Are White males' equal? Think again

Joe Lockhart

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May 31, 1996, 3:00:00 AM5/31/96

to

The Winnipeg Sun May 29,1996 Page 5: Naomi Lakritz: Straight Talk

ALL ANIMALS are equal, but some animals are more equal than others."
The totalitarianism George Orwell warned of in his classic satire Animal
Farm is alive and well in the 1990s, It's the workday philosophy of human
rights commissions.
That's what a white male named Richard Bruce Watson learned when he
complained to the Nova Scotia Human Rights Commission that he'd been
passed over for a job with the Dartmouth police.

Watson, who was qualified enough to be short-listed for the police
academy, filed a reverse discrimination suit after he was bumped in favor
of two black men and six women.

The commission dismissed it, so he took it to court. That's when Watson
found that all humans are equal, but some humans are more equal than
white males,
Why, Watson was just being silly and selfish. The police force's action
hadn't discriminated against HIM, the court said. Rather, it had "benefited
disadvantaged groups."
Further, the court said the Dartmouth police have affirmative action and
anything done in the name of affirmative action isn't discrimination, The
judge all so said police should have told Watson early on that only women
and minorities were being hired. As if warning someone of impending
discrimination makes it right.
This is not an isolated incident of lunacy.
The same thing can happen in Manitoba, where our human rights
commission also justifies reverse discrimination by redefining it out of
existence.
Commission complaints supervisor Roger Young says reverse
discrimination is an issue only if a company has no defence against it. The
defence being an affirmative action plan.
"Where an employer has an approved program to hire target groups, it's
not reverse discrimination," says Young.
So if a company has the program, it can tell a qualified white male
candidate to get lost and that's OK.
But if the same company has no plan and it tells the identical candidate
to get lost, that's discrimination.
Any group that dabbles in situational ethics to this degree has no business
calling itself a human rights commission. It's playing the same ugly game
it was set up to prevent others from playing.
Young says a case like Watson's would have a "bona fide reason for the
apparent discrimination."
There's no bona fide reason for any discrimination! None! This is scary
stuff.
And he adds that while job qualifications come first, "special
consideration is given to certain factors." Just another way of telling white
males they'll continue to get the short end of the stick and they can put up
or shut up.
There should be no "special consideration." No "certain factors." And
judging by their Animal Farm mentality, maybe there should be no more
human rights commissions either.

-30-

Do you want to fight this madness?
If you do you can reach us at:

The Euro-Christian Defence League
P.O. Box 345 Winnipeg, Manitoba, Canada, R3C 2H6
24 Hr Hotline (204) 775-0878

Visit our Web Site at:
http://www.pathcom.com/~freedom/ecdl/homepage.html

Or visit the Freedom-Site at:
http://www.pathcom.com/~freedom/

Bill Stuart

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May 31, 1996, 3:00:00 AM5/31/96

to

Joe Lockhart (ec...@wpg.ramp.net) writes:
> So if a company has the program, it can tell a qualified white male
> candidate to get lost and that's OK.

Actually, what it means is that the entrants are graded based on
the number of applicants. If 50 white men and 10 black men apply for 1
position, a black is five times as likely to get the position as a white
is. You can still get in, but you have to be really exceptional.

> And he adds that while job qualifications come first, "special
> consideration is given to certain factors." Just another way of telling white
> males they'll continue to get the short end of the stick and they can put up
> or shut up.

Actually, White males can now file sexism suits if they are
trounced out of employment opportunities as cashiers, etc. It's working in
our benifit too.

> There should be no "special consideration." No "certain factors." And
> judging by their Animal Farm mentality, maybe there should be no more
> human rights commissions either.

Mr "Lets kill us some jews" is lecturing us on human rights. Please.

> The Euro-Christian Defence League
> P.O. Box 345 Winnipeg, Manitoba, Canada, R3C 2H6
> 24 Hr Hotline (204) 775-0878

I find it ironic that you are anti-immigrant with the above
address.

Europe is on a different continent. You are an immigrant.

--
Acceptable amounts: Cyanide: 0.2 mg/l Uranium: 0.1 mg/l Mercury: 0.001
mg/l Dioxin: 15 pg/l

The Bathtub Admiral

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Jun 1, 1996, 3:00:00 AM6/1/96

to

Joe Lockhart <ec...@wpg.ramp.net> in message
<1996May31.2...@wpg.ramp.net>
entertained us with yet another dog and pony show:

>The Winnipeg Sun May 29,1996 Page 5: Naomi Lakritz: Straight Talk

<snip>

Hmmmm....Those wouldn't be the words of yet another American earning
a living on the "fat" of the Canadian landscape and giving us free advice?

ROTFL

"Worry is a thin stream of fear trickling throught the mind. If encouraged, it
cuts a channel into which all other thoughts have drained. - A. Roche"

Like my idol says: "What me worry?"

Brian Graham

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Jun 3, 1996, 3:00:00 AM6/3/96

to

In article <1996May31.2...@wpg.ramp.net>, Joe Lockhart <ec...@wpg.ramp.net> says:
>
>The Winnipeg Sun May 29,1996 Page 5: Naomi Lakritz: Straight Talk
>
>

>ALL ANIMALS are equal, but some animals are more equal than others."

> That's what a white male named Richard Bruce Watson learned when he

>complained to the Nova Scotia Human Rights Commission that he'd been
>passed over for a job with the Dartmouth police.
>
> Watson, who was qualified enough to be short-listed for the police
>academy, filed a reverse discrimination suit after he was bumped in favor
>of two black men and six women.
>
> The commission dismissed it, so he took it to court. That's when Watson
>found that all humans are equal, but some humans are more equal than
>white males,

> "Where an employer has an approved program to hire target groups, it's

>not reverse discrimination," says Young.

> So if a company has the program, it can tell a qualified white male

>candidate to get lost and that's OK.

The manner in which EQUAL RIGHTS is being implemented is sickening.
The theory is to prevent discrimination. IN FACT IT LEGISLATES IT.

Two candidates write an exam for a job to indicate knowledge/skill
level. Pass mark is 50%. Let's say, for example, that a white male
scored 95%. Lets say the minority (pick any, including female) scores
a whopping 50%. Guess who gets the job. THE MINORITY!! WHY??

In no manner did this candidate prove superior. Yet...

The situation I described above is EXACTLY how it is being implemented.
THIS PROMOTES RACISM.

Brian Graham

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Jun 3, 1996, 3:00:00 AM6/3/96

to

In article <4onu18$c...@freenet-news.carleton.ca>, ah...@FreeNet.Carleton.CA (Bill Stuart) says:

>
>
>Joe Lockhart (ec...@wpg.ramp.net) writes:
>> So if a company has the program, it can tell a qualified white male
>> candidate to get lost and that's OK.
>

> Actually, what it means is that the entrants are graded based on
>the number of applicants. If 50 white men and 10 black men apply for 1
>position, a black is five times as likely to get the position as a white
>is. You can still get in, but you have to be really exceptional.
>

No. It means that a minority gets the job.

Bill Stuart

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Jun 3, 1996, 3:00:00 AM6/3/96

to

Brian Graham (Gra...@psac.com) writes:
> The manner in which EQUAL RIGHTS is being implemented is sickening.
> The theory is to prevent discrimination. IN FACT IT LEGISLATES IT.
>
> Two candidates write an exam for a job to indicate knowledge/skill
> level. Pass mark is 50%. Let's say, for example, that a white male
> scored 95%. Lets say the minority (pick any, including female) scores
> a whopping 50%. Guess who gets the job. THE MINORITY!! WHY??

This is somewhat innacurate.

Here's how it works.

Lets say we have 100 people, 95 of them are white males and five
are black males. They can hire ten people. Because the demographics of
that area show that ten percent of the population is black, one of the
five has to get a position.

If 95 black males and 5 white males applied, all the white males
would get jobs.

The basic problem with this type of system is encouraging women
and minorities to become firefighters, etc.

--
Acceptable amounts in Canadian drinking water: Cyanide: 0.2 mg/l Uranium:

Bill Stuart

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Jun 3, 1996, 3:00:00 AM6/3/96

to

Brian Graham (Gra...@psac.com) writes:
>
> No. It means that a minority gets the job.

It means the chance of a minority getting a job depends on how
many minorities you can get applying for that position. If it's over the
percentage of that minority group in a given area, then the chances are
equal.

Bob Levitt

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Jun 4, 1996, 3:00:00 AM6/4/96

to

Bill Stuart (ah...@FreeNet.Carleton.CA) wrote:

: Brian Graham (Gra...@psac.com) writes:
: > The manner in which EQUAL RIGHTS is being implemented is sickening.
: > The theory is to prevent discrimination. IN FACT IT LEGISLATES IT.
: >
: > Two candidates write an exam for a job to indicate knowledge/skill
: > level. Pass mark is 50%. Let's say, for example, that a white male
: > scored 95%. Lets say the minority (pick any, including female) scores
: > a whopping 50%. Guess who gets the job. THE MINORITY!! WHY??

: This is somewhat innacurate.

: Here's how it works.

: Lets say we have 100 people, 95 of them are white males and five
: are black males. They can hire ten people. Because the demographics of
: that area show that ten percent of the population is black, one of the
: five has to get a position.

: If 95 black males and 5 white males applied, all the white males
: would get jobs.

