 |
Concrete, clay and stone forming operators | 95.39 | 4.61 |
Industrial instrument technicians and mechanics | 95.32 | 4.73 |
Welders and related machine operators | 95.26 | 4.74 |
Residential and commercial installers and servicers | 95.23 | 4.77 |
Auto body collision, refinishing and glass technicians and damage repair estimators | 95.16 | 4.82 |
Supervisors, mining and quarrying | 95.16 | 4.78 |
Engineer officers, water transport | 95.10 | 5.23 |
Automotive and heavy truck and equipment parts installers and servicers | 95.07 | 4.96 |
Contractors and supervisors, oil and gas drilling and services | 94.93 | 5.03 |
Public works maintenance equipment operators and related workers | 94.88 | 5.12 |
Railway conductors and brakemen/women | 94.52 | 5.48 |
Supervisors, logging and forestry | 94.38 | 5.55 |
Firefighters | 94.30 | 5.70 |
Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations | 94.24 | 5.80 |
Supervisors, mineral and metal processing | 94.23 | 5.86 |
Railway and yard locomotive engineers | 93.87 | 6.13 |
Machine fitters | 93.85 | 6.38 |
Electronic service technicians (household and business equipment) | 93.79 | 6.21 |
Aircraft mechanics and aircraft inspectors | 93.75 | 6.23 |
Power engineers and power systems operators | 93.75 | 6.25 |
Foundry workers | 93.66 | 6.14 |
Other repairers and servicers | 93.64 | 6.36 |
Home building and renovation managers | 93.42 | 6.58 |
Oil and gas drilling, servicing and related labourers | 93.32 | 6.68 |
Contractors and supervisors, electrical trades and telecommunications occupations | 93.27 | 6.73 |
Sawmill machine operators | 93.20 | 6.80 |
Machine operators, mineral and metal processing | 93.20 | 6.80 |
Underground mine service and support workers | 93.16 | 6.73 |
Contractors and supervisors, mechanic trades | 93.16 | 6.84 |
Mechanical engineering technologists and technicians | 93.12 | 6.88 |
Taxi and limousine drivers and chauffeurs | 93.11 | 6.90 |
Contractors and supervisors, other construction trades, installers, repairers and servicers | 92.77 | 7.24 |
Air pilots, flight engineers and flying instructors | 92.53 | 7.47 |
Central control and process operators, mineral and metal processing | 92.31 | 7.49 |
Aircraft instrument, electrical and avionics mechanics, technicians and inspectors | 92.29 | 7.62 |
Fire chiefs and senior firefighting officers | 92.29 | 7.71 |
Insulators | 92.27 | 7.73 |
Construction trades helpers and labourers | 92.15 | 7.85 |
Metalworking and forging machine operators | 92.02 | 8.02 |
Supervisors, forest products processing | 91.86 | 8.14 |
Labourers in mineral and metal processing | 91.79 | 8.21 |
Other trades helpers and labourers | 91.68 | 8.28 |
Telecommunications equipment installation and cable television service technicians | 91.57 | 8.45 |
Non-destructive testers and inspectors | 91.42 | 8.58 |
General building maintenance workers and building superintendents | 91.12 | 8.89 |
Pulp mill, papermaking and finishing machine operators | 91.09 | 8.91 |
Cabinetmakers | 91.05 | 8.95 |
Machining tool operators | 91.03 | 8.92 |
Utility maintenance workers | 90.94 | 9.14 |
Land surveyors | 90.72 | 9.28 |
Pulping, papermaking and coating control operators | 90.38 | 8.97 |
- Source: Census 2021
Appendix N: February 2022 consultation paper: Achieving equality at work
Achieving Equality at Work
Review of the Employment Equity Act Framework
Consultation paper
February 2022
Employment Equity Act Review Task Force
Table of contents
- Preface: Task Force appointment and mandate
- ESDC consultation and engagement activities privacy notice statement
- Introduction
- Area I: Redefining and including equity groups
- Area II: Supporting equity groups
- Area III: Improving accountability, compliance and enforcement
- Area IV: Improving public reporting
- Appendix: Current division of roles and responsibilities between key enforcement players under the Employment Equity Act framework
Preface: Task Force appointment and mandate
On July 14, 2021, the Honourable Filomena Tassi, Minister of Labour, launched the Employment Equity Act Review Task Force. She appointed Professor Adelle Blackett as chairperson to lead the review, working collaboratively with vice-chairpersons Professors Marie-Thérèse Chicha and Dionne Pohler, and 10 members (Professor Tao (Tony) Fang; Kari Giddings, Helen Kennedy, Raji Mangat, Fo Niemi, Kami Ramcharan, Sandra Sutter, Josh Vander Vies, Marie Clarke Walker and Ruth Williams) offering expertise, lived and professional experience and perspectives related to equity. She mandated the Task Force to undertake a comprehensive review of the Employment Equity Act (EEA) framework and its supporting programs, including the Legislated Employment Equity Program (LEEP), the Federal Contractors Program (FCP), and the Workplace Opportunities – Removing Barriers to Equity (WORBE) initiative, and to advise the Minister of Labour on how to modernize and strengthen the federal employment equity framework. Specifically, the Task Force will:
- study issues related to equity, diversity and inclusion in the workplace;
- engage with stakeholders, various partners, and Canadians to hear their views on equity;
- undertake research and analysis using a wide range of sources;
- examine other existing practices in Canada and in foreign jurisdictions;
- apply a Gender-based analysis+ (GBA+) lens and consider intersectionality throughout its work; and
- submit a report to the Minister of Labour, through the Deputy Minister of Labour.
