Section 26 — Employment Equity Act: Direction of Commission

Where a compliance officer is of the opinion that an employer has failed to give reasonable assistance or to provide information as required by subsection 23(4), the compliance officer shall notify the Commission of the non-compliance and the Commission may issue and send, by registered mail, a direction to the employer setting out the facts on which the officer’s finding of non-compliance is based; and requiring the employer to take such actions as are specified in the direction to remedy the non-compliance. The Commission may rescind or amend a direction issued pursuant to subsection (1) on the presentation of new facts or on being satisfied that the direction was issued without knowledge of, or was based on a mistake as to, a material fact.