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.

[Karine Trudel, NDP, Jonquière, QC]

I'd like to pick up on the definitions issue and our earlier discussion.

Bill C-65 does not set out definitions for harassment or violence, and that is a serious concern. The Canada Labour Code lays out a definition for the term sexual harassment only. That means the definitions do not appear in the bill, the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, or the Budget Implementation Act, 2017, No. 1.

You gave a few examples. I'd like to know how employers and unions are going to be able to provide training and define what constitutes harassment in order to prevent it. You said that a touch on the shoulder could be considered harassment. If the point is to educate people, we need to define harassment so that people are able to recognize it.

[Lori Sterling]

Our intention is to have it in place and ready. When Bill C-65 comes into force, it will be ready. In fact, it may—

[Rachael Thomas, Conservative, Lethbridge, AB]

Thank you. I'm aware of that. That's what I said, but will it be implemented, will it be in place before Bill C-65 is implemented?

[Rachael Thomas, Conservative, Lethbridge, AB]

The current act requires the minister to appoint an appeals officer for occupational health and safety appeals, and the decisions of this officer are binding and cannot be appealed to a federal court.

I understand that the budget implementation bill this spring will transfer these provisions to the Canada Industrial Relations Board. Is this correct? That's my first question. Second, will this transition be in place before Bill C-65 comes into effect?

[Dan Ruimy, Liberal, Pitt Meadows—Maple Ridge, BC]

Thank you.

Now that this dialogue is happening and it's coming, for you, out of the shadows, sometimes there might be a little bit of fear that it might go a little bit too far. However, you have said that Bill C-65, once implemented, will actually help empower employers to be more effective when it comes to harassment and dealing with these issues. Can you expand a little bit further on that?

[Karine Trudel, NDP, Jonquière, QC]

Minister, thank you for being here today to discuss Bill C-65. I have a number of questions for you.

First, the bill contains strong privacy protections for victims of harassment and violence. It also gives federally regulated employers and Parliament the ability to make use of a third party from the same workplace.

Now, I will fire off my questions. How are you going to manage and protect people's privacy when individuals in the same workplace will be the ones investigating the complaint to determine whether harassment or violence occurred, particularly in the case of sexual harassment or violence? Furthermore, how do you intend to protect victims?

Do victims have any recourse if their privacy is breached in the course of the investigation? If their personal information were exposed, would they have any recourse in that regard? Would individuals affected by workplace harassment or violence receive some sort of redress if their privacy were violated?

[Steven Blaney, Conservative, Bellechasse—Les Etchemins—Lévis, QC]

Thank you, Mr. Chair.

Welcome to the committee, Minister.

I would point out not only that the official opposition supported Bill C-65 in the House, but also that the parties agreed to an intensive study of the bill to help fast-track it. We believe this is a necessary bill whose time has come, as you mentioned in your remarks.

You said you wanted to send a strong message to all Canadians with this legislation. For those of us in the opposition, two things matter a great deal. First of all, it's important to ensure that the process is independent, especially as regards incidents or harassment on Parliament Hill. That's one element we'd like to examine with you this afternoon, as well as with the witnesses we hear from in the course of our study.

Minister, partisanship must have no place in this process. An alleged victim must not be forced to interact with their attacker or, in this case, with the minister in question. We need assurance from you on that, and by the same token, you will be reassuring Canadians about the benefits of the bill.

Second of all, will you show that the Department of Employment and Social Development has the expertise and capacity to investigate complaints and make recommendations when the process does not work?

Let's say, that, right now, someone feels they are experiencing harassment or violence in the workplace but fears going to their employer and having to go through mediation with their attacker. Can that person take their complaint directly to the Department of Employment and Social Development? Do you have the necessary resources to support the victim and make sure that the complaint is dealt with, today and after the bill is passed?

[Patty Hajdu, Liberal, Minister of Employment]

Thank you.

Mr. Chair and members of the committee, I am proud to be here with you today to speak to Bill C-65.

This bill aims to address and ultimately eliminate harassment and violence, including sexual harassment and sexual violence, in federally regulated workplaces.

Bill C-65 is a reflection of our government's commitment to gender equality. Women simply can't get ahead and have opportunities equal to men's in workplaces where they experience harassment or sexual violence and where this behaviour is tolerated. This bill will provide greater protections to Canadians in federally regulated workplaces, including Parliament Hill and political staff, for the very first time in our history.