With a focus on improving and building upon the foundation of the EEA, the Task Force will study the following key areas from its Terms of Reference:
- Area 1 - The definition and possible expansion of the designated groups under the EEA;
- Area 2 - Leading practices to better support equity groups;
- Area 3 - Ways of improving accountability, compliance and enforcement; and
- Area 4 - Ways of improving public reporting to enhance the public conversation around equity, diversity and inclusion in workplaces.
The Employment Equity Act was amended in 1995. Amendments introducing pay transparency reporting under the Employment Equity Act and Regulations came into force on January 1, 2021. However, this is the first comprehensive review to have been launched since the Employment Equity Act’s initial entry into force in 1986.
The Task Force was subject to a stop work order since the August 15, 2021 election call. On December 16, 2021, the Prime Minister of Canada issued a mandate letter directing the Honourable Seamus O’Regan, Minister of Labour “to accelerate the review of the Employment Equity Act and ensure timely implementation of improvements” in collaboration with the President of the Treasury Board, the Minister of Housing and Diversity and Inclusion and the Minister of Women and Gender Equality and Youth. The task force’s work therefore resumed as of 14 January 2022 with a renewed commitment to studying and consulting widely, and preparing concrete, independent, evidence-based recommendations in the form of a public report, on how to modernize the Act.
This paper, and the questions posed in it, are meant to guide those engagements, and inform the Task Force’s final report. Please feel free to provide comments on all or some of the questions, or on any other related issues that you consider relevant.
You are invited to submit written submissions as soon as they are available. This call for written submissions will remain open until April 28, 2022. Participation is welcomed either by email or through the post.
- To participate by email, please send your input to EDSC.LEE-EEA.ESDC@labourtravail.gc.ca
- To participate by mail, please provide your input to the address in the contact information below.
Employment Equity Act Review Task Force
C/OEmployment Equity ActReview Secretariat
(Mailstop # 911)
ESDC, 140 Promenade du Portage, phase IV
Gatineau, QC, K1A 0J9
Please note that any analysis set out in this discussion paper has been developed for consultation purposes only by the Employment Equity Act Review Task Force, and should not be interpreted as representing the views and/or recommendations of the Government of Canada or of the Task Force. The Task Force’s final report will be published on Canada.ca.
ESDC Consultation and engagement activities privacy notice statement
Purpose of the collection
Consultation and engagement is defined as a process where Employment and Social Development Canada (ESDC) invites organizations and/or individuals to provide their views on a variety of topics—to help develop better, more informed and more effective policies, programs and services.
Activities include, but are not limited to:
- in-person meetings or events (roundtable meetings or meetings with stakeholders, town halls, public meetings, forums, workshops, advisory committees);
- online consultations (surveys, discussion forums, social media, contests); and
- oral or written submissions (telephone, email, fax or mail).
Participation is voluntary
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ESDC’s authority to collect information
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Your personal information will be managed and administered in accordance with DESDA, the Privacy Act and other applicable laws.
Uses and disclosures of your personal information
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Instructions for obtaining this information are outlined in ESDC Info Source. Info Source may also be accessed online at any Service Canada Centre.
You have the right to file a complaint with the Privacy Commissioner of Canada regarding ESDC's handling of your personal information.
Open government
Your submission, or portions thereof, may be published on Canada.ca or included in publicly available reports on the consultation; it may also be compiled with other responses to the consultation in an open-data submission on Open.Canada.ca, or shared throughout the Government of Canada or with other levels of government.
Introduction
We want to understand what matters the most to you
One of the most important ways in which this Task Force can learn about the issues that matter the most in the review of the Employment Equity Act framework is by ascertaining the views of affected persons, communities and organizations.
