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

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Patty Hajdu  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-65s:

C-65 (2024) Electoral Participation Act
C-65 (2015) Support for Canadians with Print Disabilities Act
C-65 (2013) Respect for Communities Act
C-65 (2005) An Act to amend the Criminal Code (street racing) and to make a consequential amendment to another Act

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:25 p.m.

Liberal

Eva Nassif Liberal Vimy, QC

Madam Speaker, I thank my colleague from Rivière-des-Mille-Îles for her moving speech.

As a member of the status of women committee myself, I heard many witnesses, including women from indigenous, immigrant, and LGBTQ2 communities, talking about several topics we have studied. We heard from many victims who did not have the courage to report their aggressor. As a female parliamentarian, I myself have been bullied—I am not talking about sexual harassment—and I reported the people who tried to bully me.

As a fellow female parliamentarian, can my colleague explain how a few years from now, after Bill C-65 passes, the new climate on the Hill might encourage more women to get into politics? Will this bill increase women's participation?

How does she see—

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:25 p.m.

The Assistant Deputy Speaker Carol Hughes

Excuse me, I have to give the hon. member for Rivière-des-Mille-Îles time to answer the question.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:25 p.m.

Liberal

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Madam Speaker, there is no doubt that the more women we have on Parliament Hill, the more the culture will change. It is a deeply entrenched culture that we have to change.

Bill C-65 will help change the culture. There are three important things, as I was saying earlier. The regulatory framework seeks to prevent incidents, intervene effectively to support the victims and survivors, and help employers.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:25 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, I will be splitting my time with the hon. member for Portneuf—Jacques-Cartier.

I wish it were unnecessary for me to stand here today to speak to this bill. I wish that harassment and violence were actions of long ago and things of the past. I wish that discrimination were eradicated with the movement of Martin Luther King, Jr. and that when women were granted equal rights before the law, including the right to vote and own property, they were also guaranteed fair treatment at all times. I wish there were no need for Bill C-65, that it could be ruled redundant, outdated, or altogether unnecessary, but sadly, that is not the case, so here I am speaking to this piece of legislation.

“You look more beautiful than I remember,” he says, as he stares her up and down.

“Nice skirt. It shows off the best parts of you,” he says, as he leans over to get a better look.

“It's just fact. Men are better MPs than women,” he says to his colleague. “Women are too emotional to make good leaders.”

“It is really nice to see you,” he says, as he moves his hand over her knee and toward her thigh.

These are just a few examples of the comments and gestures women all too often face in this place and in other workplaces across this country. They might seem like innocent or playful comments or gestures to some, but they are, in fact, altogether inappropriate and unacceptable. While women are not the sole targets of harassment and violence, it is right to point out that women disproportionately are the recipients of unwanted gestures and comments like these.

That said, it is important for me to state that the issue before the House is not a male-only issue, nor is it a female-only issue, nor is it a political partisan issue. In fact, the matter before the House is largely a power issue. Specifically, in this place, it has to do with the power imbalance that exists between employees and employers. Staff find themselves at the mercy of their employers. When it comes to hiring and firing, MPs have complete freedom to do so at will. At present, there are no overarching protocols or mechanisms of accountability in place to give guidance to this structure. An MP can hire or fire someone simply because he or she wishes to do so.

For every paid staffer, there are also dozens of interns who are looking for jobs, which then leaves staff having to be very careful about whether they report an incident. After all, they might lose their jobs, or they fear some other form of reprisal.

We heard at committee that those who are mistreated by their employers are often afraid to speak out, because they fear what the repercussions might be. This imbalance of power without proper preventive measures and reporting mechanisms can create an environment that is incredibly unsafe for people to work in and can leave staff feeling as if they have no other option than to keep silent.

For these reasons, my colleagues and I welcome the initiative the government has put forward through Bill C-65. We have to work together as parliamentarians to create an environment that is free of harassment and violence, and to this end, those of us on this side of the House are committed.

As members of Canada's Parliament, we are meant to serve as role models. That is part of our job. We should strive for excellence in everything we do. We are called to function with the utmost level of integrity; to treat others with dignity, respect, and honour; to be humble; to work hard; and to serve the betterment of others. This is true public service. It is what we signed up for. That is why we are in this place.

Bill C-65 is only a first step. On its own, the document before the House is not enough to put a complete stop to harassment and violence within this workplace or any other publicly funded workplace. Instead, I would contend that a culture change is needed. It is incumbent upon each and every one of us as members, as senators, as employers, and as role models to act rightly and to be above reproach at all times. We must take personal responsibility for our actions, and we must choose to treat others well. I will comment further on this in just a moment, but first permit me to summarize what Bill C-65 would achieve.

