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

October 16th, 2018 / 3:50 p.m.

Conservative

John Barlow Conservative Foothills, AB

Mr. Speaker, I know my colleague across the way from Winnipeg North was concerned about the personal attacks, but this goes to a large part of the essence of the bill. There seems to be a lot of “Do as I say, not as I do” from the government. What are the implications of the message we are sending with Bill C-69?

The intent of this bill is very important. We do want to address sexual assault and harassment in the workplace. However, as parliamentarians, it is also very important that we send the message that this applies to everyone, no matter what his or her position is, no matter if the individuals are regular parliamentarians, regular Canadians, a cabinet minister or the prime minister.

Could the member talk about why it is important that we discuss the hypocrisy of what the Liberal actions have been when it comes to these types of issues and what Bill C-65 is intended to accomplish?

Canada Labour CodeGovernment Orders

October 16th, 2018 / 3:50 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I am not quite sure because my colleague mentioned Bill C-69 and the hypocrisy. Bill C-69 is the new legislation that would require the energy companies, any resource companies, to be more intense, spend more time and more resources in getting the proper assessments through.

I will speak to the hypocrisy to which my colleague alluded. On the one hand, the Prime Minister is saying that he wants to have this pipeline built, yet on the other hand what he is really doing at the same time is putting in legislation that would kill any pipeline, not just the one he says has been okay.

Likewise, we are concerned about Bill C-65. He is putting forth that he is trying to eliminate sexual harassment and violence in the workplace. Would Bill C-65, like the concerns of my colleague, truly accomplish what we set out to do?

Canada Labour CodeGovernment Orders

October 16th, 2018 / 3:55 p.m.

Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, the agriculture committee is studying mental health right now. Something I did not hear in the member's speech that maybe she could comment on are the mental health impacts on women when harassment and violence occur. There are impacts on businesses. It stops people from reaching their full potential. It stops business growth and does not do much good in the workplace. What about the individuals who are impacted and the mental health concerns I have around what happens to them personally?

Canada Labour CodeGovernment Orders

October 16th, 2018 / 3:55 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I cannot speak to the specifics of mental health per se, but I can say that it demeans a woman, it makes her less confident in herself and more submissive to males, even though she is already being victimized, or harassed or put in her place.

As to mental health, I will leave that to the experts and psychologists.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 3:55 p.m.

Liberal

TJ Harvey Liberal Tobique—Mactaquac, NB

Mr. Speaker, I would ask my colleague to elaborate a little on Bill C-65. Throughout her speech, I did not hear a whole lot of substance about Bill C-65. Rather, I heard a lot of accusations and character attacks against the sitting Prime Minister. Maybe she would like to take a bit of extra time and actually focus on Bill C-65.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 3:55 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, we are speaking to a motion about the amendments proposed by the other place. If he wants to know more specifics about Bill C-65, I suggest he read it the way I did.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 3:55 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I wonder if my colleague across the way could provide her thoughts as to some of the mechanisms in the legislation that would be utilized by individuals in the workplace.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 3:55 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, people who have been victimized, or feel they are being harassed or have experienced violence can report it and it will be documented. We are curious, though, as to whether this would apply to parliamentarians in the workplace.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 3:55 p.m.

Central Nova Nova Scotia

Liberal

Sean Fraser LiberalParliamentary Secretary to the Minister of Environment and Climate Change

Mr. Speaker, it is my pleasure to rise today to offer some remarks in support of Bill C-65 so we can continue to move this important legislation through the legislative process and toward being implemented as law in Canada.

I would like to thank the minister responsible for the bill, as well as all of my colleagues from different parties who have taken part in the debate from inception to today. I had the pleasure of substituting in for a handful of studies while the bill was going through the standing committee process after second reading, and I am pleased to have it return to my attention today.

The bill is meant to address harassment and violence in federally regulated workplaces, Crown corporations and the federal public service. Over the course of my remarks, I hope to offer some thoughts on the scope of the problem of workplace harassment and violence, as well as address some of the measures included in Bill C-65 to combat these social problems. If time permits, I will address some of the Senate amendments.

