Answer Key -- The correct answers are in bold
With each of your answers, indicate as well the relevant section number from the Act.
Q. 1 Which one of these statements is incorrect?
a) information on the identity of designated group members is confidential 9(3)
b) information on members of the four designated groups is obtained through
self-identification -- Information on women is taken from other sources 9(2)
c) the four designated groups are Aboriginal peoples, visible minorities, persons with
disabilities and women 3
d) gays or lesbians are not recognized as a designated group 9(2)
e) an employer may identify a designated group member if he or she agrees to be identified
9(2)
Q. 2 Select the correct answer:
Employment equity plans
a) are protected documents for use only by departmental managers, TBS and CHRC
compliance officers 15(3)
b) must be tabled each year before Parliament along with the annual employment equity
report 21(1)
c) must not cover a period exceeding three years. By definition longer term goals
exceed 3 years 10(3)
d) are not required when no underrepresentation has been identified. There could
be barriers to be addressed even if underrepresentation has been corrected 10(1)
e) none of the above
Q. 3 True or false:
Where underrepresentation has been identified, employment equity plans must contain
a) longer term numerical goals? False: longer term numerical goals not required
10(1)(e)
b) recruitment and promotion quotas? False 6, 10(1) and 33
c) short term numerical promotion goals? True 10(1)(d)
d) timetables for consultations with employees' representatives? False 10(1)
Q. 4 Which one of these statements is incorrect?
a) The new EEA covers the federally regulated private sector, federal
Crown Corporations, federal contractors and the federal Public Service Wrong: not federal
contractors 4(1) and 42(2)
b) The new EEA enables the CHRC to audit all organizations subject to the Act 22(1)
c) The new EEA broadens the scope of the previous FAA provisions by requiring that
employees' representatives not only be consulted on the implementation of employment
equity but that they also collaborate with employers to prepare the employment equity
plans 15(3)
d) The new EEA subjects the Canadian Forces and the RCMP to the Act but delays the actual
application of the provisions of the Act to these organizations until the taking of an
Order in Council 4(1) and 41(5)
Q. 5 Choose the statement that summarizes best the Purpose of the Act
(s. 2):
a) employment equity means equal pay for work of equal value
b) employment equity means providing equal treatment to all employees
c) employment equity means never having to say you are sorry
d) employment equity means managing human resources in such a manner that
employees are all on an equal footing for employment opportunities
e) employment equity means redressing past discrimination by providing special advantages
to certain employees
Q. 6 What term is defined in the Act by these words and in which section?
"A requirement to hire or promote a fixed and arbitrary number of persons during a
given period" Quota 33(2)
Q. 7 In chronological order, what would be the first steps in the sequence for
enforcing the majority of the obligations contained in the Act?
a) complaint, designation of compliance officer, security requirements, all reasonable
assistance to compliance officer, compliance audit, written undertaking, written
direction(s) by CHRC compliance office
b) designation of compliance officer, security requirements, compliance audit, all
reasonable assistance to compliance officer, written undertaking, written direction(s) by
CHRC compliance officer
c) designation of compliance officer, security requirements, all reasonable assistance to
compliance officer, compliance audit, written undertaking, written direction(s) by CHRC
compliance officer
d) designation of compliance officer, security requirements, all reasonable
assistance to compliance officer, compliance audit, written undertaking, written
direction(s) by CHRC 22 to 26
Q. 8 Name at least one obligation contained in the Act that is not enforceable by the
CHRC
Obligations not covered under 25(1), such as consultations on adverse impact of
a barrier 8(3), participation by bargaining agent in a consultation 15(2), collaboration
of employees' representatives re. plan 15(3) and reports 18, 20 and 21
Q. 9 Select the correct answer:
The annual report of the President of the Treasury Board on employment equity must be
tabled before Parliament
a) within six months of the end of each fiscal year, at the same time reports of
separate employers are tabled 21(3)
b) within 12 months of the end of each fiscal year 21(1)
c) on the 29th of February of each year
d) before the Department of Human Resources Development and the Canadian Human Rights
Commission table their respective annual report
Q. 10 Select the correct answer:
An order of an Employment Equity Review Tribunal is final
a) unless one of the parties uses the appeals procedure contained in the Act
b) unless the Tribunal has exceeded its jurisdiction, neglected important facts or
made an obvious mistake Some of the possible reasons for judicial review 30(3)
c) unless one of the parties convinces a judge of the Federal Court that the employment
equity expertise of the Tribunal members is insufficient under ss. 28(3)
d) unless the order imposes a quota on an employer that would cause undue hardship Answer
would be correct if it read "imposes a quota or causes undue hardship" 33(1)
Q. 11 True or false:
Where there is underrepresentation, the Act requires public sector employers to hire
personnel regardless of merit. False 6(c)
Q. 12 As an employment equity compliance officer, you want to verify compliance of
employers with the Act. How long will you have to wait before you can audit an
organization which just became an employer under the Act?
