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

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Mr. Speaker, I would like to thank my colleague, who, like all other members of House, works to ensure that prevention of workplace harassment and violence is increasingly front and center, that preventive measures are implemented, and that survivors can safely and confidentially report situations where they felt victimized.

However, in committee, the government excluded the joint workplace health and safety committees that enable victims, survivors, to consult experts who are familiar with the workplace and its culture, committees made up of employers, employees, and experts whose job it was to hear survivors and provide them with support. That was a very helpful option for victims, especially in small workplaces. In cases where the perpetrator is the employer, it is very difficult for employees to report situations of abuse. It was therefore reassuring to be able to deal with a joint committee. The Liberals preferred to remove the joint health and safety committees, despite the fact that unions from across the country appearing before the committee recommended that they be maintained.

Does my colleague not think that it would be a better idea to reincorporate the committees into the bill in order to help change the mindset and culture in the workplace?

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, I would like to thank my colleague because we worked really hard in committee and everyone really did their part to help strengthen this bill.

I would like to remind him that there will be local committees and that they will have a major role to play in keeping workplaces safe and free from violence and harassment. These local committees will play a key role in this bill. That is what is being proposed to protect the confidentiality and privacy of all parties involved in an investigation of harassment or violence, and that is obviously our top priority.

[The Assistant Deputy Speaker, Anthony Rota]

Before we go to the hon. member for Central Nova, I want to remind all hon. members, once again, that there will be a national test at 1:55 p.m. If a member's cellphone, iPad, or computer is on in the House, it will ring out. I am sure none of us want to disturb the hon. member for Central Nova, as he has a very interesting debate and presentation to make. Therefore, I would ask members to either turn off their apparatus or, if they want to check it out to make sure it works, take it into another room, other than the House of Commons, and report back to us afterwards.

The hon. member for Central Nova.

[Sean Fraser, Liberal, Central Nova, NS]

Mr. Speaker, I hope to meet those very high expectations you have set with your remarks.

I am thankful for the opportunity to speak to Bill C-65. This legislation would address harassment and violence, including sexual harassment and sexual violence, in federally regulated workplaces, and for the first time, importantly, right here on Parliament Hill.

Our government’s position on this is no secret. We have been saying it for some time now: harassment and violence of any kind are unacceptable and we have a clear, zero-tolerance stance on the issue.

Bill C-65 uses the most effective legislative and policy levers possible to help put an end to workplace harassment and violence and their consequences, in Parliament and in all federally regulated workplaces. We all know that the distinct power imbalances found here on Parliament Hill can cause damage to working relationships and also to the people who work here. These imbalances perpetuate a culture where some people with a lot of power use it, knowingly or unknowingly, to victimize others. However, this culture is not exclusive to the world of politics.

According to a 2018 Angus Reid study, 52% of Canadian women have experienced workplace sexual harassment and 28% were subject to non-consensual sexual touching. While those numbers are outrageous, what is maybe most staggering is that 89% of the women surveyed reported they have taken steps to avoid unwanted sexual advances. That is nearly nine in 10 women having to deal with inappropriate behaviour when they are trying to do their job.

If the recent #MeToo and Time's Up social media movements have taught us anything, it is that workplace harassment and violence, and in particular sexual harassment and sexual violence, are toxic behaviours that affect a shocking number of people. This issue is pervasive, not only in the workplace but across our entire society. It is a problem that has been going on and tolerated for far too long. Only now are we calling out this behaviour and saying, “No more. This has to end here.”

Having these conversations and changing the discourse are extremely important, but we cannot let this momentum die. We also have to take concrete, lasting action. That is precisely what we want to do with Bill C-65.

Essentially, the bill would help put an end to workplace harassment and violence by requiring employers to take action on three specific fronts: preventing incidents of harassment and violence, responding effectively to those incidents when they do occur, and, finally, supporting affected employees.

I am incredibly proud of the House for the unanimous support the bill received at second reading, as well as the positive feedback it received at committee. Now we are calling on the House to continue that full support of Bill C-65 at third reading.

It is our job as a government to stand up for the rights of all Canadians. Everyone deserves to work in an environment free from harassment and violence. This is why we introduced Bill C-65 in November of last year after consulting stakeholders, experts, and Canadians across the country.

Canadians told us that incidents are still vastly under-reported. They told us that, when incidents are reported, the follow-up, if any, is often ineffective and flawed.

We also consulted with MPs and senators, who made it clear that these behaviours need to be addressed. We heard similar sentiments through many committee consultations with experts and interested parties.

The message has been incredibly clear. What we have in place today is not doing the job. We need a comprehensive approach that focuses on preventing behaviours before they happen, responding effectively when they do, and supporting survivors after the fact. With Bill C-65, I have confidence that we are doing just that.

