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Archived - Step 1 – Appendix

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Appendix 1A – Memorandum

First Communication to Employees

Introducing Employment Equity

To: All employees

Date: [Date]

From: President/CEO

Subject: Announcing the purpose of employment equity and assignment of the senior official responsible for employment equity

[Organization's name] is subject to the Federal Contractors Program since being awarded contracts with the Government of Canada. As part of the process of obtaining such contracts we, as an organization, have committed to implementing an effective employment equity program. We want to ensure that members of the four designated groups (women, Aboriginal peoples, persons with disabilities and visible minorities) are appropriately represented in our workforce. Although employment equity is designed to eliminate any employment barriers that these groups may face in our organization, employment equity benefits everyone in the workplace.

By implementing employment equity, we are taking advantage of Canada’s diversity. We want to ensure that no person is denied employment opportunities for reasons unrelated to ability. It is important that all employees be equitably represented in all levels of our organization and be treated fairly in all of our selection, hiring, training and promotion practices.|

We are pleased to announce that [Name of senior official] has been assigned as the senior official responsible for the employment equity program within [Organization's name]. [Name of senior official] will oversee the process of forming an Employment Equity Committee, conducting a workforce survey and analysis, examining all of our employment systems and developing an employment equity plan over the next few months. [Name of employment equity contact] has been assigned to assist the senior official responsible for employment equity in the coordination of this program.

The success of our employment equity program is linked to your support. We welcome your input and co-operation in implementing employment equity at [Organization's name]. We will contact you again shortly when we conduct the workforce survey in the coming weeks.

If you have any questions or comments about employment equity, please do not hesitate to contact [Name of employment equity contact] at [Phone number] or by e mail at [E-mail address].

Sincerely,

[Name of President/CEO]

Appendix 1B – Memorandum

Second Communication to Employees

Request for Volunteers for the Employment Equity Committee

To: All employees

Date: [Date]

From: [Name and title of senior official responsible for employment equity]

Subject: Request for volunteers for the Employment Equity Committee

[Organization's name] is subject to the Federal Contractors Program since being awarded contracts with the Government of Canada. As part of the process of obtaining such contracts we, as an organization, have committed to implementing an effective employment equity program.

To encourage staff and employee participation in the employment equity process, we intend to create an Employment Equity Committee. This committee, made up of individuals representing management, employees and the union, will be involved in the following activities:

• communicating and promoting the implementation of all employment equity activities to employees;
• assisting in the development of the self-identification questionnaire and the promotion of the workforce survey;
• identifying specific needs of designated groups within our organization;
• assisting in the review of all employment policies and practices, written and unwritten, to ensure that they present no employment barriers for designated group members;
• assisting in the development, implementation and review of the employment equity plan; and
• preparing and/or organizing presentations and/or training sessions for managers and staff regarding employment equity.

Employment Equity Committee meetings will take place on the premises and during work hours. If you or someone you know is interested in joining the committee, please contact:

[Contact information of the employment equity contact person]

Sincerely,

[Name and title of senior official responsible for employment equity]

Appendix 1C – Memorandum

Third Communication to Employees

Introducing the Self-Identification Questionnaire

To: All employees

Date: [Date]

From: [Name and title of senior official responsible for employment equity]

Subject: Introducing the self-identification questionnaire

[Organization’s name] is subject to the Federal Contractors Program and we have made a commitment to ensure that all employees are treated fairly within our organization. All organizations that have 100 or more employees and are receiving federal contracts worth $200,000 or more must implement an employment equity program. This program will ensure that women, Aboriginal peoples, persons with disabilities and visible minorities are equitably represented at all occupational levels within our workforce.

As part of implementing employment equity, [Organization’s name] must conduct a survey to collect data concerning its workforce. All employees, whether or not they identify themselves as a member of a designated group, are requested to complete this self-identification questionnaire and forward it to [Name of the Employment Equity Coordinator].

