Certificate of Commitment

What is a Certificate of Commitment?

A Certificate of Commitment is a legal document that an organization with 100 or more employees must complete and submit as a condition for bidding on or receiving federal government contracts of $200,000 or more. It commits the organization to implement employment equity after the award of the first contract of $200,000 or more.

When should our organization sign a Certificate of Commitment?

Your organization should sign a Certificate of Commitment (hyperlink) as soon as:

• it employs 100 or more employees nationally; and
• it wishes to bid on federal government contracts of $200,000 or more.

The Certificate may be submitted in advance of a bid and faxed to Human Resources Development Canada (HRDC)-Labour at (819) 953-8768, or it may be submitted during the bidding process.

Who in our organization is required to sign the Certificate of Commitment?

The signature of the Chief Executive Officer or equivalent, or a senior manager with the authority to implement employment equity in the organization is required on the Certificate.

Our organization signed a Certificate of Commitment a few years ago. Do we need to sign a new one?

You will need to sign a new Certificate of Commitment when:

• the original Certificate of Commitment was signed a long time ago (three years ago or longer);
• the person who originally signed the Certificate of Commitment is no longer with the organization (having a new Chief Executive Officer sign a new Certificate is a positive sign the organization is truly committed to employment equity);
• the organization has undergone a change in its legal name; or
• the organization has acquired other businesses by takeover or merger, or has had other major changes to its structure.
  

Does the Certificate of Commitment apply to the whole organization or only to the part carrying out the contract?

The signed Certificate commits the entire Canadian workforce of the organization named in the Certificate, including all of its components (divisions, branches, sales offices, etc.).

Our organization has over 100 employees and we recently received a federal contract over $200,000, but we were not asked to sign a Certificate of Commitment (hyperlink). What should we do?

Organizations that have not yet signed a Certificate of Commitment and are in receipt of a contract are identified by Human Resources Development Canada (HRDC)-Labour, and the information is communicated to the appropriate contracting department. The procurement officer responsible for the contract may contact you and ask you to complete a Certificate.

Our organization is not covered by the Federal Contractors Program (FCP) but is being taken over by (or merged with) an organization that is subject to the Program. Do we become subject to the FCP?

Your organization is subject to the Program if it becomes a division within the acquiring company. However, if the acquired company still operates as a separate legal entity, then it is not covered.

Can our organization's Certificate of Commitment be cancelled?

Your organization's Certificate of Commitment may be cancelled without penalty in the following circumstances:

• The number of employees has decreased to substantially fewer than 100 with little likelihood that the number of employees will increase in the near future to 100 or more. This should be attested to in writing by the organization's CEO.
• The organization has been assigned a Certificate Number, but has not yet received and will not be bidding on future federal government contracts valued at $200,000 or more.
• The organization has ceased to operate due to bankruptcy or liquidation or has simply terminated its operations.