Harassment and sexual violence are unfortunately not new behaviours, and while recent reports of these unacceptable behaviours have captured our attention, it's been happening for far too long, and it is definitely time to take action. Harassment and sexual violence thrive in places where we see distinct power imbalances, especially here on Parliament Hill, and that creates a culture where victims of harassment or sexual violence don't feel comfortable bringing their complaints forward. As it stands right now, victims often don't have suitable options for making their complaints heard, and they also don't have options for resolving what are often very serious and traumatic incidents.

Like many of you here today, I have heard about heartbreaking experiences from many people who feel that their complaints will never be heard, that they will not be taken seriously, or that their issue won't be resolved.

When Canadians face harassment and violence at work, whether it's bullying, threats, physical assault, or mental abuse, the effects are detrimental for those employees, of course, but they are also detrimental for employers. People who experience harassment or violence often have higher rates of absenteeism, while employers see a greater staff turnover and, of course, a loss of productivity, so ensuring Canadian workplaces are safe and healthy is really a win-win for employees and employers alike.

That's why I was so proud to see my colleagues in the House take a united stand and unanimously send Bill C-65 to this committee.

I know that members of this committee agree that this is an issue that crosses party lines and that these behaviours have gone unchecked for far too long. Bill C-65 proposes amending existing provisions in the Canada Labour Code by replacing the patchwork of laws and policies that address these issues within the federal jurisdiction and putting into place one comprehensive approach that takes the full spectrum of harassment and violence into consideration.

It would expand these policies to cover, for the first time in the history of our country, as I've said, parliamentary workplaces such as the Senate, the Library of Parliament, and the House of Commons, including political staff on Parliament Hill.

Our framework aims to prevent incidents of harassment and violence from occurring, to respond effectively to those incidents when they do occur, and to support victims and survivors in the process.

I want to take a moment to outline the process for a complaint to be brought forward and dealt with in parliamentary and non-parliamentary workplaces. I want to be very clear that a complaint can be made to the Department of Labour at any time if a complainant doesn't feel that the process is being followed.

First, the employer must attempt to resolve the incident when a complaint is made. This can be done in various ways, including mediation, if the parties agree. If the incident cannot be resolved, a competent person will investigate and complete a report, with recommendations. If there is still non-compliance—for example, the employer doesn't implement the recommendations made by the competent person—there are two processes that follow, one for non-parliamentary employers and employees, and one for parliamentary employers and employees.

If an employee in a non-parliamentary workplace still believes that his or her employer is non-compliant after the investigation is complete, the employee can complain to the labour program. The labour program will initiate an investigation of whether or not the process laid out in the code has been followed. If the labour program finds that the employer is contravening the code, compliance will be sought through the use of compliance and enforcement tools that are available in the Canada Labour Code. We would first seek voluntary compliance, and then if it's not successful, there are a number of compliance and enforcement tools available that include publicly naming employers who are found to be non-compliant.

Similarly, if an employee in a parliamentary workplace still believes that his or her employer is non-compliant with the code after the investigation is completed, the employee can complain to the labour program. The labour program will initiate an investigation of whether or not the process has been followed. Then the Speaker of the House will be notified when there is an investigation. If the labour program finds that the employer is contravening the code, we will first seek voluntary compliance by the employer. If that's not successful, I, as the minister, will issue a direction to the employer to comply and will notify the Speaker. He or she may intervene. If there is still non-compliance and the direction has not been appealed, the direction, including naming the employer, will be tabled in the House of Commons.

For both parliamentary and non-parliamentary employers and employees, there is an opportunity to appeal directions from the labour program with independent boards.

Our government has been clear that harassment and violence will not be tolerated. The Prime Minister has shown that he is not afraid to take action when needed.

Also, the House sent a strong message to all Canadians in February with its unanimous support of this bill at second reading.

Now the time for inaction is indeed over. Bill C-65 will ensure that workers in federally regulated sectors, including on Parliament Hill, finally have the protections they need, and it will ensure that those who are in vulnerable positions will have a voice. Everyone deserves to work in a safe workplace, and they deserve to live free from harassment and violence.

I'm very much looking forward to hearing the committee's views on how we can strengthen the legislation. Ideas were brought forward during the debate, and I look forward to discussing these further with all of you.

We know that the problem is far too big for us to solve with a bill. All Canadians will have to work together to change the culture that tolerates harassment and violence in the workplace.

