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Appendix B

Province & Territory-Specific Considerations

Although federal legislation exists, most ENGOs are governed by provincial and territorial laws when they implement employment equity programs. This Appendix lists key information that is specific to each province and territory. The Legal Requirements sections outline the laws and regulations you must follow for your special program, where the Human Rights Commission Guidance sections details the steps that they recommend.

Please note that although HRC guidance is not legally binding, it does reflect their suggested best practices and strategies. The HRC guidance also gives a sense of what information they may ask you to provide if you seek pre-approval, or in the event that a legal challenge or complaint about your special program is brought against your organization.

Jump to Your Jurisdiction

Alberta

Protected Grounds of Discrimination: Race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, and sexual orientation.

Reference: https://albertahumanrights.ab.ca/media/fghkvj2e/protected-areas-and-grounds.pdf (pages 1-3)

Legal Requirements

Alberta Human Rights Act, RSA 2000, c A-25.5

Ameliorative policies, programs and activities

10.1 It is not a contravention of this Act to plan, advertise, adopt or implement a policy, program or activity that

  1. has as its objective the amelioration of the conditions of disadvantaged persons or classes of
    disadvantaged persons, including those who are disadvantaged because of their race, religious
    beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability,
    age, ancestry, place of origin, marital status, source of income, family status or sexual orientation,
  2. achieves or is reasonably likely to achieve that objective.
Reasonable and justifiable contravention

11 A contravention of this Act shall be deemed not to have occurred if the person who is alleged to
have contravened the Act shows that the alleged contravention was reasonable and justifiable in the
circumstances.

Human Rights Commission Guidance (Alberta HRC)

  • It was designed with the objective to improve the conditions of a certain group of persons.
  • The group of people are disadvantaged, including whether they are disadvantaged based on one of the grounds under the Act.
  • It achieves or is reasonably likely to achieve that ameliorative objective.

Reference: https://albertahumanrights.ab.ca/media/fghkvj2e/protected-areas-and-grounds.pdf (pages 1-3)

Employment Equity Resources

Alberta Human Rights Commission Contact Information

 

British Columbia

Protected Grounds of Discrimination: Age, family status, marital status, physical disability, mental disability, race, colour, place of origin, ancestry, Indigenous identity, sex, gender identity or expression, sexual orientation, religion, criminal conviction, political belief, and source of income.

Reference: https://bchumanrights.ca/human-rights/human-rights-in-bc/

Legal Requirements (Human Rights Code)

Human Rights Code, RSBC 1996, c 210

Special Programs

42 (1) It is not discrimination or a contravention of this Code to plan, advertise, adopt or implement an
employment equity program that

  • has as its objective the amelioration of conditions of disadvantaged individuals or groups who are disadvantaged because of Indigenous identity, race, colour, ancestry, place of origin, physical or mental disability, sex, sexual orientation, or gender identity or expression, and
  • achieves or is reasonably likely to achieve that objective.

[…]

(3) On application by any person, with or without notice to any other person, the commissioner
may approve any program or activity that has as its objective the amelioration of conditions of
disadvantaged individuals or groups.

(4) Any program or activity approved under subsection (3) is not in contravention of this Code.

Human Rights Commission Guidance (B.C. Human Rights Commission)

  • The individuals or groups the program will target; B.C. recognizes the following five disadvantaged groups: Indigenous peoples, racialized individuals, people with disabilities, women, and transgender individuals
  • The proposed eligibility criteria for the program, including how membership in a target group will be assessed (e.g. self-identification).
  • The anticipated timeframe for the program, including the requested duration of special program approval (typically five years with the option to renew).
  • Identify the disadvantage that the special program is intended to address, and how the special program is designed to address this disadvantage.
  • Identify the anticipated benefits of the special program and how you will define program success.
  • Describe how the special program will be monitored on an ongoing basis and which metrics will be used to measure program outputs and outcomes. Metrics should relate to the anticipated benefits and definition of success.
  • Identify any third parties affected by the special program: (i.e.: unions, employee associations, local Indigenous groups, etc.) and obtain a written statement from the third party setting out its position on the special program. If no third parties have been identified, describe how you have consulted with employees or other people who may be affected by the special program.