Right now, federally regulated workplaces, including Parliament Hill, are without a streamlined approach when it comes to policies and rules on harassment and violence. Bill C-65 would actually amend the Canada Labour Code to require employers to do all they can to prevent harassment and violence from taking place in the workplace. Should a concern arise, the employer would then be required to investigate and report any incident brought to his or her attention. As part of this initiative, federally regulated employers would be required to have a sexual harassment policy in place and to report to Parliament how many complaints had been put forward over the course of time and how they had been handled.

We have always supported the intent of this bill, but before it went to committee, we had a few amendments we wanted to see made. Although we feel the legislation could be further strengthened by taking a stronger stand on behalf of victims, we are pleased with this bill overall and with where we are landing.

There were a number of Conservative amendments that were adopted. One of the biggest concerns I had when this bill was first introduced was the fact that the labour minister would have the power to investigate himself or herself if a complaint were brought against him or her by an employee. This concerned me because it would put the employees who work for the minister in a very precarious situation. If one goes to their boss to complain about their boss only to have them investigate themselves, then that is a problem. We were able to put forward an amendment to fix this, which would take the power out of the hands of the minister and instead put it with the deputy minister, thereby allowing for the protection of a victim who might come forward with a complaint.

Furthermore, my Conservative colleagues and I successfully introduced an amendment that would protect against political interference regardless of the party that might be in power at the time. Originally, the legislation would have allowed the minister to conduct the investigation into any member of Parliament in this House. It would mean that the minister of labour could investigate a Conservative one way, an NDP another way, a Bloc Québécois another way, and a Liberal member another way. It would not have set a complete streamlined fashion by which all these investigations would have to be completed. It was partisan in nature.

Therefore, it also concerned me that there could be potential for political interference given the party of the day, whichever party that might be. This problem was resolved at committee by amending the legislation, again by putting the investigative authority or power into the hands of the deputy minister and out of the hands of the partisan minister who serves as minister for labour. Ultimately, this would preserve the integrity of the investigative process. I am extremely proud of the work accomplished in committee, and the fact that it had all-party support going forward.

Nevertheless, there is one amendment I feel very strongly should have made its way into this legislation, and unfortunately it did not. As Conservatives, we always take a stand for the victim—always. To this end, we introduced an amendment that would implement strict timelines for investigations into incidents of harassment to make sure that a victim's concern would be dealt with in a timely manner. Unfortunately, this amendment was voted down by the Liberals. As a result, an employee could effectively make an official complaint and the investigation could take one year, five years, or 10 years without there being any sort of recourse for that complainant. This concerns me, because that means the victim would be tied up in this process of a long investigation, perhaps could be re-victimized in that process, and there would be nothing that he or she could do about it. There needs to be a timeline placed on this in order to protect those coming forward with their vulnerable stories.

While this legislation would help create a more wholesome work environment, I believe more is required than just policy. As stated earlier, I believe it is incumbent upon each one of us in parliamentary roles to ensure we are doing all we can to prevent harassment and violence, including sexual harassment and violence, from becoming an issue in the first place. We can do this in a few ways. We can have clear, comprehensive policies in place, and make our expectations very well known within our offices. Furthermore, we can participate in sensitivity training and ask our staff to do the same.

When we witness inappropriate conduct, we can also call it out for what it is. It is not okay to make sexual jokes, touch without consent, intimidate others, use rude or insulting language or gestures, use derogatory language or name-calling, make sex-related comments about a person's physical characteristics or actions, and it is certainly not okay to share intimate photos. These are the types of behaviour that we can start to call out in this place, thereby allowing ourselves to participate as a collective in creating an environment where everyone gets to thrive.

To see lasting change, I believe a cultural change is necessary. This is a matter of the human heart, and we will need to work together in order to achieve the culture we desire in this place. This policy before the House is one good step in that direction. It is incumbent upon all of us to make a personal choice to participate in the lasting changes.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:35 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is encouraging when we see members from all sides of the House coming together and recognizing a very important social issue, and then contributing in a positive way, whether during second reading or at committee stage. From what I understand, there was a great deal of dialogue and a lot of passion with respect to the presentations that were made, and a number of amendments were built through consensus and then passed. It is a given that not everything was resolved. However, it was quite encouraging to see that sense of co-operation in recognizing the importance of the issue we are debating today.

