Subject: Affirmative Action in Ontario

From: [email-masked] (Bob Levitt)
Date: 7 Mar 1995 20:57:20 -0500

BILL 79

          (Chapter 35 Statutes of Ontario, 1993)

An Act to provide for Employment Equity for Aborininal People,
People with Disabilities, Members of Racial Minorities and Women

                    The Hon. E. Ziemba
                    Minister of Citizenship

3rd Session, 35th Legislature, Ontario, 42 Elizabeth II, 1993

1st Reading    June 25, 1992
2nd Reading    July 19, 1993
3rd Reading    December 9, 1993
Royal Assent   December 14, 1993

Printed by the Legislative Assembly of Ontario

          Contents

     Part I - Employment Equity

1.  Entitlement
2.  Employment equity principles

     Part II - General

     Interpretation

3.  Definitions
4.  Designated groups
5.  Legitimate requirements, handicaps, special employment
6.  Plan to prevail

     Application

7.  Application of Parts III, IV and VI
8.  Crown bound

     Part III - Obligations

     Obligations

9.  Implementation and maintenance of employment equity
10. Collection of workforce information
11. Review of employment policies
12. Employment equity plan
13. Standard re contents of plan
14. Implementation of plan
15. Review and revision of plan
16. Joint responsibilities, employer and bargaining agent
17. Consultation with unrepresented employees
18. Duty to post information
19. Employment equity records
20. Reports to the Commission

     Application to the Commission

21. Access to Information

     Exemptions

22. Regulations re Aboriginal workplaces

     Implementation

23. Time to comply, existing employees
24. If exemption ceases to apply, broader public sector

     Part IV - Enforcement

     Audit and Enforcement by the Commission

25. Commission audit
26. Settlement with Commission
27. Commission order to comply

     Applications to the Tribunal

28. Application by Commission
29. Application for failure to implement plan or settlement
30. Applications re joint responsibilities
31. Application by employee re joint responsibilities
32. Application re employers
33. Application re intimidation, etc.
34. Notice to Commission
35. Mediation
36. Parties
37. Power to made orders
38. Exclusive jurisdiction

     Offences

39. Confidentiality of information
40. Obstruction
41. Providing false information
42. Intimidation
43. Offences and penalty
44. Consent to prosecution

     Part V - Administration

     Employment Equity Commission

45. Commission established
46. Functions of the Commission
47. Policy directives
48. Commission rules
49. Annual report
50. Advisory councils

     Employment Equity Tribunal

51. Tribunal established
52. Panels of the Tribunal
53. Tribunal rules

     Part VI - Miscellaneous and Regulations

54. Employment equity; government contracts
55. Regulations

     Part VII - Consequential Amendments, Review, Commencement
                and Short Title

56. Amendments to Human Rights Code
57. Review of the Act
58. Commencement
59. Short title

Addendum added by the typist of this electronic version
Regulations as published in The Ontario Gazette - O. Reg. 386/94

Aboriginal Workplaces

Construction Industry

Agricultural Industry

Definitions

General
- Non-application                           Sections 1
- Interpretation                            Sections 2-5
- Workforce Survey                          Sections 6-13
- Review of Policies and Practices          Sections 14,15
- Employment Equity Plans                   Sections 16-21
- Rview and Revision of a Plan              Sections 22,23
- Certificates                              Section  24
- Joint Responsibilities of Employers
  and Bargaining Agents                     Sections 25-30
- Consultation with Unrepresented Employees Sections 31-33
- Information for Employees                 Sections 34-36
- Employment Equity Records                 Sections 37,38
- Employment Equity Reports                 Sections 39-41
- Commencement                              Section  42
- Workforce Survey Questionnaire            Schedule 1

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Preamble        The people of Ontario recognize that Aboriginal people,
                people with disabilities, members of racial minorities and
                women experience higher rates of unemployment than other
                people in Ontario.  The people of Ontario also recognize that
                people in these groups experience more discrimination than
                other people in finding employment, in retaining employment
                and in being promoted.  As a result, they are underrepresented 
                in most areas of employment, especially in senior and
                management positions, and they are overrepresented in those
                areas of employment that provide low pay and little chance for
                advancement.  The burden imposed on th people in these groups
                and on the communities in which they live is unacceptable.

                The people of Ontario recognize that this lack of employment
                equity exists in both the public and private sectors of
                Ontario.  It is caused in part by systemic and intentional
                discrimination in employment.  People of merit are too often
                overlooked or denied opportunities because of this
                discrimination.  The people of Ontario recognize that when
                objective standards govern remployment opportunities, Ontario
                will have a workforce that is tryly representative of its
                society.

                The people of Ontario have recognized in the Human Rights Code
                the inherent dignity and equal and inalienable rights of all 
                members of the human family and have recognized those rights
                in respect of employment in such statutes as the Employment
                Standards Act and the Pay Equity Act.  This Act extends the
                principles of those Acts and has as its object the
                amelioration of conditions in employment for Aboriginal                        people, peole with disabilities, members of racial minorities
                and women in all workplaces in Ontario and the provision of
                the opportunity for people to these groups to fulfil their
                potential in employment.

                The people of Ontario recognize that eliminating
                discrimination in employment and increasing the opportunity of 
                individuals to contribute in the workplace will benefit all
                people in Ontario.

                Therefore, Her Majesty, by and with the advice and consent of
                the Legislative Assembly of the Province of Ontario, enacts as
                follows.

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                              Part I

                        Employment Equity

Entitlement     1.-(1) All people are entitled to equal treatment in
                employment in accordance with the Human Rights Code.

Aboriginal      (2) Aboriginal people are entitled to be considered for
people          employment, hired, retained, treated and promoted in
                accordance with employment equity principles.

People with     (3) Peole with disabilities, members of racial minorities and
disabilities,   women are entitled to be considered for employment, hired,
racial          retained, treated and promoted in accordance with
minorities      employment equity principles.
and women

Employment      2. The following principles of employment equity apply
equity          throughout Ontario:
principles
                     1. Every Aboriginal person, every person with a
                        disability, every member of a racial minority and
                        every woman is entitled to be considered for
                        employment, hired, retained, treated and
                        promoted free of barriers, including systemic and
                        deliberate practices and policies, that discriminate
                        against them as an Aboriginal person, as a person
                        with a disability, as a member of a racial minority
                        or as a woman.

                     2. Every employer's workforce, in all occupational
                        categories and at all levels or employment, shall
                        reflect the representation of Aboriginal people,
                        people with disabilities, members of racial
                        minorities and women in the community.

                     3. Every employer shall ensure that its employment
                        policies and practices, including its policies and
                        practices, including its policies and practices with
                        respect to recruitment, hiring, retention,
                        treatment and promotion, are free of barriers, both
                        systemic and deliberate, that discriminate against
                        Aboriginals people, people with disabilities,
                        membres of racial minorities and women.

                     4. Every employer shall implement positive measures with
                        respect to the recruitment, hiring, retention,
                        treatment and promotion of Aboriginal people, people
                        with disabilities, members of racial minorities and
                        women.

                     5. Every employer shall implement supportive measures
                        with respect to the recruitment, hiring, retention,
                        treatment and promotion of Aboriginal people, people
                        with disabilities, members of racial minorities and
                        women which also benefit the employer's workforce as
                        a whole.

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                                   PART II
                                   General

                               Interpretation

Definitions     3.-(1) In this Act,

                "bargaining agent" means a trade union or other organization
                that, under any Act, has bargaining rights in respect of any
                unit of employees; ("agent n‚gociateur")

                "broader public sector" means the employers named in the
                Schedule to the Pay Equity Act and such other employers as
                may be named or described in the regulations but does not
                include the Ontario Public Service or such employers as
                may be named or described in the regulations; 
                (secteur parapublic")

                "collective agreement" means an agreement in writing between
                an employer and a bargaining agent covering terms and
                conditions of employment; ("convention collective")

                "effective date" means the date on which section 12
                (employment equity plan) comes into force;
                ("date d'entr‚e en vigueur")

                "employee" means a permanent employee, a seasonal
                employee and a term employee, and within those categories,
                includes an individual who is primarily working for an
                employer on a commission basis, a dependent contractor and
                such others as are designated in teh regulations; ("employ‚")

                "employer" includes any entity, whether or not incorporated,
                that employs one or more employees, a trustee, a receiver
                and a person who regularly engages the services of others on
                such other basis as may be prescribed by the regulations;
                ("employeur")

                "person" includes any entity, whether or not incorporated;
                ("personne")

                "private sector employer" means an employer other than the
                Crown in right of Ontario or an employer in the broader
                private sector; ("employeur du secteur priv‚")

                "regulations" means the regulations made under this Act;
                ("rŠglements")

                "seasonal employee" means an employee who is employed in a
                position that is filled for a specific period of time on a
                regular basis each year; ("employ‚ saisonnier")

                "term employee" means an employee, other than a permanent
                employee or a seasonal employee, who has been or is expected
                to be employed by the employer for three consecutive months
                or more.  ("employ‚ embauch‚ pur une p‚riode d‚termin‚e")

Ontario Public  (2) For the purposes of this Act, the Crown in right of
Service         Ontario is considered to be the employer of the Ontario
                Public Service which, for the purposes of this Act, consists
                of the people employed in the ministries of the Crown and in
                those agencies, boards and commissions of the Crown which
                employ public servants appointed under the Public Service Act.

Exception,      (3) All other agencies, boards and commission of the Crown
other Crown     are deemed to be separate employers and the people working
agencies        for them are deemed to be thier employees for the purposes
                of this Act.

Deemed          (4) Subject to subsection (3), two or more employers are
employers       deemed to constitute a single employer for the purposes of
                this Act if,

                   (a) the employers are declared by the Employment Equity
                       Tribunal under section 32 to constitute a single
                       employer; or

                   (b) the employers are declared by the Ontario Labour
                       Relations Board under subsection 1 (4) of the
                       Labour Relations Act to constitute a single employer
                       for the purposes of that Act, regardless of whether
                       the Board's declaration was made in respect of all or
                       part of the employers' workforces.

Existing        (5) For the purposes of Parts III and IV, the number of
employers,      employees that an employer has on the effective date is
number of       deemed to be the greater of,
employees

                   (a) the actual number of employees that the employer has
                       on that date; and

                   (b) the greatest number of employees that the employer had
                       at any time during the twelve-month period ending on
                       that date.

Designated      4. Aboriginal people, people with disablities, members of
groups          racial vinorities and women constitute teh designated groups
                for the purposes of this Act.

Legitimate      5. It is not a breach of this Act to give preference in
requirements,   hiring or to deny employment to someone if the preference or
handicaps,      denial is one that is permitted under the Human Rights Code
special         by section 11 (constructive discrimination), section 17
employment      (handicap) or clause 24 (1) (a) or (b) (special employment).

Plan to         6. An employment equity plan that is prepared, established or
prevail         amended under this Act prevails over all relevant collective
                agreements in the event of any inconsistency and to the
                extent of that inconsistency.

                               APPLICATION

Application     7.-(1) Except as provided in this section, Parts III, IV and
of Parts III,   VI apply with respect to every employer in Ontario, including
IV and VI       the Crown in right of Ontario.

Exception,      (2) Parts III, IV and VI do not apply with respect to an
small employers employer in the broader public sector that has fewer than ten
(broader        employees unless, at any time after the effective date, the
public sector)  employer has ten employees or more.

Exception,      (3) Parts III, IV and VI do not apply with respect to a
small employers private sector employer that has fewer than fifty employees,
(private        unless, at any time after the effective date, the employer
sector)         has fifty employees or more.

Exception       (4) Parts III, IV and VI do not apply with respect to the
police forces   Ontario Provincial Police or any other police force to which
                section 48 of the Police Services Act applies.

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                               PART III
                             OBLIGATIONS

                             Obligations

Implementation  9.-(1) Every employer shall implement and maintain employment
and             equity by recruiting, hiring, retaining, treating and
maintenance     promoting employees according to employment equity principles
of employment   and in accordance with the employment equity plan that applies
equity          in respect of those employees.

Role of         (2) Every employer shall ensure that the employer's staff who
supervisors,    have responsibility for recruiting, hiring, supervising,
etc.            evaluating or promoting employees are aware of, and observe,
                the requirements of this Act, the regulations and the
                employment equity plan that applies in respect of those
                employees.

