Regulations Amending the Employment Equity Regulations: SOR/2023-267

Canada Gazette, Part II, Volume 157, Number 26

Registration
SOR/2023-267 December 8, 2023

EMPLOYMENT EQUITY ACT

P.C. 2023-1214 December 8, 2023

Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, makes the annexed Regulations Amending the Employment Equity Regulations under subsection 41(1) of the Employment Equity Act ^{footnote a}.

Regulations Amending the Employment Equity Regulations

Amendments

1 (1) The portion of items 2 to 4 of Schedule II to the Employment Equity Regulations ^{footnote 1} in column II is replaced by the following:

Item	Column II Unit Groups
2	Financial managers Human resources managers Purchasing managers Other administrative services managers Insurance, real estate and financial brokerage managers Banking, credit and other investment managers Advertising, marketing and public relations managers Other business services managers Telecommunication carriers managers Postal and courier services managers Engineering managers Architecture and science managers Computer and information systems managers Managers in health care Government managers - health and social policy development and program administration Government managers - economic analysis, policy development and program administration Government managers - education policy development and program administration Other managers in public administration Administrators - post-secondary education and vocational training School principals and administrators of elementary and secondary education Managers in social, community and correctional services Commissioned police officers and related occupations in public protection services Fire chiefs and senior firefighting officers Commissioned officers of the Canadian Armed Forces Library, archive, museum and art gallery managers Managers - publishing, motion pictures, broadcasting and performing arts Recreation, sports and fitness program and service directors Corporate sales managers Retail and wholesale trade managers Restaurant and food service managers Accommodation service managers Managers in customer and personal services Construction managers Home building and renovation managers Facility operation and maintenance managers Managers in transportation Managers in natural resources production and fishing Managers in agriculture Managers in horticulture Managers in aquaculture Manufacturing managers Utilities managers
3	Financial auditors and accountants Financial and investment analysts Securities agents, investment dealers and brokers Financial advisors Other financial officers Human resources professionals Professional occupations in business management consulting Professional occupations in advertising, marketing and public relations Physicists and astronomers Chemists Geoscientists and oceanographers Meteorologists and climatologists Other professional occupations in physical sciences Biologists and related scientists Forestry professionals Agricultural representatives, consultants and specialists Civil engineers Mechanical engineers Electrical and electronics engineers Chemical engineers Industrial and manufacturing engineers Metallurgical and materials engineers Mining engineers Geological engineers Petroleum engineers Aerospace engineers Computer engineers (except software engineers and designers) Other professional engineers Architects Landscape architects Urban and land use planners Land surveyors Mathematicians, statisticians and actuaries Data scientists Cybersecurity specialists Business systems specialists Information systems specialists Database analysts and data administrators Software engineers and designers Computer systems developers and programmers Software developers and programmers Web designers Web developers and programmers Nursing coordinators and supervisors Registered nurses and registered psychiatric nurses Specialists in clinical and laboratory medicine Specialists in surgery General practitioners and family physicians Dentists Veterinarians Optometrists Chiropractors Nurse practitioners Physician assistants, midwives and allied health professionals Other professional occupations in health diagnosing and treating Pharmacists Dietitians and nutritionists Audiologists and speech-language pathologists Physiotherapists Occupational therapists Kinesiologists