Employment Equity Resources

British Columbia Office of the Human Rights Commissioner Contact Information

Manitoba

Protected Grounds of Discrimination: Ancestry, Nationality or national origin, Ethnic background or origin, Religion or creed, or religious belief, religious association, or religious activity, Age, Sex, including gender-determined characteristics, such as pregnancy, Gender-identity, Sexual orientation, Marital or family status, Source of income, Political belief, political association or political activity, Physical or mental disability, and Social disadvantage. The Code prohibits discrimination that is based on other group stereotypes, rather than on individual merit. In some cases, treating someone differently based on group stereotypes, rather than on individual merit, may also meet the definition of discrimination under The Code.

Reference: https://manitobahumanrights.ca/education/pdf/guidelines/guideline_specialprograms.pdf

Legal Requirements

The Human Rights Code, CCSM c H175

PART II
PROHIBITED CONDUCT AND SPECIAL PROGRAMS

Affirmative action, etc. permitted

11 Notwithstanding any other provision of this Code, it is not discrimination, a contravention of this
Code, or an offence under this Code

[…]

  • to plan, advertise, adopt or implement an affirmative action program or other special program that
    • has as its object the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection 9(2), and
    • achieves or is reasonably likely to achieve that object.

Human Rights Commission Guidance (Manitoba HRC)

  • The program objective must be the amelioration of conditions of disadvantaged individuals or groups.
  • Identification of Target Group(s):
    • Each target group must be clearly defined as a disadvantaged class in the specific context being examined.
    • Target group(s) definitions will specify eligibility criteria for each program (e.g., self-declaration of ethnic origin, documented income verification).
    • Include documentation to demonstrate the disadvantaged status of the target group unless the Commission has already determined this through its own research. Explain how proposed measures will alleviate hardship or discrimination and detail any reviews of relevant practices, policies, and consultations with the target group(s).
    • Ensure the program does not unreasonably restrict eligibility, especially in ways that may be deemed discriminatory under The Code, maintaining a clear link between restrictions and the program’s purpose.
    • While broad eligibility is preferred, special programs do not need to encompass all disadvantaged groups to avoid discrimination. Programs targeting specific groups to alleviate their disadvantages may restrict eligibility accordingly.
  • Goals and Timetables: Affirmative action plans should outline goals and time- tables for achieving desired participation and retention rates for target group(s). These goals must be realistic and demonstrate to the Commission that equality of access and participation is the primary objective. Special measures addressing the specific needs of target group(s) should include measurable criteria for evaluating outcomes and, if needs may change over time, a monitoring method to assess those needs.
  • Implementation: The special program should demonstrate a well-designed implementation plan which is likely to ensure the effective delivery of the program and the attainment of the stated objectives. The plan must also ensure that the program does not undermine the dignity or status of the target groups. For example, a program which superficially creates employment opportunities but contains certain conditions of employment which offend the dignity of participants would not meet this standard.
  • Data: Although as a general rule, questions relating to group characteristics set out in The Code are prohibited, reasonable data collection for the monitoring and evaluation of a special program may be permitted. Such collection must however be done with due regard to the privacy concerns of the affected individuals. Provision of such information should be on a voluntary basis. Data may also be collected if the information is used to demonstrate under-representation of particular groups or other forms of hardship or disadvantage. Data collection of this type can, for example, determine the racial profile of the workforce in order to put into place a program.

Employment Equity Resources

Manitoba Human Rights Commission Contact Information

Newfoundland and Labrador

Protected Grounds of Discrimination: Race, colour, nationality, ethnic origin, social origin, religious creed, religion, age, disability/perceived disability, disfigurement, sex (which includes pregnancy), sexual orientation, marital status, family status, gender expression and/or gender identity, source of income, and political opinion.

Reference: https://thinkhumanrights.ca/resources/legal-guidelines/ employers-guide-to-the-human-rights-act/

Legal Requirements

Human Rights Act, 2010, SNL 2010, c H-13.1

Special programs

8. (1) On the application of a person, the commission may approve programs designed to prevent, reduce or eliminate disadvantages respecting services, facilities, accommodation or employment that may be or are suffered by a group of individuals where those disadvantages would be, or are based on or related to, a prohibited ground of discrimination of members of that group.

