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 Chair

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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

Table AE.1: National Indigenous Partners
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
Table AE.2: Accessibility / disability organizations
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
Table AE.3: 2SLGBTQI community
Organization Status and date
Enchanté Network Submitted on August 31, 2022
Table AE.4: Black Canadian communities
Organization Status and date
Black Canadian Communities:
  • Africa Centre - Council for the Advancement of African Canadians in Alberta
  • Black Business Initiative
  • Groupe 3737
  • Tropicana Community Services
Report submitted by: Dr. Harvi Millar, Management Technologies
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

Table AG.1: Engagement session attendees for Individual meetings with Task Force Chair and Vice Chair alone
Organization Attendees Sector
Canadian Human Rights Commission (CHRC): Accessibility Commissioner
  • Michael Gottheil, Accessibility Commissioner
Federal Public Service
CHRC: Chief Commissioner
  • Marie-Claude Landry, Chief Commissioner
Federal Public Service
Social Sciences and Humanities Research Council (SSHRC)
  • Marie-Lynne Boudreau, Director at Tri-agency Institutional Program Secretariat
  • Valérie Laflamme, Associate Vice President, TIPS for SSHRC
Federal Public Service
SSHRC – Office of the President
  • Ted Hewitt, President
Federal Public Service
University of Sherbrooke
  • Professor Isabelle Letourneau, Associate Professor, School of Management, Department of management and human resources management
Academic
York University
  • Professor Carl James, Jean Augustine Chair in Education, Community and Diaspora
Academic
Office of the Auditor General
  • Karen Hogan, Auditor General of Canada
  • Andrew Hayes, Deputy Auditor General
  • Jerry V. DeMarco, Commissioner of the Environment and Sustainable Development
  • Paule-Anny Pierre, Assistant Auditor General
Federal Public Service
CHRC: Pay Equity Commissioner
  • Lori Straznicky, Federal Pay Equity Commissioner
Federal Public Service
Federal Public Sector Labour Relations and Employment Board
  • Edith Bramwell, Chairperson
  • Asha Kurian, General Counsel
Federal Public Service
Specialist in Privacy Law
  • Aida Abraha, LL.M.
Law
Universidad Federal de Ouro Preto, Brazil
  • Professor Flávia Souza Máximo Pereira
Academic

Appendix H: Expert consultancies commissioned by Employment Equity Act Review Task Force

Table AH.1: 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
  • Joshua Nichols, Assistant Professor, McGill University
  • Aaron Mills, Assistant Professor, Canada Research Chair in Indigenous Constitutionalism and Philosophy, McGill University
Working Paper on Employment Equity and Inclusion: Through the Lens of Substantive Equality - September 2022
  • Colleen Sheppard, Professor of Law, McGill University
  • Vrinda Narain, Associate Professor of Law, McGill University
  • Tamara Thermitus, Ad. E., Visiting Fellow, Faculty of Law, McGill University
Investigating Potential New Datasets to Foster Our Understanding of the Labour Market - August 2022
  • Louis-Philippe Morin, Associate Professor, Department of Economics, University of Ottawa
Ensuring Compliance and Progress with The Employment Equity Act: A Review of Worker Voice Mechanisms in the Federally Regulated Private Sector – October 2022
  • Rafael Gomez, Professor; Director of the Centre for Industrial Relations and Human Resources, University of Toronto
Affirmative Action Law & Policy in the United States: Past, Present, and Future - September 2022
  •  Stacy Hawkins, Vice dean and professor of Law at Rutgers Law School
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
  • Carol Agócs, Professor Emerita of Political Science, Western University