and other professional occupations in therapy and assessment Therapists in counselling and related specialized therapies University professors and lecturers Post-secondary teaching and research assistants College and other vocational instructors Secondary school teachers Elementary school and kindergarten teachers Educational counsellors Judges Lawyers and Quebec notaries Psychologists Social workers Religious leaders Probation and parole officers Career development practitioners and career counsellors (except education) Natural and applied science policy researchers, consultants and program officers Economists and economic policy researchers and analysts Business development officers and marketing researchers and consultants Social policy researchers, consultants and program officers Health policy researchers, consultants and program officers Education policy researchers, consultants and program officers Recreation, sports and fitness policy researchers, consultants and program officers Program officers unique to government Other professional occupations in social science Librarians Conservators and curators Archivists Authors and writers (except technical) Technical writers Editors Journalists Translators, terminologists and interpreters Producers, directors, choreographers and related occupations Conductors, composers and arrangers Musicians and singers Public and environmental health and safety professionals Police investigators and other investigative occupations
4	Chemical technologists and technicians Geological and mineral technologists and technicians Biological technologists and technicians Agricultural and fish products inspectors Forestry technologists and technicians Conservation and fishery officers Landscape and horticultural technicians and specialists Civil engineering technologists and technicians Mechanical engineering technologists and technicians Industrial engineering and manufacturing technologists and technicians Construction estimators Electrical and electronics engineering technologists and technicians Electronic service technicians (household and business equipment) Industrial instrument technicians and mechanics Aircraft instrument, electrical and avionics mechanics, technicians and inspectors Architectural technologists and technicians Industrial designers Drafting technologists and technicians Land survey technologists and technicians Technical occupations in geomatics and meteorology Non-destructive testers and inspectors Engineering inspectors and regulatory officers Occupational health and safety specialists Construction inspectors Air pilots, flight engineers and flying instructors Air traffic controllers and related occupations Deck officers, water transport Engineer officers, water transport Railway traffic controllers and marine traffic regulators Computer network and web technicians User support technicians Information systems testing technicians Medical laboratory technologists Animal health technologists and veterinary technicians Respiratory therapists, clinical perfusionists and cardiopulmonary technologists Medical radiation technologists Medical sonographers Cardiology technologists and electrophysiological diagnostic technologists Pharmacy technicians Other medical technologists and technicians Denturists Dental hygienists and dental therapists Dental technologists and technicians Opticians Traditional Chinese medicine practitioners and acupuncturists Other practitioners of natural healing Licensed practical nurses Paramedical occupations Massage therapists Other technical occupations in therapy and assessment Paralegal and related occupations Social and community service workers Early childhood educators and assistants Instructors of persons with disabilities Religion workers Police officers (except commissioned) Firefighters Specialized members of the Canadian Armed Forces Library and public archive technicians Film and video camera operators Graphic arts technicians Broadcast technicians Audio and video recording technicians Other technical and coordinating occupations in motion pictures, broadcasting and the performing arts Announcers and other broadcasters Graphic designers and illustrators Interior designers and interior decorators Dancers Actors, comedians and circus performers Painters, sculptors and other visual artists