(2) Before or after the commission approves a program, the commission may

  • make inquiries concerning the program;
  • vary the program;
  • impose conditions on the program; or
  • withdraw approval of the program

as it thinks appropriate.

(3) Nothing done in accordance with a program approved under this section is a violation of this Act.

 

Human Rights Commission Guidance (HRC, Newfoundland and Labrador)

  • Program Objective: The program must be designed to prevent, reduce, or eliminate disadvantaged conditions of the target group as determined by the information submitted to the Commission. The applicant must clearly set out the goal of the program. Where the purpose of the program is to increase numbers of a designated group, the goal should be expressed in numbers and percentages. Goals and timetables should also be identified. These goals should be based on the extent of the under-representation identified and on the availability of members of the target or protected groups who are qualified or can become qualified.
  • Definition of the Target Group: The target group must be clearly defined to ensure there is no ambiguity as to who is eligible for participation in the program. Broad definitions would likely extend the program to unintended groups or could result in restrictions on the rights or opportunities of others. For example, a service targeted to individuals with disabilities could potentially encompass both physical and mental disabilities, while the program may have been originally designed to assist only those with physical disabilities. It could in reality be ineffective in assisting those with mental disabilities if it was not created with that goal in mind. The intended target group must therefore be clearly specified.
  • Method of Identification: There must be a suitable method for determining eligibility to participate in the program. Identification may be voluntary i.e. self-declaration on an employment application, or mandatory i.e. presentation of an identification card indicating age etc.
  • Analysis of the Disadvantaged Status: In order to determine if the requested program will meet the goals of prevention, reduction or elimination of disadvantages of a target group, data will be required. The Commission will use this data to determine the nature and degree of the disadvantaged status of the target group. Data on socio-economic indicators such as unemployment rates, labour force participation rates, occupational representation, levels of income, education levels and other relevant data which demonstrates the disadvantages of the group, should be provided to the Commission.
  • Program Content: There must be a well-designed plan to ensure the program is delivered and that the goal is attained. The program must be implemented in a manner which recognizes and maintains the dignity and self-respect of the participants or target groups. The applicant should provide information regarding how the program will be implemented.
  • Evaluation Procedures: Section 8 of the Act specifically authorizes the Commission to make inquiries of the program, vary or impose conditions on the program or withdraw its approval of the program. In order to ensure the objectives are met, it is important to have criteria which can measure the effectiveness of the program. Program reviews or evaluations should be conducted. The Commission can impose timelines on the operation of the program i.e. for a one year period. The Commission will also often require the applicant to report back to the Commission with respect to the effectiveness of the program and how it impacted the target group.

Employment Equity Resources

Human Rights Commission, Newfoundland and Labrador Contact Information

New Brunswick

Protected Grounds of Discrimination: Race, Colour, National Origin, Ancestry, Place of Origin, Creed of religion, Age, Physical disability, Mental disability, Marital status, Family status, Sex (including pregnancy), Sexual orientation, Gender identity or expression, Social condition (includes your source of income, level of education and type of occupation), and Political belief or activity. The Act has additional protections for sexual harassment and reprisal (i.e. when you are treated negatively because you filed a human rights complaint, or you helped with an existing complaint).

Reference: https://www2.gnb.ca/content/gnb/en/departments/nbhrc/human-rights-act/human-rights-in-new-brunswick–plain-language-.html

Reference: https://www2.gnb.ca/content/dam/gnb/Departments/hrc-cdp/PDF/SpecialPrograms-Guidelines.pdf

Legal Requirements

Human Rights Act, RSNB 2011, c 171

Commission may approve programs

14(1) On the application of any person, or on its own initiative, the Commission may approve a program to be undertaken by any person designed to promote the welfare of any class of persons.

14(2) At any time before or after approving a program, the Commission may do any of the following as the Commission thinks fit:

  • make inquiries concerning the program;
  • vary the program;
  • impose conditions on the program; or
  • withdraw approval of the program.