: The basic problem with this type of system is encouraging women
: and minorities to become firefighters, etc.

: --

: Acceptable amounts in Canadian drinking water: Cyanide: 0.2 mg/l Uranium:
: 0.1 mg/l Mercury: 0.001 mg/l Dioxin: 15 pg/l

You are absolutely wrong about how the system works. There are the CRTC
regulations governing radio, television and telephone companies, and there
is also the new federal Employment Equity Act.

Read the Act itself, and if you want a copy of my critical analysis of
the Act I can post that too.

Beta v0.99
THE HOUSE OF COMMONS OF CANADA

BILL C-64

An Act respecting employment equity

-----------------------------------
First reading, December 12, 1994
-----------------------------------

The Minister of Human Resources Development

***********************************************************************

TABLE OF PROVISIONS

AN ACT RESPECTING EMPLOYMENT EQUITY

SHORT TITLE
1. Short title

PURPOSE OF THE ACT
2. Purpose of the Act

INTERPRETATION
3. Definitions

APPLICATION
4. Application

PART I

EMPLOYMENT EQUITY

Employer Obligations

5. Employer's duty
6. Employer not required to take certain measures
7. Employment of aboriginal peoples
8. Certain rights not employment barriers
9. Analysis and review
10. Employment equity plan
11. Reasonable progress
12. Implementation and monitoring of plan
13. Periodic review and revision of plan
14. Consultation with employee representatives
15. New employees

Records and Reports

16. Employment equity records
17. Reports of private sector employees
18. Availability of reports of private sector employers
19. Consolidation to be tabled
20. Report of Treasury Board

PART II

COMPLIANCE

Compliance Audits

21. Compliance audits
22. Powers of compliance officers

Undertakings and Directions

23. Employer undertaking

Requests for Review or Order

24. Employer's request for review

Employment Equity Review Tribunals

25. Establishment of Tribunals
26. Powers of Tribunal
27. Decision of Tribunal
28. Enforcement of orders
29. Report of activities of Human Rights Commission

Limitiations respecting Directions
and orders

30. Limitation

Privileged Information

31. Privileged information

PART III

ASSESSMENT OF MONETARY PENALTIES

Violations

32. Violation
33. Assessment of monetary penalty
34. Notice of assessment of monetary penalty

Options

35. Employer's options
36. Review by Tribunal

Enforcement of Monetary Penalties

37. Registration of certificate

PART IV

GENERAL

38. Regulations
39. Powers, duties and functions of Minister
40. Delegation
41. Review of operation of Act

TRANSITIONAL PROVISION

42. Compliance with certain provisions

CONSEQUENTIAL AMENDMENTS

43-46. Canada Human Rights Act
47. Financial Administration Act
48-49. Public Service Employment Act

REPEAL

50. Employment Equity Act

COMING INTO FORCE

51. Coming into force

***********************************************************************

1st Session, 35th Parliament,
42-43 Elizabeth II, 1994

The House of Commons of Canada

BILL C-64

An Act respecting Employment Equity

Her Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada, enacts as
follows:

Short Title

Short title 1. This Act may be cited as the Employment Equity
Act.

Purpose of Act

Purpose of Act 2. The purpose of this Act is to achieve equality in
the workplace so that no person shall be denied
employment opportunities or benefits for reasons
unrelated to ability and in the fulfilment of that
goal, to correct the conditions of disadvantage in
employment experienced by women, aboriginal peoples,
person with disabilities and members of visible
minorities by giving effect to the principle that
employment equity means more than treating persons
in the same way but also requires special measures
and the accommodation of differences.

Interpretation

Definitions 3. In this Act,

"aboriginal "aboriginal peoples" means persons who are Indians,
peoples" Inuit or Metis;

"Canadian "Canadian workforce" means all persons in Canada of
workforce" working age who are willing and able to work;

-------------------------------------------------------------
{At this point in the text there are two additional items inserted as
follows:}

Recommendation

His Excellency the Govenor General recommends to the House of Commons
the appropriation of public revenue under the circumstance, in the
manner and for the purposes set out in a measure entitled "An Act
respecting employment equity".

Summary

The purpose of this enactment is to achieve equality in the workplace
and to correct conditions of disadvantage experienced by certain
groups.

The enactment applies to the public service of Canada and to federally
regulated employers who, and such portions of the public sector as are
specified by order in council that, employ one hundred or more
employees.

Part I sets out the obligations of an employer and outlines reporting
requirements. Employers must identify employment barriers against, and
determine the degree of underrepresentation of certain groups and
prepare, implement, review and revis plans to promote employment
equity.

Part II sets out mechanisms for enforcing employer obligations.

Part III provides for the assessment of monetary penalties.

Part IV establishes reglulation-making authority and provides for other
general matters.

The enactment also makes consequential amendments to the Canadian Human
Rights Act, the Financial Administration Act and the Public Service
Employment Act.
-------------------------------------------------------------

"Commission" "Commission" means the Canadian Human Rights
Commission established under section 26 of the
Canadian Human Rights Act;

"compliance "compliance officer" means a person designated as an
officer" employment equity compliance review officer pursuant
to subsection 21(3);

"designated "designated groups" means women, aboriginal peoples,
groups" persons with disabilities and members of visible
minorities;

"members of "members of visible minorities" means person, other
visible than aboriginal peoples, who are non-Caucasian in
minorities" race or non-white in colour;

"Minister" "Minister" means the Minister of Employment and
Immigration;

"Panel" "Panel" means the Human Rights Tribunal Panel
established under section 48.1 of the Canadian Human
Rights Act;

"persons with "persons with disabilitiies" means persons who have
disabilities a long-term or recurring physical, mental, sensory,
psychiatric or learning impairment and who

(a) consider themselves to be disadvantaged in
employment by reason of that impairment, or

(b) believe that a employer or potential employer is
likely to consider them to be disadvantaged in
employment by reason of that impairment,

and includes persons whose functional limitations
owing to their impairment have been accommodated in
their current job or workplace;

"prescribed" "prescribed" means prescribed by the regulations;

"private sector "private sector employer" means any person who
employer" employs one hundred or more employees on or in
connection with a federal work, undertaking or
business as defined in section 2 of the Canada
Labour Code and includes any corporation established
to perform any function or duty on behalf of the
Government of Canada that employs one hundred or
more employees, but does not include

(a) a person who employs employees on or in
connection with a work, undertaking or business
of a local or private nature in the Yukon
Territory or the Northwest Territories, or

(b) a departmental corporation as defined in section
2 of the Financial Adminstration Act;

"representatives" "representatives" means

(a) those persons who have been designated by
employees to act as their representatives, or

(b) bargaining agents, where bargaining agents
represent the employees;

"Tribunal" "Tribunal" means an Employment Equity Review
Tribunal established by subsection 25(1).

Application

Application 4. (1) This Act applies to

(a) private sector employers;

(b) the portions of the public service of Canada set
out in Part I of Schedule I to the Public
Service Staff Relations Act; and

(c) such other portion of the public sector
employing one hundred or more employees,
including the Canadian Forces, the
Communications Security Establishment of
the Department of National Defence, the Royal
Canadian Mounted Police and the Canadian
Security Intelligence Service, as may be
specified by order of the Governor in Council on
the recommendation of the Treasury Board, in
consultation with the Minister responsible for
the specified portion.

Royal Canadian (2) For the purposes of this Act,
Mounted Police
(a) the Royal Canadian Mounted Police is deemed to
consist only of its members within the meaning
of subsection 2(1) of the Royal Canadian Mounted
Police Act;

(b) the Royal Canadian Mounted Police is deemed not
to be included in Part I of Schedule I to the
Public Service Staff Relations Act; and

(c) civilian employees appointed or employed in
accordance with section 10 of the Royal Canadian
Mounted Police Act are deemed to be included in
Part I of Schedule I to the Public Service Staff
Relations Act.

Canadian Forces (3) Members of the Canadian Forces and the Royal
and Royal Canadian Mounted Police are deemed to be
Canadian Mounted employees for the purposes of this Act.
Police

Responsibilities (4) The Treasury Board and the Public Service
of Treasury Board Commission, each acting within the scope of its
and Public powers, duties and functions under the Financial
Service Commission Administration Act and the Public Service
Employment Act, are responsible for carrying out
the obligations of an employer under this Act in
relation to employees employed in those
portions of the public service referred to in
paragraph (1)(b).

Deemed (5) Every portion of the public sector referred to
employers in paragraph (1)(c) is deemed to be an employer
for the purposes of this Act in relation to
employees employed in that portion except that,
with respect to any of those portions for which
the Public Service Commission exercises any
power or performs any duty or functions under
the Public Service Employment Act, the Public
Service Commission and that portion are
responsible for carrying out the obligatons of
any employer under this Act.

References to (6) In this Act, a reference to an employer is
employer deemed, in relation to those portions of the
public sector referred to in

(a) paragraph (1)(b), to be a reference to the
Treasury Board and the Public Service
Commission, each acting within the scope of its
powers, duties and functions under the Financial
Administration Act and the Public Service
Employment Act; and

(b) paragraph (1)(c) for which the Public Service
Commission exercises any power or performs any
duty or function under the Public Service
Employment Act, to be a reference to the
employer and the Public Service Commission.