We want to hear from you, and to understand what matters most to you.
The Task Force will be actively engaged in consultations, but the accelerated timeframe under which we are required to work will make it impossible to meet with all concerned individuals and groups. We therefore hope to get the benefit of as wide a range of views as possible, through a mix of oral and written submissions. The written submissions need not be produced in any particular format; they can be as short or long as you like.
This consultation paper is intended to assist you in providing submissions to the taskforce by offering brief overviews of the Employment Equity Act framework and discussions of issues identified over the life of the Employment Equity Act framework in Canada. The consultation paper focuses on asking questions, which are deliberately open-ended, and designed to highlight key topics for consideration. The questions are not exhaustive. Rather, they are crafted to focus attention on a range of opinions and perspectives on how the Employment Equity Act framework can be modernized and improved. You should feel free to answer those questions that concern you the most or to which you consider you can best contribute.
Please also visit our Employment Equity Act Review Portal at Task Force on the Employment Equity Act Review - Canada.ca. It has been designed to make information about the Employment Equity Act framework and our consultation process accessible, and to facilitate the submission of views.
We are also keenly interested in learning from experiences of employment equity and related systemic, proactive measures to achieve equality in other jurisdictions, both within Canada and internationally. Keep in mind, of course, that this review focuses on the federal Employment Equity Act and its supporting programs, notably the Legislated Employment Equity Program (LEEP), the Federal Contractors Program (FCP), and the Workplace Opportunities – Removing Barriers to Equity (WORBE) initiative.
Purpose of the Employment Equity Act and its supporting programs
The purpose of the Employment Equity Act is to achieve equality in the workplace.Footnote 2
In 1984, then judge Rosalie Abella reasoned in “Equality in Employment: A Royal Commission Report”, that equality in employment:
“Is a concept that seeks to identify and remove, barrier by barrier, discriminatory disadvantages. Equality in employment is access to the fullest opportunity to exercise individual potential”.Footnote 3
For Judge Abella, “laws reflect commitment”.Footnote 4 The Abella Report explained why a reactive, complaints-based approach was insufficient to address the complex character of systemic discrimination. It also concluded that voluntary measures were insufficient to yield proactive, substantive change. The Abella Report was trailblazing, and it is important to acknowledge the pivotal work that framed legislation on employment equity as a distinctly Canadian contribution to understanding systemic discrimination and requiring proactive mechanisms to remove barriers to achieving equality in employment, for the benefit of all. The Abella Report grounded employment equity in the substantive equality framework of Section 15 of the Canadian Charter of Rights and Freedoms; the systemic framework for achieving equality has been endorsed and buttressed in the jurisprudence of Canadian courts. Substantive equality continues to anchor contemporary reflection on employment equity. The Canadian framework has also been influential in the development of law on proactive measures to remedy inequality internationally.
Scope of the Employment Equity Act and its supporting programs
The current Employment Equity Act framework focuses on removing barriers and promoting equity for four designated groups:
- women
- aboriginal peoples
- persons with disabilities, and
- members of visible minorities
The Employment Equity Act framework applies to the following employers and requires them to implement and maintain employment equity:
- the federal public service (i.e. core public administration)
- separate agencies (e.g., Canada Revenue Agency, Canadian Food Inspection Agency, Parks Canada) with 100 or more employees
- other public service employers (e.g., the Canadian Armed Forces and the Royal Canadian Mounted Police)
- organizations with 100 or more employees in the federally regulated private sector, federal Crown corporations and other federal government business enterprises (e.g., port authorities) covered under the Legislated Employment Equity Program (LEEP). LEEP employers include approximately 500 private-sector employers, 30 Crown corporations, and 5 other federal organizations.
- provincially regulated contractors who do business with the Government of Canada (i.e. the Federal Contractors Program (FCP)). The FCP requires organizations who do business with the Government of Canada to implement employment equity in their workplaces. They must ensure that their workforce is representative of Canada’s labour force with respect to the members of the 4 designated groups under the Employment Equity Act. The FCP applies to provincially-regulated organizations with a combined workforce in Canada of 100 or more permanent full-time and permanent part-time employees that have received an initial federal government goods and services contract valued at $1 million or more (including applicable taxes).Footnote 5
Framework of employment equity
The Employment Equity Act framework comprises five basic elements. It requires employers under covered workplaces to:
- analyze the degree of underrepresentation of persons in designated groups in their workforce
- analyze their employment systems, policies and practices to identify all employment barriers against persons in designated groups
- develop and implement a plan to remove these barriers and correct underrepresentation
- improve representation of the four designated groups in their workforce, and
- report on efforts made and results achievedFootnote 6
While some progress for equity groups has been made under this proactive framework, as assessed most recently in the Employment Equity Act: Annual Report 2020 and the Employment Equity in the Public Service of Canada for Fiscal Year 2019 to 2020, significant challenges to achieving equality persist. There is a rich body of literature from academics, employers, unions and community groups assessing the strengths and weaknesses of the Employment Equity Act framework over time and in different federally regulated sectors or federal contractors. This literature will inform the Task Force’s review.
