CONSOLIDATION

Employment Equity Programs Regulations

SOR/89-30b

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Regulations Respecting the Appointment of Target Group Members to Positions Within the Employment Equity Programs During the Period Beginning on January 1, 1989 and Ending on March 31, 1993 1

Short Title

Interpretation

Application

General

Current to June 20, 2022

ii

Registration SOR/89-30b December 27, 1988

PUBLIC SERVICE EMPLOYMENT ACT Employment Equity Programs Regulations

P.C. 1988-2798

December 22, 1988

Whereas the Public Service Commission has decided that it is not practicable nor in the best interests of the Public Service (a) to apply section 10 and subsection 12(3) of the Public Service Employment Act to positions identified pursuant to the employment equity programs to which target group members coming from outside the Public Service are to be appointed; (b) to apply subsection 12(1) of the Public Service

Employment Act in relation to selection standards other than language skills to training positions identified pursuant to the employment equity programs to which members of a target group coming from outside the Public Service are to be appointed; (c) to apply section 10 and subsection 12(3) of the Public Service Employment Act to positions other than those identified pursuant to the employment equity programs to which target group members, who were appointed to the Public Service for a specified period to a training position identified pursuant to the employment equity programs, are to be appointed; and (d) to apply subsection 21(1) of the Public Service

Employment Act to persons who would otherwise have a right to appeal under that subsection against the appointment of target group members, who were appointed to the Public Service for a specified period to a training position identified pursuant to the employment equity programs, to positions other than those identified pursuant to the employment equity programs; during the period beginning on January 1, 1989 and ending on March 31, 1993. Whereas the Public Service Commission is of the opinion that it is desirable to make the annexed Regulations respecting the appointment of target group members to positions within the employment equity programs during the period beginning on January 1, 1989 and ending on March 31, 1993.

Current to June 20, 2022

Employment Equity Programs Regulations

Whereas the Public Service Commission recommends that, pursuant to subsection 41(2) of the Public Service Employment Act, the Governor in Council approve the revocation by the Public Service Commission of the Northern Careers Exclusion of Native Persons Approval Order, C.R.C., c. 1347; Whereas, pursuant to subsection 37(1) of the Public Service Employment Act, the Public Service Commission recommends that the Governor in Council revoke the Northern Careers Appointments Regulations, C.R.C., c. 1346; Whereas the Public Service Commission recommends that, pursuant to subsection 41(2) of the Public Service Employment Act, the Governor in Council approve the revocation by the Public Service Commission of the exclusion of certain provisions of the Public Service Employment Act for the purposes of the Visible Minority Employment Program during the period beginning on December 22, 1986 and ending on March 31, 1989 approved by Order in Council P.C. 1986-2859 of December 18, 1986* and in consequence thereof to revoke the said Order in Council;

Whereas, pursuant to subsection 37(1) of the Public Service Employment Act, the Public Service Commission recommends that the Governor in Council revoke the Visible Minority Employment Program Regulations, P.C. 1986-2859 of December 18, 1986*;

Whereas the Public Service Commission recommends that, pursuant to subsection 41(1) of the Public Service Employment Act, the Governor in Council make in substitution therefor the annexed Order approving the exclusion by the Public Service Commission of certain persons and positions from the operation of certain provisions of the Public Service Employment Act for the purposes of the employment equity programs during the period beginning on January 1, 1989 and ending on March 31, 1993; And whereas, pursuant to subsection 37(1) of the Public Service Employment Act, the Public Service Commission recommends that the Governor in Council make the annexed Regulations respecting the appointment of target group members to positions within the employment equity programs during

*

SOR/87-22, 1987 Canada Gazette Part II, p. 229

Current to June 20, 2022

Employment Equity Programs Regulations

the period beginning on January 1, 1989 and ending on March 31, 1993. Therefore, Her Excellency the Governor General in Council, on the recommendation of the Secretary of State, is pleased hereby (a) pursuant to subsection 41(2) of the Public Service Employment Act, to approve the revocation by the Public Service Commission of Northern Careers Exclusion of Native Persons Approval Order, C.R.C., c. 1347; (b) pursuant to subsection 37(1) of the Public Service Employment Act, to revoke the Northern Careers Appointment Regulations, C.R.C., c. 1346; (c) pursuant to subsection 41(2) of the Public Service Employment Act, to approve the revocation by the Public Service Commission of the exclusion of certain provisions of the Public Service Employment Act for the purposes of the Visible Minority Employment Program during the period beginning on December 22, 1986 and ending on March 31, 1989 approved by Order in Council P.C. 1986-2859 of December 18, 1986* and in consequence thereof to revoke the said Order in Council; (d) pursuant to subsection 37(1) of the Public Service Employment Act, to revoke the Visible Minority Employment Program Regulatoins, P.C. 1986-2859 of December 18, 1986*; (e) pursuant to subsection 41(1) of the Public Service Employment Act, to make in substitution therefor the annexed Order approving the exclusion by the Public Service Commission of certain persons and positions from the operation of certain provisions of the Public Service Employment Act for the purposes of the employment equity programs during the period beginning on January 1, 1989 and ending on March 31, 1993; and (f) pursuant to subsection 37(1) of the Public Service Employment Act, to make the annexed Regulations respecting the appointment of target group members to positions within the employment equity programs during the period beginning on January 1, 1989 and ending on March 31, 1993.

*

SOR/87-22, 1987 Canada Gazette Part II, p. 229

Current to June 20, 2022

Regulations Respecting the Appointment of Target Group Members to Positions Within the Employment Equity Programs During the Period Beginning on January 1, 1989 and Ending on March 31, 1993

Short Title 1 These Regulations may be cited as the Employment

Equity Programs Regulations.

Interpretation 2 (1) In these Regulations,

aboriginal peoples has the same meaning as in the Order; (autochtones) disabled persons has the same meaning as in the Order; (personnes handicapées) employment equity programs has the same meaning as in the Order; (programmes d’équité en matière d’emploi) members of visible minority groups has the same meaning as in the Order; (membres des minorités visibles) Order means the Employment Equity Programs Exclusion Approval Order; (décret) target group members has the same meaning as in the Order. (membres des groupes-cibles) (2) All words and expressions used in these Regulations

and not defined in subsection (1) have the same meaning as in the Public Service Employment Act and the Public Service Employment Regulations.

Application 3 These Regulations apply to persons and positions to which the Order applies.

Current to June 20, 2022

Employment Equity Programs Regulations General Sections 4-5

General 4 (1) The Commission may appoint a target group member coming from outside the Public Service to a position identified pursuant to the employment equity programs for which, in the opinion of the Commission, that person is qualified. (2) The Commission may appoint a target group member

coming from outside the Public Service to a training position identified pursuant to the employment equity programs that, in the opinion of the Commission, is commensurate with that person’s capacities. (3) The Commission may appoint for an indeterminate period a target group member who was appointed to the Public Service for a specified period to a training position identified pursuant to the employment equity programs, to a position other than one identified pursuant to the employment equity programs for which, in the opinion of the Commission, that person is qualified. 5 Where there is any inconsistency between these Regulations and the Public Service Employment Regulations, these Regulations prevail to the extent of the inconsistency.

Current to June 20, 2022