14(3) Anything done in accordance with a program approved under this section is not a violation of the provisions of this Act.

Human Rights Commission Guidance (New Brunswick HRC)

  • Consultation and Supporting Data: A special program should be developed through consultation, and by identifying a rationale, supporting data, eligibility criteria, and an evaluation method. When all these factors have been considered in setting up a program, the likelihood of legal challenges by persons outside the designated groups would be minimal.
  • Timeframes and Projections: The projected goals, timeframes, and objectives of a special program must be clearly established in measurable criteria.
  • Evidence of Amelioration and Program Evaluations: A special program must document with clear evidence (numbers and statistics) the gains achieved by the program, to indicate the extent it has ameliorated the disadvantage of its target groups.
  • Target Groups: A special program should clearly define the target group that it intends to benefit, so that eligibility for participation in the program is unambiguous. If the definition of the target group is too broad, it may be misconstrued that the program’s benefits extend to groups that are not intended as program beneficiaries.
  • Pursuit of Substantive Equality: Special programs must be designed to advance the core values of equality, non-discrimination, and inclusion; they should create conditions of equality within the sphere of their mandate, by eliminating the barriers to equality faced by the target groups identified as the program’s beneficiaries.
  • Evidence of Disadvantage: Special programs must respond to a real disadvantage being experienced by the beneficiary group; the scope of the disadvantage must be backed by statistical data. Through data analysis, implementers of the special program must be able to show the equality gap the program would bridge.
  • Assessment of Organizational Policies: To assess if a special program is required within an organization, employers should thoroughly review their policies to identify any employment-related barriers faced by historically disadvantaged groups.

Employment Equity Resources

New Brunswick Human Rights Commission Contact Information

Northwest Territories

Protected Grounds of Discrimination: Race, Colour, Ancestry, Place of origin, Ethnic origin, and Nationality, Religion or Creed, Age, Disability, Sex (including pregnancy), Sexual orientation, Gender identity, Gender expression, Marital status, Family status, Family affiliation, Political belief, Political association, Social condition, Pardoned criminal conviction or Record suspension.

Legal Requirements

Human Rights Act, SNWT 2002, c 18

Part 6

Affirmative Action Programs

67. (1) Nothing in this Act precludes any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection 5(1).

Previously approved programs

(2) Any program designed to promote the welfare of any class of individuals that was approved under section 9 of the Fair Practices Act, R.S.N.W.T. 1988, c.F-2, is deemed, for the purposes of subsection (1), to be a program that has as its object the amelioration of conditions of disadvantaged individuals or groups

Human Rights Commission Guidance and Employment Equity Resources (Northwest Territories HRC)

None available.

Northwest Territories Human Rights Commission Contact Information

Nova Scotia

Protected Grounds of Discrimination: Age, Race, Colour, Religion, Creed, Ethnic, national or aboriginal origin, Sex (including pregnancy and pay equity), Sexual orientation, Physical disability, Mental disability, Family status, Marital status, Source of income, Harassment (and sexual harassment), Irrational fear of contracting an illness or disease, Association with protected groups or individuals, Political belief, affiliation or activity, Gender Identity, Gender Expression, Retaliation.

Reference: https://humanrights.novascotia.ca/know-your-rights/individuals

Legal Requirements

Human Rights Act, RSNS 1989, c 214

PART I DISCRIMINATION PROHIBITED

Exceptions
6 Subsection (1) of Section 5 does not apply

  • […]
  • (i) to preclude a law, program or activity that has as its object the amelioration of conditions
    of disadvantaged individuals or classes of individuals including those who are disadvantaged
    because of a characteristic referred to in clauses (h) to (v) of subsection (1) of Section 5.

Exemption by Commission
9 Notwithstanding anything in this Act, the Commission may exempt a program or activity from subsection (1) of Section 5, or a part thereof, where, in the opinion of the Commission, there is a bona fide reason to do so.

PART II HUMAN RIGHTS COMMISSION

Approval of program
25 The Commission may approve programs of Government, private organizations or persons designed to promote the welfare of any class of individuals, and any approved program is deemed not to be a violation of the prohibitions of this Act.

