Definitions: biases and barriers that disadvantage persons belonging to any equity-seeking group

In June 2021, the Budget Implementation Act, 2021, No.1 introduced significant changes to the Public Service Employment Act. These amendments aim to strengthen diversity and inclusion, and make reasonable efforts to remove biases or barriers that disadvantage persons belonging to any equity-seeking group or to mitigate their impact on those persons.

The Public Service Commission of Canada (PSC) has developed definitions that it will use to interpret key terms within its exclusive assessment, investigation and audit authorities. These definitions may evolve over time, for example, as a result of jurisprudence.

Bias that disadvantages persons belonging to any equity-seeking group

For the purpose of subsections 2(5), 17(2), and 36(2) of the Public Service Employment Act, the PSC defines a “bias that disadvantages persons belonging to any equity-seeking group” as any belief or assumption that results in behaviour or decisions that exclude or hinder the full and equal participation, including the equitable treatment, of those persons.

Barrier that disadvantages persons belonging to any equity-seeking group

For the purpose of subsections 2(5), 17(2), and 36(2) of the Public Service Employment Act, the PSC defines a “barrier that disadvantages persons belonging to any equity-seeking group” as anything^{Footnote 1} that excludes or hinders the full and equal participation, including the equitable treatment, of those persons.

These definitions recognize that equal participation is distinct from equal treatment. Equitable treatment ensures that all individuals have an equal chance to demonstrate their merit during appointment processes, promoting equal participation.