By discussing this legislation, we are sending a strong message to all Canadians that indeed time is up. These behaviours need to stop. We're taking important steps to eliminate these behaviours in all federally regulated workplaces and right here on Parliament Hill.

I want to thank my colleagues, from all parties, for supporting this important legislation so far.

This committee has an incredibly important role in examining this legislation. You have an opportunity to effect real change and to send a strong message to all Canadians that harassment and sexual violence are unacceptable and will not be tolerated any longer.

I look forward to working with all of you to ensure the timely passage of Bill C-65.

Merci.

[The Chair, Liberal, Bryan May]

I call the meeting to order.

Good afternoon, everybody. Welcome.

Pursuant to the order of reference of Monday, January 29, 2018, the committee is commencing consideration of Bill C-65, 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.

Today the committee will hear from the Minister of Employment, Workforce Development and Labour for one hour, and then departmental officials for the second hour.

It's my pleasure to welcome the Honourable Patty Hajdu to this committee once again. Joining her today we have Lori Sterling, deputy minister, labour program.

Welcome, both of you.

Patty, the floor is yours.

Canadian Armed Forces

[Harjit S. Sajjan, Liberal, Minister of National Defence]

Mr. Speaker, let me be very clear on this matter. Inappropriate sexual behaviour of any kind is completely unacceptable and will not be tolerated. Our government has been very clear that we are committed to a harassment-free workplace for all Canadians. We have recently tabled Bill C-65, and we have a proven track record on this matter.

Though I cannot speak to the specifics of this case, as a government we have made our approach clear on issues like these, and we will continue along this path.

Canada Post

[Carla Qualtrough, Liberal, Minister of Public Services and Procurement]

Mr. Speaker, harassment and bullying of any kind are unacceptable, period. My office has reached out to the individual from Winnipeg who raised these concerns. Canada Post has policies in place to address issues of harassment, and we will make sure that this policy is being followed.

Our government ran on a commitment to take action on workplace harassment in federally regulated workplaces. That is why all parties worked to get Bill C-65 to committee, which would create a more robust regime that would better address harassment and violence in the workplace, including at Canada Post.

[Chris Bittle, Liberal, St. Catharines, ON]

I'm sorry, I didn't catch the last couple of sentences, but I just want to add that the human resources committee is doing an extensive study on Bill C-65, and it just passed a motion to have confidential sessions as well, so that even individuals, interns, staffers, and members of Parliament can come and tell their stories. In terms of that bill, there's movement on those other fronts at this particular point.

Canada Labour Code

[The Assistant Deputy Speaker, NDP, Carol Hughes]

There being no further members rising for debate, by order made earlier this day, Bill C-65, 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, is deemed read a second time.

(Motion agreed to, bill read the second time and referred to a committee).

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, I want to raise one more thing. In the House today we are talking about our response to sexual harassment in the workplace. Bill C-65 will definitely do a lot in order to help us along that journey and make sure that individuals who come forward with allegations are heard and that action is taken.

My question is this. I am wondering if the hon. member could comment as to what measures could be taken within this place, and perhaps even within other workplaces, but giving priority to this place, that are preventive in nature to make sure that the staff who work for members of Parliament are actually free of victimization.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Madam Speaker, I am going to be sharing my time with the member for Essex. I am honoured in this astonishing time to be speaking to the vitally important issue of sexual harassment and violence in our public dialogue and in our workplaces.

I am going to talk about the brave young women who are coming forward, the legacy of social justice women's rights activists on whose shoulders we stand. I am going to talk about the support of my party, the NDP, for Bill C-65. I am going to affirm that no party is immune to the revelations and bad behaviour that are being reported. I am going to talk about the cost of shutting women out of politics. I am going to talk a bit about some of the changes to the bill that would help us to make it even better protection for workers.

The imperative for us to take this action as parliamentarians is fuelled by the terrible stories that we are hearing. I have a quote from a former parliamentary staffer, Beisan Zubi. She said that being a parliamentary staffer on the Hill was “a crash course in sexism and sexual harassment”. She said, “But if I’m being honest, I would have also warned them to stay away, that Parliament Hill, in my experience, was a fundamentally unsafe place for young women.” How can that be said about the Commons, the place for the people? Lauren Dobson-Hughes said, “You take your cues from people around you who are in positions of power, and if they don't think that's weird, if that didn't even momentarily give them a second glance, then you think, 'Maybe the problem is me; maybe that's just normal.'” It is not normal.

