Section 33 — Employment Equity Act: Limitation

The Commission may not give a direction under section 25 or 26 and no Tribunal may make an order under section 30 where that direction or order would cause undue hardship on an employer; require an employer to hire or promote persons who do not meet the essential qualifications for the work to be performed; with respect to the public sector, require an employer to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit, or impose on the Public Service Commission an obligation to exercise its discretion regarding exclusion orders or regulations; require an employer to create new positions in its workforce; impose a quota on an employer; or in the case of a direction or order respecting the establishment of short term numerical goals, fail to take into account the factors set out in subsection 10(2). In paragraph (1)(e), quota means a requirement to hire or promote a fixed and arbitrary number of persons during a given period. In making a direction or order that applies to the public sector, the Commission, in the case of a direction, and a Tribunal, in the case of an order, shall take into account the respective roles and responsibilities of the Public Service Commission and the Treasury Board under the Public Service Employment Act and the Financial Administration Act ; or a portion of the public sector referred to in paragraph 4(1)(c) or (d) under any other Act of Parliament.