Same            (3) Every member of staff who has responsibility for
                recruiting, hiring, supervising, evaluating or promoting
                employees shall work in accordance with this Act, the
                regulations and the employment equity plan that applies in
                respect of those employees.

Collection      10.-(1) Every employer shall, in accordance with the
of workforce    regulations, conduct employment equity workforce surveys and
information     collect other information to determine the extent to which
                members of the designated groups are employed in the
                employer's workforce.

Voluntary       (2) An employee has the right to decide whether to answer
giving of       questions asked by an employer under subsection (1).
information

Review of       11.-(1) Every employer shall review the employer's
employment      employment policies and practices in accordance with the
policies        regulations.

Purpose         (2) The purpose of the review is to identify and enable the
of review       employer to remove barriers to the recruitment, hiring,
                retention, treatment and promotion of members of the
                designated groups, including terms and conditions of
                employment and adversely affect members of the designated
                groups.

Seniority       (3) For the purpose of this Act, employee seniority rights
rights          with respect to a layoff or recall to employment after a
                layoff that are acquired through a collective agreement or an
                established practice of an employer are deemed not to be
                barriers to the recruitment, hiring, retention, treatment or
                promotion of members of the designated groups.

Same            (4) For the purpose of this Act, employee seniority rights,
                other that those referred to in subsection (3), that are
                acquired through a collect agreement or an established
                practice of an employer are deemed not to be barriers to the
                recruitment, hiring, retention, treatment or promotion of
                members of the designated groups unless a board of inquiry
                under the Human Rights Code finds that the seniority rights
                discriminate against members of a designated groups in a
                manner that is contrary to the Human Rights Code

Employment      12.-(1) Every employer shall prepare an employment equity
equity plan     equity plan in accordance with the regulations.
                It must provide for,

                   (a) the elimination of barriers identified under 
                       section 11;

                   (b) the implementation of positive measures with respect
                       to the recruitment, hiring, retention, treatment and
                       promotion of members of the designated groups;

                   (c) the implementation of supportive measures with
                       respect to the recruitment, hiring, retention,
                       treatment and promotion of members of the designated
                       groups which also benefit the employer's workforce as
                       a whole;

                   (d) the implementation of measures to accommodate members
                       of the designated groups in the employer's workforce;

                   (e) specific goals and timetables for the matters referred
                       to in clauses (a) to (d);

                   (f) specific goals and timetables with respect to the
                       composition of the employer's workforce; and

                   (g) such other matters as may be prescribed by the
                       regulations.

More than       (2) An employer may prepare more than one plan, in
one plan        accordance with the regulations, for the purpose of meeting
                the employer's obligations under subsection (1), so long as
                each plan meets the requirements set out in subsection (1),
                and so long as, together, the plans cover all of the
                employer's employees and all of the employer's workplaces.

Plan            (3) After preparing a plan, the employer shall prepare a
Certificate     certificate respecting the plan in accordance with the
                regulations.

Additional      (4) The certificate of every employer other than an employer
requirements    in the broader public sector that has fewer fifty employees
                and a private sector employer that has fewer than 100
                employees shall, in accordance witht he regulations, include
                information with respect to the provisions of the plan for
                the elimination of barriers and for the implementation of
                positive measures, supportive measures and measures to
                accommodate members of the designated groups.

Filing of       (5) The employer shall file the certificate with the
certificate     Employment Equity Commission in a form approved by the
                Commission and in accordance with the regulations.

Copy of Plan    (6) The Commission may require the employer to file a copy
                of the plan.

Filing of       (7) Despite subsection (6), after preparing a plan, the
copy of plan    Crown in right of Ontario shall file a copy of the plan with
                the Commission.

Standard re     13. Every employer shall ensure that the matter referred to
contents of     in subsection 12(1) that are contained in an employment
                equity plan would, if implemented, constitute reasonable
                progress toward achieving compliance with the principles of
                employment equity that are set out in section 2.

Implementation  14. Every employer ahall make all reasonable efforts to
of plan         implement each of the employer's employment equity plans
                and to achieve the goals set out in each plan in
                accordance with the timetables set out in the plan.

Review and      15.-(1) Every employer shall review and revise each of the
revision        employer's employment equity plans in accordance with the
of plan         regulations.

Plan           (2) After revising a plan, the employer shall prepare a
certificate    certificate respecting the revised plan in accordance with
               the regulations..

Additional     (3) The certificate of every employer other than an employer
requirements   in the broader public sector that has fewer than fifty
               employees and a private sector employer that has fewer than
               100 employees shall, in accordance with the regulations,
               include,

                  (a) information with respect to the efforts made to
                      implement the previous plan and the results achieved;
                      and

                  (b) information with respect to the provisons of the
                      of the revised plan for the elimination of barriers
                      and for the implementation of positive measures,
                      supportative measures and measures to accommodate
                      members of the designated groups.

Filing of       (4) The employer shall file the certificate with the
certificate     Employment Equity Commission in a form approved by the
                Commission and in accordance with the regulations.

Copy of Plan    (5) The Commission may require the employer to file a copy
                of the revised plan.

Filing of       (6) Despite subsection (5), after revising a plan, the Crown
copy of Plan    in right of Ontario shall file a copy of the revised plan
                with the Commission.

Joint respon-   16.-(1) This section applies if any of an employer's
sibilities,     employees are represented by a bargaining agent.
employer and
bargaining
agent

same            (2) The employer and the bargaining agent shall jointly
                carry out the responsibilities described in sections 10, 11,
                12, 13 and 15 in respect of the part of the employer's
                workforce in which employees are represented by the
                bargaining agent.

More than one   (3) If the employees of the employer are represented by more
bargaining      than one bargaining agent, the employer and the bargaining
agent           agents shall establish a committee to coordingate the
                carrying out of their joint responsibilities.

Composition     (4) The committee shall be composed of representatives of the
of committee    bargaining agents and up to an equal number of representatives
                of the employer, in accordance with the regulations.

Good faith,     (5) The joint responsibilities shall be carried out in good
etc.            faith, separately from the normal collective bargaining
                process and in the manner prescribed by the regulations.

Right to        (6) The employer shall provide the bargaining agent will all
information     information in the employer's possession or control in
                respect of the part of the employer's workforce in which
                employees are represented by the bargaining agent that is
                necessary for the bargaining agent to participate effectively
                in carrying out their joint responsibilities, including the
                information prescribed by the regulations.

Exception       (7) Subsection (6) does not require the employer to provide
                the bargaining agent with information of a scientific,
                technical, commercial, financial, person or other nature if,

                   (a) the disclosure of the information could reasonably be
                       expected to prejudice the employer's competitive
                       position; or

                   (b) the disclosure of the information meets the criteria
                       prescribed by the regulations.

Consultation    17. Every employer shall, in accordance with the regulations,
with            consult witht he employer's employees who are not
unrepresented   represented by a bargaining agent concerning the conduct
employees       of the employer's employment equity workforce survey, the
                review of the employer's employment policies and practices,
                and the development, implementation, review and revision of
                the employment equity plan that applies in respect of those
                employees.

Duty to post    18.-(1) Every employer shall post in each of the employer's
                workplaces,

                   (a) a copy of each certificate that the employer has
                       filed with the Employment Equity Commission in respect
                       of each employment equity plan that applies in respect
                       of the employees in the workplace; and

                   (b) such other information in respect of this Act and
                       employment equity as may be prescribed by the 
                       regulations.

Same            (2) The information described in clauses (1) (a) and (b)
                shall be posted in prominent places in the workplace that
                are accessible to all employees to whom the information
                applies.

Duty to make    (3) Every employer shall provide or make available to the
information     employer's employees information in respect of this Act and
available       employment equity, in accordance with the regulations.

Duty to make    (4) Every employer shall make available in each of the
copy of plan    employer's workplaces a copy of each plan that applies in
available       respect of the employees in the workplace.

Same            (5) A plan shall be made available in the workplace in such
                a manner that it is accessible to all employees to whom it
                applies.

Employment      19.-(1) Every employr shall establish and maintain employment
                equity records in respect of the employer's workforce.

Self-           (2) The employer shall keep in the employer's records
identification  concerning employees' membership in designated groups only
                the information, if any, that is provided by each employee
                about himself or herself.

Reports to the  20. Every employer shall submit reports and other
                information to the Employment Equity Commission in
                accordance with the regulations concerning the composition
                of the employer's workforce and the development,
                implementaion, review and revision of the employer's
                employment equity plans.

                         APPLICATIONS TO THE COMMISSION

Access to       21. Any person may apply to the Employment Equity
information     Commission for access to a copy of any information provided
                to the Commission under this Act and in the possession of
                the Commission.

                                 EXEMPTIONS

Regulations     22.-(1) The Lieutenant Governor in Council may, by
in Aboriginal   regulation, vary the application of any of the provisions
workplaces      of this Part and the regulations as they apply to Aborininal
                workplaces.  The regulation may define what constitutes an
                Aboriginal workplace.

Broader public  (2) The Lieutenant Governor in Council may, by
sector          regulation,
employers
                   (a) exempt employers in the broader public sector that
                       have fewer than fifty employees from any provision
                       of this Part and the regulations;

                   (b) vary the application of any provision of this Part
                       and the regulations to impose less stringent
                       requirements on those employers.

Regulation      (3) A regulation made under subsection (2) ceases to apply
ceases to       to an employer who employs fifty or more employees at any
                time after the effective date.

Private sector  (4) The Lieutenant Governor in Council may, by regulation
employers
                   (a) exempt private sector employers that have fewer than
                       100 employees from any provision of this Part and the
                       regulations;

                   (b) vary the application of any provision of this Part and
                       the regulations to impose less stringent requirements
                       on those employers.

Regulations     (5) A regulation made under subsection (4) ceases to apply to
ceases to       an employer who employs 100 or more employees at any time
apply           after the effective date.

                             IMPLEMENTATION

Time to comply  23.-(1) An employer that has employees on the effective date
existing        shall comply with section 10 (collection of workforce
employers       information), 11 (review of employment policies) and 12
                (employment equity plan) within the perios that ends on the
                following day:

                   1.  For the Crown in right of Ontario, on the day that is
                       twelve months after th effective date.

                   2.  For an employer in the broader public sector with ten
                       or more employees on the effective date, on the day
                       that is eighteen months after the effective date.

                   3.  For a private sector employer with 500 or more
                       employees on the effective date, on the day that is
                       eighteen months after the effective date.

                   4.  For a private sector employer with 100 or more but
                       fewer than 500 employees on the effective dat, on the
                       day tha tis twenty-four nonths after the effective
                       date.

                   5.  For a private sector employer with fifty or more but
                       fewer than 100 employees on the effective date, on the
                       day that is thirty-six months after the effective
                       date.

New employers,  (2) If an employer in the broader public sector does not
broader public  exist or employs fewer than ten employees on the effective
sector          date but employs ten or more employees at any time after
                that, the employer shall comply with sections 10, 11 and 12
                within the period that ends on the later of the following
                days:

                   1.  The day that is twelve months after the employer first
                       employs ten employees.

                   2.  The day that is eighteen months after the effective
                       date.

New private     (3) If a private sector employer does not exist or employs
emloyers        fewer than fifty employees on the effective date but employs
                fifty or more employees at any time after that, the employer
                shall comply with sections 10, 11 and 12 within the period
                that ends on the later of the following days:

                   1.  The day that is twelve months after the employer
                       first employs fifty employees.

                   2.  The day that is thirty-six months after the effective
                       date.

If exemption    24.-(1) If an exemption under subsection 22 (2) ceases to
ceases to       apply to an employer in the broader public section, the
apply,          employer shall comply with sections 10, 11 and 12 within the
broader         period that ends on the later of the following days:
public sector   
                   1.  The day that is twelve months after the exemption
                       ceases to apply to the employer.

                   2.  The day that is eighteen months after the effective
                       date.

Same,           (2) If an exemption under subsection 22 (4) ceases to apply
private sector  to a private sector employer, the employer shall comply with
employer        sectons 10, 11 and 12 within the period that ends on the
                later of the following days:

                   1.  The day that is twelve months after the exemption
                       ceases to apply to the employer.

                   2.  The day that is twenty-four months after the effective
                       date.

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                                  PART IV
                                ENFORCEMENT

                             Audit and Enforcment
                               by the Commission

Commission      25.-(1) The Employment Equity Commission may conduct an audit
audit           of an employer to determine whether the employer is complying
                with Part III.