(2) The portion of items 6 to 14 of Schedule II to the Regulations in column II is replaced by the following:

Item	Column II Unit Groups
6	Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations Contractors and supervisors, electrical trades and telecommunications occupations Contractors and supervisors, pipefitting trades Contractors and supervisors, carpentry trades Contractors and supervisors, other construction trades, installers, repairers and servicers Contractors and supervisors, mechanic trades Contractors and supervisors, heavy equipment operator crews Supervisors, printing and related occupations Supervisors, railway transport operations Supervisors, motor transport and other ground transit operators Supervisors, logging and forestry Supervisors, mining and quarrying Contractors and supervisors, oil and gas drilling and services Agricultural service contractors and farm supervisors Contractors and supervisors, landscaping, grounds maintenance and horticulture services Supervisors, mineral and metal processing Supervisors, petroleum, gas and chemical processing and utilities Supervisors, food and beverage processing Supervisors, plastic and rubber products manufacturing Supervisors, forest products processing Supervisors, textile, fabric, fur and leather products processing and manufacturing Supervisors, motor vehicle assembling Supervisors, electronics and electrical products manufacturing Supervisors, furniture and fixtures manufacturing Supervisors, other mechanical and metal products manufacturing Supervisors, other products manufacturing and assembly
7	Administrative officers Executive assistants Human resources and recruitment officers Property administrators Procurement and purchasing agents and officers Conference and event planners Employment insurance and revenue officers Administrative assistants Legal administrative assistants Medical administrative assistants Court reporters, medical transcriptionists and related occupations Health information management occupations Records management technicians Statistical officers and related research support occupations Accounting technicians and bookkeepers Insurance adjusters and claims examiners Insurance underwriters Assessors, business valuators and appraisers Customs, ship and other brokers Payroll administrators Production and transportation logistics coordinators
8	Technical sales specialists - wholesale trade Retail and wholesale buyers Insurance agents and brokers Real estate agents and salespersons Financial sales representatives Chefs Cooks Butchers - retail and wholesale Bakers Hairstylists and barbers Shoe repairers and shoemakers Jewellers, jewellery and watch repairers and related occupations Upholsterers Funeral directors and embalmers Medical laboratory assistants and related technical occupations Pharmacy technical assistants and pharmacy assistants Dental assistants and dental laboratory assistants Other instructors Sheriffs and bailiffs Correctional service officers By-law enforcement and other regulatory officers Border services, customs, and immigration officers Operations Members of the Canadian Armed Forces Registrars, restorers, interpreters and other occupations related to museum and art galleries Photographers Motion pictures, broadcasting, photography and performing arts assistants and operators Theatre, fashion, exhibit and other creative designers Patternmakers - textile, leather and fur products Athletes Coaches Sports officials and referees
9	Machinists and machining and tooling inspectors Tool and die makers Sheet metal workers Boilermakers Structural metal and platework fabricators and fitters Ironworkers Welders and related machine operators Electricians (except industrial and power system) Industrial electricians Power system electricians Electrical power line and cable workers Telecommunications line and cable installers and repairers Telecommunications equipment installation and cable television service technicians Plumbers Steamfitters, pipefitters and sprinkler system installers Gas fitters Carpenters Cabinetmakers Bricklayers Concrete finishers Tilesetters Plasterers, drywall installers and finishers and lathers Roofers and shinglers Glaziers Insulators Painters and decorators (except interior decorators) Floor covering installers Construction millwrights and industrial mechanics Heavy-duty equipment mechanics Heating, refrigeration and air conditioning mechanics Railway carmen/women Aircraft mechanics and aircraft inspectors Machine fitters Elevator constructors and mechanics Automotive service technicians, truck and bus mechanics and mechanical repairers Auto body collision, refinishing and glass technicians and damage repair estimators Oil and solid fuel heating mechanics Appliance servicers and repairers Electrical mechanics Motorcycle, all-terrain vehicle and other related mechanics Other small engine and small equipment repairers Railway and yard locomotive engineers Railway conductors and brakemen/women Crane operators Drillers and blasters - surface mining, quarrying and construction Water well drillers Printing press operators Other technical trades and related occupations Underground production and development miners Oil and gas well drillers, servicers, testers and related workers Logging machinery operators Fishing masters and officers Fishermen/women Central control and process operators, mineral and metal processing Central control and process operators, petroleum, gas and chemical processing Pulping, papermaking and coating control operators Power engineers and power systems operators Water and waste treatment plant operators General building maintenance workers and building superintendents Artisans and craftspersons