Changing nature of work, workers and workplaces
A great deal has changed since the Employment Equity Act was adopted in 1986 and revised in 1995.
Significant economic and technological changes affect the character and designation of federally-regulated workforces covered by the Act. For this reason, initiatives to modernize laws that apply to federal workplaces extend beyond the Employment Equity Act Review, and include initiatives to modernize federal labour standards in Part III of the Canada Labour Code. Insights from that process may also inform the Employment Equity Act review.
Moreover, society’s understanding of substantive equality and equity, diversity and inclusion – including truth and reconciliation, anti-Black racism, and 2SLGBTQI – has deepened. In particular, Call to Action No. 7 of the Truth and Reconciliation Commission calls for a strategy to eliminate educational and employment gaps. The COVID-19 pandemic has spotlighted persisting inequality. It intersected with heightened, world-wide reckoning with the need to redress anti-Black racism and stop anti-Asian hate. This moment has sharpened our understanding of historical marginalization, and revives the urgency of a review to reassess how to achieve equality.
Topics and questions for consultation
You are invited to consider the following broad, overarching questions:
- What have been the main successes of the Employment Equity Act framework?
- What have been the main shortcomings of the Employment Equity Act framework?
- How does the changing nature of work affect the ability to achieve equality in the workplace?
- What are the main opportunities and challenges faced by employers in achieving equality in the workplace?
- Does the Employment Equity Act framework enable Canadian workplaces specifically, and Canadian society generally to benefit from equity, diversity and inclusion?
- Does the Employment Equity Act framework enable unions, employers’ associations, and non-governmental organizations to support achieving equality?
- Does the Employment Equity Act framework adequately capture the range of barriers to equality in the workplace?
- How does the Employment Equity Act framework compare to other regulatory frameworks, internationally and in Quebec? What can be learned from comparative and international examples?
- How can the Government of Canada generally, and the Ministry of Labour specifically, improve its support to achieving equality in Canadian workplaces?
Our Task Force encourages those making submissions to take into account the expected impact of your proposals on workers and their families, employers, communities, and the Canadian economy.
Area I: Redefining and including equity groups
Societal understanding of inequality and lived experiences of systemic discrimination has deepened over time. With it, there is renewed appreciation that accurately naming and defining equity groups matters to achieving equality at work. The legislative language has not kept pace. Employer associations, unions, community groups and researchers, alongside international treaty bodiesFootnote 7 have urged the government to modernize the language in the Employment Equity Act and its supporting programs to ensure that it aligns with careful, intersectional, contemporary understandings and concerns of Indigenous Peoples, persons living with disabilities (personnes en situation de handicap)Footnote 8, Black and racialized people, and gender identity and gender equality.
To remove barriers, they must be seen – this involves respectfully naming them, and accurately defining them.
The challenge extends beyond naming and defining, however. Umbrella categories such as “women”, “Aboriginal Peoples”, “persons with disabilities” and “visible minorities” can inadvertently lose sight of the fact that disadvantage is historically constructed, obscure significant differences in experiences and the specific barriers faced by sub-group members, and mask the barriers created by the intersections of grounds of discrimination such as race, gender and (dis)ability. Take the following two examples from the 2016 Census data. First, non-Canadian born visible minority women earn considerably less than non-visible minority women ($4,500 less on average annually). In other words, intersectionality matters to identify barriers to achieving equality. Second, while Japanese Canadians have the highest annual mean earnings ($58,700), Black Canadians have annual mean earnings of $43,400, a difference of $15,300. In other words, inclusion in the same group could lead to the perpetuation of systemic discrimination, rather than the removal of barriers to employment. The Abella Report anticipated these challenges, calling for Census to collect “as much detail on group affiliation as possible, including data on race, in order to ensure that the rate of improvement for those most seriously disadvantaged can be monitored.”Footnote 9
Similarly, there is a growing recognition that members of groups like 2SLGBTQI experience barriers to employment that may require expanding coverage under the Employment Equity Act framework. Similar calls for inclusion have been made with respect to seniors, youth, veterans, immigrants, religious minorities and workers with family responsibilities (worker-carers). In some cases, groups as framed may be heavily represented along gendered or racial grounds. Moreover women constitute a significant proportion of the workers with family responsibilities, as the Abella Report anticipated.Footnote 10
In its terms of reference, the Task Force has been asked to consider the following questions, to which you are invited to turn your attention in your submissions:
- What changes should be made to the current EEA designated group names and definitions, such as “Aboriginal” and “visible minorities”?