Delegation by (7) The Treasury Board and the Public Service
Treasury Board Commission may, for the purpose of carrying out
and Public Service their obligations under this Act in relation to
Commission a portion of the public service or other portion
of the public sector referred to in subsection
(1), authorize the chief executive officer or
deputy head conderned to exercise, in relation
to that portion, any of the powers and perform
any of the duties and functions of the Treasury
Board or the Public Serive Commission, as the
case may be, referred to in this section.

Delegation by (8) Any chief executive officer or deputy head
chief executive authorized under subsection (7) to exercise any
officer or of the powers and perform any of the duties and
deputy head functions of the Treasury Board or Publc Service
Commission may, subject to and in accordance
with the authorization given to that officer or
deputy head, authorize one or more persons to
exercise any of those powers and perform any of
those duties and functions.

PART I

EMPLOYMENT EQUITY

Employer Obligations

Employer's duty 5. Every employer shall implement employment equity
by

(a) identifying and eliminating employment barriers
against persons in designated groups that result
from the employer's employment systems, policies
and practices that are not authorized by law;
and

(b) instituting such positive policies and practices
and making such reasonable accommodations as
will ensure that persons in designated groups
achieve a degree of representation in each
occupational groups in the employer's workforce
that reflects their representation in

(i) the Canadian workforce, or

(ii) those segments of the Canadian workforce
that are identifiable by qualification,
eligibility or geography and from which the
employer may reasonably be expected to draw
employees.

Employer not 6. The obligation to implement employment equity
required to does not require an employer
take certain
measures (a) to take a particular measure to implement
employment equity where the taking of that
measure would cause undue hardship to the
employer;

(b) to hire or promote unqualified persons;

(c) with respect to the public sector, to hire or
promote persons without basing the hiring or
promotion on selection according to merit in
cases where the Public Service Employment Act
requires that hiring or promotion be based on
selection according to merit; or

(d) to create new positions in its workforce.

Employment of 7. Notwithstanding any other provision of this Act,
aboriginal where a private sector employer is engaged primarily
peoples in promoting or serving the interests of aboriginal
peoples, the employer may give preference in
employment to aboriginal peoples or employ only
aboriginal peoples, unless that preference or
employment would constitute a discriminatory
practice under the Canadian Human Rights Act.

Certain rights 8. (1) Employee seniority rights with respect to
not employment a layoff or recall under a collective agreement or
barriers pursuant to the established practices of an
employer are deemed not to be employment barriers
within the meaning of this Act.

Other seniority (2) Unless they are found to constitute a
rights discriminatory practice under the Canadian
Human Rights Act, employee seniority rights
other than those referred to in subsection (1),
including rights acquired under workforce
adjustment policies implemented when an employer
is downsizing or restructing, under a collective
agreement or pursuant to an established
practice, are deemed not to be employment
barriers within the meaning of this Act.

Public sector (3) The following are not, in relation to the
public sector, employment barriers within the
meaning of the Act, namely,

(a) priorities for appointemtn under the Public
Service Employment act or regulations made by
the Public Service Commission; and

(b) workforce adjustment measures established by
the Treasury Board, including measures set out
in the Workforce Adjustment Directive, or by the
Public Service Commission or any other portion
of the public sector referred to in paragraph
4(1)(c).

Analysis and 9. (1) For the purpose of implementing employment
review equity, every employer shall

(a) collect information and conduct an analysis of
the employer's workforce, in accordance with
the regulations, inorder to determine the degree
of the underrepresentation of persons in
designated groups in each occupational group
in that workforce; and

(b) conduct a review of the employer's employment
systems, policies and practices, in accordance
with the regulations, in order to identify
employment barriers against persons in
designated groups that result from those
systems, policies and practices.

Self- (2) Only those employees who identify themselves to
identification an employer, or agree to be identified by an
employer, as aboriginal peoples, members of
visible minorities or persons with disabilities
are to be counted as members of those designated
groups for the purposes of implemenitng
employment equity.

Employment 10. (1) The employer shall prepare an employment
equity plan equity plan that

(a) specifies the positive policies and practices
that are to be instituted by the employer in
the short term for the hiring, training,
promotion and retention of persons in designated
groups and for the making of reasonable
accomodations for those persons to correct the
underrepresentation of those persons by the
analysis under paragraph 9(1)(a);

(b) specifies the measures to be taken by the
employer in the short term for the elimination
of any employment barriers identified by the
review under paragraph 9(1)(b);

(c) establishes a timetable for the implementation
of the matters referred to in paragraphs (a)
and (b);

(d) where underrepresentation has been identified
by the analysis, establishes short term
numerical goals for the hiring and promotion
of persons in designated groups in order to
increase their representation in each
occupational group in the workforce in which
underrepresentation has been identified and
sets out measures to be taken in each year to
meet those goals;

(e) sets out the employer's longer term goals for
increasing the representation of persons in
designated groups in the employer's workforce
and the employer's strategy for achieving those
goals; and

(f) provides for any other matter that may be
prescribed.

Establishment of (2) In establishing the short term numerical goals
numerical goals referred to in paragraph (1)(d), every employer shall
consider

(a) the degree of underrepresentation of persons in each
designated group in each occupational group within the
employers's workforce

(b) the availablility of qualified persons in designated
groups within the employer's workforce and in the
Canadian workforce;

(c) the anticipated growth or reduction of the employer's
workforce during the period in respect of which the
numerical goals apply;

(d) the anticipated turnove of employees within the
employer's workforce during the period in respect of
which the numerical goals apply; and

(e) any other factor that may be prescribed.

Definition (3) In this section, "short term" means a period of not
less than one year and not more than three years, and
"longer term" means a period of more than three years.

Reasonable 11. Every employer shall ensure that its employment equity
progress plan would, if implemented, constitute reasonable progress
toward implementing employment equity as required by this
Act.

Implementation and 12. Every employer shall
and monitoring of
plan (a) make reasonable efforts to implement its employment
equity plan; and

(b) monitor implementation of its plan on a regular basis
to assess whether reasonable progress toward
implementing emplyment equity is being made.

Periodic review 13. Every employer shall, at least once during the period
and revision of in respect of which the short therm numerical goals
plan referred to in paragraph 10(1)(d) are established, review
its employment equity plan and revise it by

(a) updating the numerical goals, taking into account the
factors referred to in subsection 10(2); and

(b) making any othe changes that are necessary as a result
of an assessment made pursuant to paragraph 12(b) or
as a result of changing circumstances.

Consultation with 14. (1) Every employer shall consult with its employees'
employee representatives to provide their vies concerning
representatives
(a) the assistance that the representatives could provide
to the employer to facilitate the implementation of
employer equity in its workplace and the communcations
to its employees of matter relating to employment
equity; and

(b) the preparaton, implementation and revision of the
employer's employment equity plan.

Where employees (2) Where employees are represent by a bargaining agent,
represented by the bargaining agent shall participate in a
bargaining agent consultation under subsection (1)

Rule of (3) A consultation under subsection (1) is not a form of
interpretation co-management.

New employers 15. (1) A person who becomes an employer after the day on
which this section comes into force shall, within
eighteen months after becoming an employer, comply with
sections 9 and 10.

Compliance audit (2) The Commission may not conduct a compliance audit of
the discharge of the obligations of a person referred
to in subsection (1) within two years after the day on
which that person becomes and employer.

Records and Reports

Employment 16. Every employer shall, in accordance with the
equity records regulations, establish and maintain employment equity
records in respect of the employer's workforce, the
employer's employment equity plan and the implementation
of employment equity by the employer.

Reports of 17. (1) Every private sector employer shall, on or before
private sector June 1 in each year, file with the Minister a report in
employers respect of the immediately preceding calendar year
containing information in accordance with prescribed
instructions, indicating, in the prescribed manner
and form,

(a) the industrial sector in which its employees are
employed, the location of the employer and its
employees, the number of its employees and the number
of those employees who are members of designated
groups;

(b) the occupational groups in which its employees are
employed and the degree of representation of persons
who are members of designated groups in each
occupational group;

(c) the salary ranges of its employees and the degree of
representation of persons who are members of
designated groups in each range and in each
prescribed subdivision of the range: and

(d) the number of its employees hired, promoted and
terminated and the degree of representation in those
numbers of persons who are members of designated
groups.

Interpretation (2) For the purposes of subsection (1), and employer is
person who or organization that was the employer on
December 21 in he immediately preceding year.

Self- (3) Only those employees who identify themselves to their
identification employer, or agree to be identified by their employer,
as aboriginal peoples, members of visible minorities
and persons with disabilities are to be counted as
members of those designated groups for the purposes
of the report.

Certificate (4) A report shall be certified, in the prescribed manner,
required as to the accuracy of the information contained in it
and shall be signed by the employer or, where the
employer is a corporation, by a prescribed person on
behalf of the corporation.

Additional (5) An employer may include in a report a description of
information
(a) the measures taken by the employer during the
reporting period to implement employment equity
and the results achieved, and

(b) the consultations between the employer and its
employees' representatives during the reporting
period concerning the implementation of
employment equity,

Consolidated (6) Where, in the opinion of the Minister, associated or
reports related federal works, undertakings or businesses are
operated by two or more employers having common
control or direction, the Minister may, on the
application of the employers, authorize them to file
a consolidated report with respect to employees
employed by them on or in connection with those works,
undertakings or businesses.