The basis of this initiative is the protection of employees through preventative measures that would ensure that harassment and violence do not happen in the first instance. The amended Canada Labour Code would specifically require employers to prevent such incidents and protect employees from these behaviours. I would ask members to allow me just a moment to explain.

Employers would be required to have a workplace harassment and violence prevention policy that is developed with employees through their workplace committees. Employers would also need to ensure that their employees receive training, and that they themselves undergo training, on the prevention of harassment and violence in the workplace.

Employees who believe they have been victims of harassment or violence, or have witnessed these behaviours, as a first step would report the incident to their employer or a person designated in the workplace harassment and violence prevention policy, and they would have to work to resolve the issue.

While informal resolution would be emphasized, the employee-driven resolution process would provide employees with the option of bringing in a mediator or having a competent person appointed to undertake a formal investigation.

If a competent person is appointed, following the investigation that person would issue a report, and the employer would be obligated to implement all recommendations or corrective measures set out in that report. Details regarding the informal resolution and investigation processes, including time frames for completion, would be set out in the regulations.

If the employee believes that the employer has not respected any part of the code or the regulations, he or she could file a complaint with the labour program. Labour program officials would then investigate and take enforcement action if they found that a contravention of the code or its associated regulations in fact occurred.

Reporting an incident requires a lot of courage. I have an enormous amount of respect for those who do choose to come forward, because fear of reprisal and stigma associated with being a victim of harassment or sexual violence can be a powerful deterrent to those who want to report an incident. The proposed amendments to the Canada Labour Code would protect the privacy of employees but encourage those who are victimized to come forward at the same time.

Finally, under Bill C-65, employers would be required to support affected employees, with details to be identified through the regulatory process.

In addition, the labour program would put in place an outreach hub and a 1-800 call support line, as well as education materials and tools to further support employees.

Everyone deserves to work in an environment free from harassment and violence. These are far-reaching measures that I believe will make the workplace better for everyone; a place where personal growth is fostered and where people are permitted to express their talents and their skills.

I want to thank the members of the committee for their thoughtful review of Bill C-65 and their efforts to improve the proposed legislation. Members’ collaboration across party lines has led to important amendments that will strengthen our bill.

During the course of this study, it was my pleasure to sub in during a few meetings to really see the non-partisan nature of the important work that was taking place. For example, after careful consideration of the points raised by witnesses and members of the committee, we included a clear definition of “harassment” and “violence”. We also included a provision regarding mandatory training for employees and employers and specified that the department would now be responsible for producing an annual report. These measures are going to help ensure that everyone understands their rights and responsibilities and that we are kept accountable by measuring our progress and addressing negative trends if and when they arise.

Thanks to the hard work of the committee and those who shared their insights and expertise, I believe that what we have before us today is a strong piece of legislation that will make a real difference in the lives of millions of Canadians. While Bill C-65 will only apply directly to federally regulated and parliamentary workplaces, it will send a clear and important message that these behaviours are not acceptable, anywhere, and we cannot afford to tolerate them any longer.

I call on all members of Parliament, regardless of political affiliation, to do the right thing once again, as they did at second reading, and show their support for this important bill. Together, we can finally help eradicate harassment and violence in the workplace in Canada.

[Celina Caesar-Chavannes, Liberal, Parliamentary Secretary to the Minister of International Development]

Mr. Speaker, we all know that women are disproportionately impacted by harassment in the workplace, particularly women of colour, indigenous women, and immigrant women. Could my colleague elaborate on the comprehensiveness of this legislation, particularly on the prevention strategy of training for both employees and employers, and on the use of a 1-800 number? How will that help reinforce those who might not naturally come forward?

[Sean Fraser, Liberal, Central Nova, NS]

Mr. Speaker, I would like to take this opportunity to celebrate the hon. member's outstanding work in putting women forward who come from different backgrounds. The recognition of the intersectional nature of harassment and violence cannot be overstated here.

When we fail to educate employers and employees on the rights and the need to not only encourage people to come forward, but to also deal with complaints appropriately, we fail all of society not just the individual who has been affected. When women of colour, women from different backgrounds, or people who suffer discrimination in different ways are not able to be their full selves in the workplace, the entire Canadian economy and society suffers as a result. We need to create rules and environments to allow people to be their best selves. When my neighbours are discriminated against, that does not just affect them, it affects me in my workplace as well.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I would like to thank the member opposite for his advocacy in trying to prevent harassment in the workplace.