- What changes should the EEA include to reflect current understandings of Indigenous peoples, disability, ethnocultural diversity and gender equality?
- Should the EEA reflect the various experiences and labour market circumstances of populations within the visible minorities group, such as Black Canadians?
- If so, what changes to the EEA could best reflect the experiences and circumstances of each of the visible minority groups?
- Should the EEA reflect the current understandings of various types of disability within the persons with disabilities group?
- If so, what changes to the EEA could best reflect the current understandings of various types of disability within the persons with disabilities group?
- Should the EEA reflect the distinct experiences and labour market circumstances of First Nations, Inuit and Métis peoples who are within the Aboriginal peoples group?
- If so, what changes to the EEA could best reflect the First Nations, Inuit and Métis peoples’ experiences and circumstances?
- Should the EEA’s designated groups include additional populations, such as the 2SLGBTQI communities?
In this vein, the Task Force encourages submissions to reflect on the societal and economic significance as well as the labour relations and human resources management considerations associated with any proposed changes – including necessary transitional measures – that would redefine and include equity groups to the Employment Equity Act framework.
Area II: Supporting equity groups
Labour market discrimination undermines substantive equality and slows economic growth. Breaking down barriers to employment equity is both a moral and legal imperative. In addition, it offers an economic opportunity for all Canadians to reach their full potential in the labour market while improving Canada’s economy.
Barriers to achieving workplace equality can be seen through common indicators. These include lower earnings, hiring and retention challenges, underrepresentation in management and executive positions and a related lack of career advancement, as well as the persistence of social stigma. These indicators may reveal themselves along intersectional grounds, for example wider wage gaps for Indigenous women, Black or racialized women, or women living with disabilities. The key is that they extend beyond a narrow assessment of aggregate numbers of people hired on entry, and suggest the importance of a career life-cycle approach to supporting equity groups in employment.
Some of these approaches involve increasing awareness of the nature of equality and the differences that inequality may take depending on the ground of discrimination and its intersections. The literature increasingly focuses on the specificity of the barriers and practices to foster inclusion for groups and sub-group members, including application screening processes that take into account lived-experience or career gaps; considering non-nominative application processes; applying robust anti-discrimination/antiharassment policies and anti-harassment training for managers and employees; and promoting more widely all opportunities (including senior management positions) throughout the organization. Measures like proactively adopting accessible software, designing barrier-free workplace infrastructure, or even rethinking the standard 40-hour work week as noted in the Abella Report, may facilitate applications by persons living with disabilities and more generally improve retention.
In its terms of reference, the Task Force has been asked to consider the following questions, to which you are invited to turn your attention in your submissions:
- What changes to employment equity legislation, regulations, programming and research could better support equity groups?
- What barriers do equity groups face in the workplace?
- What best practices have employers implemented to remove these barriers?
- What can the Government of Canada do to promote and share these best practices?
- What measures could improve promoting and retaining equity groups?
- What roles can other organizations play in promoting employment equity, for example, unions, employer associations, and non-governmental organizations (NGOs)?
The Task Force encourages submissions that reflect on the nature and scope that these measures could take in the Employment Equity Act and its supporting programs, to assist in removing barriers to achieving equality at work. What would a comprehensive and supporting approach to achieving equality at work look like?
Area III: Improving accountability, compliance and enforcement
The Abella Report stressed that “[t]he requirement to implement employment equity lacks credibility without an enforcement component.”Footnote 11 The discussion under Area III considers first compliance under the LEEP and FCP programs, and second accountability, compliance and enforcement in the federal public service. Moreover, the Annex to this consultation paper includes a detailed table providing the current division of roles and responsibilities between key enforcement institutions/actors under the Employment Equity Act framework. It details both systems of obligation and compliance, as well as promotional initiatives.
A key observation after 35 years of employment equity implementation in Canada is that the Employment Equity Act framework emphasizes report completion, rather than employers’ actual progress in implementing and achieving employment equity. The Employment Equity Act framework was built on the understanding that employers would have “flexibility in the redesign of their employment practices in order to accommodate the uniqueness of each employer’s structure, location, and type of business,”Footnote 12 with guidance from the enforcement agency. They would not require prior approval, and internal objectives would not be required by statute. Rather, the focus was on the methodology. This raises important questions about how to improve accountability, compliance and enforcement.