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

Table AK.1: Employment equity legislation coverage in the public and private sectors by country
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
Table AK.2: Type of employment equity legislation coverage by country
Type of coverage Canada (fed) Australia Brazil France India Northern Ireland South Africa Sweden USA (fed)
Constitutional protection Section 15(2) Canadian Charter No Yes, the constitution characterizes the government as an agent of social transformation towards principles like substantive equality and social justice. No Yes, mandatory AA for “Scheduled-Castes and Scheduled Tribes” in Part IV of the Constitution, arts 14-16, 46, 366 (25), 342 No Yes, subsections 9(1)-(5) of the Amended 1996 Constitution Yes, Chapter 1, Article 3 of the Instrument of Government promotes non-discrimination, minority rights and multiculturalism Yes, equal Protection Clause of the 14th Amendment to the U.S. Constitution
Laws and regulations EEA Fair Work Act, Equal Employment Opportunity (Commonwealth Authorities) Act 1987; Affirmative Action (Equal Employment Opportunity for Women) Act 1986; Human Rights and Equal Opportunity Commission Act 1986 Lei de Cota, Nº 7.824, De 11 De Otubro 2012, Lei 10.639/03; Lei 11.645/08; Estatuto da Igualdade Racial; LEI Nº 14.457, DE 21 DE SETEMBRO DE 2022 (Women’s employment); Article 93,
Law 8.213 (1991) (Disability); Law 12.990 (2014) (Public Service)
La loi du 11 février 2005 pour l’égalité des droits et des chances, la participation et la citoyenneté des personnes handicapées, art. 26 Untouchability Practices Act, 1955;
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
Fair Employment and Treatment (Northern Ireland) Order 1998;
Fair Employment and Treatment Order (Amendment) Regulations (Northern Ireland) 2003;
Northern Ireland Act, 1998, s. 75
Employment Equity Act, No 55 of 1998; Act No. 04 of 2022: Employment Equity Amendment Act, 2022;   Broad-Based Black Economic Empowerment Amendment Act; Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 Equal Opportunities Act (No. 433 of 1991);
The Swedish Discrimination Act, 2008
Title VII of the Civil Rights Act of 1964; Pregnancy Discrimination Act of 1978, Age Discrimination in Employment Act, Americans with Disabilities Act of 1990; Executive Order 11246; Rehabilitation Act of 1973; Vietnam Era Veterans’ Readjustment Assistance Act of 1974
Regulations:
41 CFR Part 60-1 - Obligations of Contractors and Subcontractors
41 CFR Part 60-2 - Affirmative Action Programs
41 CFR Part 60-741 - Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals with Disabilities
Government procurements contracts Yes Yes Yes, see new decree DECRETO Nº 11.430, DE 8 DE MARÇO DE 2023 No Yes No Yes – see the Black Economic Empowerment Act associated policies No Yes – see EEO 11246
Court imposed Initially No Court-affirmed No Yes, for transgender rights No No No No
Table AK.3: Employment equity legislation measures by country
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
Table AK.4: Employment equity legislation coverage of equity groups by country
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)

Table AL.1: Average employment income for full-time full-year employees in the 10 highest paying jobs in Canada, by population type, 2021
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
Table AL.2: Population count for full-Time full-Year employees in the 10 highest paying jobs in Canada, by population type, 2021
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
Table AL.3: Average employment income for full-time full-year employees in the 10 lowest paying jobs in Canada, by population type, 2021
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
Table AL.4: Population count for full-Time full-Year employees in the 10 lowest paying jobs in Canada, by population type, 2021
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

Table AM.1: 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

Employment equity Act Review

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

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

Participation in all ESDC consultation and engagement activities is voluntary. Acceptance or refusal to participate will in no way affect your relationships with ESDC or the Government of Canada.

ESDC’s authority to collect information

Your personal information is collected under the authority of the Department of Employment and Social Development Act (DESDA).

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

Uses and/or disclosures of your personal information will never result in an administrative decision being made about you. Your personal information will be used by ESDC, other Government of Canada departments or other levels of government for policy analysis, research, program operations and/or communications.

Handling of your personal information

Information provided for ESDC consultation and engagement activities should not include any identifying personal information about you or anyone else—other than your name, organization and contact information.

If your feedback includes unsolicited personal information for the purpose of attribution, ESDC may choose to include this information in publicly available reports on the consultation and elsewhere.

If personal information is provided by an individual member of the general public (who is not participating on behalf of an organization), ESDC will remove it prior to including the individual’s responses in the data analysis, unless otherwise noted.

Your rights

You have the right to the protection of, access to and correction of your personal information, which is described in Personal Information Bank ESDC-PSU-914 or ESDCPSU-938.

