BILL NO. 41

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
50 Elizabeth II, 2001



Private Member's Bill



Employment Equity Act



Kevin Deveaux
Cole Harbour-Eastern Passage



First Reading: May 1, 2001

Second Reading:

Third Reading:

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An Act to Establish An Employment Equity
and Affirmative Action Policy for the
Legal Services Division of the Department
of Justice and Crown Law Agents

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Employment Equity Act.

2 The purpose of this Act is to achieve employment equity through employment practices that prevent and correct disadvantages in employment through special measures, reasonable accommodation of differences and programs to remove barriers to equitable employment opportunities.

PART I

LEGAL SERVICES DIVISION - DEPARTMENT OF JUSTICE

3 The Legal Services Division of the Department of Justice shall implement an employment equity and affirmative action policy to

(a) provide equal access to employment and career opportunities to ensure equitable representation at all levels within the Legal Services Division;

(b) develop, implement and maintain an affirmative action plan to ensure the equitable representation of Indigenous Black and Mi'kmaq lawyers within the Legal Services Division;

(c) use private law firms in compliance with the employment equity and affirmative action policy for Crown law agents; and

(d) look for opportunities to direct legal work to lawyers of colour and aboriginal ancestry.

PART II

CROWN LAW AGENTS

4 In this Part,

(a) "action plan" means an employment equity and affirmative action plan;

(b) "Department" means the Department of Justice;

(c) "Indigenous Black" means a person of African ancestry who was born in the Province or who has been primarily educated in the Province;

(d) "lawyer" means a graduate of a law school and includes a person enrolled in a law school;

(e) "Mi'kmaq" means a person of Mi'kmaq ancestry whether born in the Province or not;

(f) "primarily educated" means having attended primary or secondary school in the Province for a minimum period of five years.

5 This Part applies to all Nova Scotia law firms performing legal work for Her Majesty in right of the Province.

6 The Minister of Justice shall designate a person within the Legal Services Division of the Department as the Legal Services Division Co-ordinator for the purpose of this Part.

7 Law firms that wish to be retained as Crown law agents shall

(a) provide equal access to employment and career opportunities to ensure equitable representation at all levels within the law firm; and

(b) develop, implement and maintain an affirmative action plan to ensure the equitable representation of Indigenous Black and Mi'kmaq lawyers within the law firm.

8 All law firms are required as a condition of their retainer as Crown law agents to

(a) sign a commitment for Crown law agents indicating that the law firm is committed to achieving and maintaining a fair and representative work force by

(b) communicate their commitment to all current and prospective staff;

(c) agree to develop an action plan;

(d) implement an action plan;

(e) designate an employee of the firm as its co-ordinator for the purpose of this Part;

(f) post the firm's commitment to employment equity and ensure that the firm's co-ordinator has discussed the action plan with each partner and employee of the firm;

(g) agree to report information to the Legal Services Division Co-ordinator not less often than annually as well as upon request; and

(h) not discriminate contrary to the Human Rights Act.

9 The action plan referred to in Section 8 may include any measures the law firm deems appropriate to achieve a representative work force and shall include

(a) the designation of a senior partner of the firm who shall be responsible for

(b) a description of the responsibilities of supervisory and management personnel for implementation of the action plan and their accountability through performance appraisals and compensation reviews;

(c) development of measurable goals for the recruitment, hiring, retention and advancement to partnership of Indigenous Black and Mi'kmaq lawyers within the firm;

(d) a system to collect information and report periodically on the employment status of Indigenous Black and Mi'kmaq lawyers within the law firm in terms of hiring, promotion and termination in relation to all other lawyers within the law firm;

(e) a review of the recruitment, hiring, retention and advancement policies, practices and systems, whether formal or informal, to remove barriers to equitable employment opportunities and ensure a fair and representative work force;

(f) a review of job descriptions to ensure that they accurately reflect the job and employment requirements;

(g) broadening the distribution of recruitment notices to include diverse organizations and groups likely to promote employment equity and affirmative action;

(h) a requirement that the firm's recruiters complete employment equity and diversity education;

(i) the development of interview procedures for all positions using only job-related questions based on the job description;

(j) the identification of other means to strengthen the law firm's equitable recruitment, hiring, retention and advancement;

(k) implementation of a voluntary exit interview program and employee assistance program;

(l) on-site education on employment equity and affirmative action issues and initiatives for all partners and employees;

(m) the establishment of a method or system for internal monitoring to regularly review results of the action plan that specifies the frequency of reviews, the individuals performing the reviews and the results of the reviews; and

(n) the establishment of an internal complaint resolution procedure to address complaints dealing with employment equity and affirmative action.

10 No Nova Scotia law firm shall be engaged to perform legal work until a signed commitment has been filed with the Department committing the law firm to achieving and maintaining a fair and representative work force.

11 Law firms that comply with Section 8 shall be placed on an eligibility list.

12 (1) A law firm's action plan shall be filed within three months of the Department receiving the signed commitment referred to in Section 10.

(2) The Department shall determine whether the action plan is acceptable and, where the action plan is not acceptable, the Department shall contact the law firm, suggest changes and provide the firm with a deadline to file an amended action plan.

(3) A law firm may amend its action plan at any time with the approval of the Department.

(4) A law firm shall report to the Department in accordance with the following procedure:

(a) an initial report to be filed within three months of filing an acceptable action plan with the Department;

(b) an annual report to be filed by June 1st of each year; and

(c) such additional reports as may be requested by the Department.

(5) All law firm co-ordinators shall attend an annual meeting hosted by the Department to discuss progress in implementing action plans, review best practices and discuss employment equity and affirmative action issues.

(6) Non-compliance with subsection (1), (2), (4) or (5) shall result in the law firm being removed from the eligibility list.

(7) Where, upon receipt of the reports referred to in subsection (4), the Department determines that the law firm has not complied with the reporting requirements and no explanation acceptable to the Department is given, the law firm shall be removed from the eligibility list and the Department may hold back twenty per cent of the fees owing to the law firm.

(8) The Department shall exercise its discretion to accept an explanation pursuant to subsection (7) only in the clearest of cases where the law firm has satisfied the Department of its best efforts to comply.

13 (1) The Governor in Council may make regulations

(a) defining any word or expression used but not defined in this Act;

(b) deemed necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2001 Crown in right of Nova Scotia. Created May 1, 2001. Send comments to legc.office@gov.ns.ca.