One of the concerns I have with Bill C-65 is that if a complaint comes forward that involves members of the House from different parties, the Minister of Labour would be able to arbitrate the case. I do not think that is the kind of independent person one would like to have overseeing that. I would not want any people challenging the results of any findings because they felt that the person was partisan.

Could the member comment on how he sees this working?

[Sean Fraser, Liberal, Central Nova, NS]

Mr. Speaker, I have had the pleasure of working with the hon. member across the aisle while she served capably as the chair of the status of women committee.

This is an important issue. The person investigating a complaint cannot have some kind of partisan interest, recognizing that the minister may not be from one party or another at any given point in time. I understand that the committee considered this and in fact agreed on an amendment that passed the power to oversee those cases to the deputy minister, who is not necessarily in a partisan role. As we know, when the government changes, the civil service may remain the same. Although I was not part of the conversation at the time, this was one of the issues on which committee members were able to demonstrate their ability to co-operate to ensure the public had faith and confidence in the process and that it would not be abused for partisan gain.

[The Assistant Deputy Speaker, Anthony Rota]

The hon. member for Central Nova will have two minutes of questions coming to him when we resume.

The House resumed consideration of the motion that 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, be read the third time and passed.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, I am thankful for the opportunity to rise today to speak to Bill C-65. I will be sharing my time with the member for Calgary Nose Hill.

At the outset, I would like to say that the opposition party is in agreement with the bill, the harassment act for federally regulated workplaces, including this parliamentary precinct and indeed Parliament Hill. Several amendments were made at committee, and I will be speaking to those amendments specifically.

There are current critical movements and campaigns to empower victims of harassment, and those campaigns very sincerely reminded the world that harassment is intolerable in any circumstance.

Canada's Conservatives are proud to support Bill C-65 as it comes to the House at report stage, with our proposed amendments to ensure that complaints of harassment are dealt with in a non-partisan and timely manner. I will outline some of those amendments in a few minutes.

As representatives and leaders for Canada, it is our job to be proactive in our approach to standing against workplace harassment. I speak for myself and for members on this side of the House when I say that it is something we take very seriously within our own workplaces, because we are employers. We are employers of parliamentary staff who work not just in our Hill offices, but in our constituency offices. It is very important for us to set an example, and I believe Bill C-65 sets that example and sets a standard that all employers should follow with respect to federally regulated workplaces.

The bill focuses on three areas: preventing workplace harassment, responding to it, and supporting those who feel they have been harassed. There has been a tremendous amount of support shown for victims of harassment and bullying.

Bill C-65 went to committee, and there was a tremendous amount of work done by the committee. From speaking to our members, I know there were some issues with the bill as it came to committee, but all committee members came together to propose amendments to the bill that put a little more meat on it, considering some of the concerns that were first introduced.

I will read a quote from Manon Poirier, of the Chartered Professionals in Human Resources Canada. At committee, she said:

Bullying, harassment, and sexual violence have no place in today's workplace, yet according to a survey conducted for the federal government, 10% of respondents said that harassment is common in the workplace, and 44% said that while it is not frequent, it happens. Most respondents agreed that incidents are under-reported and often dealt with ineffectively.

According to a report of the Human Resources Professionals Association, one third of women and over 10% of men have been sexually harassed at work. I think all members of the House would agree that this statistic is unacceptable and cannot stand to reflect the future of Canadian workplaces. It is our intent to create and set that example.

The Conservative Party introduced an amendment to avoid political interference in political offices during harassment investigations. That was a very important amendment that was put forward to make the investigation into harassment allegations free of political interference and political influence. That is one thing that I think all members would agree was very good in terms of the amendments that were proposed. It is also important that investigations not be seen to be intertwined with the perception of political interference.

The amendment transferred from the Minister of Labour to the deputy minister, a non-partisan civil servant, investigations involving the offices of members of Parliament. Again, this will preserve the integrity of the investigation process.

Another amendment ensures that strict timelines for investigations into incidents of harassment are in place to ensure investigations are carried out in a timely manner. Our committee team introduced and supported mandatory sexual harassment training as an essential part of the bill. I know several members of the House have already participated and have been engaged in the sexual harassment training. I know my mandatory session is coming up, and I look forward to participating in that.

At committee, Greg Phillips, the president of the Canadian Association of Professional Employees, summed up the importance of supporting not only those who had been harassed, but also their colleagues. He stated:

... the colleagues of an employee who receives a minimal resolution are less likely to come forward with their own cases of harassment. When someone sees a very minor penalty being implemented against the employer in a harassment complaint, nobody is going to want to file a harassment complaint...That workplace then becomes a toxic environment where nobody wants to work, and if they're working on something fundamental to the government, the most qualified employees aren't going to want to go there.

