INUIT EMPLOYMENT WITHIN GOVERNMENT
In this Article:
"government employment" includes
positions in the federal Public Service for which Treasury Board is the employer,
positions in the territorial Public Service for which the Commissioner is the employer, which shall include positions in the Northwest Territories Housing Corporation, and positions for which a Municipal Corporation is the employer;
"government organization" means a department or similar body within Government in the Nunavut Settlement Area;
"in-service training" means training provided to persons working in government employment;
"Inuit employment plan" means a plan designed to meet the objective of these provisions in accord with the process set out in Part 4;
"pre-employment training" means training provided to persons not employed by Government in anticipation of government employment;
"representative level" means a level of Inuit employment within Government reflecting the ratio of Inuit to the total population in the Nunavut Settlement Area; this definition will apply within all occupational groupings and grade levels;
"systemic discrimination" means policies or practices, which are not intended to discriminate, but which have a disproportionate and adverse effect on members of designated groups, and for which there is no justification;
"under-representation" means a level of Inuit employment within Government in the Nunavut Settlement Area that is lower than the ratio of Inuit to the total population in the Nunavut Settlement Area.
The objective of this Article is to increase Inuit participation in government employment in the Nunavut Settlement Area to a representative level.It is recognized that the achievement of this objective will require initiatives by Inuit and by Government.
In pursuit of this objective, Government and the DIO shall cooperate in the development and implementation of employment and training as set out in the Agreement.
INUIT LABOUR FORCE ANALYSIS
Within six months of the date of ratification of the Agreement and as a basis for the development of initiatives contemplated in this Article, the Government shall, with the participation of the NITC, undertake a detailed analysis of the labour force of the Nunavut Settlement Area to determine the availability, interest and level of preparedness of Inuit for government employment. The data shall be maintained and updated on an on-going basis.
The purpose of the analysis in Section 23.3.1 is to assess the existing skill level and degree of formal qualification among the Inuit labour force and to assist in formulating Inuit employment plans and pre-employment training.
It is understood that the analysis in Section 23.3.1 will incorporate and build upon existing data wherever possible.
INUIT EMPLOYMENT PLANS
Within three years of the date of ratification of the Agreement, each government organization shall prepare an Inuit employment plan to increase and maintain the employment of Inuit at a representative level.
An Inuit employment plan shall include the following:
an analysis to determine the level of representation of Inuit in the government organization and to identify areas of under-representation by occupational grouping and level and regular full-time and regular part-time employment status;
phased approach, with reasonable short and medium term goals, in the form of numerical targets and timetables for employment of qualified Inuit in all levels and occupational groupings where under-representation has been identified; such goals to take into account the number of Inuit who are qualified or who would likely become qualified, projected operational requirements, and projected attrition rates;
an analysis of personnel systems, policies, practices and procedures in the organization to identify those which potentially impede the recruitment, promotion, or other employment opportunities of Inuit;
measures consistent with the merit principle designed to increase the recruitment and promotion of Inuit, such as
measures designed to remove systemic discrimination including but not limited to
- removal of artificially inflated education requirements,
- removal of experience requirements not based on essential consideration of proficiency and skill,
- use of a variety of testing procedures to avoid cultural biases,
intensiverecruitmentprograms, including the distribution of competition posters throughout the Nunavut Settlement Area, with posters in Inuktitut as well as Canada's official languages as required,
inclusion in appropriate search criteria and job descriptions of requirements for an understanding of the social and cultural milieu of the Nunavut Settlement Area, including but not limited to
- knowledge of Inuit culture, society and economy,
- community awareness,
- fluency in Inuktitut,
- knowledge of environmental characteristics of the Nunavut Settlement Area,
- northern experience,
Inuit involvement in selection panels and boards or, where such involvement is impractical, advice to such panels and boards,
provision of counselling services with particular attention to solving problems associated with accessibility to such services,
provision of in-service education assignment and upgrading programs adequate to meet employment goals,
promotion of apprenticeship, internship and other relevant on-the-job training programs,
special training opportunities,
use of measures which are found to be successful in achieving similar objectives in other initiatives undertaken by Government, and
identification of a senior official to monitor the plan; and
a monitoring and reporting mechanism on implementation of the plan.
All employment plans shall be posted in accessible locations for employee review.
Notwithstanding the overall objectives of this Article, it is understood that some organizations may employ so few persons in the Nunavut Settlement Area that strict application of the above measures may not be practicable.
The plans outlined in Part 4 will require special initiatives to provide some Inuit with skills to qualify for government employment. Government and the DIO shall develop and implement pre-employment training plans.
To the extent possible, the plans referred to in Section 23.5.1 shall be designed to meet the special needs of Inuit by various means, including:
instruction in Inuktitut;
training within the Nunavut Settlement Area;
distribution of training sites among communities, it being understood that circumstances may require that training take place in central locations within the Nunavut Settlement Area or in other locations outside the Area; and
the taking into account of Inuit culture and lifestyle.
Recognizing that active participation of Inuit in the employment and training programs will be required in order to meet the objective set out in Part 2, the DIO shall, to the extent possible, undertake, with assistance from Government, to play a primary role in the establishment and maintenance of support measures to enhance the potential for success of the measures undertaken pursuant to this Article.
REVIEW, MONITORING AND COMPLIANCE
On the fifth anniversary of the date of ratification of the Agreement and at five-year intervals thereafter, or at such other dates as may be agreed upon by the Implementation Panel, the Panel shall arrange for an independent review of the Inuit employment plans and other measures under this Article.The Implementation Panel shall identify and recommend measures to correct any deficiencies in the implementation of this Article. With respect to pre-employment training plans under Part 5, the Panel shall consult with the NITC prior to identifying or recommending measures to correct any deficiencies in the implementation of Part 5.
The findings of the independent review and recommendations of the Implementation Panel shall be consolidated in the relevant annual report prepared by the Implementation Panel pursuant to Sub-section 37.3.3(h).
CANADIAN FORCES AND RCMP
Although uniformed members of the Canadian Forces and the R.C.M.P. are excluded from the broad application of the provisions of this Article, it is understood that with respect to these categories of government employment, current policies for increasing recruitment, training and retention of Inuit shall continue, but will not necessarily reflect representative levels of the population in the Nunavut Settlement Area.
Notwithstanding any other provisions in this Article, Inuit shall continue to be eligible to benefit, on as favourable a basis as any other persons, from any special employment program, employment equity program, equal opportunity program or similar program that may exist, from time to time, for the purpose of increasing or otherwise promoting the employment of aboriginal people or other designated groups within or by Government.