Canadian Forces Employment Equity Regulations

Extract

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Canadian Forces Employment Equity Regulations

Vol. 136, No. 25 — December 4, 2002

RegistrationSOR/2002-421 21 November, 2002

EMPLOYMENT EQUITY ACT

Canadian Forces Employment Equity RegulationsP.C. 2002-1957 21 November, 2002

Whereas, pursuant to paragraph 4(1)(d) of the Employment Equity Act  , the Canadian Forces have been specified as a portion of the public sector employing one hundred or more employees by Order in Council P.C. 2002-1956 of November 21, 2002;

And whereas, pursuant to subsections 41(5) and (6) of that Act, the Governor in Council, on the recommendation of the Treasury Board and the Minister of Labour, after consultation with the Minister of National Defence, considers it necessary to make regulations to adapt the provisions of that Act to accommodate the Canadian Forces, taking into account their operational effectiveness;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Treasury Board and the Minister of Labour, pursuant to section 41 of the Employment Equity Act  , hereby makes the annexed Canadian Forces Employment Equity Regulations.

  CANADIAN FORCES EMPLOYMENT EQUITY REGULATIONS   INTERPRETATION Definitions 1. (1) The following definitions apply in these Regulations. "Act" « Loi » "Act" means the Employment Equity Act. "Canadian Forces member" « membre des Forces canadiennes » "Canadian Forces member" means an individual described in subsection 4(1). "military occupation" « groupe professionnel militaire  » "military occupation" means a military occupation set out in column 2 of Part 1 or 2 of Schedule 1. "military occupational group" « catégorie professionnelle militaire » "military occupational group" means a military occupational group set out in column 1 of Part 1 or 2 of Schedule 1. "reporting period" « période de rapport » "reporting period" means (a) for the first report that the Chief of the Defence Staff provides to the President of the Treasury Board under subsections 21(3) and (4) of the Act, the period beginning on the day of the coming into force of these Regulations and ending on March 31, 2003; and (b) for any subsequent report, the fiscal year preceding that report. Other definitions (2) Unless otherwise provided, all words and expressions used in these Regulations have the same meaning as in the National Defence Act or the regulations made under that Act. Definitions for the purposes of the Act 2. For the purposes of the Act insofar as it applies to the Canadian Forces, "employee" « salarié » "employee" means a Canadian Forces member. "hired" « recrutement », « engagement » ou « embauche » "hired" means enrolled as a Canadian Forces member under section 20 of the National Defence Act. "occupational group" « catégorie professionnelle » "occupational group" means a military occupational group. "promoted" « avancement » ou « promotion » "promoted", in respect of a Canadian Forces member, means promoted under section 28 of the National Defence Act. "salary" « rémunération » "salary" means the pay issued to Canadian Forces members at the rates and under the conditions prescribed under subsection 12(3) and section 35 of the National Defence Act. "terminated" « cessation de fonctions » ou « cessation d'emploi » "terminated" has the same meaning as "release" in subsection 2(1) of the National Defence Act.   PURPOSE Adaptation of the Act 3. (1) Pursuant to section 41 of the Act, the purpose of these Regulations is to adapt the provisions of the Act to accommodate the Canadian Forces, taking into account the need for their operational effectiveness. Other regulations (2) Unless otherwise indicated, no other regulations made under the Act apply to the Canadian Forces. Members of the Forces 4. (1) The Act and these Regulations apply to Canadian Forces members — both officers and non-commissioned members — who are serving (a) in the regular force; or (b) in the reserve force and have been paid, as of March 31 in the reporting period, for 75 days or more of reserve service. Special force (2) The Act and these Regulations do not apply to Canadian Forces members who are serving in the special force.   GENERAL Obligations of Chief of the Defence Staff 5. The Chief of the Defence Staff, acting within the scope of the Chief of the Defence Staff's powers, duties and functions under section 18 of the National Defence Act, is responsible, in relation to the Canadian Forces, (a) for carrying out the obligations of an employer under the Act; and (b) for the application of these Regulations. Scope of obligation 6. For the purposes of section 6 of the Act, the obligation to implement employment equity does not require the Chief of the Defence Staff (a) to enrol, re...

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