a) I do not have to wait
b) I have to wait at least 24 months after the date on which the organization
became an employer subject to the Act 16(2)
c) I have to wait for an invitation to audit from the employer!
Q. 13 True or false:
Annual employment equity reports produced by separate employers contain information
identical to that of the President of the Treasury Board? False: the report of the
Canadian Security Intelligence Service does not provide numbers of employees nor their
regional distribution 21(6) and reports of separate employers are not to contain "a
consolidation" 21(2)
Q. 14 True or false:
Sub-section 4(1) applies to
a) private sector employers which employ one hundred or more employees? True: 3
and 4(1)
b) federal departments and agencies which employ one hundred of more employees and for
which Treasury Board is the employer? False: Treasury Board is the employer
covered, regardless of the size of any component of the federal Public service 4(1) and
4(4)
c) separate employers which employ one hundred of more employees? True 4(1) -- Canadian
Forces and RCMP after the taking of an order in council
d) RCMP police stations which employ one hundred or more employees? False: the RCMP itself
will be the employer covered under the Act after the appropriate order in council, if it
employs at least one hundred employees 4(1)
Q. 15 True or false:
When non-compliance has been found, in order to negotiate a written undertaking in a
collaborative way, the CHRC must issue a written direction to the employer. False 22(2)
Q. 16 Select the correct answer:
A short term numerical goal
a) requires employers to correct the underrepresentation of persons in a designated
group over a period of three years maximum, taking into account a number of factors such
as availability of qualified designated group members
b) is another name for numerical target or numerical objective, which all amount to quotas
c) is a goal you will have completely forgotten over the longer term
d) seeks to increase the share of recruitments and promotions of certain groups to
reduce underrepresentation 10(1)(d)
Q. 17 Select the correct answer:
Statistically based complaints related to designated group members under the Canadian
Human Rights Act
a) are not allowed since the new Employment Equity Act received Royal Assent Not
since the coming into force 55
b) will not be allowed anymore if the employer has addressed the matter in its employment
equity plan Not to be confused with 50
c) will not be allowed anymore if the employer does not employ one hundred employees or
more Not a requirement under CHRA
d) will not be allowed anymore if they are based on statistics produced by Statistics
Canada
e) none of the above 48
Q. 18 Because of a Cabinet shuffle, the new President of the Treasury Board has not
tabled her annual employment equity report by the legal deadline. What penalty could she
face?
a) go to bed without dessert
b) $50,000 fine for each day past the deadline Incorrect amount 36(2), see also d)
c) 30 days of community work
d) public embarrassment Penalties only for private sector employers 35(1) and
25(1)
e) b) and c) combined
Q. 19 What minister(s) must be consulted before the Governor in Council
a) makes regulations under the Act that apply to the public sector? Treasury
Board ministers 41(3)
b) makes specific regulations to adapt the Act or the regulations to take into account
operational effectiveness? Solicitor General and/or Minister of National Defence
41(6)
Q. 20 If an employment equity plan contains all of these:
1) reasonable accommodation measures over a period of one year
2) measures for the elimination of employment barriers over a period of two years
3) short term numerical goals over a period of three years
4) and longer term goals over a period of five years
At a minimum, at which frequency should an employer review this plan: once every ???
year(s)
At least once in three years, the period in respect of which the short term
numerical goals are established 13
Legislation and Policy -- Employment Equity
Employment Equity Division
Human Resources Branch
Treasury Board Secretariat
February 19, 1998
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