Reporting obligations and compliance in the LEEP and FCP programs:
Consider, notably, the accountability, compliance and enforcement for the LEEP and FCP programs, which include a mix of reporting obligations and compliance audits and assessment:
- Reporting obligations: Both LEEP and FCP employers are required to file reports with the Ministry of Labour’s Labour Program on the composition of their workforce and their employees from the four designated groups.
- Under the Employment Equity Act, LEEP employers that fail to file the mandatory reports are liable to receive monetary penalties of up to $50,000, issued by the Minister of Labour.Footnote 13 It should be noted, however, that under the current framework for reporting compliance, employers reach 100% compliance – that is, every employer subject to the Act complies annually with their reporting obligations.
- In contrast, FCP employers that fail to meet program requirements may lose the right to bid on federal government contracts or see the termination of existing contracts. While the Government may place the contractor’s name on the FCP Limited Eligibility to Bid List, and this list could be made public, currently, there are no contractors on the list.Footnote 14
- Compliance audits / assessments: The Labour Program conducts compliance assessment of FCP organizations. Drawing on data from the Labour Program, the Canadian Human Rights Commission (CHRC) conducts individual and horizontal compliance audits of federally regulated private sector employers to ensure compliance with the Employment Equity Act. They assess whether employers have persisting employment equity gaps, and help to build employment equity forward plans.Footnote 15 The CHRC’s horizontal audit model was introduced in 2018, and is focused on systemic barriers experienced by designated group members, in an attempt to address persistent representation gaps for a designated group in specific sectors of the economy. It seeks to ensure that employers have adequate plans to correct underrepresentation, identify specific barriers that impede progress, gather information about best practices and special measures that increase representation and help retain employees, and share them with employers through the publication of sector-wide reports. There is specific attention to how a diversity and leadership lens may support promotion of higher representation of members of equity groups in management.
The reporting compliance rate of 100% does not provide a full picture, and reflects report completion rather than reasonable progress toward implementation. But what should happen if the results are considered by the enforcement agency to be unreasonably low? Concerned actors have pointed out that this focus on report completion does not inform and drive real change toward workplace equity and has resulted in a gap between policy and practice.
The system of compliance in the public service of Canada
The mandate to oversee employment equity in Canada’s public service is shared, but there have been calls for it to be clarified.Footnote 16
First, the Treasury Board of Canada Secretariat-the Office of the Chief Human Resources Officer (TBS-OCHRO) has been delegated responsibility to administer employment equity policies as they apply to the core public administration. TBS-OCHRO is responsible for holding departments accountable for meeting employment equity targets through the Management Accountability Framework (MAF), which includes employment equity indicators. TBS-OCHRO also relies on surveys of employees to obtain a picture of employees’ perceptions of workplace well-being. In addition, separate agencies with 100 or more employees, listed under Schedule V of the Financial Administration Act (FAA), are responsible for submitting annual employment equity reports to TBS-OCHRO. These reports are tabled in Parliament at the same time as the Treasury Board President’s employment equity report for the public service of Canada.
Second, the Public Service Commission (PSC) oversees the public service appointment processes, including employment equity and accommodations, through a range of mechanisms including audits, studies, and system-wide surveys.
Third, the CHRC is responsible for conducting compliance audits. It can order federal public service organizations to undertake any corrective measures deemed necessary in order to be compliant with the Employment Equity Act.
The Employment Equity Act is silent on what advisory role the Minister of Labour and the Labour Program could play vis-à-vis the federal public service. More generally, a Joint Union/ Management Task Force expressed concern about the trend toward oversight focusing on system-wide patterns instead of scrutiny of how each federal department is performing in various areas, including employment equity.Footnote 17 It has issued extensive recommendations, alongside recommendations from the 2019-2020 PSC Audit of Employment Equity Representation in Recruitment. These recommendations will inform the work of the Employment Equity Act Review Task Force. There is an important leadership role that enhanced government accountability, reporting and sharing of promising practices can offer.
In its terms of reference, the Task Force has been asked to consider the following questions, to which you are invited to turn your attention in your submissions:
- What support could employers receive when they are working to achieve equity in their workplaces?
- What could encourage employers to do more to achieve equity in their workplaces? In particular:
- What are the most effective ways to communicate and raise employers’ awareness of the benefits of equity, diversity and inclusion?
- What changes to the Labour Program of Employment and Social Development Canada’s (ESDC) and the Canadian Human Rights Commission’s roles and responsibilities could improve compliance with and enforcement of the EEA?