Exemption for (7) The Minister may, on the application of an employer,
private sector exempt the employer from any or all the requirements
employers of this section for a period not exceeding one year
if, in the opinion of the Minister, special
circumstances warrant the exemption.

Copy to (8) The Minister shall, on receipt of a report, send a
Commission of it to the Commission

Availability of 18. (1) Subject to subsection (2), every report filed
reports of under subsection 17(1) shall be available for public
private sector inspection at such places as may be designated, and in
employers such form as may be determined, by the Minister, and any
person may, on payment of a prescribed fee, not to
exceed the costs of furnishing a copy, obtain from the
Minister a copy of any of the reports.

Withholding (2) The Minister may, on the application of an employer,
of report withhold the employer's report from pubic
inspection for a period not exceeding one year if,
in the opinion of the Minister, special circumstances
warrant the withholding.

Consolidation 19. The Minister shall in each year prepare a report
to be tabled consisting of a consolidation of the reports filed under
subsection 17(1) together with an analysis of those
reports and shall cause the report to be laid before
Parliament on any of the first fifteen days that either
Hosue of Parliament is sitting after the report is
completed.

Report of 20. (1) The President of the Treasury Board shall, in each
Treasury Board fiscal year, cause to be laid before each House of
Parliamet a report in respect of the state of employment
equity in the portions of the public service referred to
in paragraph 4(1)(b) during the immediately preceding
fiscal year.

Contents (2) The report shall consist of a consolidation and
of report analysis of

(a) the number of employees employed in each portion of
the public service referred to in paragraph 4(1)(b)
and the number of persons who are members of
designated groups so employed;

(b) the total number of employees employed in all portions
of the public service referred to in paragraph 4(1)(b)
in each province and in the National Capital Region
and the number of persons who are mumbers of
designated groups so employed;

(c) the occupational groups of employees and the degree
of representation of persons who are members of
designated groups in each occupational groups;

(d) the salary ranges of employees and the degree of
representation of persons whoare members of
designated groups in each range and in each prescribed
subdivision of the range;

(e) the numbers of employees hired, promoted and
terminated and the degree of representation, in those
numbers, or persons who are members of designated
groups; and

(f) any other information that the President of the
Treasury Board considers to be relevant.

Requirement to (3) Each portion of the public sector that has been
provide specified by order of the Governor in Council pursuant
information to paragraph 4(1)(c) shall, within six months after
the end of each fiscal year, provide to the President
of the Treasury Board a report containing the
information referred to in subsecction (2) in relation
to that portion during that fiscal year and the
President shall cause the reports, together with the
report referred to in subsection (1), to be laid
befoe each House of Parliament.

PART II

COMPLIANCE

Compliance Audits

Compliance 21. (1) The Commission is responisble for the enforcement
audits of the obligations imposed on employers by sections 5, 9
to 14 and 16.

Guiding policy (2) The Commission shall, in discharging its
responsibility under subsectin (1), be guided by
the policy that, wherever possible, cases of
non-compliance be resolved through persuasion and
the negotiation of written undertakings pursuant to
subsection 23(1) and that directions be issued under
subsetion 23(2) or (3) and applications for orders
be made under subsection 24(2) only as a last resort.

Compliance (3) The Commission my designate any person or category of
officers persons as employment equity compliance review
designated officers for the purposes of conducting compliance
audits of employers.

Where compliance (4) No person who has been designated as an investigator
officer may not under section 43 of the Canadian Human Rights Act to
act investigate a complaint under that Act in respect of
an employer may, during the investigation, conduct a
compliance audit of that employer.

Powers of 22. (1) For the purposes of ensuring compliance with the
compliance provisions refered to in subsectin 21(1), a compliance
officers officer may conduct a compliance audit of an employer
and, for that purpose, may

(a) at any reasonable time, enter any place in which the
officer believes on reasonalbe grounds there is any
thing relevant to the enforcement of any of these
provisions; and

(b) require any person to produce for examination or
copying any record, book of account or other
document that the officer believes on reasonable
grounds contains information that is relevant to the
enforcement of any of those provisions.

Data processing (2) In conducting a compliance audit, a compliance officer
systems and may
copying equipment
(a) reproduce or cause to be reproduced any record from a
data processing system in the form of a print-out or
other intelligible output and remove the print-out or
other output for examination and copying; and

(b) use or cause tobe used any copying equipment at the
place to make copies of any record, book or account or
other document

Certificate to (3) Compliance officers shall be furnished with
be produced certificates in a form established by the Commission
certifying their designation as compliance officers
and, on entering a place under paragraph (1)(a), a
compliance officer shall show the certificate to the
person in charge of the place if the person requests
proof of the officer's designation.

Assistance to (4) The person in charge of a place entered pursuant to
compliance paragraph (1)(a) and every person found in the place
officers shall

(a) give the compliance officer all reasonable assistance
to enable the officer to exercise the powers
conferred on compliance officers by this section; and

(b) provide the officer with any information relevant to
the enforcement of this Act that the officer may
reasonably require.

Undertakings and Directions

Employer 23. (1) Where a compliance officer is of the opinion that
undertaking an employer

(a) has not collected information or conducted an analysis
referred to in paragraph 9(1)(a) or conducted a review
referred to in paragraph 9(1)(b),

(b) has not prepared an employment equity plan referred to
in section 10,

(c) has prepared an employment equity plan that does not
meet the requirements of sections 10 and 11,

(d) has not made reasonable efforts to implement its
employment equity plan in accordance with section 12,

(e) has failed to review and revise its employment equity
plan in accordance with section 13,

(f) has failed to consult with its employees'
representatives in accordance with section 14,

(g) has failed to establish and maintain employment equity
records as required by section 16, or

(h) has failed to give reasonable assistance or to produce
information as required by subsection 22(4),

the compliance officer shall inform the employer of the
non-compliance and shall attempt to negotiate a written
undertaking from the employer to take specified measures
to remedy the non-compliance.

Direction of (2) Where a compliance officer fails to obtain a written
compliance undertaking that, in the opinion of the compliance
officer officer, would be sufficient to remedy the
non-compliance, the compliance officer may issue and
send, by registered mail, a direction to the employer

(a) setting outthe facts on which the officer's finding
of non-compliance is based; and

(b) requiring the employer to take such actions as are
specified in the direction to remedy the
non-compliance.

Breach of (3) Where a compliance officer obtains a written
undertaking undertaking and the compliance officer is of the
opinion that the employer has breached the undertaking
the compliance officer may issue and send, by
registered mail, a direction to the employer requiring
the employer to take such actions as are specified in
the direction to remedy the non-compliance.

(4) A compliance officer may rescind or amend a direction
issued by that officer pursuant to subsection (2) or
(3) on the presentation of new facts or on being
satisfied that the direction was issued without
knowledge of, or was based on a mistake as to, a
material fact.

Requests for Review or Order

Employer's 24. (1) An employer to whom a direction is issued pursuant
request for to subsection 23(2) or (3) may, within sixty days after
review the day on which it is issued, make a request to the
President of the Panel for a review of the direction.

Commission (2) Where the Commission is of the opinion that an
may apply employer has failed to comply with direction issued
by a compliance officer, the Commission may apply to
the President of the Panel for an order confirming the
direction.

Limitation (3) No application may be made pursuant to subsection (2)
where the employer has requested a review in
accordance with subsection (1).

Employment Equity Review Tribunals

Establishment 25. (1) Where an employer makes a request under
of Tribunals subsection 24(1) or the Commission makes an application
under subsection 24(2), the President of the Panel shall
establish an Employment Equity Review Tribunal to
consider the request or application.

Composition (2) The President of the Panel shall appoint a Tribunal
consisting of one member of the Panel, but the
President of the Panel may appoint a Tribuanl of three
members if the President considers that the complexity
or precedential significance of the request or
application requires a Tribunal of three members.

Presiding (3) Where a Tribunal consists of more than one member, the
President of the Panel shall designate one of the
members to preside over the hearings of the Tribunal.

Renumeration (4) The members of a Tribunal shall be paid such
renumeration as may be fixed by the Governor in
Council.

Travel Expenses (5) Members are entitled to be paid travel and living
expenses incurred in carrying out duties as members of
the Tribunal while absent from their places of
residence, but the expenses must not exceed the
maximum limits authorized by Treasury Board directive
for exployees of the Government of Canada.

Technical experts (6) The President of the Panel may engage and, subjecct to
the approval of the Treasury Board, fix the
renumeration of persons having technical or special
knowledge to assist or advise a Tribunal in any matter.

Government (7) In performing its duties and functions, a Tribunal
services and shall, where available, make use of the services and
facilities facilities of departments, boards and agencies of the
Government of Canada.

Rules (8) The President of the Panel may make rules governing
the practice and procedure of Tribunals.

Powers of 26. (1) A Tribunal may
Tribunal
(a) in the same manner and to the same extent as a
superior court of record, summon and enforce the
attendance of witnesses and compel them to give oral
and written evidence on oath and to produce such
documents and things as the Tribunal considers
necessary for a full review;

(b) administer oaths; and

(c) receive and accept such evidence and other information
whether on oath or by affidavit or otherwise, as the
Tribunal sees fit, whether or not that evidence or
information would be admissible in a court of law.

How matters to (2) A Tribunal shall conduct any matter that comes before
be dealt with it as informally and expeditiously as the
circumstances and consideration of fairness and
natural justice permit.

