Section 41 — Employment Equity Act: Regulations

The Governor in Council may make regulations defining, for the purposes of the Act, the expressions “employee”, “hired”, “occupational group”, “promoted”, “salary” and “terminated”; prescribing the manner of calculating the number of employees employed by an employer for the purpose of determining when an employer is considered to employ one hundred or more employees; governing the collection of information and the conduct of analyses referred to in paragraph 9(1)(a) and the conduct of reviews referred to in paragraph 9(1)(b); governing the establishment and maintenance of employment equity records referred to in section 17; prescribing anything that is to be prescribed by this Act; and generally, for carrying out the purposes and provisions of this Act. A regulation made pursuant to subsection (1) may be of general application or may apply to a particular employer or group of employers. No regulation may be made under subsection (1) that applies to the public sector without prior consultation with the Treasury Board. No expression defined pursuant to paragraph (1)(a) that applies to the public sector shall be given a meaning that is inconsistent with the meaning that that expression or any similar expression is given under the Public Service Employment Act . The Governor in Council may, taking into account the operational effectiveness of the appropriate portion of the public sector referred to in paragraph (a) or (b), make any regulation that the Governor in Council considers necessary to adapt this Act or the regulations or any provision of this Act or the regulations to accommodate the Canadian Security Intelligence Service; or where an order is made under paragraph 4(1)(d) in relation to the Canadian Forces or the Royal Canadian Mounted Police, the Canadian Forces or the Royal Canadian Mounted Police. A regulation made under subsection (5) shall be made on the recommendation of the Treasury Board after consultation with in the case of a regulation respecting the Canadian Security Intelligence Service, or the Royal Canadian Mounted Police, the Minister of Public Safety and Emergency Preparedness;

and in the case of a regulation respecting the Canadian Forces, the Minister of National Defence. The effect of a regulation made under subsection (5) with respect to any matter may differ from the effect of the Act or the regulations or of any provision of the Act or the regulations with respect to that matter.