- In addition to focusing on gaps in workforce representation and wages, how can the employment equity framework better measure employers’ efforts and progress made toward equity?
- What are the most effective benchmarks to measure equity in the workplace?
- What incentives and penalties should the Government of Canada implement to help close persistent equity gaps and hold employers accountable?
- Are there unique circumstances within the core federal public service and other federal organizations that affect their state of equity, diversity, and inclusion?
- What changes to the EEA could support the Government of Canada’s efforts to improve the core public administration’s and other federal organizations’ state of equity, diversity, and inclusion?
Task Force members would especially encourage submissions on the leadership role that the Government of Canada can assume on accountability, compliance and enforcement. How might the Employment Equity Act framework become a catalyst for the sustained change needed to achieve workplace equality? Do initiatives like “Workplace Opportunities – Removing Barriers to Equity” (WORBE) – the grants and contributions program designed to support employers subject to the Employment Equity Act framework to improve designated group representation in areas of low representation through partnerships and industry-tailored strategies – enhance the Employment Equity Act framework? What training initiatives might be provided? How might employers on the smaller side of those covered by the Employment Equity Act framework, be specifically supported? How might the CHRC, including the specialized Employment Equity Review Tribunal established in the event of noncompliance but that has to date never issued a decision on the merits of the Employment Equity Act, as well as the ESDC, be better drawn upon to foster accountability and compliance, ensure implementation, and achieve workplace equality?
Area IV: Improving public reporting
Labour market metrics
Public reporting under the Employment Equity Act framework relies on a number of labour market metrics. Federal institutions and actors have selected distinct approaches over time to report on employment equity measurement.
- Labour market availability (LMA) refers to the share of designated group members in the workforce, by National Occupational Classification (NOC) code,Footnote 18 from which the employers could hire. LMA is derived from the Census (currently 2016) and postcensus survey on disability conducted by Statistics Canada (currently 2017). The representation of each of the four designated groups is compared to their availability in the labour market. A workforce is considered fully representative when the representation of designated group members is equal to their LMA. The LMA is used to measure attainment rates of private sector employers (LEEP and FCP organizations).
- Workforce availability (WFA) is a subset of the LMA that is used to assess attainment rates in the federal public service. To determine WFA, additional criteria are applied to the LMA population, such as education levels specific to the public service, citizenship,Footnote 19 location, working age (15 – 64) and National Occupational Classification (NOC) code comparisons. Both TBS-OCHRO and PSC use this indicator to arrive at an estimate that is more precise than LMA of designated group members’ availability.
- Representation is the share of designated group members in a given labour force (such as the (a) entire federally regulated private sector workforce, (b) the banking and financial services sector and/or (c) an individual bank).
- Attainment rate refers to the extent to which representation approaches, meets or exceeds labour market availability. The attainment rate is calculated by dividing the representation by the LMA. The attainment rate allows for the identification of gaps between the representation of a particular designated group and its LMA. For example, if a designated group’s representation is below its LMA, the attainment rate will be less than 100% and further analysis may be required to identify if barriers to employment exist and where appropriate corrective measures would need to be implemented. Progress is considered to have been made when the gap between a designated group’s representation and LMA narrows (namely, the attainment rate approaches 100%) or when a group’s representation equals or exceeds LMA (namely, the attainment rate equals or surpasses 100%). In 2018, the Labour Program moved from simple representation rates in employment for assessments of the federally regulated private sector, to a focus on measuring overall attainment rates of the designated groups in its measurement of employment equity based on labour market availability (LMA). The shift to attainment rate represented a shift in focus, seeking to illustrate progress over time rather simply identifying gaps in representation.
Limitations of the current state of data collection
Attainment rates of Canadian LMA and WFA for the designated groups offer quantitative evidence of some of the progress made on employment equity targets over time. Task Force members are also interested in gaining a solid appreciation of the strengths and limits to the current state of data collection. The following list of limitations is indicative, but not exhaustive.
One limitation pertains to the time lag in measuring representation that arises from the reliance on Census data, available every 5 years, to calculate the LMA and the WFA. Employers and others have expressed concern that they are held accountable on the basis of outdated data. What are the prospects for Statistics Canada and appropriate Employment Equity Act enforcement institutions to developing a methodology to update LMA and WFA estimates between censuses?
The Joint Union/ Management Task Force on Diversity and Inclusion also expressed concerns in the 2017 Building a Diverse and Inclusive Public Service: Final Report of the Joint Union/Management Task Force on Diversity and Inclusion regarding the use of WFA estimates by many departments as a target. They consider that achieving WFA estimates should be considered as a floor and not a ceiling.