Audit powers    (2) In teh xourse of an audit, an employee of the Commission,

                   (a) may enter any place at any reasonable time;

                   (b) may request the production for inspections of
                       documents or things that may be relevant to the audit;

                   (c) upon giveing a receipt therefor, may remove from a
                       place documents or things produced under clause (b)
                       for the purpose of making copies or extracts and shall
                       promptly return them to the person who produced them;
                       and

                   (d) may question a person on matters that are or may be
                       relevant to the audit subject to the person's right to
                       have counsel or some other representative present
                       during the examination.

Identification  (3) When exercising a power of entry, the employee shall
                produce identification and evidence of his or her employment
                with the Commission if requested to do so by the owner or
                occupier.

Restriction     (4) The employee shall not enter a place that is being used
on power of     as a dwelling without the consent of the occupier except
entry;          under the authority of a warrant issued under subsection (6).
dwellings

Warrant for     (5) If a justice of the peace is satisfied on evidence upon
search          oath that there are in place documents or things that there
                is resonable ground to believe will afford evidence
                relevant to the carrying out of an audit, the justice of the
                peace may issue a warrant authorizing an employee of the
                Commission named in the warrant to search the place for any
                such documents or things and to remove them for the purposes
                of making copies or extracts and they shall be returned
                promptly to the place from which they were removed.

Warrant for     (6) If a justice of the peace is satisfied on evidence upon
entry           oath that there is reasonable ground to believe it is
                necessary that a place being used as a dwelling or to which
                entry has been denied be entered so that an employee of the
                Commission may carry out his or her duties under this Act,
                the justice of the peace may issue a warrant authorizing such
                entry by the employee named in the warrant.

Execution       (7) A warrant issued under this section,
and expiry
                   (a) shall specify the hours and days during which it may
                       be executed; and

                   (b) shall name a date on which it expires, which date
                       shall not be later than fifteen days after its issue.

Admissibility   (8) Copies of, or extracts from, documents and things removed
of copies       from premises in the course of an audit and certified as
                being true copies or, or extracts from, the originals by the
                person who made them are admissible in evidence to the same
                extent as, and have the same evidentiary value as, the
                documents or things of which they ar copies or extracts.

Settlement      26.-(1) If the Commission is of the opinion that an employer
with            may not be complying with Part III, the Commission may
Commission      endeavour to effect a settlement with the employer that will
                ensure compliance.

Written         (2) The Commission and the employer shal embody the terms of
agreement       any settlement in a written agreement.

Commission      27.-(1) The Commission may, without a hearing, order an
order to        employer to take the specified steps to achieve compliance
comply          with Part III if it considers that any of the following
                circumstances exist:

                   1.  The employer has not conducted a workforce survey or
                       collected other information in accordance with
                       section 10.

                   2.  The employer has not completed a review of the
                       employer's employment policies and practices in
                       accordance with section 11.

                   3.  An employment equity plan does not comply with
                       section 12 or 13.

                   4.  The employer has not filed a certificate or a copy
                       of an employment equity plan with the Commission in
                       accordance with section 12 or 15, as the case may be.

                   5.  The employer has not consulted, in accordance with
                       section 17, with the employer's employees who are not
                       represented by a bargaining agent.

                   6.  The employer has not posted information in a workplace
                       or made information or a copy of an employment equity
                       plan available in a workplace in accordance with
                       secton 18.

                   7.  The employer has not established or maintained
                       employment equity records in accordance with
                       section 19.

                   8.  The employer has not submitted a report or other
                       information to the Commission in accordance with
                       section 20.

Copy of order   (2) The Commission shall mail a copy of the order to the
                    employer.  The order is deemed to have been received
                    on the fifth day after the date of mailing.

Appeal to       (3) The employer may appeal the order to the Employment
Tribunal        Equity Tribunal within thirty-five days after the Commission
                mails it.

Powers of       (4) The Tribunal may, by order, rescind, vary or confirm the
Tribunal        order of the Commission.

Effect of       (5) If the employer does not appeal an order in accordance
appeal          with subsection (3), theorder is deemed to be an order of
                the Tribunal.

                             APPLICATIONS TO THE TRIBUNAL

Application     28.-(1) The Employment Equity Commission may apply to the
by Commission   Employment Equity Tribunal for a determination of whether
                an employer has complied with Part III.

Deemed          (2) In an application by the Commission, the employer is
non-compliance  deemed not to have complied with Part III if the employer
                has failed to take steps required by an employment equity
                plan or failed to achieve the goals set out in a plan in
                accordance with the timetables set out in the plan unless
                the employer proves that,

                   (a) the employer's employment equity plan complies with
                       Part III; and
 
                   (b) the employer made all reasonable effeorts to
                       implement the plan and to achieve the goals set out
                       in the plan in accordance witht he timetables set
                       out in the plan.

Application     29.-(1) Any person other than the Commission may apply to
for failure     the Tribunal on any of the following grounds:
to implement
plan or            1.  An employer has failed to take steps required by an
settlement             employment equity plan.

                   2.  An employer has failed to achieve the goals set out in
                       an employment equity plan in accordance with the
                       timetables set out in the plan.

                   3.  An employer has failed to implement a settlement
                       referred to in subsection 26 (2) or 35 (2).

Defence         (2) If the application alleges a failure to achieve the goals
                set out in an employment equity plan in accordance with the
                timetables in the plan, the Tribunal shall not make an order
                if the employer proves that,

                   (a) the employer's employment equity plan complies with
                       Part III; and

                   (b) the employer made all reasonable efforts to implement
                       the plan and to achieve the goals set out in the plan
                       in accordance with the timetables set out in the plan.

Application     30.-(1) The employer and the bargaining agent have not
re joint        resolved any matter that is their joint responsibility,
responsibities  either of them may apply tothe Tribunal at any time to
                determine the matter.

Mandatory       (2) The employer shall promptly apply to the Tribunal if the
application     employer and the bargaining agent have not carried out their
                joint responsibilities within the time required under
                Part III.

Entitlement     (3) Failure fo the employer to comply with subsection (2)
continues       does not prevent the bargaining agent from making an
                application under subsection (1)

Order           (4) The Tribunal may make any order it considers just in
                respect of the part of the employer's workforce in which
                employees are represented by the bargaining agent.

Application     31.-(1) An employee of an employer may apply to the Tribunal
by employee     on either of the following grounds:
re joint        
responsibilities   1.  The employer and a bargaining agent are not carrying
                       out their joint responsibilities in good faith.

                   2.  The employer has not applied to the Tribunal when
                       required to do so under subsection 30 (2).

Order           (2) The Tribuanl may mae any order it considers just,
                    including an order removing or modifying a term in an
                    employment equity plan that, in the opinion of the
                    Tribunal, was not included in good faith.

Application     32.-(1) An employer, an employee of the employer or a
re employers    bargaining agent that represents any of the employer's
                employees may apply to the Tribunal for a declaration that
                the employer and one or more other employers constitute a
                single employer for the purposes of this Act.

Evidence        (2) The employers that are parties tot the application shall
                adduce all facts within their knowledge that are material to
                the application.

Order           (3) The Tribunal may make an order that the employers
                constitue a single employer for the purposes of this Act if
                the Tribunal finds that,

                   (a) the employers carry on associated or related
                       activities or businesses under common control or
                       direction;

                   (b) the employers carry out employment policies and
                       practices under common control or direction; and

                   (c) the order is necessary to give full effect to the
                       requirements of this Act and the refulations.

Application     33.-(1) A person may apply to the Tribunal on the grounds
re              that another person has intimidated, coerced, penalized or
inimidation,    discriminated against the applicanat contrary to
etc.            section 42 (intimidation).

Burden of       (2) If an application is made under subsection (1), a person
proof           who is alleged to have intimidated, coerced, penalized or
                discriminated against another person contrary to section 42
                has the burden of proving that the person did not contravene
                the section.

Orders          (3) The Tribunal may make any order it considers just,
                including any of the followign orders:

                   1.  An order requiring the person who contravened
                       section 42 to pay an amount specified in the order
                       to the applicant as compensation.

                   2.  An order requiringthe person who contravened that
                       section to take steps specified in the order to
                       remedy the effects of the contravention, including:

                        i. rehiring the applicant, if he or she was dismissed
                           from employment, or

                       ii. rescinding any penalty imposed on the applicant.

                   3.  An order requiring the person who contravened that
                       section to take steps specified in the order to
                       prevent further contraventions.

Notice to       34.-(1) The Tribunal shall notify the Employment Equity
Commission      Commission of any application under this Part, other than an
                application under section 28 (application by Commission),
                32 (application re employers) or 33 (application re
                intimidation, etc.).

Commission      (2) The Commission shall advise the Tribunal if it is
audit           conducting an audit of an employer that is a party to the
                application.

Effect on       (3) If the Commission advises the Tribunal that it is
Tribunal        auditing an employer, the Tribunal shall not take any
proceeding      further step in the application, other than a step authorized
                by the regulations, until at least thirty days after it
                notified the Commission of the application.

Report on       (4) The Commission may submit a report to the Tribunal on
audit           the audit and , if it does, the report shall be filed in
                evidence at any hearing held by the Tribunal in the
                application.

Mediation       25.-(1) The Employment Equity Tribunal shall refer every
                application under thsi Part to one of its employees who may
                endeavour to effect a settlement between teh parties to the
                application.

Settlement      (2) If the parites agree on a settlemetn, it shall be
                embodied in a written agreement or, with their consent, may
                be embodied in an order fo the Tribunal made withour a
                hearing.

Hearing         (3) If the employee considers that mediation or furhter
                efforts at mediation are not a practical means of resolving
                the application, the Tribunal shall hold a hearing and
                determind the application unless the regulations provide
                otherwise.

Decision to     (4) Despite subsection (3), the Tribunal may, without a
not deal with   hearing, decide not to deal with an application if it appears
application     to the Tribunal that,

                   (a) the subject-matter of an application is trivial,
                       frivolous, vexatious or made in bad faith; or

                   (b) the application is not within the jurisdiction of
                       the Tribunal.

Parties         36.-(1) The parties to an application under this Part are the
                applicant, the respondent, the interested employer, the
                interested bargaining agent, if any, and such other persons
                as the Tribunal my specify.

Commission      (2) The Commission is entitled, at its request, to be a party
                to any application.

Power to        37.-(1) In any application under this Part, the Tribunal may
make orders     make such orders as it considers just, including any of the
                following:

                   1.  An order establishing an employment equity plan.

                   2.  An order amending and employment equity plan.

                   3.  An order requiring an employer to create an employment
                       equity fund to be used for the purposes and in the
                       manner specified in the order.

                   4.  An order appointign an administrator who, at the
                       expense of teh employer, is responsible for
                       developing, implementing, reviewing adn revising an
                       employment equity plan.

Conditions      (2) An order may be made subject to such conditions as the
                Tribunal considers just.

Reconsider-     (3) The Tribunal may, if it considers it advisable to do so,
ations          reconsider any decision or order and vary or revoke it.

Orders re       (4) Despite any provision of this Act, the Tribunal may make
collective      an order amending a collective agreement only if the Tribunal
agreements      considers that other orders are not sufficient, in the
                circumstances, to ensure compliance with this Act.

Exclusive       38.-(1) The tribunal has exclusive jurisdiction to hear and
jurisdiction    determine any proceeding befoe it and to determine all
                questions of law or fact that arise in a proceeding.

Decision,       (2) A decision or an order of the Tribunal is final and
etc., final     conclusive for all purposes.

                                  OFFENCES

Confident-      39. A person in possession of information collected from
iality of       employees under Part III shall keep the information
information     confidential and shall not disclose or use it except for
                the purpose of complying with Part III or IV.

Obstruction     40.-(1) No person shall hinder, obstruct or interfere with an
                employee of the Employment Equity Commission in the
                execution of a warrant or otherwise impede an employee in
                the course of an audit.

Exception       (2) Subsection (1) is not contravened if a person refuses to
                produce documents or things unless a warrant has been issued
                under subsection 25 (5).

Providing       41. No person shall knowingly provide false information on a
false           certificate that is filed with the Employment Equity
                Commission under subsection 12 (5) or 15 (5).

