Bill C-65 (Historical)

An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1

Part 1 of this enactment amends the Canada Labour Code to strengthen the existing framework for the prevention of harassment and violence, including sexual harassment and sexual violence, in the work place.
Part 2 amends Part III of the Parliamentary Employment and Staff Relations Act with respect to the application of Part II of the Canada Labour Code to parliamentary employers and employees, without limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members.
Part 3 amends a transitional provision in the Budget Implementation Act, 2017, No. 1.

Canada Labour Code

[Bryan May, Liberal, Cambridge, ON]

Madam Speaker, I agree with the member opposite that actions speak louder than words. That is why I was very pleased at how the committee came together and worked. We basically eliminated political allegiances on this study. We had a number of people sit in on the committee on all sides who wanted to speak to this issue and really wanted to deal with this professionally and not to politicize this issue.

It is important to recognize the work that was done by the staff and the clerks to make the accommodations that were necessary to accomplish what we did. There were a number of firsts that were involved in this study, and I personally want to extend my thanks to my clerk and all of her team for making this happen, because it was critically important that we respect the privacy of those witnesses who appeared before us. That was done with an incredible amount of logistics and incredibly professionally.

[Sheri Benson, NDP, Saskatoon West, SK]

Madam Speaker, I am pleased to be in the House with my hon. colleague today.

I do want to acknowledge that the committee worked hard and the amendments that came forward from my colleague, the hon. member for Jonquière. Of course, not all of the amendments that were proposed were accepted, but I do want to acknowledge that there was an openness and willingness on the committee to make this bill better than what it was when it started at committee. Thus, I also want to congratulate the committee members.

I have one comment, in particular, about the fact that I have a connection with a local teamster union in my riding that has done a lot of work around mental health and had hoped to have mental health included in this document around psychological harassment and whatnot. I just wanted to make a point that when we do the five-year review, which I think is an excellent way to look at legislation, that we could once more entertain that addition as we know more once the bill is out and people are using it, and we know what works and what does not.

[Bryan May, Liberal, Cambridge, ON]

Madam Speaker, I agree with the member. I am not sure there was a question there, but I will take this opportunity to agree that this was a team effort.

I think that on the issue around what comes next, a lot of that is going to be dealt with, of course, in regulations. This is not something that is going to go away. I do not believe that we are done by simply passing Bill C-65. I think this is going to be a continuous project or issue that we are going to be dealing with well into the future.

We will have to evolve. We will have to make changes and we will have to develop the legislation over the years to deal with the times that we are faced with and the challenges that we are faced with.

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Madam Speaker, I want to thank my colleague from Cambridge for sharing his time with me so I could speak on this important subject.

I am pleased to be speaking on the Senate's proposed amendments to Bill C-65, an act to amend the Canada Labour Code regarding harassment and violence, the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1.

I want to start by thanking the members of the Senate for the effort they put into their study of Bill C-65. I especially want to thank them for the amendments they proposed, which we are debating today in the House. The government appreciates the work they did to strengthen this bill.

Getting back to the amendments to Bill C-65 proposed by the other place, one of them is intended to guarantee that the person designated by the employer to receive complaints regarding harassment and violence has the necessary knowledge, training and experience to deal with such situations. The amendment in question also highlights the need for the designated person to know the legislation applicable to each case. Our government recognizes the importance of ensuring that everyone in a workplace receives sufficient training. The bill enhances that aspect because it requires employers to ensure that all of their employees receive and undergo training in the prevention of harassment and violence.

Training for everyone is absolutely fundamental, not just to provide the necessary tools to respond effectively to a situation of harassment or violence, but also to bring about the cultural change needed to eliminate and eradicate this kind of behaviour. For these reasons, we support the proposed amendment, which explicitly requires the designated person to be qualified to receive complaints.

There are, however, other amendments that our government does not support. For example, the proposed amendment to clause 3 of Bill C-65 specifies that employers must ensure that the workplace is free from harassment and violence. While this is certainly in line with the intent of Bill C-65, it would, in practice, undermine the process at the heart of the code: the internal resolution system that gives those in the workplace the opportunity to quickly resolve the issue before escalating it to outside parties.