More than anything, I want to state it is a privilege for us to be in this House and to be able to make permanent change at this historic time. I want to honour the brave women who, after decades of holding these stories back, are risking themselves and their reputations and are telling their stories and ringing the alarm on deeply embedded sexism and violence in our common discourse and in our workplaces, including this workplace here. I recognize the great cost to women for coming forward. I want to say to them that I am really sorry it happened to them and that we are going to honour their bravery by doing the right thing here in this House. We recognize that we have the highest responsibility to act on the respect and importance of the words that we have been given. This is the global #MeToo movement. This is Time's Up, and time is up.

We are determined to ensure workplaces in this country are safe from sexual harassment. We know all workers everywhere deserve and are entitled to a safe and secure environment. The work before us today is to make sure there is zero tolerance for harassment and violence in our workplaces, and that when it does happen, there must be a transparent process where the complainants are confident that they will be treated with respect and privacy, and those who are accused know there is a process that will be adjudicated, and the public will have an idea about what that process is.

The labour minister's proposal, Bill C-65, amends the Canada Labour Code to include sexual violence and harassment, and it attempts to do a similar thing within parliamentary workplaces where the concern about parliamentary privilege has even prevented the Canada Labour Code from having effect in our constituency offices across the country and here on the Hill. I am very grateful to the labour movement for identifying changes that we can put in place that would improve the bill and also to my colleagues, the member for Saskatoon West, our former labour critic, and the member for Jonquière, our current labour critic, because the work by them and their staff is building our case and we are going to make this legislation even better.

I want to give thanks to the men in the NDP caucus who I serve with, as well as the members of Islands Trust Council, where I served for 12 years. I personally have had a very good experience as an elected woman in politics, maybe because Islands Trust Council had an exactly gender balanced 26-person council. Maybe that had something to do with the change in tone. However, what we are talking about today is the experience of workers and not so much about parliamentarians.

I want to acknowledge that if we can get more women into Parliament, they will change the tone. “Add women, change politics” is something we hear a lot. They will change the tone and also enact policies. We have seen across the world that by removing barriers to women's participation in public life, systems and countries protect all vulnerable people better than we do right now. We have seen this in other parts of the world. Canada is, sadly, really behind the ball on this.

The status quo policies that we have had in this Parliament have meant that the number of women elected to office has stalled out. If we could bump that number up, it might be that we would have less sexual harassment. We heard that specifically, maybe nine months ago. Daughters of the Vote was a beautiful initiative on International Women's Day, but one sister, Arezoo Najibzadeh, powerfully and symbolically left her seat empty to represent the cost of violence against women that keeps women from participating in public life and prevents them from taking their seats. Hands were raised to that sister. Both the member for Hochelaga and I saluted her efforts on that day. She is a reminder to me that we need all the diversity of voices in this House to change the country and bring proper representation.

That is the cost of keeping political staffers in an unsafe place and causing women to say that Parliament Hill is not safe for them. This is the power of social media. It makes it possible for us to transmit these stories, and it is bringing down some pretty amazing political leaders right now. Again, we are in quite a time.

I want to also acknowledge my Aunt Kim Malcolmson, who I have talked about in the House before. She was a pay equity commissioner. She was very challenging for my old grandfather. She was a hard-core feminist, a CCF-Waffle Party-Tommy Douglas aficionado. She shaped me enormously. She is in palliative care. On Friday morning, my fabulous Uncle Paul Barber told her that Patrick Brown had been forced to resign his seat, and although it was very hard for her to speak, she demanded to know more details. On Saturday, I was able to visit her in the hospital and let her know that the New Democrats were going to return to Parliament by calling out the need to act to end violence against women and sexual harassment, and at the end of the week we were going to be celebrating the two-year anniversary of the successful motion from me and the member for Jonquière in the House to legislate pay equity. I was able to let Kim know that we were coming into Parliament fighting. That was on Saturday, and yesterday she passed away.

I like to think, because she was a woman who knew she was going to Heaven, that she is looking down on this amazing time that we are living in and seeing that the work that has been done is carrying on and that the young women leaders in this country, with their deep bravery and astonishing ability to tell stories, are changing the way we will go forward with this legislation.

The labour movement is urging changes and New Democrats will be urging changes in committee. We are glad that with the new House leader of the NDP, we were able to accelerate the passage of this bill. We will debate its details and get changes as fast as we can so that we can make politics a safe place for all members of our country.