Intimidation    42. No person shall intimidate, coerce, penalize or
                discriminate against another person because that person,

                   (a) is exercising or may exercise a right under this Act;

                   (b) is participating or may participate in a proceeding
                       under this Act;

                   (c) has made or may made a disclosure required in a
                       proceeding under this Act;

                   (d) has acted or may act in compliance with this Act or
                       an order made under it or has sought or may seek the
                       enforcement of this Act or an order.

Offences and    43. Every person who contravenes or fails to comply with
penalty         section 39,40, 41 or 42 or an order of the Employment Equity
                Tribunal is guilty of an offence and on conviction is liable
                to a fine of not more than $50,000.

Consent to      44. No prosecution for an offence under section 43 shall be
prosecution     instituted except with the consent in writing of the Tribunal.
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                                   PART V
                               ADMINISTRATION

                        Employment Equity Commission

Commission      45.-(1) A commission is established to be known in English
established     as the Employment Equity Commission and in French as
                Commission de l'‚quit‚ en matiŠre d'emploi.

Compositon      (2) The Commission is composed of one or more members to be
                appointed by the Lieutenant Governor in Council

Employment      (3) One member shall be designated by the Lieutenant
Equity          Governor in Council as the Employment Equity Commissioner
Commissioner

Employees       (4) Such employees as are necessary for the proper conduct of
                the Commission's work may be appointed under the Public
                Service Act.

Delegation      (5) The Commission may delegte any powers or duties to its
                employees.

Functions       46.-(1) The Employment Equity Commission has the following
of the          functions:
Commission
                   1.  To further the principles of employment equity.

                   2.  To monitor the implementation of employment equity
                       and the effectiveness of this Act.

                   3.  To conduct research and develop policy in relation
                       to employment equity.

                   4.  To assist employers, employees and bargaining agents
                       in complying with Part III.

                   5.  To eductate the public about employment equity.

                   6.  To carry out any function assigned to the
                       Commission under this or any other Act.

Public          (2) The Commission may engage in public consultations which
consultations   may include public hearings.

Policy          47.-(1) The Commission may issue policy directives on
directives      matters related to employment equity.

When            (2) A policy directive takes effect on the day it is
effective       published in The Ontario Gazette.

Effect of       (3) The Employment Equity Tribunal shall consider the
directive       the Commission's policy directives in making decisions.

Commission      48. The Commission may make rules for the conduct and management      management of its affairs and for the paractice and
                procedure to be observed in relation to matters it deals
                with.

Annual          49.-(1) Each year the Employment Equity Commissioner shall
report          make an annual report to the Minister of Citizenship on the
                activities and affairs of the Commission.

Same            (2) The report shall include data and information in respect
                of the progress made toward achieving employment equity in
                Ontario.

Tabling         (3) The Minister shall table the report before the Assembly
of report       if it is in session or, if not, at the next session.

When due        (4) Each annual report is due on or befoe the 31st day of
                March.

First annual    (5) The first annual report is not due until the second
report          anniversary of the 31st day of March followign the coming
                into force of this section.

Advisory        50.-(1) The Minister of Citizenship may appoint one or more
councils        advisory councils to advise the Commission.

Provincial      (2) An advisory council may be appointed for the province
or regional     as a whole or for a region of the province.

Minimum         (3) An advisory council must include a representative of
representation  employers, a representative of labour and a representative
                of the designated groups.

Tribunal        51.-(1) A trubunal is established to be known in English as
established     the Employment Eqyity tirbunal and in French as Tribunal de
                l'‚quit‚ en matiŠre d'emploi.

Composition     (2) The Tribunal is composed of such members as are
                appointed by the Lieutenant Governor in Council.

Chair           (3) One member shall be designated by the Lieutenant
                Governor in Council as the chair.

Vice-chairs     (4) The Lieutenant Governor in Council may designate one or
                more members as vice-chair.

Employees       (5) Such employees as are necessary for the proper conduct of
                the Tribunal's work may be appointed under the Public
                Service Act.

Panels of       52.-(1) The chair may appoint panels composed of one or more
the Tribunal    members of the Tribunal to conduct hearings.

Presiding       (2) The chair shall designate one member of each panel to
officer         preside over hearings of the panel.

Decision        (3) A decision of a panel is a decision of the Tribunal.

Same            (4) If a panel has more than one member, the panel's decision
                is the decision of the majority of the members or, if there
                is no majority decision,the decision of the person designated
                to preside.

Tribunal rules  53. The Tribunal may make rules for the conduct and
                management of its affairs and for the practice and procedure
                to be observed in proceedings before it.

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                                  PART VI
                        MISCELLANEOUS AND REGULATIONS

Employment      54.-(1) It is a condition of every contract entered into
equity:         by or on behalf of the Crown or an agency of the Crown
government      that every other party to the contract shall comply with
contracts       Part III to the extent that the party has obligations
                under that Part.

Subcontracts    (2) Subsection (1) also applies with respect to subcontracts
                entered into in the performance of a contract described in
                subsection (1).

Employment      (3) It is a condition of every grant, contribution, loan or
equity;         guarantee made by or on behalf of the crown or an agency of
government      the Crown that the person to whom the grant, contribution,
grants, etc.    loan or guarantee is made comply with Part III to the extent
                that the party has obligatons under that Part.

Proof of        (4) A finding by the Employment Equity Tribunal that Part III
breach          has been breached is conclusinve proof of a breach of the
                condition.

Effect of       (5) The breach is sufficient grounds for the cancellation
breach of       of the contract, subcontract, grant, contribution, loan
                or guarantee and for the refusal to enter into any
                further grant, contribution, loan or guarantee to the same
                person.

Regulation      55.-(1) The Lieutenant Governor in Council may make
                regulations,

                   1.  defining any word or expression used in this Act that
                       is not already defined in this Act;

                   2.  governing what constitutes membership in a
                       designated group;

                   3.  designating subgroups within a designated group;

                   4.  naming or describing employers in addition to those
                       named in the Schedule to the Pay Equity Act as
                       employers in the broader public sector;

                   5.  excluding employers by name or description from the
                       broader public sector;

                   6.  prescribing additional bases upon which a person may
                       regularly engage the services of others as an
                       employer for the purpose of this Act;

                   7.  designating persons as employees for the purpose of
                       this Act;

                   8.  setting out and governing circumstances in which any
                       of an employer's obligations under Part III change or
                       cease to apply due to a change in the number of
                       employees in the employer's workforce;

                   9.  governing the application of this Act and adapting the
                       requirements of this Act to an employer and a
                       bargaining agent, if any, in the case of the purchase,
                       sale, merger or other change in the cirumstance of an
                       employeer's business;

                   10. governing the application of this Act and adapting the
                       requirements of this Act,

                       i. as it applies to the constrution industry,

                      ii. as it applies in situations where people are hired
                          through union hiring halls,

                     iii. as it applies to employers that employ seasonal or
                          term employees,

                      iv. as it applies to particular industries or sectors
                          of the economy which in the opinion of the
                          Lieutenant Governor in Council cannot be properly
                          accommodated through the provisions of this Act
                          because of unique situation in the industry or
                          sector;

                   11. governing employment equity workforce surveys and the
                       collection of other information to determine the
                       extent to which members of the designated groups
                       are employed in an employer's workforce;

                   12. requiring employers that have 500 or more employees
                       to collect additional informaiton to determine the
                       extent to which members of subgroups within a
                       designated group are employed in the employer's
                       workforce;

                   13. designating classes of employers in the broader public
                       sector and requiring the Crown in right of Ontario and
                       every employer in the broader public sector or in a
                       class of employers in the broader public sector to
                       collect additional information to determine the extent
                       to which members of subgroups within a designated
                       group are employed in the Crown's workforce or the
                       employer's workforce, as the case may be;

                   14. governing reviews of an employer's employment policies
                       and practices;

                   15. governing the content of employment equity plans in
                       situations where an employer prepares only one plan
                       and in situations where an employer prepares more
                       than one plan;

                   16. governing the development, implementation, review and
                       revision of employment equity plans;

                   17. governing certificates to be prepared and filed with
                       the Employment Equity Commission on the development,
                       implementation, review or revision of the employer's
                       employment equity plans;

                   18. designating classes of employers in the braoder public
                       sector and requiring employers or classes of employers
                       in the broader public sector to file copies of
                       employment equity plans with the Commission;

                   19. governing the manner in which an employer and a
                       bargaining agent shall jointly carry out
                       responsibilities under Part III and governing payment
                       to employees who are selected by a bargaining agent to
                       carry out joint responsibilities;

                   20. governing the composition fo the coordinating
                       committee and respecting the powers of the committee
                       in carrying out joint responsibilties.

                   21. prescribing information that an employer must provide
                       to a bargaining agent and prescribing criteria for the
                       purpose of subsection 16 (7);

                   22. governing consultation by employers with employees in
                       accordance with section 17 and governing payment to
                       employees for time spent for the purpose of
                       consultation

                   23. governing certificates and other information in
                       respect of this Act and employment equity that must be
                       posted in the workplace;

                   24. governing information in respect of this Act and
                       employment equity that an employer must provide or
                       make available to the employer's employees;

                   25. governing the establishment and maintenance of
                       employment equity records in respect of an employer's
                       employees;

                   26. governing reports and other information to be
                       submitted to the Commission on the composition of an
                       employer's workforce or the development,
                       implementaion, review or revision of the employer's
                       employent equity plans;

                   27. requiring employers that have 500 or more employees to
                       prepare reports containingg information on the extent
                       to which members of subgroups within a designated
                       group are employed in the employer's workforce;

                   28. designating classes of employers in the broader public
                       sector and requiring the Crown in right of Ontario and
                       every employer in the broader public sector or in a
                       class or employers in the broader public sector to
                       prepare reports containing information on the extent
                       to whch members of subgroups within a designated group
                       are employed in the Crown's workforce or the
                       employer's workforce, as the case may be;

                   29. requiring employers that have 500 or more employees to
                       prepare reports containing information on the extent
                       to which members of the designated groups are employed
                       in each salary group in the employer's workforce;

                   30. designating classes of employers in the broader public
                       sector and imposing more stringent requirement on the
                       Crown in right of Ontario and employers or classes of 
                       employers in the broader public sector with respect to
                       reports or other information to be submitted to the
                       Commission;

                   31. prescribing steps that may be taken by the Employment
                       Equity Tribunal under subsection 34 (3);

                   32. prescribing, for the purpose of subsection 35 (3),
                       circumstances in which the Tribunal is not required to
                       hold a hearing and determine an application, and
                       governing the procedure for determining whether the
                       circumstances exist.

Numerical       (2) A regulation governing the content of employment equity
goals in        plans may require plans to contain numerical goals determined
plans           in a manner prescribed by the regulation.  It may provide
                that the goals shall be determined with reference to
                percentages approved by the Commission that, in the opinion
                of the Commission, fairly reflect the representation of the
                designated groups in the population of a geographical area or
                in any other groups of people.

General or      (3) Regulations may be general or specific in nature.
specific

Conditions      (4) A regulation may be made subject to such conditions as
                are set out inthe regulations.

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                                  PART VII
                          CONSEQUENTIAL AMENDMENTS,
                          REVIEW, COMMENCEMENT AND
                                SHORT TITLE

                56. The Human Rights Code is ammeded by adding the following
                    sections:

Components of   14.1-(1) A right under Part 1 is not infringed because
employment      positive measures or numerical goals that are contained in an
equity plans    Employment Equity Act, 1993 are restricted to members of the
                designated gropus identified under section 4 of that Act.

Definitions     (2) in this section,

                "numerical goal" means a goal with repect to the composition
                of an employer's workforce that is determined in accordance
                with the Employment Equity Act, 1993; ("objectif
                quantitatif")

                "positive measure" means a positive measusr established under
                the Employment Equity Act, 1993 ("mesure corrective")

                .  .  .  .  .
Undue hardship  24.1-(1) If a compaint is made against an employer that has
where           an employment equity plan under the Employment Equity Act,
employment      1993, th Commission, a board of inquiry or a court may
equity plan     consider the cost of implementing the employment equity plan
exists          in any assessment of undue hardship that it makes under
                subsection 11 (2), 17 (2) or 24 (2) with respect to the
                complaint.