Race Relations, Equity and Inclusion
26A (1) There is hereby established a division within the Commission to be known as Race Relations, Equity and Inclusion under the direction of the Manager of Race Relations, Equity and Inclusion.

(2) Race Relations, Equity and Inclusion

  • (a) shall develop and recommend programs and policies to promote racial harmony and to eliminate barriers to the full participation of members of racial minorities in society;
  • (b) shall assist Government, departments and agencies of Government, non-Government
    organizations and the private sector to develop policies on race relations;
  • (c) shall monitor implementation of policies on race relations adopted by Government or a department of Government, including the implementation of affirmative action and settlement agreements; and
  • (d) may, on application by any person, give such advice and assistance with respect to the adoption or carrying out of a program, plan or arrangement as will foster good relations between races and cultures.

Human Rights Commission Guidance (Nova Scotia Human Rights Commission)

Although there are no resources available on their website, Nova Scotia is the only jurisdiction in Canada that has established a Race Relations, Equity, and Inclusion (RREI) unit within their HRC. These staff provide expert advice and support to government, community organizations and businesses across Nova Scotia to address and prevent systemic discrimination and work towards creating a more inclusive society. The mandate of the Commission is supported through the work of the Mi’kmaq/ Indigenous Liaison and Education Officer and the African Nova Scotian Liaison and Education Officer. Find more information here.

Employment Equity Resources

None available.

Nova Scotia Human Rights Commission Contact Information and Resources

Nunavut

Protected Grounds of Discrimination: Race, Colour, Ancestry, Ethnic origin, Citizenship, Place of origin, Creed, Religion, Age, Disability, Sex, Sexual orientation, Marital status, Family status, Pregnancy, Lawful source of income, Pardoned conviction.

Reference: https://nhrt.ca/wp-content/uploads/2020/02/EN_GUIDE_what_is_the_human_rights_act.pdf

Legal Requirements

Human Rights Act, CSNu, c H-70

Affirmative action programs
7 (2) Nothing in this Act precludes any law, program or activity that has as its objective the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection (1), and that achieves or is likely to achieve that objective.

Previously approved programs
(3) Any program designed to promote the welfare of any class of individuals that was approved under section 9 of the Fair Practices Act, R.S.N.W.T. 1988, c.F-2, is deemed, for the purposes of subsection (1), to be a program that has as its objective the amelioration of conditions of disadvantaged individuals or groups and that achieves or is likely to achieve that objective.

Human Rights Commission Guidance (Nunavut Human Rights Tribunal)

None available.

Employment Equity Resources (Nunavut Human Rights Tribunal)

None available.

Nunavut Human Rights Tribunal Contact Information

Ontario

Protected Grounds of Discrimination: Race, colour or ethnic background, Religious beliefs or practices, Ancestry, Place of origin, Citizenship, Sex (including pregnancy), Gender identity, Gender expression, Family status, Marital status, including those with a same-sex partner, Disability, Sexual orientation, Age, Receipt of public assistance (in housing), Record of offences (in employment).

Reference: https://www3.ohrc.on.ca/sites/default/files/Your%20guide%20to%20Special%20programs%20and%20the%20Human%20Rights%20Code_2013.pdf

Legal Requirements

Human Rights Code, RSO 1990, c H.19

PART II INTERPRETATION AND APPLICATION

Special programs
14 (1) A right under Part I is not infringed by the implementation of a special program designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity or that is likely to contribute to the elimination of the infringement of rights under Part I.

Application to Commission
(2) A person may apply to the Commission for a designation of a program as a special program for the purposes of subsection (1).

n.b. must be renewed every five years (section 50 of the HR Code)

Designation by Commission (3)
Upon receipt of an application, the Commission may,

  • (a) designate the program as a special program if, in its opinion, the program meets the requirements of subsection (1); or
  • (b) designate the program as a special program on the condition that the program make such modifications as are specified in the designation in order to meet the requirements of subsection (1).

Inquiries initiated by Commission (4)
The Commission may, on its own initiative, inquire into one or more programs to determine whether the programs are special programs for the purposes of subsection (1).

