HUMA Committee Report

INTRODUCTION

Federal legislation governing the elimination of barriers to employment has existed for more than 15 years. Like the original Employment Equity Act of 1986, the current law requires a quinquennial parliamentary review. On 3 December 2001, the House of Commons adopted the motion that, pursuant to section 44(1) of the Employment Equity Act, the Standing Committee on Human Resources Development and the Status of Persons with Disabilities be designated to conduct this review. This marked the beginning of the third Parliamentary review that has been undertaken since the inception of the original Employment Equity Act and the first review pertaining to the current law, which came into force on 24 October 1996.

The Committee commenced its hearings on the review of the Employment Equity Act in early December 2001 and held its last public meeting on this issue at the end of April 2002. During this period, the Committee canvassed the views of almost 100 witnesses who represented designated groups and employers covered under the Act, federal contractors, experts, employment equity practitioners, labour representatives, as well as departments and agencies involved in the administration of the Act.

Almost every witness who appeared before the Committee during its review of the Employment Equity Act expressed the opinion that there is a continuing need for this legislation. In addition to enhancing fairness in the Canadian workplace, employment equity was also touted as good for business and crucial in helping employers prepare to meet their future skill needs as the workforce ages and a growing proportion of visible minority and Aboriginal workers contribute to labour force growth.

Given the reality of changing economic conditions, deeply rooted employment practices in the Canadian workplace and the absence of skills among many disadvantaged workers, most members of Committee are encouraged by the progress in making federal workplaces more equitable. The majority of those who appeared before us also indicated that the Employment Equity Act has exerted a positive influence on workplaces covered by the Act and perhaps other segments of the Canadian labour market. Admittedly, progress has been slow and uneven. The job of building a more equitable workplace has just begun and much work remains to be done.

Our report does not call for a significant departure from the current Act at this time; a position expressed by most of the witnesses who generously shared with us their considered views, expertise and experience on this very important matter. The recommendations in our report are best characterized as directions for fine-tuning administrative processes, clarifying legislative ambiguity, enhancing awareness and supporting the labour market development needs of disadvantaged workers. We recognize that there is a need to focus more resources in specific areas, particularly in terms of facilitating greater access to employment for persons with disabilities and Aboriginal people. We recognize that there is a need for more employment equity promotion and education as well as guidance and advice. We believe that there is some scope for administrative improvements and clarification of statutory requirements under the Act. In our opinion, the success of employment equity requires a policy perspective that addresses both sides of the labour market and, in this context, we maintain that greater emphasis must be afforded to skill acquisition initiatives, an area within the constitutional jurisdiction of the provinces, for members of designated groups.

Our report begins with a brief overview of the progress made to date in achieving a more representative workplace in those sectors covered under the Act. This is followed by several sections dealing with key issues raised during our hearings including, among others, the need to enhance public understanding of employment equity goals and best practices, coverage under the Act, employers’ obligations and technical support, data collection, enforcement and enhancing the skills of equity group members in the workplace.