Same            (2) Despite subsection (1), the Commission, a board of
                inquiry, or a court shall consider the cost of implementing
                an employment equity plan in any assessment of undue hardship
                that it makes under subsection 11 (2), 17 (2) or 24 (2) with
                respect to the complaint if, on or befoe the day that the
                complaint is filed with the Commission,

                   (a) the Employment Equity Tribunal has determined that the
                       plan complies with Part III of the Employment Equity
                       Act, 1993; or

                   (b) the Employment Equity Commission has determined that
                       the plan complies with Part III of that Act.

                .  .  .  .  .
Order re        41.1(1) Despite any provision of this Act, the Commission or
employment      a board of inquiry shall not, by order, amend an employment
equity plans    equity plan under the Employment Equity Act, 1993.

Orders where    (2) If a board of inquiry finds that a right of a complainant
plan exists     under Part I has been infringed by an employer that has an
                employment equity plan under the Employment Equity Act, 1993,
                the board may make an order that has the effect of imposing
                requirements on the employer that are in addition to those
                contained in the employment equity plan.

Order not       (3) An order under subsection (2) shall not be interpreted
part of plan    as forming part of the employment equity plan.

Review of       57. A standing or select committee of the Legislative
the Act         Assembly shall, on or before the day that is five years
                after the day this section comes into force, undertake a
                comprehensive review of this Act and the regulations and
                shall, within one year after beginning that review, make
                recommendations to the Legislative Assembly regarding
                amendments to this Act and the regulations.

Commencement    58. This Act comes into force on a day to be named by 
                proclamation of the Lieutenant Governor.

Short title     59. The short title of this Act is the
                    Employment Equity Act, 1993.

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2184         THE ONTARIO GAZETTE / LA GAZETTE DE L'ONTARIO     O. Reg. 386/94

                           ONTARIO REGULATION 386/94
                                 made under the
                          EMPLOYMENT EQUITY ACT, 1993

                              Made:  June 23, 1994
                              Filed: June 23, 1994

                             ABORIGINAL WORKPLACES

1. (1) For employer operating an Aboriginal workplace, sections 23 and 24 of
   the Act are varied as provided in this Regulation.

   (2) The variation applies only with respect to employees at the Aboriginal
   workplace.  O. Reg. 386/94, s. 1.

2. (1) Subsection 23 (1) of the Act is varied as follows:

      1.  The day referred to in paragraph 1 is 24 months after the effective
          date.

      2.  The day referred to in paragrahps 2 and 3 is 30 months after the
          effective date.

      3.  The day referred to in paragraph 4 is 36 months after the effective
          date.

      4.  The day referred to in paragraph 5 is 48 months after the effective
          date.

   (2) The day referred to in paragraph 2 of subsection 23 (2) of the Act is
   30 months after the effective date.

   (3) The day referred to in paragraph 2 of subsection 23 (2) of the Act is
   48 months after the effective date.  O. Reg. 386/94, s. 2.

3. (1) The day referred to in paragraph 2 of subsection 24 (1) of the Act
   is 30 months after the effective date.

   (2) The day referred to in paragraph 2 of subsection 24 (2) of the Act is
   26 months after the effective date.  O. Reg. 386/94, s. 3.

4. This Regulation comes into force on the day on which subsection 22 (1) of
   Act comes into force.

                          CONSTRUCTION INDUSTRY

1. (1) For employers with employees in the construction industry, sections
   23 and 24 of the Act are adapted as provided in this Regulation.

   (2) The adaptation applies only with respect ot employees in the
   construction industry.  O. Reg. 387/94, s. 1.

2. (1) Subsection 23 (1) of the Act is adapted as follows:

      1. The day referred to in paragraph 1 is 24 months after the
      effective date.

      2. The day referred to in paragrahps 2 and 3 is 30 months after the
      effective date.

      3. The day referred to in paragraph 4 is 36 months after the
      effective date.

      4. The day referred to in paragraph 5 is 48 months after the
      effective date.

   (2) The day referred to in paragraph 2 of subsection 23 (2) of the Act
   is 30 months after the effective date.

   (3) The day referred to in paragraph 2 of subsection 23 (3) of the Act
   is 48 months after the effective date.

3. (1) The day referred to in paragraph 2 of subsection 24 (1) of the Act
   is 30 months after the effective date.

   (2) The day referred to in paragraph 2 of subsection 24 (2) of the Act
   is 36 months after the effective date.  O. Reg. 387/94, s. 3.

4. This Regulation comes into force on the day on which subsection 55 (1)
   of the Act comes into force.

                          AGRICULTURAL INDUSTRY

1. (1) Seasonal employees in the agricultrual industry shall be deemed not to
   be employees for the purposes of subsections 3 (5), 7 (2) and 7 (3) of the
   Act.

   (2) Seasonal employees in the agricultural industry include employees
   employed under the Commonwealth Caribbean Seasonal Agricultural Workers
   Program or the Mexican Seasonal Agricultural Workser Program administered
   by Human Resources Developemtn Canada.  O. Reg. 388/94, s. 1.

2. Parts III, IV, V and VI of the Act do not apply with respect to seasonal
   employees in the agricultural industry.  O. Reg. 388/94, s. 2.

3. This regulation comes into force on the day on which subsection 55 (1)
   of the Act comes into force

          ----------------------------------------------------------

                                  DEFINITIONS

                                Designated Groups

1. For the purposes of the Act, an Aborigianl person is a person who is a
   member of the Indian, Inuit or Mˆtis peoples of Canada. O.Reg. 389/94.s.1.

2. For the purposes of the Act, a person with a disability is a person who
   has a persistent physical, mental, psychiatric, sensory or learning
   impairment and who,

   (a) considers themself to be disadvantaged in employment by reason of
       that impairment; or

   (b) believes that an employer or portential employer is likely to consider
       the person to be disadvantaged in employment by reasone of that
       impairment.  O. Reg. 389/94, s. 2.

3. (1) For the purposes of the Act, a member of a racial minority is a
   person who, because of the person's race or colour, is in a visible
   minority in Ontario.

   (2) An Aboriginal person is not a member of a racial minority solely
   because he or she is an Aboriginal person.  O. Reg. 389/94. s. 3.

4. A person may be a member of more than one designated group. 
   O. Reg. 389/94. s. 4.

                                Barrier

5. (1) For the purposes of the Act, an employment policy or practice is a
   barrier if it directly or indirectly adversely affects persons who are
   members of a designated group more that it affects others.

   (2) A policy or practice is not a barrier if the policy or practice
   is permitted under section 5 of the Act.  O. Reg. 389/94, s. 5.

                          Aboriginal Workplace

6. For the purposes of subsection 22 (1) of the Act, an Aboriginal workplace
   is a workplace operated by.

   (a) a band as defined in the Indian Act (Canada);

   (b) an authority, board, commission or corporation without share capital,
   
      (i) the majority of whose members are Aboriginal Persons, and

     (ii) that provides services principally to Aboriginal persons: or

   (c) a corporation with share capital or an organization or persons,

      (i) the majority of the directors of which or the majority of members
          of the governing body of which are Aboriginal persons, adn

     (ii) that provides services principally to Aboriginal persons.
          O. Reg. 289/94, s. 6.

                         Construction Industry

7. For the purposes of the Act , "constrution" includes erection,
   alteration, repair, dismantling, demolition, structural maintenance,
   painting, land clearing, earch moving, grading, excavating, trenching,
   digging, boring, drilling, blasting, or concreting, the installation of
   any machinery or plant, and any work or undertaking in connection with a
   construction project but does nto include any owrk or undertaking in a
   mine.  O. Reg. 389/94. s. 7.

8. this Regulation comes into force on the day on which subsection 55 (1)
   comess into force.

          ----------------------------------------------------------

                          ONTARIO REGULATION 390/94
                               made under the
                         EMPLOYMENT EQUITY ACT, 1993

                              Made:  June 23, 1994
                              Filed: June 23, 1994

                                    GENERAL

                                    CONTENTS
                                                         Sections

Non-application                                                 1
Interpretation                                                2-5
Workforce Survey                                             6-13
Review of Policies and Practices                            14-15

Employment Equity Plan                                      16-21
Review and Revsion of a Plan                                22,23
Certificates                                                   24
Joint Responsibilities of Employers and Bargaining Agents   25-30
Consultation with Unrepresented Employees                   31-33

Information for Employees                                   34-36
Employment Equity Records                                   37,38
Employment Equity Reports                                   39-41
Commencement                                                   42

                              Non-Application

1. This Regulation does not apply with respect to those wmployees who are
employed at an Aboriginal workplace or in the construction industry.
O. Reg. 390/94, s. 1.

                               Interpretation

2. (1) In this Regulation,

   "initial plan" means, in relation to all or part of an employer's
   employees, the first employment equity plan prepared under the Act
   that applies to the employees.  ("programme initial")

   "small employer" means,

      (a) an employer in the braoder public sector that has fewer than
          50 employees, excluding seasonal employees, or

      (b) a private sector employer that has fewer than 100 employees,
          excluding seasonal employees; ("petit employeur")

   "workforce survey questionnaire" means a workforce survey questionnaire
   described in section 7.  (questionnaire d'analyse de effectifs")

   (2) For the purposes of this Regulation, the following are the
   designated employers in the broader public sector.

      1. Every city, town, township, village, improvement district and
         regional municipality, the Municipality of Metropolitan
         Toronto, The District Municipality of Muskoka adn the County of
         Oxford.

      2. Every board as defined in the Education Act and every college and
         university in Ontario the majority of the capital or annual
         operating funds of which are received from the Crown.

      3. Every hospital listed in the Schedule to the Classification of
         Hospitals Regulation made under the Public Hosptials Act.

      4. Every private hospital operated under the authority of a licence
         issued under the Private Hospitals Act.

      5. Every hospital approved as a community psychiatric hospital under
         the Community Psychiatric Hospitals act.  O. Reg. 390/94, s. 2.

3. (1) For the purposes of this Regulation, the geographic area in which all
       or part of an employer's workforce is located is,

       (a) the census metropolitan area for Ontario defined in Reference
           Maps, Census Metropolitan Areas and Census Agglomerations,
           dated September 1992, publishes by Statistics Canada in which
           all or part of the workforce is located, or

       (b) if it is not located within a census metropolitan area, the Canada
           Employment Centre Management Area as set out in CEC
           Management Area Mapas Ontario Region, dated August 31, 1993,
           published by Employment and Immigration Canada in which all
           or part of the workforce is located.

   (2) An employer may combine two or more geographic areas if the employer
   has fewer than 50 employees in each.  The combined geographic area shall
   be deemed to be one geographic area for the purposes of this Regulation.
   O. Reg. 390/94,s.3.

4. The occupational group for a job is determined as follows:

   1.  Determine the unit group of the jb in accordance with National
       Occupational Classification-Occupational Descriptions and with
       National Occupational Classification - Index of Titles, both dated
       1993, published by Employment and Immigration Canada/Canada
       Communication Group.

   2.  Determine the occupational group of the unit group in accordance with
       Structure of the Employment Equity Occupational Groups under NOC,
       dated November 1993, published by the Government of Canada.
       O. Reg. 390/94,s.4.

5. (1) A salary group in an employer's workforce is established as follows:

   1.  Identify the full-time annualized base pay for the highest-paid and
       the lowest-paid employee in each occupational group.

   2.  Divide the differnce between the highest and the lowest salary into
       four groups of equal dollar amounts.

   3.  Each of the four groups is a salary group.

   (2) The salary group for an employee is determined using the employer's
       full-time annualized base pay.  O. Reg. 390/94, s. 5.

                             Workforce Survey

6. (1) Each employee must be given the workforce survey questionnaire.

   (2) Before preparing an initial plan, it is not necessary to give the
       questionnaire to employees that the employer has already surveyed to
       determine whether they identify themselves as belonging to any of the
       designated groups, so long as,

       (a) the results of the previous survey are up to date;

       (b) the previous survey used questions and was carreid out in a manner
           that achieved results that are likely to be as accurate as what
           would have been achieved using the workforce survey questionnaire;
           and

       (c) the previous survey gave the employees the choice of indicating
           whether they are members of the designated groups.

   (3) Despite clause (2) (c), the previous survey need not have obtained
       information as to an employee's gender if the employee has otherwise
       provided the information to the employer.

   (4) The employer and the bargaining agent shall jointly perform the duties
       described in this section and in subsection 10 (1) of the Act with
       respect to the employees represented by the bargaining agent.

