This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.
Patty Hajdu Liberal
This bill has received Royal Assent and is now law.
This is from the published 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.
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.
Linda Lapointe Liberal Rivière-des-Mille-Îles, QC
Madam Speaker, I listened carefully to my hon. colleague's speech.
Under this bill, the legislation must be reviewed every five years. That is important, because our values and customs need to improve. I would like to hear my colleague's thoughts on the idea of enshrining this in law. I wonder if she could talk about the benefits of this five-year review and the reports that must be submitted annually.
Pam Damoff Liberal Oakville North—Burlington, ON
Madam Speaker, the member is absolutely correct. It was something I brought up during the committee study when I asked witnesses whether the legislation should be reviewed.
It is important that we make sure legislation is working properly, and having that review in place will allow us to look back and determine which parts of the legislation were working and which parts were not. Quite honestly, if we find out within two years that a part is not working and we need to change it, we have that ability, but this will require every government in the future to make sure it is looking at the legislation to see how it can be approved.
Rachael Thomas Conservative Lethbridge, AB
Madam Speaker, during discussion of this legislation at the committee stage, an amendment was brought forward by the Conservative members regarding timelines.
When a victim comes forward with a complaint and it is made official, as it stands right now there is no timeline in place with regard to how much time the investigation should take. It could take one year, two years, five years, or 10 years. This seems to re-victimize the victim because it lacks due process.
I wonder if the member would like to comment on why the party opposite turned down this amendment and feels that it is in the best interest of victims to prolong these investigations.
Pam Damoff Liberal Oakville North—Burlington, ON
Madam Speaker, we listened to the testimony that we heard at committee and we asked officials about the best way to frame the legislation. We framed the legislation based on the testimony we heard at committee.
Linda Lapointe Liberal Rivière-des-Mille-Îles, QC
Madam Speaker, I am really happy to be here today to speak to this very important bill.
With Bill C-65, our government is taking an important step towards building a country where all Canadians are better protected from workplace harassment and violence, including sexual harassment and sexual violence, and where victims of such abuse receive the support they need. I am certain that all members of the House will agree that we must ensure that no one is prevented from fully participating in society as a result of bullying, harassment, hate, or violence.
As a government, it is critical that all of us understand these phenomena, so that we can determine how to stop them. Over the past two years, we have consulted a number of stakeholders, our partners, and all Canadians to understand how the problem of harassment and violence is currently being handled in federally regulated workplaces. It became essential that we look at how to strengthen our anti-harassment and anti-violence measures.
Two types of consultation took place: a public consultation through an online survey, and a series of round tables and teleconferences with stakeholders. Following those consultations, we prepared a report on our findings from the engagement activities we had held with the Canadian public, unions, employers, non-governmental organizations, academics, and other experts. The report was published in November, and I invite all members of the House and all Canadians to read it, if they have not already.
I want to spend a few minutes on our key findings. First, we noted that levels of harassment and violence remain high, even here in Canada. Although the survey was not representative, since all respondents self-selected, the results were nonetheless alarming. Harassment was the most common type of behaviour experienced by online survey respondents, 60% of whom reported having experienced it, while 30% said that they had experienced sexual harassment, 21% that they had experienced violence, and 3% that they had experienced sexual violence. Among respondents who had experienced sexual harassment, 94% were women.
The second finding from the consultations has to do with prevention measures. Although there are policies to prevent workplace harassment and violence, work must be done to raise employer and employee awareness of these issues. Awareness is part of prevention. If employers are more aware of the problem, they will be able to understand what is happening in their workplace and respond appropriately. We need to face facts. All too often, incidents are not reported, and when they are, the response is ineffective.
The third finding has to do with the measures taken in response to such incidents. Although 75% of online survey respondents who had experienced harassment or violence reported the most recent incident, 41% of them said that no attempt was made to resolve the issue. Of those respondents who did not report the most recent incident, many feared reprisals if they filed a complaint. Nevertheless, employers must ensure that their workplaces are free from harassment and violence. Despite everything, it is not always mandatory for employers to provide support mechanisms for victims.