Hearings may (3) A hearing before a Tribunal may, on the request of an
be in camera employer, be held in camera if the employer
establishes to the satisfaction of the Tribunal that
the circumstances of the case so require.

Reasons for (4) A Tribunal shall provide the parties to a proceeding
decision before the Tribunal with written reasons for its
decision.

Decision of 27. (1) A Tribunal may, after hearing a request made
Tribunal under subsection 24(1) or an application made under
subsection 24(2),

(a) by order, confirm, vary or rescind the compliance
officer's direction; and

(b) make any other order it considers appropriate and
reasonable in the circumstances to remedy the
non-compliance.

Board may vary (2) A Tribunal may vary or rescind any order made by it.
or rescind

Orders are final (3) An order of a Tribunal is final and except for
judicial review under the Federal Court Act, is not
subject to appeal or review by any court.

Enforcement 28. (1) Any order of a Tribunal made under section 27 may,
of orders for the purposes of its enforcement, be made an order of
the Federal Court and is enforceable in
the same manner as and order of that Court.

Procedure (2) To make an order of a Tribunal an order of the Federal
Court, the usual practice and procedure of the Court
may be followed or a certified copy of the order may
be filed with the registrar of the Court, and from
the time of filing the order becomes an order of the
Court.

Report of 29. The Commission shall include it its annual report
activities of referred to in section 61 of the Canadian Human Rights
Human Rights Act a report of its activities, including an assessment of
Commission their effectiveness, under this Act during the year.

Limitations repecting Directions and Orders

Limitation 30. (1) No compliance officer may give a direction under
section 23 and no Tribunal may make an order under section
27 whre that direction or order would

(a) cause undue hardship on an employer;

(b) require an employer to hire or promote unqualified
persons;

(c) with respect to the public sector, require an employer
to hire or promote persons without basing the hiring or
promotion on selection according to merit in cases
where the Public Service Employment act requires that
hiring or promotion be based on selection according to
merit; or to impose on the Public Service Commission an
obligation to exercise its discretion regarding
exclusionary orders or regulations;

(d) require an employer to create new positions in its
workforce;

(e) impose a quota on an employer; or

(f) in the case of a direction or order respection the
establishment of short term numberical goals, fail to
take into account the factors set out in subsection
10(2).

Meaning of (2) In paragraph (1)(3), "quota" means a requirement to
"quota" to hire or promote a fixed and arbitrary number of
persons during a given period.

Public sector (3) In making a direction or order that applies to the
public sector, a compliance officer, in the case of a
direction, and a Tribunal, in the case of an order,
shall take into account the respective roles and
responsibilities or

(a) the Public Service Commission and the Treasury Board
under the Public Service Employment Act and the
Financial Administration Act; or

(b) a portion of the public sector specified by order
under paragraph 4(1)(c) under any other Act of
Parliament.

Privileged Information

Privileged 31. (1) Information obtained by the Commission under this Act
information is privileged and shall not knowingly be, or be permitted to
be, communicated, disclosed or made available without the
written conser of the person from whom it was obtained.

Evidence and (2) No member of the Commission or person employed by it who
production of obtains information that is privileged under subsection
documents (1) shall be required, in connectio with any legal
proceedings, other than proceedings relating to the
administration or enforcement of this Act, to give
evidence relating to that information or to produce any
statement or other writing containing that information.

Communication (3) Information that is privileged under subsection (1) may,
or disclosure on any terms and conditions that the Commission considers
of information appropriate, be communicated or disclosed to a minister of
the Crown in right of Canada or to any officer or employee
of Her Majesty in right of Canada for any purpose relating
to the administration or enforcement of this Act.

Exception (4) Nothing in this section prohibits the communication or
* disclosure of information for the purposes of legal
proceedings relating to the administration or enforcement
of this Act.

Employer's (5) No information obtained by the Commission or a Tribunal
consent under this Act may be used in any proceedings under any
required other Act without the consent of the employer concerned.

PART III

ASSESSMENT OF MONETARY
PENALTIES

Violations

Violations 32. (1) Every private sector employr sommits a violation
of this Act who

(a) without reasonable excuse, fails to file and
employment equity report as required by section 17;

(b) without reasonable excuse, fails to imclude in the
employment equity report any information that is
required, by section 17 and the regulations, to be
included; or

(c) provides any information in the employment equity
report that the employer knows to be false or
misleading.

Continuing (2) A violation that is committed or continued on more
violations than one day constitutes a separate violation for each
day on which it is committed or continued.

Violations not (3) A violation is not an offence and accordingly the
offences Criminal Code does not apply in respect of a
violation.

Assessment of 33. (1) The Minister may, within two years after the day
monetary penalty on wich the Minister becomes aware of a violation, issue a
notice of assessment of a monetary penalty in respect of
the violation and send it by registered mail to the
private sector employer.

Limit (2) The amount of a monetary penalty shall not exceed

(a) $10,000 for a single violation; and

(b) $50,000 for repeated or continued violations.

Factors to be (3) In assessing the amount of a mometary penalty, the
considered Minister shall take into account

(a) the nature, circumstances, extent and gravity of the
violation; and

(b) the wilfulness or intent of the private sector
employer and the employer's history of prior
violations.

Notice of 34. A notice of the assessment of a monetary penalty shall
assessment of
monetary penalty (a) identify the alleged violations;

(b) specify the amount of the monetary penalty; and

(c) specify the place where the employer may pay the
monetary penalty.

Options

Employer's 35. (1) An employer may, not later than thirty days after
options receiving a notice of assessment of a monetary penalty

(a) comply with the notice; or

(b) contest the assessment of the monetary penalty by
making a written application ot the Minister for a
review, by a Tribunal, of that assessment.

Copy of (2) Where the Minister receives a written application, the
application Minister shall send a copy of the application to the
President of the Panel.

Copy of notice (3) Where an employer who is issued a notice of
of assessment assessment of a monetary penalty fails to exercise one
of the options set out in subsection (1) within the
period referred to in that subsection, the Minister
shall send a copy of the notice of assessment to the
President of the Panel.

Review by 36. (1) On receipt of a copy of a written application or a
Tribunal copy of a notice of assessment, the President of the Panel
shall establish a Tribunal consisting of one member
selected from the Panel to review the assessment and shall

(a) send, by registerd mail, a request that the employer
appear befoe the Tribunal at the time and place set
out in the request to hear the allegations against the
employer in respect of the alleged violation; and

(b) in writing, advise the Minister who issued the notice
of assessment of the time and place set out in the
request.

Failure to appear (2) Where an employer to whom a request is sent fails to
before Tribunal appear befoe a Tribunal at the time and place set out
in the request, the Tribunal shall consider all the
information that is presented to it by the Minister in
relation to the alleged violation.

Opportunity to (3) In conducting its review, a Tribunal shall provide the
make Minister and the employer with a full opportunity
representation consistent with procedural fairness and natural
justice to present evidence and make representations
to it with respect to the alleged violation.

Determination (4) Where at the conclusion of its proceedings a Tribunal
of Tribunal determines that the employer

(a) has not committed the alleged violation, the Tribunal
shall immediately inform the employer and the Minister
of its determination and no further proceedings shall
be taken against the employer in respect of the
alleged violations; or

(b) has committed the alleged violation, the Tribunal
shall immediately

(i) issue to the Minister a certificate, in the
prescribed form, of its determination that sets
out an amount, not exceeding the applicable
amount set out in subsection 32(2), determined by
the Tribunal to be payable by the employer in
respect of the violation, and

(ii) send a copy of the certificate to the employer
by registered mail.

Factors to be (5) In determining an amount under subparagraph (4)(b)(i),
considered a Tribunal shall take into account the factors set out
in subsection 33(3).

Burden of proof (6) In proceedings under this section, the Minister has
the burden of proving, ona balance of probabilities,
that an employer hs committed the alleged violation.

Certificate (7) A certificate that purports to have been issued by a
Tribunal under subparagraph (4)(b)(i) is evidence of
the facts stated in the certificate, without proof of
the signature or official character of the person
appearing to have signed the certificate.

Determinations (8) A determination of a Tribunal under this section is
are final final, and except for judicial review under the
Federal Court Act, is not subject to appeal or review
by any court.

Enforcement of Monetary Penalties

Registration of 37. (1) A certificate issued under subparagraph 36(4)(b)(i)
certificate may be registered in the Federal Court and when registered
has the same force and effect, ans all proceedings may be
taken on the certificate, as if the certificatewere a
judgement in that Court obtained by Her Majesty in right
of Canada against the employer named in the certificate
for a debt in the amount set out in the certificate.

Recovery of cost (2) All reasonable costs and charges associated with
and charges registration of the certificate are recoverable in
like manner as if they were part of the amount
determined by the Tribunal under subparagraph
36(4)(b)(i).

PART IV

GENERAL

Regulations 38. (1) The Governor in Council may make regulations

(a) defining, for the purposes of the Act, the
expressions "employee", "hired", "occupational group",
"promoted", "salary" and "terminated";

(b) prescribing the manner of calculating the number of
employees employed by an employer for the purpose of
determining when an employer is considered to employ
one hundred or more employees;

(c) governing the collection of information and the
conduct of analyses referred to in paragraph 9(1)(a)
and the conduct of reviews referred to in paragraph
9(1)(b);

(d) governing the establishment and maintenance of
employment equity records referred to in section 16;

(e) prescribing anything taht is to be prescribed by this
Act; and

(f) generally, for carrying out ths purposes and
provisions of this Acct.