   (5) If the employer and the bargaining agent do not agree upon whether
       subsection (2) applies with respect to employees represented by the
       bargaining agent, either of them may request the opinion of the 
       Employment Equity Commission about the matter.

   (6) Subsection (5) does not prevent either party from making an
       application to the Tribunal under subsection 30 (1) of the Act.
       O. Reg. 390/94, s. 6.

7. (1) The workforce survey questionnaire must set out the questions listed
       in Schedule I.

   (2) The questionnaire must state the following:

       1. Each employee has the right to decide whether to answer questions
          in the questionnaire.

       2. Each employee must return the questionnaire to the employer
          whether or not the questions are answered.

       3. The information collected in the questionaire will be kept
          confidential.

       4. The information collected will nt be used or disclosed except to
          comply with Part II or IV of the Employment Equity Act, 1993

   (3) The questionnaire must state that a person my be a member of more
       than one designated group.

   (4) The employer shall ensure that the employer is able from the
       questionnaire to identify by name or otherwise the employee who
       returns it.  O. Reg. 390/94, s. 7.

8. (1) The workforce survey questionnaire may include additonal questions
       relating to employment equity.

   (2) The additional questions must be set out separately from those listed
       in Schedule I.

   (3) Only questions asking for further information about membership in a
       designated group or asking about the accommodation of persons with
       disabilities may be interspersed with questions listed in Schedule I.

   (4) The questionnaire must indicate that the additional questions are not
       required under the Act and taht each employee has the right to decide
       whether to answer the additional questions.  O. Reg. 390/94, s. 8.

9. (1) The employer shall make reasonable efforts to assist each employee who
       needs help to understand or complete the workforce survey
       questionnaire.

   (2) The bargaining agent shall also make reasonable efforts to assist each
       employee represented by the bargaining agent.  O. Reg. 390/94, s. 9.

10. Each employee shall return the the workforce survey questionnaire to
    his or her employer.  O. Reg. 390/94, s. 10.

11. (1) A small employer shall determine the following:

     1. The number of persons in the employer's workforce who are Aboriginal
        persons, and the number among them who are men and who are women.

     2. The number of persons in the employer's workforce who are person with
        disabilities, adn teh number among them who are men and who are
        women.

     3. The number of persons in teh employer's workforce who are members of
        racial minorities, and the number among them who are men and who are
        women.

     4. The number of women in the employer's workforce.

    (2) An employer other tan a small employer shall determin the following
    for each occupational group in the employer's workforce in each
    geographical area in which the employr's workforce is located:

       1. The number of persons who are Aboriginal persons, and the number
          among them who are men and who are women.

       2. The number of persons who are persons with disabilities, and the
          number among them who are men and who are women.

       3. The number of persons who are members of racial minorities, and
          the number among them who are men and who are women.

       4. The number of women.

   (3) These determinations are to be based upon the information gathered
   under section 6.

   (4) The employer and the bargaining agent shall jointly perform the
   duties described in this section with respect to the employees
   represented by the bargaining agent.

   (5) For the purpose of performing its duties under this section, the
   bargaining agent shall have access to information compiled by the
   employer from the workforce survey questionnaire but not to the
   complete questionnaires.

   (6) The employer shall notify the Employment Equity Commission if the
   employer is using information from a previous survey referred to in
   subsection 6 (2) to make determinations concerning employees who are
   not represented by a bargaining agent.  O. Reg. 390/94, s. 11.

12. (1) The employer shall ensure that the determinations made under
    section 11 are kept up to date.

    (2) The employer shall give an employee a workforce survey questionnaire
    to complete,

       (a) when he or she becomes an employee; or

       (b) when the employer indicates that he or she would like to change
           any information previously submitted on a questionnaire.

    (3) The employer and the bargaining agent shall jointly perform the
    duties described in this section with respect to the employees 
    represented by the bargaining agent.  O. Reg. 390/94, s. 12.

13. (1) The employer shall conduct a new workforce survey nine years after
    the date of the employer's most recent workforce survey.

    (2) If a previous survey referred to in subsection 6 (2) is used when
    making the determinations required by section 11, the new workforce
    survey must be conducted nine years after the date of the previous
    survey instead of the date required by subsection (1).

    (3) The employer and the bargaining agent shall jointly perform the
    duties described in this section with respect to the employers
    represented by the bargaining agent.  O. Reg. 390/94, s. 13.

                        Review of Policies and Practices

14. (1) An employer shall review the employer's policies and practices with
    respect to the recruitment, hiring, retention, treatement and promotion
    of employees.

    (2) An employer other than a small employer shall ensure that the review
    includes the following matters:

       1. Recruiting, selecting adn hiring employees.

       2. Promoting employees and moving them between occupational groups
          in the employer's entire workforce.

       3. Training and developing employees.

       4. Evaluating employee's perrformance.

       5. Terminating the employemtn of employees, including their dismissal,
          resignation or retirement.

       6. Determining salaries and benefits.

       7. Accommodating special needs or members of the designated groups.

       8. Any treatment of employees or conditions of employment that are
          not otherwise addressed.

    (3) Before preparing an initial plan, it is not necessary to review the
    employer's policies and practices with respect to part or all of the
    employer's workforce if the employer has already conducted a review and,

       (a) the results of the previous review are upt to date; and

       (b) the results fo the previous review are likely to be the same as
           what would have been achieved had the employer done the review
           described in subsection (1) or (2), as the case may be.

    (4) The employer and the bargaining agent shall jointly perform the
    duties described in this section with respect to the employees
    represented by the bargaining agent.

    (5) If the employer and the bargaining agent do not agree upon whether
    subsection (3) applies with respect to employees represented by the
    bargaining agent, either of them may request the opinion of the
    Employment Equity Commission about the matter.

    (6) Subsection (5) does not prevent either party from making an
    application to the Tribunal under subsection 30 (1) of the Act.

    (7) The employer shall notify the Employment Equity Commission if the
    employer is relying on the exception described in subsection (3) with
    respect to employees who are not represented by a bargaining agent.
    O. Reg. 390/94, s. 14.

15. (1) Based on the review of policies and practices, the employer shall
    determine whether any of the employer's policies or pracices is a barrier
    to recruitment, hiring, retention, treatment or promotion of members of a
    designated group.

    (2) The employer and the bargaining agent shall jointly perform the
    duties described in this section with respect to the employees
    represented by the bargaining agent.  O. Reg. 390/94, s. 15.

                         Employment Equity Plan

16. The employer and the bargaining agent shall jointly prepare an employment
equity plan or plans under subsection 12 (1) of the Act with respect to the
employees represented by the bargaining agent.  O. Reg. 390/94, s. 16.

17. (1) An employment equity plan must contain the following information:

       1. A list of the policies and practices identified as barriers that
          will be eliminated during the term or the plan.

       2. A list of the policies and practices identified as barriers that
          will be eliminated during the term or subsequent plans.

       3. A description of the measures that will be implemented during the
          term of the plan.

       4. A list of the numerical goals described in section 18 tht will be
          achieved during the term of the plan and a descripton of how the
          goals were set.

       5. A description of the timetable for implementing the measures and
          achieving the numerical goals.

       6. A description of how the implementation of the measures and the
          achievement  of hte numerical goals will be monitored.

       7. A description of the measures that have already been implemented.

       8. a description of the procedure that a person may use to request
          accomodation in his or her employment or prospective employment
          and the procedure to be used by the employer in responding to a
          request.

       9. A description of the consultations with employees under section 17
          of the Act concerning th review of employment policies and
          practices and concerning the preparation of the plan, a summary of
          the employees' comments during the consultations and a description
          of how the employer has addressed concerns that were raised.

    (2) The measures must include measures to eliminate barriers, measures
    referred to in clauses 12 (1) (b), (c) and (d) of the Act and measures
    to eliminate discrimination and harassment.

    (3) The measures to accommodate members of the designated groups who
    request accommodation in their employment or prospective employment must
    be developed and implemented in accordance witht he Human Rights Code.

    (4) A small employer's plan is not required to include numerical goals.
    O. Reg. 390/94, s. 17.

18. (1) For each designated group, the employment equity plan must state a
    numerical goal for each occupational group in the workforce covered by
    the plan.

    (2) Separate numerical goals must be stated for each geographical area
    covered by the plan.

    (3) A numerical goal is the proportion of job openings in the
    occupational group that will be filled by members of the designated
    group.

    (4) Seasonal employees and seasonal job openings are not to be considered
    when setting numerical goals.

    (5) In this section, "job opening" means,

        (a) an opportunity for a person to be hired as an employee of the
            employer into the job;

        (b) an opportunity for an employee of the eomployer to be promoted
            within the occupational group;

        (c) an opportunity for an employee to be promoted or transferred
            into another occupational group.  O. Reg. 390/94, s. 18.
19. (1) The following factors must be taken into account when setting a
    numerical goal for a designated group in an occupational group and
    geographical area:

        1. Any underrepresentation (in the employer's workforce covered by
           the plan) of the designated group in the occupational group in
           the geographical area in comparison with the representation of
           the group in the working age population in the geographical
           area.

        2. The number of designated group members int he employer's entire
           workforce who have the necessary skills for entry into positions
           in the occupational group or who the employer could reasonably be
           expected to train to have those skills.

        3. The level of representation of the designated group in the
           population groups described in subsection (2), to the extent that
           each population group has the skills for job openings in the
           occupational group.

    (2) The following are the population groups that must be considered
    under paragraph 3 of subsection (1)

        1. The working age population in the geographical area.

        2. Persons in the geographical area who are in the occupational
           group.

        3. Persons in the geopgraphical area who have the necessary skills
           for employment within the occupational group.

        4. Persons graduating in Ontario from educational and training
           programs that give them the necessary skills for employment
           within the occupational group.

        5. Any other group for which the Employment Equity Commission
           provides date to the employer.

    (3) Information about the population groups described in subsection (2)
    must be statistically valid and statistically reliable.

    (4) If persons are ususally recruited into the occupational group from a
    larger geographic area than the specified geographic area, the
    population group for the larger geographic area may be used for the
    purposes of paragraphs 2 and 3 of subsection (2).

    (5) In this section, "working age population" has the same meaning as in
    the Statistics Canada publication "The 1991 Census Dictionary", dated
    Janyary 1992.  O. Reg. 390/94, s. 19.

20. (1) The term of an employment equity plan is three years.

    (2) An initial plan comes into force not later than the date specified
    under section 23 of the Act.  O. Reg. 390/94, s. 20.

21. When more than one employment equity plan is prepared, the plans
    individually and together must not defeat the principles of the Act.
    O. Reg. 390/94, s. 21.

                        Review and Revision of a Plan

22. (1) A revised employment equity plan must be prepared before the
    preceding plan expires.

    (2) The revised plan must describe the steps taken to review the previous
    plan and revise it and ti must be prepared using information that is up
    to date.

    (3) It must meet the requirements for an employment equity plan under the
    Act.

    (4) It comes into force when the preceding plan expires.

    (5) The employer and the bargaining agent shall jointly perform the
        duties described in this section and in subsection 15 (1) of the Act
        with respect to the employees represented by the bargaining agent.
        O.  Reb. 390/94, s. 22.

23. (1) Each employment equity plan prepared after the initial plan must
    indicate which numerical goals, if any, in the preceding plan were not
    achieved.

    (2) If a numerical goal was not achieved, the subsequent plan must
    describe the measures to be developed and implemented to address the
    matter.  O. Reg. 390/94, s. 23.

                                Certificates

24. (1) The certificate required by subsection 12 (3) of the Act for an
    initial plan must state that,

       (a) the employer has provided the information and carried out the
           consultation required under the Act, and

       (b) the employer has conducted the workforce survey, completed the
           review of the employer's employment policies and practices and
           prepared an employment equity plan.

    (2) The certificate required by subsection 15 (2) of the Act for a plan
    prepared after the initial plan must state that the employer and, if
    applicable, the bargaining agent have reviewed the preceding plan and
    revised it.

    (3) Each certificate by a small employer must state the number of
    employees in the employer's workforce and the number of members of each
    designated group at the beginning of the term of the plan and at the
    beginning ofthe term of the preceing paln, if any.

    (4) Each certificate by an employer other than a small employer must do 
    the following:

       1. State the number of employees in each occupational group in the
          employer's workforce and the number of members of each designated
          group among them at the beginning of the term of the preceding
          plan, if any.