End of inquiry
(5) At the conclusion of an inquiry under subsection (4), the Commission may designate as a special program any of the programs under inquiry if, in its opinion, the programs meet the requirements of subsection (1).

Expiry of designation
(6) A designation under subsection (3) or (5) expires five years after the day it is issued or at such earlier time as may be specified by the Commission.

Renewal of designation
(7) If an application for renewal of a designation of a program as a special program is made to the Commission before its expiry under subsection (6), the Commission may,

  • (a) renew the designation if, in its opinion, the program continues to meet the requirements of subsection (1); or
  • (b) renew the designation on the condition that the program make such modifications as are specified in the designation in order to meet the requirements of subsection (1).

Effect of designation, etc. (8)
In a proceeding,

  • (a) evidence that a program has been designated as a special program under this section is proof, in the absence of evidence to the contrary, that the program is a special program for the purposes of subsection (1); and
  • (b) evidence that the Commission has considered and refused to designate a program as a special program under this section is proof, in the absence of evidence to the contrary, that the program is not a special program for the purposes of subsection (1).

Tribunal finding
(10) For the purposes of a proceeding before the Tribunal, the Tribunal may make a finding that a program meets the requirements of a special program under subsection (1), even though the program has not been designated as a special program by the Commission under this section, subject to clause (8) (b).

Human Rights Commission Guidance (Ontario HRC)

  • Program Rationale
  • Data collection
  • Eligibility Requirements
  • Evaluating the Program
  • Planning and Consultation

Please see the previous 3-step process for more details, which is based on the guidance from the Ontario human Rights Commission.

Employment Equity Resources

Contact Information

Prince Edward Island

Protected Grounds of Discrimination: Race or Colour, Ethnic or National Origin, Sex or Gender Identity (Including Pregnancy and Sexual Harassment), Creed or Religion, Criminal Conviction, Family or Marital Status, Physical or Intellectual Disability (Including Addiction and Drug and Alcohol Testing), Political Belief, Sexual Orientation, Source of Income.

Reference: https://www.gov.pe.ca/photos/sites/humanrights/file/Workplace%20Rights-english-web.pdf

Legal Requirements

Human Rights Act, RSPEI 1988, c H-12

PART II — HUMAN RIGHTS COMMISSION

20. Approved programs
The Commission may approve programs of government, private organizations or persons designed to promote the welfare of any class of individuals, and any approved program shall be deemed not to be a violation of the prohibitions of this Act.

Human Rights Commission Guidance (Prince Edward Island HRC)

None available

Employment Equity Resources (Prince Edward Island HRC)

None available

Prince Edward Island Human Rights Commission Contact Information

Quebec

Protected Grounds of Discrimination: Race, Colour, Sex, Gender identity or gender expression, Pregnancy, Sexual orientation, Civil status, Age, Religion, Political convictions, Language, Ethnic or national origin, Social condition, and Disability.

Legal Requirements (Charter of Human Rights and Freedoms and Regulation respect- ing Affirmative Action Programs)

PART III AFFIRMATIVE ACTION PROGRAMS

86. The object of an affirmative action program is to remedy the situation of persons belonging to groups discriminated against in employment, or in the sector of education or of health services and other services generally available to the public.

An affirmative action program is deemed non-discriminatory if it is established in conformity with the Charter.

An equal access employment program is deemed not to discriminate on the basis of race, colour, gender or ethnic origin if it is established in accordance with the Act respecting equal access to employment in public bodies (chapter A-2.01).

87. [not in force] Every affirmative action program must be approved by the Commission, unless it is imposed by order of a tribunal.

The Commission shall, on request, lend assistance for the devising of an affirmative action program.

88. If, after investigation, the Commission confirms the existence of a situation involving discrimination referred to in section 86, it may propose the implementation of an affirmative action program within such time as it may fix.

Where its proposal has not been followed, the Commission may apply to a tribunal and, on proof of the existence of a situation contemplated in section 86, obtain, within the time fixed by the tribunal, an order to devise and implement a program. The program thus devised is filed with the tribunal which may, in accordance with the Charter, make the modifications it considers appropriate.