It is my pleasure to begin by discussing head-on the subject of workplace harassment and violence. This social phenomenon, quite frankly, is a serious problem that has no place in Canadian society whatsoever. It is disappointing to me that while most people we speak to would acknowledge this, workplace harassment and violence continues to persist.

I note that in a study conducted by Abacus Data, one in 10 people believed harassment in the workplace was really quite common. This is unacceptable. The standard of one in 10 thinking it is quite common should shock the conscience of every Canadian. We need to be promoting healthy workplaces where people can feel free to be their best selves and ensure they are able to contribute fully.

What makes it worse is I anticipate that most people who actually experience harassment or violence in the workplace do not come forward as often as we would like to think they do and when they do, they feel the measures are extraordinarily ineffective. This is a very serious problem. In my opinion, the system we have today disincentivizes people to report harm done to them in the workplace, incidents such as harassment or violence in the workplace.

The impact of harassment and violence at work should concern every one of us. It obviously has an impact on the individual who is the subject of this harassment or violence. We can imagine that people who are subjected to harassment or violence at work experience a far higher degree of stress or anxiety when they go to work in the morning and put in their shift. I am sure as well that it is a less satisfying experience as an employee to go to work and face this kind of harassment. It will also impact work performance if an employee is worried about physical violence or emotional harassment of any kind in the workplace. It is hard to imagine how the individual could be his or her best.

This can also have a ripple effect over the course of a person's career. We know that if people are experiencing this kind of subjugation at work from another person, it has the potential to cause them to miss work. They could actually have their careers thrown off track. People leave jobs over these kinds of incidents. Often the person who suffers the greatest consequences from harassment is the victim rather than the perpetrator, which is unacceptable in today's Canada.

However, it is not just the victim or survivor of harassment and violence who suffers consequences. Quite frankly, everyone suffers.

To remove the emotional or social context from this and to just look at hard and crass economics, it does not make sense to continue with the current system that helps to perpetuate violence and harassment in the workplace. When employees are subjected to harassment and violence, productivity of our companies go down. We know there can be reputational damage done to employers as well as severe reputational damage done to the employees when there are allegations of harassment, true or untrue, in the workplace. We need to consider this. We also know that workers who are subjected to violence have a poorer attendance records at work, through no fault of their own, by the way, and this also brings down the ability of companies to succeed in the Canadian economy.

However, this cannot be dealt with simply in terms of the hard and crass economics. We have to understand that there are individual human beings at the centre of this and that there is a disproportionate impact on different kinds of people based on the rate at which they experience violence and harassment in the workplace.

In particular, marginalized groups such as women, the LGBTQ community, indigenous people, people living with disabilities, racial and religious minorities and linguistic minorities suffer harassment and violence in the workplace at a far greater rate than the ordinary Canadian citizen. That is not okay.

I have been given every advantage in life. I am a white male from a good family. My parents both had good jobs. People whom I have worked with through my life have faced so many obstacles I have not faced. I am not okay with continuing to obtain advantages that my neighbours do not have. We live in an unfair society. Until every one of my neighbours is free and has the same advantages I had growing up, I cannot give up fighting inequality in our society.

If we want to take, for example, the experience that Canadian women have as opposed to Canadian men when it comes to workplace harassment and violence, the examples will shock members. For my first three years as a parliamentarian, I had the pleasure and privilege of serving on the Standing Committee for the Status of Women. It was an eye-opening experience for me, to say the least. We conducted studies on things like gender-based analysis, on ending violence against young women and girls, and on seeking equity in the Canadian economy.

I had the opportunity to sift through testimony. It is something that I will never forget. I have spoken personally with women whose careers have been completely derailed because of harassment in the workplace, including in Crown corporations and the federal public service and in certain agencies where the rules will change when Bill C-65 is implemented. I have heard stories about women who have been pushed into divorce because of the harassment they experienced when a husband and wife worked in the same workplace. I have heard tales of women being harassed so much that when they requested a transfer to another location, the employer would not accommodate their family being transferred as well. Those are consequences that we cannot accept, because they are having such a devastating impact on individual Canadians and a systemic impact on large groups of the Canadian population.