       2. State the number of job openings in each occupational group that
          were filled during the term of the preceding plan, if any.

       3. State the number of job openings in each occupational groups that
          were filled by members of each designated group during the term
          of the preceding plan, if any.

       4. State the number of employees in each occupational group in the
          employer's workforce and the number of members of each designated
          group smong them at the beginning of the term of the current plan.

       5. Describe the measures that were implemented during the term of the
          preceding plan, if any, and those to be implemented during the
          term of the current plan.

    (5) Each certificate must state tht the employr has prepared the report
    required under section 39 or 40, as the case may be respecting the plan
    and must indicate where the Employment Equity Commission can obtain a
    copy of the report.

    (6) The certificate must be signed by the chief executive officer or the
    equivalent of the employer.

    (7) The certificate must be filed not later than six months after the
    plan comes into force.  O. Reg. 390/94, s. 24.

                            Joint Responsibilities of
                        Employers and Bargaining Agents

25. (1) If an employer's employees are represented by only one bargaining
    agent, the employer and the bargaining agent sahll being to establish
    a process for carrying out thier joint responsibilities under the Act
    at least twelve months befoe the date by which they are require to have
    completed the employment equity plan.

    (2) If the employer's employees are represented by more than one
    bargaining agent, the committee to co-ordinate the carrying out of their
    joint responsibilities under the Act shall begin to establish a process
    for carrying out those responsibiliteis at least twelve months before
    the date by which they are required to have completed the employment
    equity plan.  O. Reg. 390/94, s. 25.

26. (1) On the co-ordinating committee, each bargaining agent is entitled to
    have one representative for each bargaining unit that is represented by
    the agent.

    (2) A bargaining agent may choose to have one representative for two or
    more bargaining units, and two or more bargaining agents may choose to
    be jointly represented.

    (3) The employer and each bargaining agent shall select their respective
    representatives on the co-ordinating committee.  O. Reg. 390/94, s. 26.

27. The co-ordinating committee may determine the following matters with
    respect to those employees who are represented by a bargaining agent:

    1. Whether to prepare more than one employment equity plan and how many
       to prepare.

    2. Whether to subdivide the workforce within each plan and how to do so.

    3. What steps will be taken with respect to each portion of the workforce

    4. Who will take each of those steps: the employer and the individual
       bargaining agents, the co-ordinating committe or another entity.
       O. Reg. 390/94, s. 27.

28. (1) For the purpose of carrying out its joint responsibilities under the
    the Act, the bargaining agent shall consult with employees it represents
    who are members of the designated groups.

    (2) If none of the employeees it represents are members of a particular
    designated group, the bargaining agent shall request information from
    the Employment Equity Commission on how to address the concerns of that
    designated group.

    (3) If no employees who are members of a particular designated group
    participate in the consultation, the bargaining agent shall request
    information from the Employment Equity Commission on how to address
    the concerns of that group.  O. Reg. 390/94, s. 28.

29. (1) The employer shall provide the following information under
    subsection 16 (6) of the Act to the bargaining agent:

        1. any reports prepared under section 39 or 40 relating to the
           employment equity plan that applies in respect of employees
           represented by the bargaining agent.

        2. Any order of the Employment Equity Tribunal or the Employment
           Equity Commission that applies with respect to those employees.

    (2) In information to be provided to the bargaining agent, a reference to
    "one", "two", "three" or "four" members of a designated group must be
    amended to read "less than five" members before the information is
    provided.  O. Reg. 390/94, s. 29.

30. (1) An employee who is representing a bargaining agent is entitled to
    spend whatever tiemduring the regular work day away form his or her
    regular work that the employer and the bargaining agent agree is
    necessary.

       (a) to attend meetings between the employer and the bargaining
           agent concerning their joint responsibilites;

       (b) to prepare for any of those meetings, and

       (c) to carry out duties arising form any of those meetings.

    (2) Time that an employee of the employer spends on these activities
    is deemed to be work time for which the employee shall be paid at the
    regular or premium rate, as is appropriate.  O. Reg. 390/94, s. 30.

                             Consultation with
                          Unrepresented Employees

31. (1) For the purposed of section 17 of the Act, the employer shall
    establish a process for consulting with employees concerning the
    workforce survey, the review of employment policies and practices and
    the employment equity plan that applies to them.

    (2) The consultation process must include consulting with employees who
    are members of the designated groups, if any.

    (3) If none of the employees being consulted are members of a particular
    designated group, the employer shall request information from the
    Employment Equity Commission on how to address the concerns of that
    group.

    (4) The consultation process must provide an effective means for
    employees to identify any bariers in the employer's employment policies
    and practices and to comment on the employer's proposals for the plan.
    O. Reg. 390/94, s. 31.

32. (1) For the purpose of those consultations, the employer shall make the
    following information readily accessible to employees at their
    workplace:

       1. A description of the consultation process.

       2. The results of the workforce survey.

       3. A summary of the results of the review of employment policies and
          practices.

       4. A description of the measures proposed to eliminate barriers.

    (2) An employer is not required to make information accessible to an
    employee if the information does not apply to his or her workplace or if
    it does not concern teh employment equity plan applicable in respect of
    the employee.

    (3) The employer may make the information readily accessible by
    posting it in the workplace or by positn a notice telling employees
    where in the workplace they may see it.

    (4) In information to be made accessible to employees, a reference to
    "one", "two", "three" or "four" members of a designated group must be
    amended to read "less than five" members before the information is made
    accessible.  O. Reg. 390/94, s. 32.

33. (1) An employee who is consulted under section 17 of the Act is
    entitled to spend whatever time that the employer considers is necessary,

       (a) to attend meetings with the employer or participate in the
           consultations, and

       (b) to carry out duties arising from any of those meeting or
           consultations.

    (2) Time that the employee spends on these activities is deemed to be
    work time for which the employee shall be paid at the regular or premium
    rate, as is appropriate.  O. Reg. 390/94, s 33.

                          Information for Employers

34. (1) The employees of an employer must be informed about the principles of
    employment equity befoe any steps are taken under the Act.

    (2) The employees must be told the purpose of the workforce survey before
    the survey is begun.

    (3) The employees must be told the purpose of the review of employment
    policies and practices before the review is begun.

    (4) The employees must be informed about the development and
    implementation of the employemtn equity plan that applies to them before
    the plan is prepared.

    (5) The employees must be told how each stage in the process of preparing
    and implementing an employment equity plan is to be accomplished.

    (6) The employer and the bargaining agent shall jointly preform the
    duties described in this section with respect to the employees
    represented by the bargaining agent.  O. Reg. 390/94, s. 34.

35. The following information must be posted under clause 18 (1) (b) of the
    Act:

       1. The summary of the Act and regulations made under it given to
          the employr by the Employment Equity Commission.

       2. A summary of the consultation process for each employment equity
          paln that applies in respect of the employees in the workplace.

       3. A description of how the implementation of the measures,
          timetables and numerical goals set out in each plan that applies
          in respect of those employees will be monitored.
          O. Reg. 390/94, s. 35.

36. (1) The following information must be posted under clause 18 (1) (b) of
    the Act or provided or made available under subsection 18 (3) of the
    Act to an employee:

       1. The employment equity plan that applies to the employee.

       2. Any reports prepared under section 39 or 40 relating to the
          employment equity plan that applies to the employee.

       3. Any order of the Employment Equity Tribunal or the Employment
          Equity commission that applies with respect to that plan.

    (2) In information to be provided to an employee, a reference to "one",
    "two", "three" or "four" members of a designate group must be amended
    to read "less than five" members before the information is provided.
    O. Reg. 390/94, s. 36.

                         Employment Equity Records

37. (1) An employer shall establish and maintain records concerning the
    designated group membership, if any, and the employment history of all
    employees.

    (2) An employer that is not a small employer shall also establish and
    maintain records on the occupational group classification of all
    employees.

    (3) The employer shall keep these records up to date.

    (4) The employer shall ensure that only those persons who are
    responsible for carrying out the employer's obligations undr the Act
    have access to the records described in this section.  
    O. Reg. 390/94, s. 37.

38. (1) An employer shall keep each employment equity plan and the
    information used tp prepare it for three year afterh the plan expires.

    (2) An employer shall keep workplace survey questionnaires and any other
    information used to prepare a workplace survey until the subsequent
    workplace survey is completed.  O. Reg. 390/94, s. 38.

                        Employment Equity Reports

39. (1) An employer shall prepare an initial report about each initial plan
    within six months after the plan comes into force.

    (2) The following employers shall submit the initial report:

        1. The Crown in right of Ontario.

        2. The designated employers in the broader public sector with 50
           or more employees.

    (3) The initial report of a small employer msut set out the following
    information:

        1. The number of employees to whom the plan applies and the number of
           members of each designated group when the plan came into force.

        2. The number of employees who returned a workforce survey
           questionnaire to the employer before the plan came into force and
           the number of those questionnaires in which the questions set out
           in Schedule 1 were completed.

        3. A description of the measures to be implemented during the term
           of the plan.

    (4) The initial report of an employer that is not a small employer must
    set out the following information for each geopgraphical area in which
    the pan applies:

        1. The number of employees in each occupational groups and the
           number of members of each designated group among them when the
           plan came into force.

        2. The number of permanent full-time employees, permanent part-time
           employees, term employees and seasonal employees and the number or
           members of each designated groups among them when the plan came
           into force.

        3. The number of employees who returned a workforce survey
           questionnaire to the employer before the plan came into force and
           the number of those questionnaires in which the questions set
           out in Schedule I were completed.

        4. A description of the measure to be implemented during the term of
           the plan.

    (5) The initial report of an employer that has 500 or more employees
    must also set out the number of employees in each salary group for each
    occupational group and the number of members of each designated group
    among them when the plan came into force.

    (6) In reporting the number of employees in each salary group, the
    employer is not required to indicate teh actual salaries in the salary
    range of each salary group.

    (7) An employer may include in the report other information that the
    employr considers relevant.  O. Reg. 390/94, s. 39.

40. (1) An employer shall prepare a report anout each employment equity plan
    within six months after the plan expires.

    (2) The following employers shall subnit the report:

        1. The Crown in right of Ontario.

        2. The designated employers in the broader public sector with 50 or
           more employees.

    (3) The report of a small employer msut set out the following
    information:

        1. The number of employees to whom the plan applies and the number
           of members of each designated group at the beginning and at the
           end of the term of the plan.

        2. The number of employees who returned a workforce survey
           questionnaire to the employer before the plan came into force
           and the number of those questionnaires in which the questions
           set out in Schedule I were completed.

    (4) The report of an employer that is not a small employer must set out
    the following information for each geopgraphica area in which the plan
    applies:

        1. The goals set out in the plan concerning the composition of the
           employer's workforce.

        2. The number of employees in each occupational group and the number
           of members of each designated groups among them at the beginning
           and at the end of the term of the plan.

        3. The number of permanent full-time employees, permantent part-time
           employees, term employees and seasonal employees and the number
           of members of each designated group among them at the beginning
           and at the end of the term of the plan.

        4. The number of employees who returned a workforce survey
           questionnaire to the employer before the plan came into force and
           the number of those questionnaires in which the questions set out
           in Schedule I were completed.

        5. The number of job openings during the term of the plan within each
           occupational group and the number of those opening that were
           filled by members of each designated group.

        6. The number of persons who ceased to be employed within each
           occupational group and the number of members of each designated
           group among those persons.

        7. A description of the measures implemented before the plan expired.

    (5) The report of an employer that has 500 or more employees must also
    set out the number of employees in each salary group for each
    occupational group and the number of members of each designated group
    among then at the beginning and at the end of the term of the plan.

    (6) In reporting the number of employees in each salary group, an
    employer is not required to indicate the actual salaries in the salary
    range of each salary group.

    (7) An employer may include in the report other information that the
    employer considers relevant.  O. Reg. 390/94, s. 40.

41. (1) Information about Aboriginal peole, people with disabilities and
    members of racial minorities in a report, other than information
    concerning numerical goals, must indicate the number of men and women
    that are members of each of those designated groups.

    (2) The determination of which employees are permanent full-time
    employees and which are permanent part-time employees is to be made in
    accordance with the employer's ordinary business practice.
    O. Reg. 390/94, s. 41.