I wonder if my colleague from across the way can provide her thoughts with respect to the degree to which it is better legislation today because of the amendments that were brought forward in such a consensus fashion.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:35 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, I would agree with the hon. member. As I said throughout my speech, during the committee stage, when we were discussing this piece of legislation and bringing forward amendments, I would draw some attention to the one that I was most passionate about, which was taking the power out of the hands of the labour minister and putting it into the hands of the deputy minister. In doing so, we make it non-partisan. We make it so that an investigation is an investigation is an investigation. There is a proper procedure that is followed, no matter the party being investigated or the party that the member belongs to. That was a good example of where the committee was able to come together. The members were able to discuss it and come to a consensus on an item that I believe very strongly strengthens this bill.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:40 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I would like to address a couple of the concerns that the member has raised. With respect to a timeline, it should be noted we have added that, in the regulatory process, employers will have to act as quickly as possible. Not all investigations are the same; in other words, the cookie-cutter timelines do not necessarily work. This is about good investigations, which is what needs to be highlighted, not fast investigations.

I should also note that part II of the Canada Labour Code protects employees from reprisals.

Perhaps the member would like to add some of her thoughts with respect to that, or provide additional comment.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:40 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, I understand that pulling off an investigation and having it done well can take some time, and that not every investigation is the same. That is certainly true. Therefore, I want to account for that.

At the same time, one of the things we heard from witnesses who came before the committee was the incredible fear they had of coming forward with their stories and asking for action to be taken on their behalf. These individuals certainly did not want the process to last years on end without any sort of wrap-up process, declaration, or decision being reached. Therefore, it is incumbent upon this House to put regulations in place with respect to that timeline in order to make sure that a victim's needs are met, that the investigation is carried out in a timely fashion, and that she or he is not revictimized by the process itself, as there could be some exploitation that takes place in an extended time frame.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:40 p.m.

NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, I would like to reiterate the fact that many of the speakers this afternoon have talked about legislation and regulation as important steps, but that a cultural change on Parliament Hill, within our workplaces, is the work that we all still need to be doing. I wonder if my hon. colleague would like to comment on some of the things she would like to see us do immediately. We know that prevention and intervention are not enough and that we have to change the culture.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:40 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, I would draw back to some points that I made in my speech. One is certainly policy, and putting policies in place even within our offices. As an employer, it is my responsibility to talk to my staff with respect to what my expectations are, and what is appropriate and not appropriate. It is my responsibility as an employer to talk to my employees if I notice anything that is out of line. It is my responsibility to hold myself accountable and to make sure I am treating my employees with the utmost respect and honour, and that I am functioning with the greatest amount of integrity possible. Those are the sorts of decisions that we as MPs within this place have to make on a daily basis.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:40 p.m.

The Assistant Deputy Speaker Carol Hughes

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Nanaimo—Ladysmith, Fisheries and Oceans; the hon. member for Saint-Hyacinthe—Bagot, Employment Insurance; and the hon. member for Elgin—Middlesex—London, Employment.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:40 p.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Madam Speaker, I thank my colleague from Lethbridge, who does excellent work at the Standing Committee on the Status of Women.

I am pleased to take part in today's debate in the House to speak to and support Bill C-65. I commend the hon. Minister of Employment, Workforce Development and Labour on introducing this bill to amend the Canada Labour Code on harassment and violence, the Parliamentary Employment and Staff Relations Act, and the Budget Implementation Act, 2017, No. 1.

I am also proud to see the members' commitment to find solutions to this sad reality. The non-partisan discussions that took place following the introduction and first reading of this bill last November and at second reading in January were constructive. A number of amendments were proposed. I am pleased to note that committee members from all parties respected each other's representations and successfully worked together. A number of amendments were presented to improve the bill.

Part 1 of Bill C-65 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 workplace. 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. The stage is set. That is what the bill says. Now let us talk about what it means.

Sexual misconduct and sexual harassment have no place in Canadian society. Most of us have to work for a living, and we spend many hours at work. People should be able to live and work safely, but that is clearly not always the case. Unfortunately, this is also a problem in the public service and on Parliament Hill. It is therefore the government's responsibility to protect victims' rights. The government must also focus on helping victims and making sure the process is fair and impartial. It must ensure that sexual harassers suffer the consequences because a symbolic, toothless law will do very little to tackle the problem.

Since the victims are generally women, and since it is not easy for a man to put himself in the shoes of the victims, I want to share part of a speech that my colleague from Calgary Nose Hill gave on January 29, 2018, regarding the dynamic here, in Ottawa, and on the Hill:

In Ottawa, in the sense of it being a nexus of power in Canada, it is an intense place. Leaders in all three branches of government, senior public servants, military leaders, the diplomatic corps, the Parliamentary Press Gallery, highly paid lobbyists, smart political staff, civil society, and business leaders all converge in one tightly confined space. They are all trying to accomplish big things. Many are assertive and ambitious. Many are highly skilled at their crafts. Many hold privileged positions of influence, and many think very highly of themselves. It is a highly tribal environment where information is a commodity and blind partisanship, conformity, loyalty, and acquiescence are often traits significantly valued above judgment, compassion, or acting with dignity.