We know that women experience rates of workplace harassment and violence three times the rate experienced by Canadian men. We know that women are more likely to find themselves in an occupation that is subject to workplace harassment. We know, for example, that women are disproportionately represented in positions such as clerks or administrative assistants that report higher incidents of harassment and violence in the workplace.

This is holding our society back. We know that if we have rules that might in effect discriminate against women, though may not seek to do so, then those rules need to change. We will all benefit when they do.

Over the past couple of years in #MeToo era, we have come to better understand this problem in society and it is time that we do something about it. I cannot, in good faith, stand up here and argue that Bill C-65 is the panacea that will erase all of our social problems when it comes to gender and equity, but it will move the ball forward. I hope that some day we will get there, one step at a time.

It is not just women who suffer disproportionately when it comes to the social problem of workplace harassment and violence. If we look at minorities or marginalized groups, such as the LGBTQ community, we know that they also face higher rates of violence and sexual harassment.

I had the opportunity to work for a human rights organization in Johannesburg in a position funded by the Canadian government. While I was there I did a fair amount of work with the LGBTQ community, helping them to access information held by the government. One of the key issues we focused on was employees who were wrongfully dismissed based on their sexual orientation or gender status. I have worked with clients who have been fired for reporting bullying as a result of their being transgender. That is not okay.

We have to remember that whatever one's sexual orientation, whatever one's gender, one does not deserve discrimination. I am talking about people who had spotless performance records, people who got along very well with their fellow employees but who, when they went public about going through a transition, were discriminated against and heavily bullied. When they reported to their employers they were experiencing this kind of bullying based on who they were as a person, the employers terminated their positions. Although it took years of fighting, we were able to obtain records demonstrating that the reason they were let go was that they had filed complaints that had caused their employers headaches. That is not okay. The rules in South Africa are not the same as the rules in Canada, but I want to highlight that we can always do better to make sure that everyone is treated equally.

If we consider indigenous people in the workplace, we need to do a better job at creating an environment and circumstances that make them feel welcome in the Canadian economy. We are dealing with the fastest growing and youngest segment of the population. This should concern not just indigenous Canadians but non-indigenous Canadians as well. If we are going to make progress as a country, we need to embrace the youngest and fastest growing sector of the population. Right now these people are being discriminated against. They experience violence in the workplace at more than double the rate of non-indigenous people.

If we consider persons with disabilities, one would not believe the lack of accommodation for them throughout our society. On a separate but related piece, I am so pleased that our government is moving forward with Bill C-81. I note that we have members in the House who strongly support those who live with episodic disabilities as well. I congratulate those who took part in that debate.

We know that individuals living with disabilities, and particularly those living with intellectual disabilities, suffer from harassment and workplace violence at an extraordinarily high rate, sometimes more than four times that of the average population. We know that those facing mobility challenges face an extraordinarily high rate of violence in the workplace as well, and are treated far too often as victims because they are seen as not having the tools to defend themselves like many other Canadians have. This is absolutely disgusting and we need to ensure that we have a process that prevents these kinds of incidents from occurring, one that offers a meaningful response, that delivers justice to the victims of harassment and violence and also creates a change in workplace culture.

My point is that workplace harassment and violence is a serious problem that we all need to play a part in addressing to ensure that we can move forward in Canada by supporting Canadians, no matter what their background.

That leads me to the measures contained in Bill C-65. It takes us to where we are today. I think it is appropriate to take a snapshot of where we are today and how today's rules can change for the better. Presently, if I can oversimplify things, there are two regimes for workplace harassment and violence in Canada. Those two regimes have different mechanisms for resolving the issues facing those who have been affected by harassment or violence in the workplace. This creates an imbalance between workplaces. To point to a defining kind of example, current sexual harassment rules only apply in the federally regulated private sector, whereas rules pertaining to violence apply to the public service as well. This kind of two-tier approach makes absolutely no sense. Whether one works in the private sector, in transportation for example, or the banking sector, as opposed to working for a branch of the federal public service, one deserves the same remedy if one is treated inappropriately, no matter where one works. This is incredibly important.

