Section 54.1 — Canadian Human Rights Act: Definitions

In this section, designated groups has the meaning assigned in section 3 of the Employment Equity Act ; and ( groupes désignés ) employer means a person who or organization that discharges the obligations of an employer under the Employment Equity Act . ( employeur ) Where a Tribunal finds that a complaint against an employer is substantiated, it may not make an order pursuant to subparagraph 53(2)(a)(i) requiring the employer to adopt a special program, plan or arrangement containing positive policies and practices designed to ensure that members of designated groups achieve increased representation in the employer’s workforce; or goals and timetables for achieving that increased representation. For greater certainty, subsection (2) shall not be construed as limiting the power of a Tribunal, under paragraph 53(2)(a), to make an order requiring an employer to cease or otherwise correct a discriminatory practice.