89. The Commission shall supervise the administration of the affirmative action programs. It may make
investigations and require reports.

91. A program contemplated in section 88 may be modified, postponed or cancelled if new facts warrant it.

[…]

HRC Guidance (Voluntary Programs)

Reminder: Designing a PAEE (Equal Employment Opportunity Program) is vol- untary for ENGOs in Quebec. The only organizations in Quebec that are required to design PAEEs are public bodies in certain sectors (that do not include ENGOs) with 100 or more employees. Companies with more than 100 employees must implement a contractual obligation program if they are bidding for a contract for goods or services valued at $100,000 or more OR obtain a grant of $100,000 or more. (Ref: https://www.cdpdj.qc.ca/fr/nos-services/activites-et-services/en-savoir-plus-sur-les-programmes-dacces-legalite-en-emploi)

  • Program Objectives
    • Ensure fair representation of people from groups that experience discrimination in all types of employment in an organization or business
    • Identify and correct human resources management rules and practices that could potentially exclude or disadvantage people from groups that are victims of discrimination
  • Equal Access Program Content: An equal access to employment program mainly includes the following elements:
    • the quantitative objectives pursued;
    • temporary relief measures specific to members of the targeted groups;
    • equal opportunities measures applying to all staff;
    • a timetable for implementing the proposed measures and achieving the objectives pursued.
  • Employer’s Obligations: Under the various programs, the employer must:
    • analyze its workforce to determine the number of people in each of the target groups for each type of job;
    • develop a program;
    • implement a program and take reasonable measures to achieve the quantitative objectives pursued according to the planned schedule;
    • report to the Commission on the implementation of the programme, stating the measures taken and the results obtained;
    • ensure that equality is maintained after the program objectives have been achieved.
  • The role of the Commission
    • support public bodies and private companies that develop and implement a PAÉE;
    • check the elements making up a program;
    • provide awareness-raising activities and training to correct and prevent systemic discrimination in employment.

Employment Equity Resources

Commission Des Droits de la Personne et des Droits de la Jeunesse Quebec Contact Information

Saskatchewan

Protected Grounds of Discrimination: Religion, Creed, Marital Status, Family Status, Sex, Sexual Orientation, Disability Age (18 or more), Colour, Ancestry, Nationality, Place of Origin, Race or Perceived Race, Receipt of Public Assistance, and Gender Identity.

Reference: https://saskhrc.ca/your-rights/how-are-you-protected/

Legal Requirements (Saskatchewan Human Rights Code and Saskatchewan Human Rights Regulations)

The Saskatchewan Human Rights Code, 2018, SS 2018, c S-24.2

Programs, approved or ordered by commission
55(1) On the application of any person or on its own initiative, the commission may approve or order any program to be undertaken by any person if the program is designed to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be or are based on or related to the race, creed, religion, colour, sex, gender identity, sexual orientation, family status, marital status, disability, age, nationality, ancestry or place of origin of members of that group, or the receipt of public assistance by members of that group, by improving opportunities respecting services, facilities, accommodation, employment or education in relation to that group or the receipt of public assistance by members of that group.

(2) At any time before or after the commission approves a program, or a program is ordered by the commission or the court, the commission may:

  • (a) make inquiries concerning the program;
  • (b) vary the program
  • (c) impose conditions on the program; or
  • (d) withdraw approval of the program as the commission thinks fit.

(3) Nothing done in accordance with a program approved pursuant to this section is a violation of the provisions of this Act.

Reasonable and justifiable measures
56(1) Subject to subsection (2), it is not a contravention of this Act for a person to adopt or implement a
reasonable and justifiable measure:

  • (a) that is designed to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals if those disadvantages would be or are based on or related to one or more prohibited grounds; and
  • (b) that achieves or is reasonably likely to achieve that objective.

(2) If a program has been approved or ordered pursuant to section 55, a measure mentioned in subsection (1) must comply with the terms and conditions of that program.

Human Rights Commission Guidance (Saskatchewan HRC)

As previously noted, Saskatchewan has defined the four equity-deserving groups as: Persons reporting an Indigenous identity; Members of a visible minority group; Individuals reporting a disability; and Women in underrepresented occupations.

