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

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, I would like to thank my colleague once again for her very appropriate question. This very issue raised quite a few eyebrows, including among the witnesses appearing before the committee. Survivors need to feel safe. Unfortunately, in some workplaces I have seen, it is the employer who is harassing, bullying or sexually harassing employees. If survivors have no choices, and the perpetrator is the employer, what can they do?

We need to offer them this choice and abide by strict ethical guidelines on confidentiality in order to gain their trust. We want to offer every opportunity for survivors to feel safe enough to report the incident and follow through with the process. Victims of violence and harassment often feel isolated.

If people do not trust the process, we need to find another way to help them feel better and safe. Everyone benefits from greater possibilities. Survivors will feel comfortable and follow through with the process, whatever path they choose. What is important is that they have a choice. In my opinion, that is what matters with Bill C-65.

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

Mr. Speaker, I want to go back to another issue that my colleague from Jonquière mentioned in her speech. She said that the Liberals closed the door on the possibility of giving employers help to develop internal prevention policies and their own rules against workplace harassment and violence.

Shockingly, even though we are studying a bill on the prevention of harassment and violence in the workplace, the Liberals voted against that amendment without even explaining why.

What would have been the benefits of helping employers develop internal policies? If employers do not know how to address these issues, it is a little hard to establish rules that are both sound and clear for both employers and employees.

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, my colleague raised a very good point about clear rules. If we want to improve the situation, if we want training to be available, if we want to initiate cultural change, we will need clear rules and directives; simply snapping our fingers will not do.

To go back to my example from earlier, as an employer on Parliament Hill, we need to have rules and develop a code of conduct. That is what companies expect.

I said earlier, in my speech and in my answer to a question, that a report will be tabled in five years. If we do not put out clear rules, how are we to measure companies' compliance with the spirit of Bill C-65? How are they to know what to focus on?

The solution is to get on the right track. However, we need to collaborate and establish rules that companies will be able to follow. That is how we can ensure that workers get a safe work environment that is free from harassment, violence, and sexual harassment; that is the point I wish to emphasize most of all.

[The Assistant Deputy Speaker, Anthony Rota]

Before we go on, I want to remind all hon. members of the House that, at 1:55 p.m., there will be an emergency test on all of our cellphones and computers. This is a nationwide test. I would ask members who have a cellphone or a computer with them to turn those devices off or take them outside the House so as not to unduly disrupt proceedings.

Resuming debate. The hon. member for Ottawa—Vanier.

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

Mr. Speaker, I will be sharing my time with my colleague from Central Nova. Thank you for the opportunity to speak 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.

Bill C-65 seeks to enhance the current legislative framework that deals with harassment and violence in federally regulated workplaces.

The bill proposes replacing all laws and policies with a single, comprehensive approach that covers every possible type of harassment and violence, including sexual harassment and sexual violence.

It would also expand the scope of these laws and policies to cover parliamentary workplaces, such as the Senate, the Library of Parliament, the House of Commons, and political staffers on Parliament Hill.

As a member of the committee that reviewed the bill, I would like to take a moment to thank all members for their collaborative efforts to strengthen the proposed legislation.

At committee, members heard many compelling testimonies and debated for hours over the course of a number of meetings. For example, we heard from Vice News journalist Hilary Beaumont, author of a recent investigative report into workplace harassment on Parliament Hill.

Over the past three months, Ms. Beaumont interviewed more than 40 women who work on Parliament Hill, including current and former MPs, as well as lobbyists, journalists, staff, and interns. In her testimony, Ms. Beaumont stated that it quickly became apparent that female employees were more vulnerable to harassment than their male counterparts.

The women she interviewed told her stories about their own experiences: sexist comments, touching and even sexual assault. Some women she spoke to said that they were dismissed or lost job opportunities after trying to report workplace abuse. Some of the women interviewed who currently work on the Hill say that they would not even know how to report harassment if they had to.

In short, Mrs. Beaumont found that existing measures were simply nowhere near adequate.

That is why the bill is so important. The importance of the bill is something we have all agreed on from the start. This fact was especially apparent during many of the committee meetings where we worked tirelessly to strengthen the legislation.

From this perspective, here are the many changes that were proposed: defining harassment and violence in the Canada Labour Code; making training mandatory, meaning that employers would be required to make courses available to staff and to follow them themselves; specifically referencing preventing occurrences of harassment in the purpose of the bill; adding a section requiring that the provisions respecting harassment and violence in Bill C-65 be reviewed every five years; requiring that the Minister of Labour produce an annual report on harassment and violence in every workplace under federal jurisdiction; and, for the purposes of applying part III of the Parliamentary Employment and Staff Relations Act, giving the deputy minister powers normally given to the minister to avoid the possibility of any conflict of interest.

These amendments, among others, have since been adopted and the result is an exceptionally strong piece of legislation that we can all be proud of.

However, although the bill is a big step in the right direction, and although it is essential in order to put an end to such behaviour in workplaces under federal jurisdiction and on Parliament Hill, our government is aware that a mere law cannot totally eliminate behaviours so deeply rooted in the Canadian workplace.

We said it many times today and we will repeat it again: we need a change of culture, and we must all help bring this change about. The good news is that such a change is well under way.

The global movements on social media brought a great deal of attention to this issue and shed much-needed light on it. I am immensely impressed by the bravery of those who have shared their stories. It takes so much courage to come forward and speak out against this behaviour.

Thanks to their courage, these conversations are taking place more and more frequently, not only in the media and politics but in workplaces the world over. People are re-evaluating their actions and the repercussions they have for others. People who have had to deal with inappropriate acts in the past or who are experiencing them now feel free to speak up. This process can be very unpleasant, but that is often the case with change. In this case, it is worth it.

We all know that these behaviours can have a long-term negative impact, not only on victims and their families, but also on employers and in terms of productivity, absenteeism and employee turnover.

There are many persistent gender norms and power imbalances in our society that keep things the way they are. The consequence is that unacceptable behaviours have been tolerated for far too long. It is time that we put an end to them. It is high time for a change.

Through Bill C-65, our government is taking an important step toward building a country where all Canadians are better protected from harassment and violence in the workplace, and where those who have experienced such abuse receive the support they need.

We believe that this bill will also go a long way toward putting an end to workplace violence and harassment.

Canadians deserve nothing less than workplaces that are free from this type of behaviour and that reflect our society’s values.

I strongly encourage the members of the House of Commons to support Bill C-65 at this stage in order to give a voice to people who are vulnerable and to hold responsible those who, despite proof to the contrary, continue to believe that any form of harassment or violence in any circumstances can be acceptable.

[Anju Dhillon, Liberal, Dorval—Lachine—LaSalle, QC]

Mr. Speaker, I would like to thank my colleague for her speech. I listened attentively. I learned that people do not even know how to file a harassment complaint, who to talk to, or what they need to do.

How will this bill help or encourage people to file complaints?

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

Mr. Speaker, I would like to thank my colleague for her excellent and very pertinent question.

The answer is prevention. The bill includes prevention measures, including mandatory workplace training. This will allow employees and employers to see what is going on in the workplace. The bill has a major preventive aspect.

In addition, there are measures to help people feel safe enough to report inappropriate situations. We will implement the necessary measures in our workplaces to enable them to report inappropriate behaviours.

[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.