Filling out the questionnaire is voluntary. However, we encourage all employees to respond to the questions. Information from the questionnaire will allow us to identify and remove any barriers that may exist in hiring, training, promoting and retaining our employees.

The responses that you provide on the self-identification questionnaire will be kept confidential and used for employment equity purposes only. We encourage you to update this information about yourself at any time by completing another questionnaire as needed. With your help, we can achieve a workforce that is representative of the Canadian population.

Thank you for your support and co-operation. If you have any questions regarding the questionnaire or any other aspect of employment equity implementation, please do not hesitate to contact [Name of employment equity contact] at [Telephone number] or by e mail at [E-mail address].

Sincerely,

[Name and title of senior official responsible for employment equity]

Appendix 1D

Self-Identification Questionnaire

Frequently Asked Questions

1. Why is this information being collected?

   The information is being collected from new and current employees to obtain a picture of the composition of our workforce. The information will be useful in two ways: it will help us identify the under-representation of designated groups at all occupational levels within our workforce, and will be used for comparison purposes in order to monitor the success of our employment equity program.

2. Why should everyone complete the self-identification questionnaire?

   All employees are part of the workforce; therefore, the employment equity commitment can be fully supported only when all employees count themselves in. By providing your information, you will enable us to determine how the composition of our workforce compares to the workforce in our area. Even if you are not a designated group member, you are helping the organization to be an equitable workplace for all employees.

3. Do questions on race or disability contravene human rights legislations and other laws?

   No. The Canadian Human Rights Act stipulates that it is not a discriminatory practice to collect information if it is intended to be used in adopting or carrying out a special program, plan or arrangement designed to eliminate disadvantages faced by certain groups of individuals.

4. How will the information I provide be used?

   Your information will be used to create statistics about the composition of our workforce. It will allow us to assess designated group representation in different occupational groups and levels, to set goals and to monitor progress in reaching these goals. If you consent by checking the box at the end of the questionnaire, human resources may contact you regarding specific initiatives for your designated group (if you are a member of one), including support measures and accommodation needs. We may also request your participation in the Employment Equity Committee or in Advisory Committees, or seek your advice on specific employment equity issues.

5. Must I respond to this questionnaire?

   Your response to the self-identification questionnaire is voluntary. However, an organization can make it mandatory for you to sign and return the questionnaire to human resources even if you choose not to fill out any of the information.

6. Is it necessary for me to fill out a new questionnaire if I have completed one in the past?

   Even if you have self-identified in the past, you are asked to complete the questionnaire at this time to ensure that you are counted in and counted correctly. In addition, by filling out this questionnaire, you will ensure that our information is up-to-date.

7. Will my information be kept confidential?

   Yes. The information you provide is protected by the Privacy Act and will be kept confidential. Furthermore, the Employment Equity Act states that self-identification information can only be used for employment equity purposes, and your information will be kept separate from your personnel file. With your permission, your information can be used to refer you for special training or invite you to participate in selection boards or in other activities related to employment equity.

8. How can I correct, change or access information about myself?

   You can correct and/or change information about yourself by completing a new questionnaire and forwarding it to your employment equity contact. You can also contact our human resources office if you want to access information related to you.

9. I have been accommodated in the workplace. Should I still identify as a person with a disability?

   Yes. All persons with disabilities, including those who have been accommodated in the workplace, are asked to self-identify.

10. Can I identify in more than one group?

    Yes. The Employment Equity Regulations permit employees to identify in more than one designated group. The self-identification questionnaire includes definitions to help you identify which group(s) you may belong to.

11. Can anyone else identify me?

    No. You are responsible for your own identification. By law, this information cannot be provided by your manager, your supervisor or your colleagues, unless you authorize them to do so.

Appendix 1E

Self-Identification Questionnaire

Instructions

[Organization’s name] believes that all employees should be treated fairly. We promote employment equity in the workplace to ensure that women, Aboriginal peoples, persons with disabilities and visible minorities are fully represented at all levels of our organization. Our employment equity program ensures that our hiring and promotion practices are based on qualifications and ability.