Also as noted previously, Saskatchewan has gone the extra mile and used provincial and national data to set hiring targets for the four identified equity groups.

Developing an Equity Plan

The SHRC’s equity program is voluntary, flexible, and encourages innovation from Equity Partners. There is no set template for employment equity plans; however, employers can refer to the Sample Employment Equity Plan for guidance.

Other helpful resources at this stage include:

Applying to Become An Equity Partner

Step 1 – Application
Send an email to shrc@gov.sk.ca, addressed to anEquity Advisor for guidance.

Step 2 – Review the Commission’s Equity Policy
Review the Commission’s Policy on Equity Programs and the Guidelines and Application of Policy on Equity Programs

Step 3 – Propose Equity Plan and EPA
Submit your proposed Employment Equity Plan, which should include:

  • Formal statements, responsibility designations, communication strategy
  • Workforce survey results, goals, timelines, accountability measures
  • Recruitment and employment systems analysis, diversity support measures, workforce environment improvements
  • Monitoring and evaluation methods
  • Reporting details

Click here to see a sample Employment Equity Plan.

Attach a request to enter an Equity Partnership Agreement (EPA) with management and union statements of commitment.

Step 4 – Commission Review
The Commission will review your application, taking approximately two to three weeks. Upon compliance confirmation, an official EPA will be sent.

Step 5 – Sign EPA
Sign and return the EPA and company logo to the Commission. Upon approval, the organization’s equity plan is officially recognized. Employment Equity Partnership approval is renewable annually as long as all Commission reporting requirements are met.

Annual Reporting Process
Employers are encouraged to submit official EDI reports, which may exceed Employment Equity program requirements. Annual reports should include:

  • A summary of significant actions, challenges, and proposed improvements
  • Recruitment and retention strategies, training programs, and outcomes
  • Retention rate of equity group members
  • Best practices implemented

Statistical Summary:
Two statistical tables are required, the Workforce Table and Management Table, provided in two formats:

For full information on how to prepare and when to submit the above two tables, please consult this link and view the Annual Reporting Process section.

Other helpful resources at this stage include:

Employment Equity Resources (Saskatchewan HRC)

Saskatchewan Human Rights Commission Contact Information

NB: It should be noted that Saskatchewan stands out as one of the few provinces who provide fulsome information about equity to employers online, over the phone, and via courses and public conversations.

“The Commission urges you to review the targets, take stock of your employee team, and tell us where you are doing well, why you are succeeding, and where you need help. Any tips you would like to share that you have learned in the creation of an inclusive and diverse workforce are welcome. Likewise, any questions you have that will help improve and strengthen your work team are encouraged.

The Commission has a dedicated Business Help Line that is confidential and available free of charge. It can be reached by calling (306) 933-5952. Our trained staff answer hundreds of calls per year from employers looking for guidance.”

Yukon

Protected Grounds of Discrimination: Ancestry, including colour or race, National origin, Ethnic or linguistic background or origin, Religion or Creed, or religious belief, religious association, or religious activity, Age, Sex, including pregnancy, and preg- nancy related conditions, Gender identity or gender expression, Sexual orientation, Physical or mental disability, Criminal charges or criminal record, Political belief, politi- cal association, or political activity, Marital or family status, Source of income, Actual or presumed association with other individuals or groups whose identity or membership is determined by any of the above.

Reference: https://yukonhumanrights.ca/what-is-discrimination/

Legal Requirements (Human Rights Act)

Human Rights Act, RSY 2002, c 116

13 Special programs and affirmative action
(1) Special programs and affirmative action programs are not discrimination.

(2) Special programs are programs designed to prevent disadvantages that are likely to be suffered by any group identified by reference to a prohibited ground of discrimination.

(3) Affirmative action programs are programs designed to reduce disadvantages resulting from discrimination suffered by a group identified by reference to a prohibited ground of discrimination.

Human Rights Commision Guidance and Employment Equity Resources (Yukon HRC)

None available.

Yukon Human Rights Commission Contact Information

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