Workplace parties, including the employer, the employee or employees, must try to resolve the situation internally first, including undertaking an investigation if unable to resolve it to everyone's satisfaction. It is only in instances where the process has not been followed that a complaint would be made to the labour program, which would then trigger an investigation. This process recognizes that the workplace parties are the ones best positioned to identify, address, mitigate and prevent occupational health and safety hazards in their own workplace.

However, with this proposed amendment, the labour program could be required to investigate every incident relating to harassment and violence, regardless of the outcomes of internal workplace resolution processes. This would not only undermine the objective of the provisions, it would significantly increase costs for everyone involved. Furthermore, requiring the labour program to investigate every incident of workplace harassment and violence would divert resources from other health and safety investigations, ultimately delaying the resolution of all incidents. Resolving these incidents in a timely manner is paramount.

During our consultations prior to tabling Bill C-65 and in previous debates and committee meetings in the chamber, we heard time and time again that a lengthy resolution process is a major deterrent to those who might otherwise come forward. Individuals who experience workplace harassment or violence need effective and timely resolution. The last thing we want to do is deter individuals from coming forward when they experience an incident of harassment or violence in the workplace.

It takes an enormous amount of courage to do so and those individuals need to feel confident that their complaints will be dealt with as efficiently as possible. Members of the other chamber also proposed the addition of a line to specify that a copy of the investigation report must be provided to the employee and the employer. Let me assure everyone that this would be the case. It would be abundantly clear through the regulations that all parties involved would be informed of the status of the investigation. Unfortunately, where this was inserted in the bill as per the proposed amendment, it would not apply to complaints of harassment and violence. It would apply to all investigations undertaken by workplace committees of occupational health and safety violations except harassment and violence.

The line directly preceding the line that would be inserted states, “The employee or the supervisor may refer an unresolved complaint, other than a complaint relating to an occurrence of harassment and violence, to a chairperson of the work place committee or to the health and safety representative to be investigated jointly.” Complaints related to an occurrence of harassment and violence are specifically excluded here because if unresolved, they would be referred to a competent person. However, let me reiterate that this is a valid concern and it would be fully addressed in the regulations associated with Bill C-65. It would clearly stipulate that all reports from investigations would be shared with both the employee and the employer.

There is no doubt that this bill deals with some sensitive issues. Victims of harassment and violence deserve justice, they deserve a timely resolution, and they deserve to know that a good system is in place if needed. All of this is the basis for Bill C-65.

I assure the House that our government has carefully studied this legislative framework to ensure that the provisions are reasonably clear and effective. All Canadians deserve a workplace free from harassment and violence and in which inappropriate and unacceptable behaviour is not tolerated. Employees who have been victims of harassment and violence have suffered for too long and have had to deal with a limited system that did not work.

We listened to what Canadians had to say, and our action will bring about a change in culture that will have a positive effect on all workplaces and also on our society. We are keeping the promise we made to always stand with those who have been affected by these life-changing experiences.

I urge the House to support Bill C-65 so that we can set the standard and create a model of which we can all be proud.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Madam Speaker, I thank my colleague for tagging onto the comments made by his colleague, the member for Cambridge. I asked the question of his colleague, and it certainly applies to the recent comments by my colleague across the way.

We agree that we need to take action on this. All of us are impacted by this and we need to provide safeguards. However, it goes beyond words and beyond simply passing a bill and filing it on a shelf. It comes to action. Many times with this kind of inappropriate behaviour, the tone is set at the top. In recent months, we have seen from the front benches of the government, including the Prime Minister, inappropriate behaviour that has not been acknowledged and not been apologized for.

Therefore, does my colleague not feel that if we are to actually have the bill implemented and acted upon so Canadians can have confidence in it, we need the Prime Minister, the finance minister and other members of the front bench who have shown inappropriate behaviour to acknowledge that behaviour, apologize for it and set a new tone for all Canadians, including those in the House?

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Madam Speaker, I appreciate my opposition colleague's support for Bill C-65.

Harassment and violence are too often part of workplace culture in Canada. The scary part is that too few of these incidents are reported, and measures taken to put a stop to these behaviours in the workplace are often ineffective.