10	General office support workers Receptionists Personnel clerks Court clerks and related court services occupations Data entry clerks Desktop publishing operators and related occupations Accounting and related clerks Banking, insurance and other financial clerks Collection clerks Library assistants and clerks Correspondence, publication and regulatory clerks Survey interviewers and statistical clerks Postal services representatives Mail and parcel sorters and related occupations Letter carriers Couriers and messengers Shippers and receivers Storekeepers and partspersons Production logistics workers Purchasing and inventory control workers Dispatchers Transportation route and crew schedulers
11	Nurse aides, orderlies and patient service associates Other assisting occupations in support of health services Home child care providers Elementary and secondary school teacher assistants Sales and account representatives - wholesale trade (non-technical) Retail salespersons and visual merchandisers Maîtres d’hôtel and hosts/hostesses Bartenders Travel counsellors Pursers and flight attendants Airline ticket and service agents Ground and water transport ticket agents, cargo service representatives and related clerks Hotel front desk clerks Tour and travel guides Outdoor sport and recreational guides Casino workers Security guards and related security service occupations Customer services representatives - financial institutions Other customer and information services representatives Image, social and other personal consultants Estheticians, electrologists and related occupations Primary combat members of the Canadian Armed Forces Program leaders and instructors in recreation, sport and fitness Tailors, dressmakers, furriers and milliners
12	Residential and commercial installers and servicers Utility maintenance workers Pest controllers and fumigators Other repairers and servicers Transport truck drivers Bus drivers, subway operators and other transit operators Heavy equipment operators Public works maintenance equipment operators and related workers Railway yard and track maintenance workers Water transport deck and engine room crew Air transport ramp attendants Automotive and heavy truck and equipment parts installers and servicers Underground mine service and support workers Oil and gas well drilling and related workers and services operators Chain saw and skidder operators Silviculture and forestry workers Specialized livestock workers and farm machinery operators Fishing vessel deckhands Machine operators, mineral and metal processing Foundry workers Glass forming and finishing machine operators and glass cutters Concrete, clay and stone forming operators Inspectors and testers, mineral and metal processing Metalworking and forging machine operators Machining tool operators Machine operators of other metal products Chemical plant machine operators Plastics processing machine operators Rubber processing machine operators and related workers Sawmill machine operators Pulp mill, papermaking and finishing machine operators Other wood processing machine operators Paper converting machine operators Lumber graders and other wood processing inspectors and graders Woodworking machine operators Textile fibre and yarn, hide and pelt processing machine operators and workers Weavers, knitters and other fabric making occupations Industrial sewing machine operators Inspectors and graders, textile, fabric, fur and leather products manufacturing Process control and machine operators, food and beverage processing Industrial butchers and meat cutters, poultry preparers and related workers Fish and seafood plant workers Testers and graders, food and beverage processing Plateless printing equipment operators Camera, platemaking and other prepress occupations Binding and finishing machine operators Photographic and film processors Aircraft assemblers and aircraft assembly inspectors Motor vehicle assemblers, inspectors and testers Electronics assemblers, fabricators, inspectors and testers Assemblers and inspectors, electrical appliance, apparatus and equipment manufacturing Assemblers, fabricators and inspectors, industrial electrical motors and transformers Mechanical assemblers and inspectors Machine operators and inspectors, electrical apparatus manufacturing Furniture and fixture assemblers, finishers, refinishers and inspectors Assemblers and inspectors of other wood products Plastic products assemblers, finishers and inspectors Industrial painters, coaters and metal finishing process operators Other products assemblers, finishers and inspectors
13	Cashiers Service station attendants Store shelf stockers, clerks and order fillers Other sales related occupations Food counter attendants, kitchen helpers and related support occupations Support occupations in accommodation, travel and facilities set-up services Operators and attendants in amusement, recreation and sport Light duty cleaners Specialized cleaners Janitors, caretakers and heavy-duty cleaners Dry cleaning, laundry and related occupations Other service support occupations Food and beverage servers Pet groomers and animal care workers Other support occupations in personal services Taxi and limousine drivers and chauffeurs Delivery service drivers and door-to-door distributors Boat and cable ferry operators and related occupations Student monitors, crossing guards and related occupations Other performers
14	Construction trades helpers and labourers Other trades helpers and labourers Public works and maintenance labourers Railway and motor transport labourers Harvesting labourers Landscaping and grounds maintenance labourers Aquaculture and marine harvest labourers Mine labourers Oil and gas drilling, servicing and related labourers Logging and forestry labourers Labourers in mineral and metal processing Labourers in metal fabrication Labourers in chemical products processing and utilities Labourers in wood, pulp and paper processing Labourers in rubber and plastic products manufacturing Labourers in textile processing and cutting Labourers in food and beverage processing Labourers in fish and seafood processing Other labourers in processing, manufacturing and utilities Longshore workers Material handlers Livestock labourers Nursery and greenhouse labourers Trappers and hunters Meat cutters and fishmongers - retail and wholesale