That is a very important point. It is very important that those who are dealing with issues of workplace harassment, sexual or otherwise, have their voices heard. Certainly, those situations are taken seriously by the members and by the House.

As the opposition deputy whip, I and the hon. member for Milton, whose birthday it is today, have been part of the subcommittee that has worked to ensure the code of conduct for the members of the House of Commons addresses complaints of sexual harassment. We have been working very closely. I am not in a position to discuss the details of our work because we are in the draft stage of the report , but it is very important work. It is work that has dovetailed the work of the PROC committee on harassment in the workplace among members.

The discussions at committee have progressed very well. All members have acted accordingly, with an understanding of the importance of this issue, with member-on-member complaints. I think the House, once the report comes, will be very pleased, because it was a consensus-building approach to the recommendations of this report. The expectation is that the report will be coming out very soon.

The House staff who were involved in that, namely Mr. Parent and Mr. Dufresne, were instrumental in ensuring that we, as members of the committee, were effective in our mandate from PROC in dealing with that committee.

Sexual misconduct and sexual harassment have no place in Canadian society, especially within our political system if we are to provide an example. From the experience of serving the residents of my riding as a ward and city councillor, I understand that safe workplaces entail freedom from all forms of harassment. As a proud parent of four, my hope is that their workplace is as committed to preventing and addressing harassment as the House is today. Harassment is an issue that may evolve again, considering that cyber-bullying, for example, is so prevalent within our society. As such, Conservative committee members also introduced and supported a mandatory review every five years.

I appreciate the work that was done at committee by not just members on our side, but on all sides, who came together to support Bill C-65. Combatting harassment is a pressing need in Parliament. Parliament and political leaders need to set the example, need to be the high bar for safe workplaces across Canada. Let Parliament Hill be the standard by which we will measure success in stopping all forms of harassment and creating a climate of respect for all.

We want to ensure that governments today and in the future focus on supporting victims as we have pledged to do. As a father, an elected official, and an employer, it is my responsibility to lead by example and to instill the qualities of a harassment-free workplace.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I would like to share a story with the member about a conversation I had with a constituent of mine last Saturday at McDonald's. She talked about how nice it was to see Parliament moving so quickly on this issue and that there had been a high sense of co-operation. In that discussion, we talked about education and how important it was with respect to dealing with issues like harassment. One of the topics focused on how important it was for Ottawa to not only work with different stakeholders but to work with school divisions in particular. We talked about this being a possible way to ensure that our young people benefited through education so we could prevent harassment going forward.

I would be interested in my colleague's comments on the importance of education and combatting harassment.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, I know the hon. member does spend a lot of time at McDonald's on Saturdays, talking to his constituents, and I am sure having a lot of McCafé coffee.

We have seen a heightened awareness of the issue of sexual harassment over the last six to nine months, certainly in Hollywood with respect to various celebrities and others as well. Quite a bit of education goes on in the school system in the city of Barrie. In fact, there are safe spaces for students who are part of the LGBTQ community. Therefore, we are getting to the point right now where we are educating young people on the areas of harassment, sexual or otherwise, and bullying, and we are seeing a general sense of intolerance toward it.

We have seen such things as the pink shirt campaign, for example, based on the unfortunate circumstances that happened in Nova Scotia. This has really become prevalent. Canadians are coming to their senses and certainly understanding that harassment in all forms is unacceptable.

I am glad to see that in my city, the Simcoe County District School Board has placed a significant emphasis on teaching young people that all forms of harassment are unacceptable.

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

Madam Speaker, I thank the government for moving this legislation forward. I understand that at committee there was a common cause between New Democrat and Conservative representatives in urging the government to ensure that psychological harassment was specifically included in the bill and that mental health considerations were urged by the members of the Teamsters who came to testify at committee. The labour movement has a very large capacity and a big body of experience with respect to this.

I would like to hear from my colleague the extent to which he is satisfied that the amendments proposed at committee to include mental health protection and psychological harassment are in the final bill we are debating.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, certainly the issue of mental health and the psychological effects of harassment are significant issues. As a former president of the firefighters union in my local municipality, we pushed the municipality to better understand the impacts on mental health and the psychological effects. More important, it was to provide that harassment-free workplace. That is not to say there were not issues of harassment, there certainly were. At the time, the victims of the harassment could come forward and feel like they were being dealt with in a proper manner.

However, it speaks generally to the issue of mental health across the country. I am of the personal belief that mental health needs to be treated as equally as physical health and the effects it has in all aspects. In Ontario, we know that 10% of the health care cases are mental health cases, yet only receives 7% of the funding, for example. Therefore, much more can be done with respect to mental and psychological health.