As part of our employment equity program, we are collecting information about our workforce through this questionnaire. Identifying as a member of a designated group (women, Aboriginal peoples, persons with disabilities and visible minorities) in Sections B to E will help create an accurate picture of our workforce. We assure you that our workplace is a safe environment in which to self-identify. You can ask for the accommodation you need in order to fulfil your work-related duties to the best of your ability.

Self-identification—sections B, C, D and E—and completion of sections F, G and H is voluntary. However, it is mandatory to complete Section A, sign in Section I, and return the questionnaire to human resources, even if you choose not to fill out any additional information.

The responses that you provide on this form will be retained for statistical purposes only; your confidentiality is protected. We encourage you to review, update and correct information about yourself at any time. Your information will not be used for unauthorized purposes.

This questionnaire is available in Braille, large print or audio cassette upon request. It is also available on our Web site at [Organization's Web site].

1. Name:

   Section/Branch:

   Position:

   Employee number:

   Employment status:

   Full-time employee
   Part-time employee
   Temporary employee

2. Gender

   Female
   Male

   After reading the descriptions in each of the next three sections, answer “Yes” if any of the following apply to you. Please note that you may self-identify in more than one group.

3. Aboriginal Peoples

   According to the Employment Equity Act, an Aboriginal person is a person who is Indian, Inuit or Métis.

   Are you an Aboriginal person?

   Yes
   No

4. Visible Minorities

   According to the Employment Equity Act, members of a visible minority are people in Canada (other than Aboriginal peoples) who are non-white in colour or non-Caucasian in race, regardless of their place of birth or citizenship.

   Examples of visible minorities include, but are not limited to:

   • Black
   • Non-white Latin American (including Indigenous people from Central and South America)
   • East Asian (e.g., Chinese, Japanese, Korean)
   • South Asian/East Indian (e.g., Indian, Pakistani, Bangladeshi, or East Indian from Guyana, Trinidad or East Africa)
   • Southeast Asian (e.g., Burmese, Cambodian, Filipino, Laotian, Thai, Vietnamese)
   • Non-white West Asian, North African or Arab (e.g., Iranian, Lebanese, Egyptian, Libyan)
   • People of mixed origin (e.g., with one parent in one of the visible minority groups listed above).

   Are you a member of a visible minority?

   Yes
   No

5. Persons with Disabilities

   According to the Employment Equity Act, persons with disabilities are persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment and who consider themselves to be at a disadvantage in the workforce by reason of that impairment, or who believe that an employer or potential employer is likely to consider them to be at a disadvantage because of that impairment. This includes people whose functional limitations due to their impairment have been accommodated in their current jobs or workplaces (e.g., by the use of technical aids, changes to equipment or other working arrangements).

   Examples of disabilities include, but are not limited to:

   • Coordination or dexterity impairment
     (e.g., difficulty using hands or arms, such as grasping objects or using a keyboard)
   • Mobility impairment
     (e.g., difficulty moving from one office to another, walking long distances or using stairs)
   • Blindness or visual impairment
     (e.g., unable to see or difficulty seeing, glaucoma; however, do not include yourself if you can see well with glasses or contact lenses)
   • Speech impairment
     (unable to speak or difficulty speaking and being understood)
   • Deafness or hearing impairment
     (unable to hear or difficulty hearing)
   • Other disabilities
     (e.g., learning, developmental and other types of disabilities)

   Are you a person with a disability?

   Yes
   No

6. Additional Data for Accommodation Purposes

   lease specify how we can accommodate you to help you participate fully in the workplace. Note that if we implement these accommodation measures, they will not have a negative impact on your hiring, training, promotion and retention in our organization.

7. Voluntary Employee Participation

   1. Please indicate below if you wish to have your employment equity self-identification information used for particular employment equity initiatives.