Application (2) A regulation made pursuant to subsection (1) may be of
general application or may apply to a particular
employer or group of employers.

Where regulations (3) No regulation may be made under subsection (1) that
apply to public applies to the public sector without the authorization
sector of the Treasury Board.

Inconsistent (4) No expression defined pursuant to paragraph (1)(a)
meanings that applies to the public sector shall be given a
meaning that is inconsistent with the meaning that
that expression or any similar expression is given
under the Public Service Employment Act.

Adaptation of Act (5) Where an order is made under paragraph 4(1)(c) in
in certain relation to the Canadian Forces, the Communications
portions Security Establishment of the Department of National
Defence, the Royal Canaian Mounted Police or the
Canadian Security Intelligence Service, the Governor
in Council may, taking into account the requirements
for operational effectiveness of those portions of the
public sector, make any regulation that the Governor
in Council considers necessary to adapt this Act or
the regulations, or any provision of this Act or the
regulations, to accommodate that portion, on the
recommendation of the Treasury Board after
consultation with

(a) in the case of a regulation respecting the Canadian
Forces or the Communications Security Establishment of
the Departmentof National Defense, the Minister of
National Defense; and

(b) in the case of a regulation respecting the Royal
Canadian Mounted Police or the Canadian Security
Intelligence Service, the Solicitor General.

Requirements (6) The effect of a regulation made under subsection (5)
may differ with respect to any matter may differ from the effect
of the Act or the regulations or of any provision of
the Act or the regulations with respect to that
matter.

Powers, duties 39. (1) The Minister is responsible for
and functions
of Minister (a) developing and conducting information programs to
foster public understanding of this Act and to foster
public recognition of the purpose of this Act;

(b) undertaking research related to the purpose of this
Act;

(c) promoting, by any means that the Minister considers
appropriate, the purpose of this Act;

(d) Publishing and disseminating information, issuing
guidelines and providing advice to private sector
employers and employee representatives regarding the
implementation or employment equity; and

(e) developing and conducting programs to recognize
private sector employers for outstanding achievement
in implementing employment equity.

Federal (2) The Minister is responsible for the administration of
Contractors the Federal Contractors Program for Employment Equity
Program and shall, in discharging that responsibility, ensure
that the core requirements of that program are
compatible witht he principles or employment equity
reflected in this Act.

Labour market (3) The Minister shall make available to employers any
information any relevant labour market information that the
Minister has respecting designated groups in the
Canadian workforce in order to assist employers in
fulfilling their obligations under this Act.

Delegation 40. The Minister may authorize those person employed in
the public serice of Canada whom the Minister
considers to be appropriate to exercise any of the
powers and perform any of the duties and functions
that may be or are required to be exercised or
performed by the Minister under this Act or the
regulations, and any power exercised or duty or
function performed by any person so authorized shall
be deemed to have been exercised or performed by the
Minister.

Review of 41. (1) Five years after the coming into force of this
operation of Act, and at the end of evey five year period thereafter,
Act a comprehensive review of the provisions and operation of
this Act including the effect of those provisions shall be
undertaken by such committee of the House of Commons as
may be designated or established by the House for that
purpose.

Tabling of (2) A committee shall, within six months after the
report the completion of a review referred to in
subsection (1), submit a report onits review to the
House of Commons including a statement of any changes
the committee would recommend.

Transitional Provision

Compliance with 42. The Treasury Board, the Public Service Commission and
certain any person who is an employer to whom the Employment
provisions Equity Act, R.S., c. 23 (2nd Supp.), applied shall,
within one year after the coming into force of this
section, comply with sections 9 and 10 of this Act.

Consequential Amendments
R.S.,c.H-6
Canadian Human Rights Act

43. Section 40 of the Canadian Human Rights Act is amended
by adding the following after subsection (3):

Limitation |(3.1) No complaint may be initiated under subsection (3)
|as a result of information obtained by the Commission in
|the course of the administratio of the Employment Equity
|Act.

44. The Act is amended by ading the following after
section 40:

45. Section 41 of the Act is renumbered as subsection 41(1)
and is amended by adding the following:

Commission |(2) The Commission may decline to deal with a complaint
may decline to |referrd to in paragraph 10(a) in respect of an employer
deal with |where it is of the opinion that the matter has been
complaint |adequately dealt with inthe employer's employment equity
|plan prepared pursuant to section 10 of the Employment
|Equity Act.
|
Meaning of |(3) In this section "employer" means a person who or
"employer" |organization that discharges the obligations of an
|employer under the Employment Equity Act.

46. The Act is amended by adding the following after
section 54:

47. (1) Subsection 11(2) of the Financial Administration
Act is amended by adding the following paragraph (h):

|(2) Subject to the provisions of any enacctment respecting
| the powers and functions of a separate employer but
| notwithstanding any other provision contained in any
| enactment, the Treasury Board may, in the exercise of
| its responsibilities in relation to personnel
| management including its responsibilities in reation
| to employer and employee relationsin the public
| service and with limiting the generality of sections
| 7 to 10.

1992,c.54,s. (2) Subsections 11(2.1) to (3) of the Act are replaced by
81(2), (3) by the following:

Limitation of |(2.1) The Treasury Board may designate groups of persons
powers and | that are disadvantaged, including women, aboriginal
functions of | peoples, persons with with disabilities and persons
Board in | who are, because of their race or colour, in a
relation to | visible minority in Canada, and may establish
matters | policies and programs to improve employment and and
expressly | career opportunities for designated groups in the
determined | public service and to correct the conditions of
| disadvantage experienced by such groups in their
| employment.
|
|(2.2) The Treasury Board shall, in consultations with the
| bargaining agetns representing person employed in
| the public service, implement employment equity by
|
|(a) identifying and eliminating each of the employment
| practices in the public service, not otherwise
| authorized by law, that results in employment
| barriers against persons in designated groups; and
|
|(b) instituting such positive policies and practices and
| making such reasonable accommodation as will ensure
| that persons in designated groups achieve a degree
| of representation in the various positions of
| employment within the public service that is at
| least proportionate to their representation
|
| (i) in the work force, or
|
| (ii) in those segments of the work force that are
| identifiable by qualification, eligibility or
| geography and from which the public service may
| reasonably be expected to draw or promote
| employees.
|
|(2.3) The Treasury Board shall, ofr each fiscal year in
| respect of each department and other portion of the
| public service pecified in Part I of Schedule I to
| the Public Service Staff Relations Acct, prepare a
| plan setting out
|
| (a) the goals that it intends to achieve in
| implementing employment equity in the fiscal
| year or years to which the plan relates; and
|
| (b) the timetable for the implementationof those
| goals.
|
|(2.4) In each fiscal year, the President of the Treasury
| Board shall cause to be laid before each House of
| Parliament a report in respet of the state of
| employment equity in the public service during the
| immediately preceding fiscal year, indicating
|
| (a) the number of employees employed in each
| department and other portion of the public
| service specified in Part I of Schedule I to
| the Public Service Staff Relations Act and the
| number of persons in designated groups so
| employed;
|
| (b) the occupational groups of employees and the
| degree of representation of persons in designated
| groups in each occupational group:
|
| (c) the salary ranges of employees and the degree of
| representation of persons in designated groups
| in each range and any subdivision thereof; and
|
| (d) the number of employees hired, promoted and
| terminated and the degree of representation in
| those numbers of persons in designated groups.
|
|(2.5) Subsecctions (2.1) to (2.4) do not apply in respect
| of a separate employer.
|
|(3) The powers and functions of the Treasury Board in
| relation to any of the matters specified in
| subsections (2) to (2.4) do not extend to any such
| matter taht is expressly determined, fixed, provided
| for, regulated or established by any Act otherwise
| than by the conferring of powers or functions in
| relation therreto on any authority or person
| specified in that Act, and do not include or extend
| to any power or function specifically conferred on,
| or any process of personnel selection required or
| authorized to be employed by, the Public Service
| Commission by or under the authority of the Public
| Service Employment Act.
R.S.,c.P-33
Public Service Employment Act

48. Subsection 5.1(5) of the Pubic Service Employment Act
is replaced by the following:

Definition of |(5) In this setion, "employment equity program" means a
"employment | program establish by the Treasury Board to improve
equity | employment and career opportunities in the Public
program" | Service for grups or persons that are disadvantaged,
| including women, aboriginal peoples, persons with
| disabilities and persons who are, because of their
| race or colour, is a visible minority in Canada, and
| to correct the conditions of disadvantage experienced
| by such groups in their employment.

49. The relevant portion of subsection 47(1) reads
as follows:

|47. (1) The Commission shall within five months after the
|end of each fiscal year, tramsmit to the Minister
|designated by the Governor in Council for the purposes of
|this section a report and statement of

Repeal

Repeal 50. The Employment Equity Act, R. S., C. 23 (2nd Suppl.),
is repealed.

Coming Into Force

Coming into 51. This Act or any provision of this Act comes into
force on a day or days to be fixed by order of the
Governor in Council.