                             Commencement

42. This Regulation comes into force on the day on which subsection 55 (1)
    of the Act comes into Force

         ------------------------------------------------------------

                                  Schedule I

                        WORKFORCE SURVEY QUESTIONNAIRE

1. For the purposes of employment equity, women are designated group.
   Are you
              Male___        Female___

2. For the purposes of employment equity, a person is an Aboriginal person
   if he or she is a member of the Indian, Inuit or Mˆtis people of Canada.

   Based on this description, do you consider yourself to be an Aboriginal
   person?
              Yes___         No___

3. For the purposes of employment equity, a person is a person with a
   disability if the person has a persistent physical, mental, psychiatric,
   sensory or learning impairment and,

   i.  the person considers himself or herself to be disadvantaged in
       employment by reason of that impairment, or

   ii. the person believes that an employr or potential employer is likely
       to consider the person to be disadvantaged in employment by reason
       of that impairment.

   Based on ths description, do you consider yourself to be a person with
   a disability?
              Yes___         No___

4. For the purposes of employment equity, a person is a member of a racial
   minority if the person is, because of his or her race or colour, in a
   visible minority in Ontario.  The fact that a person is an Aboriginal
   person does not make him or her a member of a racial minority.

   Based on this description, do you consider yourself to be a member of a
   racial minority?
              Yes___         No___

O. Reg. 390/94, Sched. I.

---

From: [email-masked] (Bob Levitt)
Date: 8 Mar 1995 02:05:30 GMT

These are my criticisms of the
                 (Ontario) Employment Equity Act, 1993

by: Bob Levitt

The Preamble

The preamble says certain groups experience higher levels of discrimination
in employment and promotion, especially in senior and management positions;
this law is to stop this.

This law is exclusionary as it doesn't cover everybody, thereby granting
more "rights" to some than to others by the arbitrary categories this
Act slots people into.

"It is caused in part by systemic and intentional discrimination in
employment."  That sentence seems to assume employers' both public sector
and private are inherently guilty.  Yet, this law does not cover all people
in our society.  Therefore it protects some and doesn't protect others.
This law might be seen by some employers as encouragement to discriminate
against some people by their very exclusion from this Act.

PART I

"Every employer shall implement positive measures with respect to the
recruitment, hiring, retention, treatment and promotion of Aboriginal
people, people with disabilities, members of racial minorities and women."
This seems to imply that these "designated groups" shall be considered
before others, (ie. the "non-designated group",) and this Act nor its
Regulations never make any references to qualifications nor merit in
making these considerations.

PART II

3 (5) "For the purposes of Parts III and IV, the number of employees that an
employer has on the effective date is deemed to be the greater of,
   (a) the actual number of employees that the employer has on that date; and
   (b) the greatest number of employees that the employer had at any time
       during the twelve-month period ending on that date."
The effects of this clause is that, should there be a decrease in the number
of employees during this period, the proportions of different "designated
groups" to be employed is based upon the highest rate of employment, giving
them a disproportionately high number.  To accomplish this, in times of
layoffs, there must be disproportionately high numbers of the "non-designated
groups" fired to abide by the law.  This has the effect of providing
"minority" layoff protection.  Is this fair?  I don't think it is.

7 (3) If an employer has fifty or more employees at any time after the
effective date, the Act applies to them.  If the number drops below 50
they now still have to abide by it as if they had over 50.  This will
probably lead to employers with under 50 employees not wanting to
expand out of the fear it may be just temporary.

PART III - OBLIGATIONS

15 (3) (b) "information with respect to the provisons of the revised plan
for the elimination of barriers and for the implementation of positive
measures, supportive measures and measures to accommodate members of the
designated groups."  This assumes that employers are automatically guilty
and financially responsible for "accomodations" to the designated groups.
They never actually define most of the terms they use but they appear to
mean special training and management programs not available to all employees.
Isn't that discriminatory?

18 (5) "A plan shall be made available in the workplace in such a manner
that it is accessible to all employees to whom it applies."  Does this
mean that the "non-designated group" have no right to see the employment
equity plan though it is likely to have an effects on their jobs?

19 (2) "The employer shall keep in the employer's records . . . only the
information, if any, that is provided by each employee about himself or
herself."  Since there is no obligation for the employee to fill out the
survey questionnaire, nor any apparent penalties if they fill it out
incorrectly, it is possible that "non-designated group" employees could
neutralize any effect of this law by falsely declaring on the questionniare
that they were a member of one or more of the "designated" groups, without
any fear of retribution.

PART IV - ENFORCEMENT

33 (2) If you are alleged to have intimidated, coerced, penalized or
discriminated against an employee, the employer must prove their
innocence.  (They are guilty until they prove their innocence!)
This appears to be contrary to the principles of British Common Law
on which we have based our whole justice system.  All it would take
is one disgruntled employee to make a false accusation to cost the
employer substantial time and money in trying to prove their innocence.
Nowhere in this Act does it state that the accuser must have any proof
of their allegations.

33 (1) (3) "An order requiring an employer to create an employment equity
fund to be used for the purposes and in the manner specified in the order."
The Employment Equity Tribunal can issue such an order, but nowhere in
this Act does it say when the Tribunal can issue such an order or for
what purpose?  What is supposed to be the purpose of such a fund?

37 (4) This clause appears to say the Employment Equity Tribunal can
override a collective agreement if it so wishes.  Should any government
body have this power?

38 (2) "A decision or an order of the Tribunal is final and conclusive for
all purposes."  There is no recourse if you disagree with the Tribunals
orders!  But what is this Tribunal?  Do the members have any judicial
experience or are they merely political appointees?  Are the hearings open
to the public or is it a closed (private) court?  Can we trust a court 
of last recourse that is not open to public scrutiny?

43 The Tribunal can levy fines of up to $50,000.  Going back to subsection
   33 (2), if someone accuses you of intimidation you have to prove your
   innocence or face a fine, possibly as high as $50,000.  Is that just?

46.-(1) "The Employment Equity Commission has the following functions:"
         "3. To conduct research and develop policy in relation to
          employment equity."
Shouldn't policy be set by the elected Legislature and not by bureaucrats?
Isn't it the duty of the bureaucracy to carry out policy and enforcement;
not to define it?  It seems like the Employment Equity Commission is
being empowered to run itself as it wishes.

PART VI - MISCELLANEOUS AND REGULATIONS

54.-(1) "It is a condition of evey contract entered into by or on behalf of
the Crown or an agency of the Crown that every other party to the contract
shall comply with Part III to the extent that the party has obligations under
that Part."
(2) "Subsection (1) also applies with respect to subcontracts entered into
in the performance of a contract described in subsection (1)."
(3) "It is a condition of every grant, contribution, loan or guarantee made
by or on behalf of the Crown or an agency of the Crown that the person to
whom the grant, contribution, loan or guarantee is made comply with Part III
to the extent that the party has obligations under that Part."

This seems like a draconian law to anybody who receives any money from the
government; obey the demands of the Employment Equity Commission and Tribunal
or you will be financially punished.  But wait it gets even worse.

(4) "A finding by the Employment Equity Tirubnal that Part III has been
breached is conclusive proof of a breach of the condition."  ie. If the
closed session private court says you are guilty you must be guilty and
you have no recourse.  (I though this was supposed to be a free country!)

And finally: (5) "The breach is sufficeint grouds for the cancellation of
the contract, subcontract, grant, contribution, loan or guarnatee and for
the refusal to enter into any further contract with or make any further
grant, contribution, loan or guarantee to the same person."  So if the
Employment Equity Tribunal says you are guilty you not only lose your
contract (grant or loan) but you might never get another one from the
provincial governemtn ever again.

55 (1) (22) "governing consultation by employers with employes in
accordance with section 17 and governing payment to employees for time spent
for the purpose of consultation."  So you have to spend time and money in
following the government's regulations, but you also have to pay your
employees for the time they spend on it too.  This Act only seems to
dramatically increase the complexity of running a business, and to increase
its costs too.  Will this Act drive businesses into bankruptcy?  Will it
drive businesses out of Ontario?

55 (2) " A regulation governing the content of employment equity plans may
require plans to contain numerical goals determined in a manner prescribed by
the regulation.  It may provide that the goals shall be determined with
reference to percentages approved by the Commission that, in the opinion
of the Commission, fairly reflect the representation of the designated
groups in the population of a geographical area or in any other group of
people."  Using percentages of the "designated groups" as the basis of
employment goals sure sounds like quotas to me!  And they never mention
exceptions if you can't find qualified people to meet their quotas.

PART VII

56. "The Human Rights Code is amended by adding the following sections:"

14.1-(1) "A right under Part I (of the Human Rights Code) is not infringed
because positive measures or numerical goals that are contained in an
employment equity plan under the Employment Equity Act, 1993 are restricted
to members of the designated groups identified under Section 4 of that Act."
So it now appears to be legal thanks to changes in Ontario's Human Rights
Act to discriminate against the non-designated group (ie. non-visible
minority, non-Aboriginal, not disabled and not female).  This is undeniably
discrimination.

41.1 (2) & (3) This subsection seems to be one permitting punitive measures
to be imposed on the employer, but these are not allowed to be considered
part of the employment equity plan.

                             REGULATIONS

ONTARIO GAZETTE - DEFINITIONS

3. (1) "For the purposes of the act, a member of a racial minority is a
person who, because of the person's race or colour, is in a visible
minority in Ontario."
This clause still does not adequately explain what is a visible minority?
Does that mean that there are invisible minorities, but this law
does not apply to them and is therefore inherently discriminatory?

ONTARIO GAZETTE - GENERAL

Section 3 discusses the geographic bases census data that is used to set
the employment equity plan goals (quotas).  The goals are solely based on
community proportions of the designated groups without any consideration made to the occupational skills of the people available.

17. (1) "5. A description of the timetable for implementing the measures and
            achieving the numerical goals."
18. (1) "For each designated group, the employment equity plan must state a
         numerical goal for each occupational group in the workforce covered
         by the plan."
    (3) "A numerical goal is th proportion of job openings in the
         occupational group that will be filled by members of the
         designated group."
    (5) "In this section, 'job opening' means,
       (a) an opportunity for a person to be hired as an employee or the
           employer into the job;
       (b) an opportunity for an employee of the employer to be promoted
           within the occupational group;
       (c) an opportunity for an employee to be promoted or transferred
           into another occupational group;"
These seem sure seems to be quotas as to how many Aboriginals, people with
disabilities, women and racial minorities must be hired and promoted.

19. (1) 2. "The number of designated group members in the employer's entire
            workforce who have the necessary skills for entry into positions
            in the occupational group or who the employer could reasonably
            be expected to train to have those skill."
This appears to say that the employer is obliged under this law to train only
people in the designated groups for promotions, but have no similar
responsibility to the "non-designated" group.  As to what the "employer could
reasonably be expected to train" is never defined in the law and is up to the
Employment Equity Commission and Employment Equity Tribunal to decide.

Schedule 1 - Workforce Survey Questionnaire

This questionnaire on which everything is based asks the employee to
volunarily categorize themselves.  The two biggest questions about
this questionnaire are in regards to questions 3 and 4.

Based upon the definition given in question 3, a person who has always
had a bit of a long-term problem with occasionally sore backs but who
considers this to be a disadvantage in employment can consider themselves
to be a person with a disability.

Question 4 gives the definition of being a racial minority, as being a
"visible minority".  Does that mean that if two people are siblings, but
one is not visibly a minority they are not a racial minority under this
law, yet their sibling who is visibly a minority is a racial minority?
Maybe anybody could consider themselves a minority under this definition?

CONCLUSION

This law certainly seems to be discriminatory against the "non-designated
group".  I feel that a law should apply to everybody or it shouldn't apply
to anybody.

The law is unnecessarily complex and appears to add substantially to the
workload, paperwork and expenses of the company, with no government
restitution provided for these expenses.  This complexity of course means
a large and complex bureaucracy to manage and enforce this Act; at a very
large expense to the public.

There seems to be few checks and balances in this system.  The bureaucrats
in the Employment Equity Commission and Tribunal appear to have relatively
unrestricted power under their mandate.  This together with the fact
that the actual policies of what are acceptable plans and what aren't
are mainly set within the department and are not spelt out clearly in
the Act (for employers,) makes this system very open to abuse; it even
seems to encourage it.

Bob Levitt

[email-masked]