What really bothers me as well is that the workplace we all share here in Parliament does not fall under either of these categories. That has been newsworthy over the last number of years, particularly when dealing with the power imbalance between elected officials or senior members of government or of a different political party, who often deal with young people who are having their first experience in politics. There is an extreme power imbalance.

Today there is not really an effective remedy, in my opinion. We are getting better as a parliamentary community and a parliamentary family, but realistically, the stories we hear through the grapevine are predominantly of young women leaving politics after a few years of being exposed to it, if they have been victimized by sexual harassment or violence in the workplace. We need to do better and Bill C-65 is an opportunity to make us be just a little better.

There are three real pillars to Bill C-65 in how we are going to approach things moving forward. The first is that we are going to try to prevent incidents from taking place in the first place; the second that we will try to offer a meaningful response to incidents when they occur; and the third, and perhaps most important, that we will try to better support employees who have been victimized and lived through episodes of violence or harassment in the workplace.

On the point of prevention, Bill C-65 will require employers to train employees and undergo training. I was very pleased to take part in the training organized by the House of Commons to ensure that I could better understand what harassment and violence in the workplace look like. Some of the examples might be very obvious when it comes to a violent outburst and some of the more subtle instances of harassment, when viewed through the eyes of one person, who may be giving direction but can be interpreted and felt as harassment by another. Through training, employees and employers can better understand where the line that should never be crossed is.

Still on the point of prevention, employers will be required to work with their employees to develop a harassment and violence prevention policy. It is essential that this not be dictated from the top down. The feedback from those living in a work environment can contribute to the development of policy. When more voices from different perspectives come to the table, the quality of the policy on the back end will improve.

Under the second pillar of the changes under Bill C-65, the need to respond to incidents of harassment and violence, the bill would implement a number of measures. The first is the establishment of a timeline for responses and attempts to resolve a dispute. It will require that employers appoint a competent person to conduct proper investigations of incidents when they occur. It would also empower employers to share information with the workplace committee when it would not compromise the privacy of the persons involved in a given incident. It would also require that when an investigation by a competent person does take place, the recommendations of that investigation be implemented. Finally, it would require that when incidents occur, they be recorded and reported in a systemic way.

The final pillar is that employers will be required to provide assistance to employees who subjected to harassment or violence in the workplace and that employers engage the workplace committees in developing policies to help make their workplaces safer.

Bill C-65, as I mentioned, will not have every answer and will not cure every problem in a day, but it represents meaningful progress. One of the features included in the bill that would ensure that we are moving in the right direction over time is the five-year review. It would ensure that we revisit these policies after we have had enough time to determine whether they are having a meaningful impact. With the co-operation of the Parliament five years from now, hopefully we can examine how things have gone in this new world and continue to improve them.

In conclusion, it has been a privilege to learn about the issues that employees face when they are subjected to harassment and violence. It is completely inappropriate and unacceptable that we continue to discriminate against marginalized groups in the workplace, in federally regulated sectors, in the public service and in any employment situation in Canada, quite frankly. We need to do better and Bill C-65 helps move us in the right direction.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 4:15 p.m.

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, the member obviously cares a lot about this subject and has worked to deal with these sorts of situations. He talked a bit about the importance of privacy. Could he perhaps expand on how Bill C-65 would protect anonymity in smaller workplaces and the parliamentary workplace?

Canada Labour CodeGovernment Orders

October 16th, 2018 / 4:15 p.m.

Liberal

Sean Fraser Liberal Central Nova, NS

Mr. Speaker, this is very important. First, on the issue of privacy, obviously there can be extraordinary sensitivities at play when a person is dealing with the subject matter that might involve something like sexual harassment or sexualized violence. The harassment people experience when they come forward will shock members. If we sit with someone who has been through that experience who is brave enough to come forward and say they have been subjected to this kind of treatment, oftentimes they are disbelieved. People come out of the woodwork to criticize them, tell them they should not be doing this to the perpetrator of sexualized violence and that is not okay.

One of the things I had real concerns about and I know it is a controversial issue, particularly in a small workplace, is the potential for workplace committees to have previously been involved with investigations. My opinion is that the better approach is to have a confidential process through a competent person that does not involve all the people an employee has to sit next to when they are at work the next day, being aware of some of the rather intimate details of a very sensitive personal situation.