      Yes
      No

   2. As part of our ongoing employment equity work, from time to time we ask designated group members to participate in various activities (e.g., committees, focus groups) to provide feedback on new programs. If you agree to be contacted directly by the employment equity contact or a local human resources manager for this kind of activity, please check “Yes” below.

      Yes
      No

8. Employee Comments

   If you have any comments/feedback on our employment equity program, we would like to hear from you. Rest assured, all comments will be kept confidential. Please contact the employment equity contact by phone [Telephone number] or e-mail [E-mail address].

9. Employee Signature

   Signature:

   Date:

   Thank you for your participation!

   Please return this form in the envelope provided to:
   [Insert organization’s address]

Appendix 1F – Memorandum

Final Communication to Employees

Follow-up to Self Identification Questionnaire

To: All Employees

Date: [Date]

From: [Name and title of senior official responsible for employment equity]

Subject: Follow-up to self-identification survey

[Organization's name] is committed to employment equity on an ongoing basis. We want to ensure that our workplace is a fair and supportive environment for all employees, including women, Aboriginal peoples, persons with disabilities and members of visible minorities.

We would like to thank all of you who returned the survey questionnaire. If you have not returned your questionnaire, please make this a priority. Your participation is extremely valuable to us.

If you have questions or if you would like to amend your personal information collected in the questionnaire, please contact [Name of employment equity contact] at [Phone number] or by e-mail [E-mail address] at any time.

Thank you again for your support and co-operation.

Sincerely,

[Name and title of senior official responsible for employment equity]

Appendix 1G

Counting Employees

Federal Contractors Program

Organizations under the Federal Contractors Program employ 100 or more employees. To determine the number of employees in your workforce for the purposes of employment equity, you must first ascertain if there is an employment relationship. Second, you establish if the employee is a permanent full-time, permanent part-time or a temporary employee as described in the Employment Equity Act and the Regulations. Finally, you count the number of employees who meet the definitions. While Federal Contractors Program organizations are not explicitly covered by the Employment Equity Act, section 42 requires equivalence between the standards applied under the Act and those applied under the Federal Contractors Program. Therefore, the following direction and guidance is provided to help you navigate the process of counting the number of employees in your workforce for the purposes of the Federal Contractors Program and employment equity.

The Employment Relationship

In most cases, it is simple for an organization to determine if an employment relationship (also known as employer/employee relationship) exists, based on company payroll. However, in some cases, contracts can create an employer/employee relationship. In order to determine if an employer/employee relationship exists, you must review how the typical daily work arrangement is carried out. How the parties choose to label the relationship carries little significance. Factors to consider in determining if an employer/employee relationship exists are:

1. Control and supervision – An independent contractor (i.e., a person who is not an employee of your organization; a person with whom your organization does not have an employment relationship) exercises autonomous control over the method and techniques required to accomplish the task.
2. Ownership of tools – An independent contractor provides, at his or her own expense, the tools of the trade required to perform the work.
3. Chance of profit – An independent contractor has the opportunity to make profit.
4. Risk of loss – An independent contractor assumes the risk of financial loss.
5. Role – Work performed by an independent contractor is not integral to the business but rather an accessory to it (see also the Employee section). Remember that no one factor is determinative. If you still question whether an employer/employee relationship exists, you may also review the factors that differentiate an employer and an employee.

The Employer

Where there are many related companies, divisions or subsidiaries, it may be difficult to determine the identity of the employer when determining whether that particular employer employs 100 or more employees. The following questions will often determine whether an organization has the capacity to qualify as an employer:

• Is it a separate legal entity or a separate person?
• Does it have a sufficiently separate or distinct management structure?
• Is it operated as a separate undertaking? For example, are employees intermingled and transferred without formalities or do employees resign to be hired by the related division or organization? Are there separate human resource practices and payrolls?

• Does it hold the necessary authorization, licence or permit to operate in that field?