Bob Levitt

unread,

Jun 4, 1996, 3:00:00 AM6/4/96

to

Bill Stuart (ah...@FreeNet.Carleton.CA) wrote:

: Brian Graham (Gra...@psac.com) writes:
: >
: > No. It means that a minority gets the job.

: It means the chance of a minority getting a job depends on how
: many minorities you can get applying for that position. If it's over the
: percentage of that minority group in a given area, then the chances are
: equal.

: --

: Acceptable amounts in Canadian drinking water: Cyanide: 0.2 mg/l Uranium:
: 0.1 mg/l Mercury: 0.001 mg/l Dioxin: 15 pg/l

Employment equity is about bringing affirmative action programs in the
hiring, training, promotion and retention of the "designated groups"
to meet quotas ("numerical targets") so that their proportions in all
levels and areas of the covered companies or government ministries,
departments, directorates, etc., of these "designated groups" at least
match their proportions in the population. If the non-designated groups
are under-represented, that is not against Employment Equity regulations.

Jeff Breukelman

unread,

Jun 4, 1996, 3:00:00 AM6/4/96

to

Bob Levitt wrote:

>
> Bill Stuart (ah...@FreeNet.Carleton.CA) wrote:
>
> >
> Employment equity is about bringing affirmative action programs in the
> hiring, training, promotion and retention of the "designated groups"
> to meet quotas ("numerical targets") so that their proportions in all
> levels and areas of the covered companies or government ministries,
> departments, directorates, etc., of these "designated groups" at least
> match their proportions in the population. If the non-designated groups
> are under-represented, that is not against Employment Equity regulations.

Employment equity is an interesting idea, but I find the notion of "affirmative"
action to bring about that idea appalling. Since when is it right to hire
someone less qualified simply because of the colour of his or her skin? Isn't
this what so many minority groups have been speaking out against for years?

I will grant you that minorities often (perhaps even usually) do not get a fair
shot at a job when compared to whites. However the solution is NOT to
institutionalize discrimination on the basis of race, regardless of whether it
is minorities or majorities who receive the benefits of said discrimination.

The solution is obvious (in basic form anyway). People must be educated to the
point where they will not consider race in selecting employees and to the point
where no race has any actual or historical disadvantage. The problem with this
approach is the time it will take. Very few people will be willing to wait for
this approach to begin showing results, but in reality, it is the only workable
solution. Any other solution, such as "affirmative" action, will have too many
negative effects to truly be workable. I would even go so far as to say that
"affirmative" action is doing more harm than good due to the understandable
backlash among some groups (young white males particularly) because of the
difficulty they have in finding jobs.

This difficulty is probably not due entirely to "affirmative" action, but it IS
a convenient scape goat. Then too, in certain areas (such as the police force)
it IS creating difficulty for young white males.

I could go on and on and on, (I know, I already have)but I have to get back to
work.

Jeff Breukelman.

Joe Lockhart

unread,

Jun 4, 1996, 3:00:00 AM6/4/96

to

Subject: Re: Are White males' equal? Think again
From: ah...@FreeNet.Carleton.CA (Bill Stuart)
Date: 1996/05/31
Message-Id: <4onu18$c...@freenet-news.carleton.ca>
Sender: ah...@freenet3.carleton.ca (Bill Stuart)
References: <1996May31.2...@wpg.ramp.net>
Organization: The National Capital FreeNet
Reply-To: ah...@FreeNet.Carleton.CA (Bill Stuart)
Newsgroups: can.politics

Joe Lockhart (ec...@wpg.ramp.net) writes:

Wpg Sun:

So if a company has the program, it can tell a qualified white male
candidate to get lost and that's OK.

Mr.Stuart:

"Actually, what it means is that the entrants are graded based on
the number of applicants. If 50 white men and 10 black men apply for
1 position, a black is five times as likely to get the position as a white
is. You can still get in, but you have to be really exceptional."

Wpg Sun:

"And he adds that while job qualifications come first, "special
consideration is given to certain factors." Just another way of telling
white males they'll continue to get the short end of the stick and they
can put up or shut up."

Mr.Stuart:

"Actually, White males can now file sexism suits if they are
trounced out of employment opportunities as cashiers, etc. It's working
in our benifit too."

Wpg Sun:

"There should be no "special consideration." No "certain factors." And
judging by their Animal Farm mentality, maybe there should be no
more human rights commissions either."

Mr.Stuart:

"Mr "Lets kill us some jews" is lecturing us on human rights. Please.

ECDL:
Mr. Stuart, could you please quote where I have said "Lets kill us
some jews," If you can I suggest you forward it to the police, as
making such a statement would be against the law. If you cannot,
(which is the case) I would suggest you apologize for lying about what
I stand for. Or are you typically just another liar?
The ECDL is vehemently anti-violent. As violence is the tool of the
enemy. For us, knowledge is power.

The Euro-Christian Defence League
P.O. Box 345 Winnipeg, Manitoba, Canada, R3C 2H6
24 Hr Hotline (204) 775-0878

Visit our Web Site at:
http://www.pathcom.com/~freedom/ecdl/homepage.html

Or visit the Freedom Site at:
http://www.pathcom.com/~freedom/

Mr.Stuart:

"I find it ironic that you are anti-immigrant with the above
address."
"Europe is on a different continent. You are an immigrant."

ECDL:
My address is in Winnipeg, Winnipeg is in Canada, not in Europe.
The "Euro" means people of European descent. (IE White people)
But you knew that didn't you Mr.Stuart.

Robin Krasichynski

unread,

Jun 4, 1996, 3:00:00 AM6/4/96

to

Equal to what?

Brian Graham

unread,

Jun 5, 1996, 3:00:00 AM6/5/96

to

In article <DsGLw4.FIK...@torfree.net>, bw...@torfree.net (Bob Levitt) says:

>Employment equity is about bringing affirmative action programs in the
>hiring, training, promotion and retention of the "designated groups"
>to meet quotas

My point exactly. Legislated discrimination. If the current numbers
don't reflect the target quota, then the white male has exactly ZERO
PERCENT chance of getting the job.

It's called REVERSE DISCRIMINATION.
It would seem that two wrongs DO make a right.

--
Brian

Brian Graham

unread,

Jun 5, 1996, 3:00:00 AM6/5/96

to

In article <1996Jun4.2...@wpg.ramp.net>, Joe Lockhart <ec...@wpg.ramp.net> says:
>
>Subject: Re: Are White males' equal? Think again
>From: ah...@FreeNet.Carleton.CA (Bill Stuart)
>Date: 1996/05/31
>Message-Id: <4onu18$c...@freenet-news.carleton.ca>
>Sender: ah...@freenet3.carleton.ca (Bill Stuart)
>References: <1996May31.2...@wpg.ramp.net>
>Organization: The National Capital FreeNet
>Reply-To: ah...@FreeNet.Carleton.CA (Bill Stuart)
>Newsgroups: can.politics
>
>Joe Lockhart (ec...@wpg.ramp.net) writes:
>
>Wpg Sun:
>So if a company has the program, it can tell a qualified white male
>candidate to get lost and that's OK.
>

CORRECT.

>Mr.Stuart:
>"Actually, what it means is that the entrants are graded based on
>the number of applicants. If 50 white men and 10 black men apply for
>1 position, a black is five times as likely to get the position as a white
>is. You can still get in, but you have to be really exceptional."
>

Unless all quotas are currently met, the white male has a ZERO percent
chance of getting the job!

>
>Wpg Sun:
>"And he adds that while job qualifications come first, "special
>consideration is given to certain factors." Just another way of telling
>white males they'll continue to get the short end of the stick and they
>can put up or shut up."

YES. SPECIAL MEASURES are implemented on behalf of the minority to
make them equal with the white male.

>Mr.Stuart:
>"Actually, White males can now file sexism suits if they are
>trounced out of employment opportunities as cashiers, etc. It's working
>in our benifit too."

I hope you want to be a cashier all your life, Bill. Enjoy!

>Wpg Sun:
>"There should be no "special consideration." No "certain factors." And
> judging by their Animal Farm mentality, maybe there should be no
>more human rights commissions either."

EE is nothing more than LEGISLATED DISCRIMINATION.

>Mr.Stuart:
>"Mr "Lets kill us some jews" is lecturing us on human rights. Please.

When all else fails, invoke "poutine" or whatever...

Brian Graham

unread,

Jun 5, 1996, 3:00:00 AM6/5/96

to

In article <4p49nh$l...@news3.cts.com>, pkol...@cts.com (Peter Kolding) says:
>
>ah...@FreeNet.Carleton.CA (Bill Stuart) wrote:
>
>
If 50 exceptionally qualified
>white men apply for a job and one minimumly qualified minority
>applies, and an AA program is in effect, the minority gets the job.
>

That is EXACTLY how Employment Equity is legislated. This law applies
to all companies employing over (I believe) 20 persons.

The small business still gets to hire based on QUALIFICATIONS
(OH MY!!!!)

--
Brian

Brian Graham

unread,

Jun 5, 1996, 3:00:00 AM6/5/96

to

In article <4p2iki$h...@kryten.awinc.com>, rkra...@access.awinc.com (Robin Krasichynski) says:
>
>Equal to what?
>

Anyone who isn't. The answer is no.