As soon as there is a hierarchy with subordinates, there is a risk that some people will become more vulnerable. It is up to the government to protect the public and to create recourse mechanisms. Try to imagine what happens when the harasser is an employer, a supervisor, or a work colleague. Even if the actions are not necessarily as extreme as those that make the headlines, we have to remember that a victim must spend five days a week, for eight hours a day or more, in close proximity to their harasser. How uncomfortable and terrifying it must be to experience that every day. Everyone should be able to be safe and comfortable at work.

Victims subjected to this behaviour become fragile, and no one in Canada should have their safety compromised when they are just trying to do their job. This means that it is very important that the law clearly set out and explain all available recourse.

We Conservatives want to make sure that the government focuses on help for victims, as it promised to do. To do so, the systems created to support victims also need to be solid, well established, and safe for victims. They also must be accessible and well known. Information must be shared in a way that reaches everyone.

Here is an idea off the top of my head. We could have a government-led hotline that victims could reach easily without the risk of consequences, rather than having to go through their supervisor, who might unfortunately be complicit or could even be the harasser.

As legislators, we have a duty to make the information accessible and to facilitate reporting based on the fundamental principle of always protecting victims.

The committee team introduced and supported mandatory sexual harassment training as an essential component of this bill. I think that is an extremely important aspect of this bill. I would even go so far as to say that mandatory training on this subject should, if possible, be incorporated into the orientation training given to new employees in all contexts. We have a responsibility to raise awareness up front, before this kind of behaviour becomes entrenched in our culture.

This is because I sincerely believe part of the problem stems from ignorance. There are people who simply are not aware that certain behaviours are unacceptable and should never occur, least of all in the workplace. I think there is a certain naivety at work here as well. We also need to think about the complexities of life in our modern society. We have only to think of typical messages like “real men don't cry, real men are strong, real men are in control, real men fight”. It is sad, but these message are still around today. That is why mandatory training gets a resounding yes. We should try to reach as many people as possible and repeat this message regularly on multiple platforms.

I want to emphasize one last very important point. The problem of harassment could evolve again, in the context of cyber-bullying, for example. Consequently, the committee's Conservative members also proposed and supported a mandatory review of the legislation after five years. I am pleased that a five-year review is one of the amendments presented by the committee.

To return to what my colleague from Calgary Nose Hill told us in January, judgment, compassion, or acting with dignity are not often highly valued. We must work to change that on Parliament Hill and throughout Canada.

I am proud that I live in the most beautiful country in the world and that I represent the people of Portneuf—Jacques-Cartier. Even though there is always something that can be improved, it is important that the government tackle the problems that affect Canadians. It must take concrete action to improve the lives of our fellow Canadians and always consider the victims, who deserve all the attention they need. Bill C-65 is a step forward for our society. My colleagues can be proud because we worked together, without partisanship, all the while keeping in mind the main goal of protecting victims. I say it very humbly, it is a credit to us all as members of the House of Commons.

The Conservative Party will be supporting Bill C-65.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:50 p.m.

Liberal

Eva Nassif Liberal Vimy, QC

Madam Speaker, I thank my colleague opposite for his speech on this bill and I would like to ask him some questions.

All political parties put partisanship aside and agreed on the amendments in committee. Everyone agrees that this bill will result in major changes. Of course, there is much work to be done, but it is a good start.

Can the member explain how this bill will bring about a change in the culture with respect to sexual harassment and violence here on the Hill and across the country?

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:50 p.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Madam Speaker, I thank my colleague from Vimy. This is a worthwhile bill. It is not perfect, much like most of the bills that are introduced here, and then passed and implemented. We are taking an important step today. I think this sends a clear message that elected officials in the House of Commons are aware of this situation. These things do not happen only to celebrities. These types of situations obviously sell papers, but they have also led us to discuss this societal problem and implement measures to improve the quality of life of our constituents.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 4:50 p.m.

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Madam Speaker, indeed, the committee that studied this bill was truly a non-partisan committee. There are some flaws in the bill, and I would like to hear my colleague's thoughts.

Some young women, my age or younger, are working in precarious situations. These women do not necessarily have access to joint health and safety committees. Under this bill, joint health and safety committees will not be allowed to receive complaints and investigate. They were previously allowed to do so.

All of the unions recommended that this remain a practice, since there are many experts on these joint committees and training is provided. There is a wide range of experts who can investigate issues related to culture, language, gender, or age. This would give victims and survivors a sense of trust and enable them to come forward with confidence.

However, the Liberals voted against this amendment and they did not explain why. This would actually enable women to come forward.