Measures like this would help ensure that we can get to the root of individual complaints, but share the systemic nature of problems that exist in the workplace that change policies that will help people going forward while maintaining the privacy of the individuals.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 4:20 p.m.

Conservative

John Barlow Conservative Foothills, AB

Mr. Speaker, I want to reiterate the fact that all of us in the House understand the importance of a bill like Bill C-65 and the direction it takes us to ensure as leaders in the community and elected officials that we are taking a role and sending the message that sexual assault and harassment are no longer tolerated anywhere in the workplace.

There are some concerns with the bill. One area I mentioned earlier today was the provision where a complaint cannot be filed after that employee has been terminated from their position for three months. However, the minister has the authority to override that timeline, meaning the minister can make a decision that an employee can bring a complaint against a sitting member of Parliament or another staff member well after the timeline.

We worked very hard and I appreciate the work that the committee did to accept amendments from all parties, but I am concerned that there is still political interference or the optics of political interference in the bill.

I would like the member's comment on how important it is to ensure that we do not have those optics, that there are very clear mandates that the third party will deal with complaints against elected officials.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 4:20 p.m.

Liberal

Sean Fraser Liberal Central Nova, NS

Mr. Speaker, one of the things I really hope happens is that more Canadians can watch debates like this. Our reputation sometimes collectively in Parliament is that we point and scream at one another and I appreciate that the question is a productive one that seeks to identify problems with the legislation and potentially improve upon them.

When I was at the committee after second reading, there was the issue of the potential problem with independence that might exist if there is a political advantage to be had when the minister is in charge. My understanding is as follows, and if I am incorrect I would be happy to have a follow-up conversation with the hon. member. In circumstances where the complaint would actually come to the minister, where there is a political element of that nature, the decision is delegated to the deputy minister in those instances.

To the extent that there is the potential for political interference, if a Liberal minister has the opportunity to chastise a Conservative member months after they are no longer in the job, or the other way around, then that would obviously be inappropriate. We cannot have ministers exercising their powers and prosecuting or dealing with a particular claim for political gain. We need to be centred around the impact on the person who has been subjected to the harassment and the violence and the need to change rules to ensure that going forward, fewer incidents like that take place.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 4:20 p.m.

Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, I thank to the hon. member for the level of debate we are having. He mentioned the finger pointing and screaming that goes on in this place. An hour ago we had question period and one of the things I have been very disappointed in since I was elected is the discourse during question period and how members harass, yell, scream and try to belittle other members to try to build themselves up.

This legislation seeks to build up people around us and the impact that we have on people around us through our actions and words to build them up versus tear them down. Could the hon. member comment on the Parliamentary Employment and Staff Relations Act where we have to behave consistently whether we are in this place as members of Parliament talking to each other or whether we are in our offices as members of Parliament speaking with our staff? In either case, we have to look at our impact on the other people around us, at their mental health and their ability to do their jobs.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 4:20 p.m.

Liberal

Sean Fraser Liberal Central Nova, NS

Mr. Speaker, I would like to thank my friend and colleague who represents the good people of Guelph for the question.

Before we get into how Bill C-65 addresses this, the member makes a good point that we all need to look inward. It is awfully difficult for the public to accept that they should behave differently under the laws we pass if we do not model that kind of behaviour ourselves in this place and on Parliament Hill.

On the issue of the dynamic between elected officials and staff, which I touched on in my speech, it is something that the public is not aware of. One of the problems with the rules that we have today, as I mentioned, is that here on Parliament Hill the recourse for episodes of violence, if one works in the public service, or episodes of sexual harassment, if one works in federally regulated private sectors, just do not exist. Young people are actually rewarded for essentially keeping their mouths shut because they do not want to be viewed as a problem.

This is not okay. By creating a single, integrated system that allows us to be subjected to the same rules that other aspects of the public world are subjected to, we can ensure that the power imbalance that exists between an elected official, for example, and a staff person will not cause that staff person to see that there is no possibility for recourse if they come forward with a complaint against someone who may be in a position that makes that difficult for them.