Brian Graham

unread,

Jun 5, 1996, 3:00:00 AM6/5/96

to

In article <4ovp5l$5...@freenet-news.carleton.ca>, ah...@FreeNet.Carleton.CA (Bill Stuart) says:
>
>
>Brian Graham (Gra...@psac.com) writes:
>>
>> No. It means that a minority gets the job.
>
> It means the chance of a minority getting a job depends on how
>many minorities you can get applying for that position. If it's over the
>percentage of that minority group in a given area, then the chances are
>equal.
>

You really don't understand the magnitude of the situation, Bill.
If you have ANY minorities applying for a particular job, then
a white male WILL NOT GET THE JOB!!

This assumes only that at least 1 minority has the MINIMUN
skill level required.
--
Brian

Peter Kolding

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Jun 5, 1996, 3:00:00 AM6/5/96

to

bw...@torfree.net (Bob Levitt) wrote:

>Bill Stuart (ah...@FreeNet.Carleton.CA) wrote:

>: Brian Graham (Gra...@psac.com) writes:
>: >
>: > No. It means that a minority gets the job.

>: It means the chance of a minority getting a job depends on how
>: many minorities you can get applying for that position. If it's over the
>: percentage of that minority group in a given area, then the chances are
>: equal.

>: --

>: Acceptable amounts in Canadian drinking water: Cyanide: 0.2 mg/l Uranium:
>: 0.1 mg/l Mercury: 0.001 mg/l Dioxin: 15 pg/l

>Employment equity is about bringing affirmative action programs in the

>hiring, training, promotion and retention of the "designated groups"

>to meet quotas ("numerical targets") so that their proportions in all
>levels and areas of the covered companies or government ministries,
>departments, directorates, etc., of these "designated groups" at least
>match their proportions in the population. If the non-designated groups
>are under-represented, that is not against Employment Equity regulations.

Not only that. It is against the law to have an affirmative action
program for people who are not members of a legally-designated group,
as such a program would discriminate against those who are members of
one of those groups. This is why white female dominated public
employment areas, such as teaching and nursing, have remained that way
after decades of AA, even though AA is purportedly dedicated to
"equality" and "representation based on the make-up of the
population". It also should give people an injsight as to why both
these groups have no problem with the concept of EE, and actively
support it. It's not as if it will ever apply to them.

Peter Kolding

unread,

Jun 5, 1996, 3:00:00 AM6/5/96

to

ah...@FreeNet.Carleton.CA (Bill Stuart) wrote:

>Brian Graham (Gra...@psac.com) writes:
>>
>> No. It means that a minority gets the job.

> It means the chance of a minority getting a job depends on how
>many minorities you can get applying for that position. If it's over the
>percentage of that minority group in a given area, then the chances are
>equal.

I don't know what law you are referring to when you make these
observations, but it isn't Canadian in origin. AA in Canada has no
regard whatever for the number of minorities that apply for jobs, but
rather their proportion in the general popualtion. AA laws have no
regard for the percentage of applicants that are minorities, but
rather the proportion that are already employed, and their position
within the company doing the hiring. If 50 exceptionally qualified

Peter Kolding

unread,

Jun 5, 1996, 3:00:00 AM6/5/96

to

ah...@FreeNet.Carleton.CA (Bill Stuart) wrote:

>Brian Graham (Gra...@psac.com) writes:
>> The manner in which EQUAL RIGHTS is being implemented is sickening.
>> The theory is to prevent discrimination. IN FACT IT LEGISLATES IT.
>>
>> Two candidates write an exam for a job to indicate knowledge/skill
>> level. Pass mark is 50%. Let's say, for example, that a white male
>> scored 95%. Lets say the minority (pick any, including female) scores
>> a whopping 50%. Guess who gets the job. THE MINORITY!! WHY??

> This is somewhat innacurate.

> Here's how it works.

> Lets say we have 100 people, 95 of them are white males and five
>are black males. They can hire ten people. Because the demographics of
>that area show that ten percent of the population is black, one of the
>five has to get a position.

> If 95 black males and 5 white males applied, all the white males
>would get jobs.

Why do you keep on spouting this blatant misinformation? AA cannot be
applied in favour of white males, nor against blacks, by law.
Non-disabled white males are not members of a designated disadvantaged
group, and thus hiring them on the basis of their race and sex is
discrimination on the basis of race and sex. Furthermore, since blacks
are members of a legally-designated disadvantaged group, no AA program
can be adopted that impairs their opportunities for employment. If 10
positions are open and there are 100 applicants---95 white men and 5
black----there is no certainly at all that any whites will be hired,
no matter what their qualifications. On the other hand, if all the
blacks meet at least the minimum standard, all of them will be hired.
The standard is not the proportion of black applicants, but the
proportion of blacks in the population and employed by the company.
The proportion of whites in the population and in the company is
IRRELEVANT. Even if the company hadn't a single white man in its
employ, blacks would be hired under AA if their group proportions
demanded it.

Brian Graham

unread,

Jun 5, 1996, 3:00:00 AM6/5/96

to

In article <4p49o8$l...@news3.cts.com>, pkol...@cts.com (Peter Kolding) says:

>Non-disabled white males are not members of a designated disadvantaged
>group, and thus hiring them on the basis of their race and sex is
>discrimination on the basis of race and sex.

EXACTLY CORRECT. Yet this is the law.

Furthermore, since blacks
>are members of a legally-designated disadvantaged group, no AA program
>can be adopted that impairs their opportunities for employment.

No, special measures are taken to guarantee their employment.

--
Brian

John

unread,

Jun 5, 1996, 3:00:00 AM6/5/96

to

Gra...@psac.com (Brian Graham) wrote:

>In article <4p49nh$l...@news3.cts.com>, pkol...@cts.com (Peter Kolding) says:

>>
>>ah...@FreeNet.Carleton.CA (Bill Stuart) wrote:
>>
>>
> If 50 exceptionally qualified
>>white men apply for a job and one minimumly qualified minority
>>applies, and an AA program is in effect, the minority gets the job.
>>

Bull

>That is EXACTLY how Employment Equity is legislated. This law applies
>to all companies employing over (I believe) 20 persons.

So what you are saying is that all minorities that get hired
it is only because of AA, that they got the job.

>The small business still gets to hire based on QUALIFICATIONS
>(OH MY!!!!)

Lets see, qualifications, first you must be a white male,
secondly, can be trained..

John

an62...@anon.penet.fi

unread,

Jun 6, 1996, 3:00:00 AM6/6/96

to

WHAT'S IN IT FOR WHITE MEN?

from the Winter 1995 edition of
EE PROS - A free newsletter from your Employment Equity
Professionals

by Jane Garthson a member of the Board and Executive
of the Toronto Employment Equity Practitioners'
Association (TEEPA)

Many white men believe they have never personally benefited from
discrimination practised against members of others groups. Yet
they are now hearing that they must stand back to help other groups
advance. No wonder they are angry!

Let's separate emotion from the facts. Employment Equity (EE)
principles boil down to two basic concepts which must be considered
together and in order:

- The first is that everyone is entitled to equal treatment,
including employment practices free of barriers. That includes
white able-bodied men, and is consistent with the Ontario Human
Rights Code and the Charter of Rights and Freedoms.

- Secondly, employers whose workforces do not match the community
must make efforts to address that imbalance, including
implementing POSITIVE measures and setting goals bases on
expected turnover and availability of qualified applicants.

Positve measures are normally temporary and are designed to help
members of designated groups compete on a level playing field.
Decisions should always be based on merit and qualifications,
anything else would violate the principles of equal treatment.

If two people seem equal after interviews and referene checks,
employers are now encouraged to choose the designated group member.
A decision must be made, and in the past the choice was usually
described as a "best fit" with the boss and the existing work force.
In many, if not most cases, this meant the white, able-bodied male
got the job. The other aspect is discriminatory barriers continue
to exist in our schools and other institutions. A designated group
member likely has to work much harder to come out equal in a
recruitment situation. The decision won't always be fair, but it
will be fair more often than in the past.

Every employer must also initiate supportive measures, defined as
benefitting the employer's workforce as a whole. Actions such as
flexible work hours, access to leaves, or part-time arrangements for
parental or education purposes benefit men as much as women.

Unfortuantely, the Ontario law did not explicitly state that
Employment equity does not mean the promotion or hiring of
unqualified individuals. Ontario's Employment Equity Commission
is taking pains to emphasize these points during speaking
engagements and training sessions. This is seldom reported by the
media, which more often raises unsubstantiated, and even false fears
of reverse discrimination. That term, or course, acknowledges that
discrimination has been endemic; about 30% of the workforce
(able-bodied white men) has been benefiting at the expense of 70%.

Another consideration of equity is that human resource decisions
are to be made on bona fide job requirements. Don't you know a
white, able-bodied male who didn't get promoted because of his
outside interests, or family background didn't fit with the
dominant group in his workplace? Should beig on the bowling team
be a qualification for management? Individualists will appreciate
an increased focus on job-related qualifications.

The anger that some white, able-bodied men feel is real and
justified, given the mistruths spread by the media and some
politicians, coupled with the mistakes some employers are making
in their application of employment equity. So, it's important
for these men to get directly involved with promoting employment
equity in their workplaces ensuring that it is implemented fairly,
so everyone benefits.

Jane Garthson specializing in employee consultations, barrier
identification and qualitative measures. Tel: 416-512-6765

Toronto Employment Equity Practitioners' Assoc. (416) 866-8922

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