2 The note at the end of Schedule II to the Regulations is repealed.

Coming into Force

3 These Regulations come into force on January 1, 2024.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Under the Employment Equity Act (the Act), federally regulated private-sector employers are required to report data on “occupational groups.” To meet this requirement, employers rely on Schedule II of the Employment Equity Regulations (the Regulations). Schedule II provides “Employment Equity Occupational Groups” (EEOGs) in column I, each of which is made up of “Unit Groups” from the National Occupational Classification (NOC), which are provided in column II. The NOC was revised in 2021 and as a result, the unit groups in column II of Schedule II do not align with the 2021 NOC. This means that the federally regulated private-sector employers, subject to the Act, will face unnecessary difficulties in complying with their annual reporting obligations.

Background

The Act requires federally regulated private-sector employers to annually report on

• the representation rates and pay gaps of four designated groups in their workplaces; and
• the steps employers have taken to achieve full representation of these groups.

The four designated groups are women, Indigenous peoples, persons with disabilities, and members of visible minorities. Federally regulated private-sector employers include employers from sectors such as banking and finance, telecommunications, road, air, maritime and rail transportation.

The Act requires employers to report on representation by “occupational group,” but does not define the term. The Regulations provide that private sector employers use the groups set out in Schedule II when reporting on occupational groups. The Employment Equity Occupational Groups listed in Schedule II of the Regulations are meant to be used as the “occupational groups” referenced in the Act; that is, employers are required to report separately for each of the 14 groups. The occupational group data reported by employers are analyzed to understand how equity changes across different jobs.

To help employers determine how to group employees based on their occupations, Schedule II of the Regulations sets out which unit groups in column II (which mirror the National Occupational Classification) are linked to each Employment Equity Occupational Group in column I. Unit groups are the most specific categories in the NOC. The 2016 NOC includes 500 unit groups, each with a corresponding four-digit code. For example, Schedule II shows that Employment Equity Occupational Group 3 represents Professionals, which includes civil engineers (NOC unit group 2131) and journalists (NOC unit group 5123). When an employer is completing their reporting under the Act and needs to report for Professionals, Schedule II tells them to include any civil engineers or journalists on their staff, alongside employees in the other unit groups listed for that particular EEOG. Employers are not required to perform these groupings manually. The Labour Program automatically classifies the NOC categories into the 14 Employment Equity Occupational Groups (EEOGs) through the Workplace Equity Information Management System (WEIMS) for employment equity reporting purposes. This process would be seamless for employers once the regulatory amendments are in place.

The NOC is Canada’s national classification system for describing occupations, developed by Employment and Social Development Canada (ESDC) and Statistics Canada (StatCan). It ensures that workforce statistics are collected and assembled in a standard way that will be meaningful to users. It is used to design programs, collect data, analyze the labour market, extract career information, and support labour market resources published by the Government of Canada, including StatCan’s monthly labour statistics.

The first NOC was released in 1992. Every five years, the NOC undergoes a structural revision (alternating between minor and major revisions) whereby the framework of the NOC and the existing occupations groups are reviewed. The 2021 revision was a major revision, in which the number of unit groups was expanded from 500 to 516. Furthermore, the 2021 NOC introduces a new five-digit codification system to replace the four-digit system of the 2016 NOC. This update is expected to improve consistency and accuracy and to increase flexibility of the classification structure. Employment and Social Development Canada (ESDC) released the 2021 NOC for data collection purposes on September 21, 2021, and as a result Schedule II of the Regulations is out of date.

With the implementation of the 2021 NOC, ESDC and StatCan began gathering information on occupations using the new codes, including monthly labour force statistics, census data on labour, and other federal data-gathering initiatives. The new NOC was implemented for these purposes and other data-gathering initiatives beginning in November 2022, in order to provide organizations and programs enough time to make the transition from the 2016 version to the 2021 version. For employment equity reporting, the new NOC will be implemented starting in January 2024.

Objective

These Regulations will align the Regulations with the 2021 NOC revision, ensuring that federally regulated private-sector employers have the information they need to meet their reporting requirements for the 2024 calendar year and onwards.

Description

This amendment would update the Unit Groups in Column II of Schedule II to reflect those in the 2021 NOC. The unit group titles that have not changed from the 2016 NOC to 2021 NOC have not been revised as part of this regulatory amendment. Only the unit group titles that have been modified as part of the 2021 NOC revision exercise have been included. The end result aligns all 516 Unit Groups from the 2021 NOC with the 14 Employment Equity Occupational Groups in Column I of the Regulations.

Regulatory development

Consultation

No consultations were undertaking regarding this regulatory amendment, however, in developing each update of the NOC, ESDC undertakes a formal consultation process. The development of the 2021 NOC was driven by results of consultations, validations and occupational research undertaken by ESDC and StatCan. The consultations targeted

• federal, provincial, territorial, and municipal governments;
• non-governmental organizations;
• companies and industry associations;
• academics and researchers;
• career counselors and career planning specialists; and
• other interested persons.