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:
  • develop and conduct information programs to foster public understanding of this Act and to foster public recognition of the purpose of this ActFootnote 20
  • undertake research related to the purpose of this ActFootnote 21
  • promote the purpose of this ActFootnote 22
  • publish and distribute information, guidelines and advice to private sector employers and employee representatives regarding the implementation of employment equityFootnote 23
  • develop and conduct programs to recognize private sector employers and employee representatives for outstanding achievement in implementing employment equityFootnote 24
  • issue penalties to private sector employers for non-compliance of the ActFootnote 25
  • submit an Annual Report to Parliament on the status of employment equity in the federally regulated private sectorFootnote 26
  • make available to employers any relevant labour market information respecting designated groups in the Canadian workforce in order to assist employers in fulfilling their obligations under the Act
  • administer the Federal Contractors Program (FCP)
The Employment Equity Act: Annual Report:
  • is submitted to Parliament
  • consolidates and highlights the employment equity results achieved by the federally regulated private sector employers subject to the Act
The Employment Equity Data Report:
  • is prepared and posted online every 5 years to coincide with Statistics Canada’s release of census data
  • provides information and links to the Open Government Portal, where employers can view and download workforce population or labour market availability (LMA) data
Labour Program (LP) Is responsible for 2 employment equity programs and, as such administers the:
  • Legislated Employment Equity Program(LEEP) and employers’ compliance with annual reporting requirements under the Act
  • Federal Contractors Program (FCP) and is solely responsible for assessing contractors’ compliance with implementation of employment equity in their workplace
Is responsible for 2 employment equity initiatives and, as such administers the:
  • Workplace Opportunities: Removing Barriers to Equity (WORBE) grants and contributions initiative
  • Employment Equity Achievement Awards (EEAA) to recognize outstanding private sector employers and employee representativesFootnote 27
And, is responsible to provide tools and guidance to employers and contractors to assist them in complying with their employment equity obligations
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:
  • conducts conventional and horizontal audits to assess whether employers are meeting their obligations under the ActFootnote 28
  • supports employers who need guidance and improvement
  • receives and examines complaints regarding non-complianceFootnote 29
  • applies to the Chairperson of the Canadian Human Rights Tribunal to request that an Employment Equity Review Tribunal be appointed, with power to issue decisions enforceable as court orders.Footnote 30 This application is made when an employer requests a review for a decision issued by the CHRCFootnote 31, or the CHRC requests the confirmation of its decisionFootnote 32
The Annual Report of the CHRC:
  • is submitted to Parliament
  • consolidates information on the CHRC’s employment equity audits and enforcement activities
Legislated Employment Equity Program (LEEP) employers
  • Federally regulated private sector employers, Crown corporations and other federal organizations that have 100 or more employees
Have the following obligations:
  • survey their workforce to collect data on the representation, industrial sector, geographical location, employment status, occupational group, salary distribution, and shares of hires, promotions and terminations of designated group members
  • identify any under representation of the designated groups in each occupational group in their workforce
  • review their employment systems including written and unwritten policies and practices in order to identify employment barriers
  • prepare and implement a plan to remove employment barriers and achieve equitable representationFootnote 33
  • submit annual employment equity reports to the Labour Program, by June 1st
The LEEP Employer Annual Report:
  • is submitted to the Minister of Labour, via WEIMS to the LP
  • contains the following information:
    • prescribed statistical forms provided by industrial sector, geographical location, employee status (for example, permanent full-time, permanent part-time and temporary), occupational group, salary range, hourly wage gaps, bonus and overtime gaps, hiring, promotion and termination
    • a narrative of employment equity activities that the employer conducted, including:
      • measures taken
      • results achieved following these activities, and
      • consultations between the employer and employee representatives
Federal Contractors Program (FCP) organizations
  • Provincially regulated  contractors who do business with the Government of Canada that:
    • have a combined workforce in Canada of 100 or more permanent full-time and permanent part-time employees, and
    • have received an initial federal government goods and services contract valued at $1million or more
Have the following obligations:
  • collect workforce information
  • complete a workforce analysis and achievement report
  • establish short-term and long-term numerical goals
  • make efforts to ensure progress towards equitable representation of the 4 designated groups within its workforce
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:
  • is submitted to the LP
  • includes workforce analysis results and goals to achieve employment equity
The updated Achievement Report:
  • is submitted to the LP 3 years after the initial report and every 3 years thereafter
  • includes previous data and new workforce analysis results and goals for a subsequent compliance assessment, and information on efforts and progress made to achieve the set goals
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:
  • administers employment equity policies as they apply to the core public administration of the Government of Canada (departments under Schedule I and IV of the Financial Administration Act)Footnote 35
  • collects annual employment equity reports from separate federal agencies and other public sector organizations (under Schedule V of the Financial Administration Act, the RCMP and the Canadian Armed Forces) for tabling in Parliament, simultaneously with the Treasury Board President’s employment equity report for the core Public Service of CanadaFootnote 36
The Employment Equity in the Public Service of Canada Report:
  • is tabled in Parliament by the President of the Treasury Board
  • consolidates information on the state of employment equity in the federal public service
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:
  • promotes and safeguards a merit-based, representative and non-partisan public service that serves all Canadians
  • reports independently to Parliament on its mandate
The Public Service Commission of Canada Annual Report:
  • is submitted to Parliament by PSC
  • consolidates information on employment equity as it relates to staffing processes in the public service
Separate agencies
  • set out in Schedule V to the Financial Administration Act and that employ one hundred or more employeesFootnote 38
Are responsible for carrying out similar employer obligations and, as such:
  • administer employment equity policies as they apply to their employees;
  • submit annual reports on employment equity to TBS-OCHRO
Employment equity annual reports submitted to TBS-OCHRO
Employees and unions representatives Under the Act, have the rights to:
  • be consulted on and collaborate in the preparation, application and revision of the employer’s Employment Equity PlanFootnote 39
Under the Act, consultation and collaboration between employers and unions are not considered forms of co-management. Final responsibility for compliance rests with the employer.
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