An employer may also be defined using the following criteria:

• The party directing and exercising control over the worker performing the work – since corporations act through agents, it may be necessary to determine the identity of the employer of the person who supervises the worker in terms of how and when the work is performed and defines the worker’s duties.
• The party bearing the burden of remuneration – it is important to determine who is actually paying the worker. Just handing over the remuneration is not sufficient. In the absence of other factors, being a conduit or intermediary for compensation is not sufficient to establish the existence of an employment relationship.
• The party imposing discipline and evaluating performance.
• The party hiring the worker – the party responsible for selecting, testing and training workers and bearing the related costs.
• The party with the authority to dismiss the worker.
• The party who the worker perceives to be the employer – it should be noted that it is not uncommon for an employee to misidentify his or her own employer.
• The existence of an intention to create the relationship of employer and employee.

As before, no one factor is conclusive or determinative.

The Employee

The factors taken into consideration to determine if a person is an employee are considered collectively and include the following questions:

1. Is the position permanent?
2. Does the individual participate in benefits? Does the employee remit employment insurance (E.I.) contributions through the company?
3. Does the employer submit annual T4 slips for the individual? Is insurance paid by the company for the individual?
4. Is the individual required to have insurance? Is coverage for the individual’s employment insurance or worker’s compensation provided by the company?
5. Is there a written agreement of employment? Does the individual wear a company uniform? Does the individual use a company vehicle? Are tools, order forms, business cards and/or equipment provided by the company? Can products be purchased from companies other than the employer?
6. Can the individual solicit customers? Can the individual carry competitive lines? Are fees set by the company? Must the individual remit fees each day to the company?
7. What is the extent of the company’s coordination/supervision of the individual? Can the individual select the method of performing his or her job functions? Does the company have disciplinary powers? Who arranges for a substitute if the individual is unable to perform the work?
8. Can the individual hire employees? Does the company control the firing of the individual’s employees? Can work be freely subcontracted?
9. Does the individual perform the same work as employees of the company? Does the individual spend a substantial amount of time working for the company?
10. Does the company provide vacation pay and overtime? Does the individual set his or her own hours? Does the individual do his or her own scheduling?
11. Who do the customers phone when they have a problem—the individual or the company? Is the money paid by the customers directed to the individual or to the company? Does the company perform bookkeeping on the individual’s behalf? Is the individual paid the same amount regardless of whether the customer pays?
12. Are the individual’s expenses reimbursed? Is there a chance of profit or risk of loss for the individual?
13. Is the individual’s activity part of the company’s business organization?

Employment Status

Permanent Full-Time Employees Under the Employment Equity Act

A permanent full-time employee is a person who is employed by an employer for an indeterminate period of time to work the standard number of hours on a regular basis as determined by the employer, depending on the Employment Equity Occupational Group to which the person belongs. The standard number of hours is set by the employer, but cannot be less than the usual number of hours worked by full-time employees in the same occupational group.

Precedents already exist in the flexible application of employment status definitions to seasonal employment, as well as to the work schedules, dispatching systems and security in industries such as longshoring and trucking. In the water transport industry, permanent full-time employment status is not affected by seasonal shutdowns since many employees retain the right to return to work. In other industries/organizations, positions with routine contract renewal may be considered permanent.

Permanent Part-Time Employees Under the Employment Equity Act

A permanent part-time employee is a person who is employed by an employer for an indeterminate period of time to work fewer than the standard number of hours on a regular basis as determined by the employer, depending on the Employment Equity Occupational Group to which the person belongs.

Generally, what is standard or usual for a group of employees is considered full-time; anything less is considered part-time. For example, in a case where the standard, usual way of working for the company is to work 11 hours per day for 3 days during the week, employees who fit this work pattern would be considered full-time, and employees who do not would be considered part-time. Similarly, in circumstances where an employee is not hired on an hourly basis but on some other basis such as workload, piece work, or mileage, it is necessary to determine whether the workload, piece work, mileage, etc., is standard or usual for all or most employees within the employer’s workforce.