Our government is taking the necessary steps to address the problem of harassment and violence, to intervene quickly and effectively when incidents occur, and to support victims, survivors and employees. Bill C-65 is a progressive and revolutionary bill that Canadians can be proud of.

[Sheri Benson, NDP, Saskatoon West, SK]

Madam Speaker, I have raised this issue before in the House. We will be supporting the bill, and I do want to acknowledge the committee's work and acceptance of some excellent amendments from my colleague, the member of Parliament for Jonquière, around a number of areas. The bill is much better than it was before it came to committee.

The Teamsters Canada Youth Committee has been working on an issue called “Make It Mandatory”, which speaks to mental health support and awareness in the workplace. Its representatives made a presentation to the committee and had hoped it would be their opportunity to open up the Labour Code and include mental health as one of the grounds protected under the act. I know it did not happen this time, but I would ask my hon. colleague this. Under the mandatory review of the act, would he support mandatory mental awareness and support for people in the workplace in Canada?

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Madam Speaker, violence is unacceptable. According to Abacus Data, one in ten Canadians says that sexual harassment is common in their workplace.

That is not okay. It is not okay for employees to go to work with a sick feeling in the pit of their stomach. It is not okay for employees to be afraid to go to work.

This situation has gone on for far too long. That is why Bill C-65 is a major step forward toward ensuring safe, healthy workplaces for all. With this bill, we will ensure that victims get justice and swift resolution and that they can count on a system that works.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I will be sharing my time with the member for Vancouver Centre.

I am pleased to rise today to participate in the debate on Bill C-65. The main goal of the legislation is to ensure that all employees of federal jurisdiction, including those in federal workplaces and in federally regulated industries, are treated fairly and protected from harmful behaviours such as harassment and sexual violence.

On this side of the House, we are fully supportive of the changes that have been made in the bill.

The past year has been defined by many powerful stories, spearheaded by survivors and their families. Movements such as #MeToo, Time's Up, as well as the global women's marches have shone a light on the ongoing challenges faced by victims and survivors, as well as the harsh realities that continue to hold us back.

Bill C-65, introduced last November by the Minister of Employment, Workforce Development and Labour, represents the historic step this government is taking to prevent and address the issues of gender-based violence, particularly in federal workplaces.

Bill C-65 is built on the pillars of prevention, response and support. It will ensure that employers take steps to protect employees from these unacceptable behaviours, to respond to them when they occur and to offer support to those affected.

Sexual harassment and violence in the workplace is sadly nothing new. We know that legislation alone will not solve this problem. No one action will bring an end to gender-based violence. We must continue to do what we can. It will take a collective whole-of-government approach, alongside employers, employees, colleagues, family members and friends to move the needle forward.

To support our approach, in budget 2018, our government announced it would be providing $34.9 million over five years to support training and education, provide resources, such as an outreach hub accessible through an 800 number, and to support enforcement. Addressing gender inequality and gender-based violence has been a central theme to this government since day one.

Bill C-65 is historic and supports the first-ever gender-based violence strategy, which was launched by the Minister of Status of Women in 2017. Since the launch of “It's Time: Canada's Strategy to Prevent and Address Gender-Based Violence”, Status of Women Canada and federal partners have been working to find ways to take action on prevention, provide support for those affected and make changes to the justice system so it is responsive to the needs of women who experience harassment and violence.

In budget 2018, we expanded the gender-based violence program, with $29 million over five years, so more organizations, such as rape crisis centres, could help more high-risk women facing violence. This program supports the testing and implementation of practices that will help the gender-based violence sector do more for indigenous women and their communities and underserved populations, such as women living with a disability, non-status, refugee or immigrant women, LGBTQ2, gender non-conforming people and ethnocultural women.

It includes preventing dating violence and equipping health professionals to provide appropriate care to victims with an additional $31 million over five years; $5 million to enhance the development of preventative bullying and cyberbullying initiatives; enhancing support by $19.3 million over five years for the National Child Exploitation Coordination Centre to increase the investigative capacity of the RCMP; providing $2 million over five years to support sexual assault centres in close proximity to Canadian bases so members of the Canadian Armed Forces have access to a full spectrum of supports to address gender-based violence; an additional $14.5 million over five years to address human trafficking by establishing a national human trafficking hotline, including an online portal and a referral mechanism to social services and law enforcement; and up to $5.5 million over five years, starting in 2018-19, to work with stakeholders, including the provinces and territories, toward developing a harmonized national framework to ensure consistent, comprehensive and sustainable approaches in addressing gender-based violence at post-secondary institutions across the country.