The fourth finding of the consultations was that little support is currently available for victims of harassment and violence. Most respondents believed that employers, the government, and unions should be responsible for providing support to help victims feel safe and secure in their workplace. What is more, stakeholders told us that clear written policies are needed so that organizations know how to respond to allegations of workplace harassment and violence. It is therefore important to educate employers so that they can provide effective support for people who report acts of violence or harassment.
The last finding of the consultations has to do with under-reporting and insufficient data.
As I said earlier, people in these situations are afraid to file a complaint because they fear reprisals. Stakeholders agreed that appropriate data should be collected to track results. In the end, we concluded that the existing measures are just not good enough. There is no comprehensive system in place to prevent and address harassment and violence. Instead, we have a patchwork of federal laws and policies on these issues.
For example, violence is covered in part II of the Canada Labour Code, which applies to all federally regulated workplaces, including the public service. However, harassment is dealt with in part III of the Canada Labour Code, which does not apply to public servants, only to federally regulated private-sector employees. Moreover, neither part covers parliamentary workplaces.
During our consultations, experts told us that we should treat occurrences of harassment and violence as a continuum of inappropriate behaviours, extending from teasing, which is not always funny, to physical violence. We need a comprehensive approach. We need to be clear about the sources of those behaviours and the consequences.
Essentially, we need a cultural shift. Grey areas are no longer good enough. We need to embrace the idea that Canada has zero tolerance for all forms of workplace harassment and violence. I am pleased to say that this bill reflects the consultations and will meet many of those needs. I am very proud of the work we have done on Bill C-65. This new legislation will initiate a cultural shift in federally regulated workplaces thanks to a new framework that will better protect employees from harassment and violence. It will go a long way toward de-normalizing harassment and violence by preventing and reducing these problems.
In closing, as I said, the results of the consultations are clear: the measures in place do not go far enough. We must make it our goal to bring about a profound cultural shift that leads us to civility and respect and puts human rights above all differences.
Let us not forget that violence is born out of inequality and that inequality is born out of discrimination against women and others who are victims of it. It is therefore of the utmost importance that acts of harassment and violence are addressed at every level so that these injustices do not go unpunished. That is the purpose of Bill C-65.
Anne Minh-Thu Quach NDP Salaberry—Suroît, QC
Madam Speaker, I thank my colleague from Rivière-des-Mille-Îles for her speech and for being one of many seeking change.
Under the Liberals' bill, employers need an internal policy to drive deep cultural change. That is what employers, women's groups, and union representatives wanted from the committee. They asked for clear guidelines in the Canada Labour Code so employers would know what constitutes an appropriate code of conduct.
A number of groups even proposed a code of ethics, but the Liberals rejected the idea for reasons known only to themselves. A code of ethics could have been added to the Canada Labour Code to help employers define their internal policies with the help of guidelines on immediate assistance, handling complaints, confidentiality, and protection of private information.
Why is none of that available to employers, who do not really know what to do in terms of prevention and enforcing a framework that applies to anything that might happen in a workplace? That is something all the parties wanted, but the Liberals refused.
Linda Lapointe Liberal Rivière-des-Mille-Îles, QC
Madam Speaker, I thank my hon. colleague for her question.
There are three very important elements of the regulatory framework that will be mandatory for employers, namely preventing harassment and violence, responding when incidents involving harassment or violence do occur, and supporting the victims of harassment and violence.
Many other things are also included in those three elements. Regarding the first one, preventing harassment and violence, employers must ensure that employees receive training and they must work with employees to put a prevention policy in place. Everyone needs to participate, employees and employers alike. As for the second element, responding to incidents involving harassment or violence, employers must respond within a specific time frame to address the complaint and inform the complainant of the appropriate privacy safeguards in place.
There are therefore plenty of things in place to ensure that employers' obligations are taken into account.
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—
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.
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.
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.
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.
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.
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.
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.