Employment Equity Act (Canada)

Employment Equity Act (Canada)
Name	Employment Equity Act (Canada)
Enacted	1986
Jurisdiction	Canada
Status	in force

Contents

Employment Equity Act (Canada). The Employment Equity Act (Canada) is federal legislation enacted to promote workplace equality and redress historical disadvantages among specified groups in federally regulated sectors. The Act operates alongside instruments such as the Canadian Human Rights Act, interacts with institutions like the Canadian Labour Congress and the Business Council of Canada, and has been subject to review by commissions such as the Royal Commission on the Economic Union and Development Prospects for Canada.

Background and Purpose

Originally introduced in 1986, the Act followed policy debates involving figures and bodies including Pierre Trudeau, the Progressive Conservative Party of Canada, the New Democratic Party, and the Canadian Charter of Rights and Freedoms. Influences included reports from the Royal Commission on Aboriginal Peoples, recommendations from the Canadian Human Rights Commission, and comparative models such as the Affirmative action in the United States framework. The stated purpose was to achieve equality in employment through proactive measures in federally regulated workplaces such as those overseen by Canada Post, Air Canada, and the Royal Canadian Mounted Police.

The Act applies to federally regulated employers including entities like the Bank of Canada, the Canadian Pacific Railway, and federal departments such as Employment and Social Development Canada. Definitions within the Act identify designated groups analogous to categories discussed by the Ontario Human Rights Commission, the Canadian Bar Association, and academics from institutions like the University of Toronto and the University of British Columbia. Key legal concepts intersect with jurisprudence from the Supreme Court of Canada and decisions influenced by cases involving lawyers from firms such as Borden Ladner Gervais.

Employers subject to the Act must prepare and file employment equity plans administered by agencies including the Canadian Human Rights Commission and monitored by the Labour Program (Canada). Obligations mirror reporting practices used by corporations like Scotiabank and Crown corporations such as Canada Mortgage and Housing Corporation, and are enforced through mechanisms comparable to those in disputes handled before the Federal Court of Canada and tribunals like the Canadian Human Rights Tribunal.

The Act identifies designated groups that correspond to populations addressed by organizations including the Assembly of First Nations, the Métis National Council, and the Native Women's Association of Canada, as well as communities represented by groups like the Chinese Canadian National Council and the Canadian Centre for Women in Science, Engineering, Trades and Technology. Implementation requires consultation with stakeholders such as the Canadian Labour Congress, employers including Hudson's Bay Company, and advocacy groups like the Canadian Association of Labour Lawyers.

Compliance mechanisms involve reporting frameworks similar to those used by agencies such as the Canada Revenue Agency and oversight comparable to processes at the Office of the Auditor General of Canada. Enforcement actions have been pursued through forums including the Federal Court of Appeal and administrative reviews influenced by precedents from cases involving entities like Bell Canada and Air Transat. Reporting obligations interact with public procurement rules related to departments such as the Department of National Defence and agencies such as Public Services and Procurement Canada.

The Act has prompted critiques from commentators associated with think tanks such as the Fraser Institute and policy advocates like the Canadian Centre for Policy Alternatives, while legal challenges have referenced jurisprudence from the Supreme Court of Canada and interveners including the Canadian Civil Liberties Association. Reforms have been proposed in parliamentary committees including the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities and debated across party lines among members of the Liberal Party of Canada, the Conservative Party of Canada, and the Bloc Québécois.

Category:Canadian labour law Category:Human rights in Canada Category:Canadian federal legislation