A further limitation under the EEA and the FCP is that employers must survey their employees to assess the workforce representation of persons in each designated group. However, employers only count employees who self-identify, or agree to the employer identifying them as members of an equity group. Does voluntary self-identification lead to inaccurate reporting? Should employers be able to augment their representation data with data collected for other purposes, including through human resources information systems, or through duty of reasonable accommodation requests for people living with disabilities, or hiring data available through the employment agencies whose services they use? Similarly, how might self-identification processes be drawn upon to obtain more accurate sub-group data?
A related limitation signalled by some employers is that no appropriate NOC codes exist for many of the positions in their industries and sectors. Assigning certain jobs to inappropriate NOC codes may inaccurately suggest gaps for which they are then held accountable. Are there alternatives – including international classifications – that might address this challenge?
In addition, data aggregated nationally might fail to reveal some important barriers. For example, women employees aged 25 to 54, according to recent wage gap data from Statistics Canada, earned roughly 88 cents on the dollar compared to men (a wage gap of 12.1% when compared to men in terms of their average hourly wage in 2019). This important dimension is absent from aggregated employment equity data. How might more carefully disaggregated data and nuanced analysis be developed to support achieving equality?
Finally, some employers underscore that it is conceivable that due to reasons ranging from the employers’ geographical location to COVID-19 pandemic induced considerations, employers can have large representation gaps despite sustained efforts to remove barriers to employment. What broad considerations might this reflection invite, particularly as our society turns to building back better?
In its terms of reference, the Task Force has been asked to consider the following questions, to which you are invited to turn your attention in your submissions:
- What changes to the EEA are necessary to better support the public conversation on equity, diversity, and inclusion?
- What changes to the EEA could improve public reporting of employment equity results? Specifically:
- What measures, data sources, reporting frequency and formatting could lead to improvements?
- What are the key data gaps?
- How could changes help fill key data gaps?
Task Force members encourage you to offer broad reflections on what employment equity indicators should optimally capture, and what supporting institutions and frameworks can offer to improve public reporting. For instance, can geographical zones of comparison be more effectively framed to ensure that we offer an accurate portrait of representation of equity groups, for example Indigenous peoples? Do our data tools capture labour market segmentation or underemployment, including the overrepresentation of some groups in occupational categories for which they are overqualified? Are the metrics effectively capturing all workers who should be counted to achieve equality? We count what matters. Are we counting what matters most to achieving equality at work through the Employment Equity Act framework?
Appendix: Current division of roles and responsibilities between key enforcement players under the Employment Equity Act framework
Key players | Roles and responsibilities | Products |
---|---|---|
Minister of Labour | Is responsible for the administration of the Act and, via the Labour Program, has the power to:
|
The Employment Equity Act: Annual Report:
|
Labour Program (LP) | Is responsible for 2 employment equity programs and, as such administers the:
|
The individual LEEP employers’ annual statistical forms that are reported to LP are posted online and made available to the public. Starting in 2022, LEEP employer’s wage gap data will be posted online. LP provides an online Workplace Equity Information Management System (WEIMS) to assist LEEP and FCP employers in meeting their obligations and LP in administering these programs. LP provides various tools and guides online. |
The Canadian Human Rights Commission (CHRC) | Is responsible for compliance and enforcement of non-reporting requirements under the Act and, as such:
|
The Annual Report of the CHRC:
|
Legislated Employment Equity Program (LEEP) employers
|
Have the following obligations:
|
The LEEP Employer Annual Report:
|
Federal Contractors Program (FCP) organizations
|
Have the following obligations:
|
Copies of the workforce self-identification questionnaire as well as the workforce survey return and response rates are submitted to the LP
The Achievement Report:
|
The Treasury Board of Canada (TB) TB has delegated its responsibilities under the Act to the Treasury Board of Canada Secretariat - The Office of the Chief Human Resources officer (TBS-OCHRO) |
The Treasury Board of Canada is charged with carrying out the obligations of an employer under the Act, in accordance with the Financial Administration ActFootnote 34 and, as such:
|
The Employment Equity in the Public Service of Canada Report:
|
The Public Service Commission of Canada (PSC) | Is charged with carrying out the obligations of an employer under the Act, in accordance with the Public Service Employment ActFootnote 37 and, as such:
|
The Public Service Commission of Canada Annual Report:
|
Separate agencies
|
Are responsible for carrying out similar employer obligations and, as such:
|
Employment equity annual reports submitted to TBS-OCHRO |
Employees and unions representatives | Under the Act, have the rights to:
|
N/A |
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