Temporary Employees Under the Employment Equity Act

A temporary employee is a person who is employed on a temporary basis by an employer for any number of hours within a fixed period or periods totalling 12 weeks or more during a calendar year. This does not include a person in full-time attendance at a secondary or post-secondary education institution who is employed during a school break. Whether the hours are regular or irregular is not a factor to consider in determining temporary employment status.

The total number of weeks worked by temporary employees is calculated according to the cumulative number of weeks worked, not by the cumulative number of days. For example, an employee may be called to work two days one week, three days the following week and one day per week for ten other weeks during the calendar year. This employee would be considered a temporary employee for employment equity purposes.

The most significant distinction between temporary staff and permanent staff is job security, where permanence usually means employment for an indefinite duration. The duration of employment or the benefits received do not indicate employment status. Even if an employee is hired for a length of employment that is long term, the employee does not have permanent status if the duration of employment can be defined.

Casual or Other Employees Under the Employment Equity Act

Casual employees are employees who work less than 12 weeks during a calendar year and whose contracts have designated start and end dates. Casual employees and students working during a school break are not counted as temporary employees.

Other employees are employees who are on unpaid leave (often temporary lay-off or long-term leave) but who otherwise fulfil the definitions of permanent full-time, permanent part-time or temporary employees and maintain the right to return to work.

Special Case: Agency Personnel

Agency personnel can only be counted as employees for the purposes of employment equity if they are hired for periods exceeding 12 weeks, if they are paid by the employer, and if an employer/employee relationship exists.

Special Case: Contract Workers and Associates

With respect to contract workers or associates in any industry, it is always necessary to begin by ascertaining whether an employer–employee relationship exists. An employer–employee relationship may exist with some contract workers or associates and not with others in the same organization. The existence of this relationship must be determined case by case.

For example, the term associate may mean the same as franchise (affiliated with or having a relationship by way of association), in which case the person would not be counted as an employee. If an associate is a partner or co-manager, is hired by the organization (as opposed to elected or volunteered, such as board of director members), or is compensated by your organization for work, then the person is counted as an employee.

The best way to determine if an employment relationship exists is to confer with legal counsel.

The Issue of Jurisdiction

Federal Jurisdiction Versus Provincial Jurisdiction

Employers required to comply with the Employment Equity Act include those who employed 100 or more employees “on or in connection with a federal work, undertaking or business as defined in section 2 of the Canada Labour Code” at any time during the calendar year.

The determination of employers covered by provincial or federal legislation is considered on a case-by-case basis and takes into consideration the nature of the corporate structure and the type of business conducted by the organization.

Federal Jurisdiction and the Legislated Employment Equity Program

Employers with a federally regulated workforce of 100 or more employees are obligated to report to the Legislated Employment Equity Program (LEEP) under the Act.

Provincial Jurisdiction and the Federal Contractors Program

Organizations with a provincially regulated workforce of 100 or more employees are subject the Federal Contractors Program under the Act, provided they have received one contract or standing offer valued at $200,000 or more to provide goods or services to the Government of Canada.

Special Case: Dual Jurisdiction Under the Employment Equity Act

Certain businesses may have two or more distinct areas of activity. Part of the operation may be federal in nature, and part provincial. Where this occurs, it is necessary to determine whether the business is divisible for jurisdictional purposes, and the Labour Program and the employer should verify whether each portion of the workforce includes at least 100 employees.

If your workforce has 100 or more employees who fall under the LEEP, as well as 100 or more employees who fall under the Federal Contractors Program, your must either:

• fulfil the Federal Contractors Program Requirements for the provincially regulated portion of the workforce, while reporting the federally regulated portion under the LEEP; or
• report the entire workforce under the LEEP.

If your workforce has 100 or more federally regulated employees, you may request to report on your total workforce under the LEEP, regardless of the proportion of the workforce that falls under provincial jurisdiction. Note: the decision to report the full workforce under the LEEP must be communicated to the Labour Program.

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Date Modified:

2012-02-27