ESDC maintained an online accessible venue for ongoing engagement with internal and external partners. In May 2017, the department reached out to more than 800 stakeholders who, in the past, had expressed interest in engaging on the NOC, seeking their input on the classification. In addition, from July 2018 to August 2020, a “NOC revision consultation period notice” was posted on ESDC’s website. A consultation guide was developed and made available online to support stakeholders in submitting comments and suggestions. Overall, more than 120 submissions were received and analyzed for the NOC 2021 revision. StatCan also advertised the renewal of the NOC in 2021 on their website. Furthermore, to help stakeholders adapt to the 2021 NOC, on November 5, 2020, StatCan released a 2021 NOC “notice of release” to inform stakeholders about upcoming key changes to the NOC, prior to its launch in September 2021.

The Regulations were not prepublished because the affected employers are already required to familiarize themselves with the NOC changes every five years in order to report on several Government of Canada programs for administrative reasons. For example, StatCan’s Labour Force Survey (LFS), ESDC programs such as the Temporary Foreign Worker Program, the Employment Insurance program, and Immigration, Refugee and Citizenship Canada’s temporary and permanent resident programs. Therefore, employers have already been made aware of the changes and have this coded into their HR systems prior to the employment equity reporting deadline.

Modern treaty obligations and Indigenous engagement and consultation

These Regulations do not have any modern treaty implications.

Instrument choice

No action: Employers would need to report their data for 2023 using EEOGs based on the 2016 NOC, even as all other federal data-gathering moves to the 2021 NOC. This would create more administrative burden for employers. It would also produce inconsistent data which would make it difficult to implement the Act. Going forward, EEOGs based on the 2016 NOC would become less reflective of the Canadian economy, and data gathered under the Act would become less useful. All three of these issues — administrative burden, inconsistent data, and outdated EEOGs — would make it more difficult to monitor and promote employment equity outcomes among employers.

Updating Schedule II of the Regulations: Because the EEOGs are currently only defined in the Regulations, a regulatory amendment is the only instrument which can be used to update them.

Regulatory analysis

Benefits and costs

There are no costs to federally regulated private-sector employers nor to government. Updating the Unit Groups in Schedule II does not create any new requirements for employers under the Act. Employers will need to ensure their employees are each categorized according to the 2021 NOC before reporting for the 2024 calendar year, but many employers have already updated their unit groups for other federal reporting, and the changes have been communicated to them in advance.

Small business lens

The change to the Regulations does not create any new reporting or data-gathering requirements and therefore there are no impacts on small businesses.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on business and no regulatory titles are repealed or introduced.

Regulatory cooperation and alignment

These Regulations are not related to a work plan or commitment under a formal regulatory cooperation forum.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for these Regulations.

Implementation, compliance and enforcement, and service standards

Implementation

These amendments will come into force on January 1, 2024.

The Labour Program will ensure that employers are notified in advance of the updated NOC unit groups in Schedule II by providing reference materials via direct email communications.

Compliance and enforcement

Compliance will be achieved by incorporating the updated column II of Schedule II in WEIMS. Thus, employers will be required to submit their annual reports using the updated Schedule II automatically. When Schedule II is updated, employers will need to assign employees to EEOGs based on unit groups from the 2021 NOC. Furthermore, the submitted reports will be validated by the Program Advisors to ensure compliance with the updated regulations. This is in line with the existing compliance process for employers covered by the Act which ensures that they report using the EEOGs in Schedule II.

Contacts

Workplace Equity Division
Labour Program
Employment and Social Development Canada
Email: ee-eme@servicecanada.gc.ca

Gert Zagler
Director
Workplace Equity Division
Labour Program
Employment and Social Development Canada
165 De l’Hôtel-de-Ville Street
Place du Portage, Phase II, 11th Floor
Gatineau, Quebec
K1A 0J2
Telephone: 613‑618‑2063
Email: gert.zagler@labour-travail.gc.ca