In June 2018, the Minister of Status of Women marked the first anniversary of the strategy. Concrete steps forward this past year included: 7,000 new or repaired shelter beds for survivors of family violence; 2,225 sexual assault case files classified as unfounded were reviewed by the RCMP; over $4 million in funding to the Canadian Centre for Child Protection to protect children from sexual exploitation on the Internet and additional funding to establish a survivors' network; $20 million to support projects to address gaps in supports for gender-based violence survivors and their families; and the launch of the first ongoing national survey on gender-based violence in Canada.

In conclusion, the actions speak clearly and loudly. Our government is committed to preventing and addressing violence against women and girls. We are doing just that. I would like to encourage everyone in the House to continue the work that we have started. By working together, we can eradicate violence in all its forms and achieve peaceful, safe lives for everyone in Canada and around the world. In that worthwhile struggle, I wish members courage, wisdom and perseverance.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Madam Speaker, this is three in a row now where we have had commitments to the words of the bill, which we all agree with. We want this serious matter to be addressed clearly. My colleague said different times that actions speak clearly and loudly and that regulations alone will not solve the problem. My previous two questions related to the leadership from the top of the government on the front benches, including the Prime Minister and the Minister of Finance, in terms of some of their inappropriate behaviour, which has not been acknowledged or apologized for.

Again, does my colleague not feel that if we are actually put action to the bill and have it implemented and that Canadians see leadership from this chamber, it is incumbent upon the leaders of the government to take the first action, apologize for their actions and to set the record straight going forward?

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, leadership is about identifying problems, creating and identifying solutions for those, putting the processes and policies in place to ensure that people have access to the resources that they need in order to overcome the violence we are talking about in the bill. That is exactly what we are seeing in the bill. We are seeing the leadership that is required from a whole-of-government approach to addressing gender-based violence in particular, a matter I know everyone in the House takes seriously and will strive toward creating a serious, meaningful impact and difference in the future.

[Karine Trudel, NDP, Jonquière, QC]

Madam Speaker, we have talked a lot about Bill C-65 in the House over the past two days. This bill amends the Canada Labour Code in order to reduce violence, intimidation and sexual harassment.

We have talked a lot about this, but I would like to hear what my colleague thinks. What does he think about the fact that, despite the many amendments I proposed, the government did not want to keep the joint health and safety committees? The government did not want to give those who file a complaint the option of submitting it to a joint workplace health and safety committee. We heard the argument that it would undermine the confidentiality of the person filing the complaint, but actually the opposite is true. The members of these committees have a certain expertise in the organization and they know how to work with people.

I would like to know why the government rejected the amendments and why it took away the right of joint workplace health and safety committees to receive and investigate complaints.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I admit that there is a vast array of subjects that we get to be part of and contribute to in the House. This is one of those ones that I do not have the level of detail that the member is referring to when she talks about the various different components. What I can say is that I have a great degree of faith in the legislative process, the committee process we have, where the bill has come from and where it has gone through the process in order to determine the best safeguards to be put in place for victims. I have faith in the work that our committees do. What they recommend back to Parliament through that deliberative process is something that I am extremely willing to accept and I am willing to move forward with.

[Alupa Clarke, Conservative, Beauport—Limoilou, QC]

Madam Speaker, this a very important debate today, as we are speaking about increasing safeguards at the workplace for males and females, concerning discrimination, harassment, be it sexual or other types of harassment.

It struck me today that, on an ongoing basis, my colleagues have been asking members on the other side of this House about the actions that were alleged this summer, through the media, that the Prime Minister inappropriately touched a journalist 20 years ago. The PM has not addressed this situation in an appropriate way.

What does the member have to say about this?

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I have already answered this question. I could be brief and just say that.

Again, it comes back to the leadership that is displayed on this side of the House. It is about identifying the problems, creating the policies and processes to put them in place, to make sure that all victims are protected through the process they will have to go through, should they have complaints to bring forward.