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 was last introduced in 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 often publishes better independent summaries.

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.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 6:05 p.m.
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Liberal

Jati Sidhu Liberal Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, I am going to get to the bottom of why Bill C-65 was introduced. Research shows that harassment and violence in Canadian workplaces is persistent, and often incidents go underground, because people fear retaliation. Bill C-65 seeks to create an environment and culture that would make victims feel safe coming forward. It is extremely important for employees to come forward without fear of retaliation.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 6:05 p.m.
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Liberal

Jati Sidhu Liberal Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, it is very important that we ensure that victims feel supported when they come forward. Bill C-65 would ensure that victims are provided with adequate assistance and that workplace committees were put in place to help support victims.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 6 p.m.
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Liberal

Jati Sidhu Liberal Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, Bill C-65 is trying to create a single, integrated regime that would protect federally regulated employees from harassment and violence in the workplace. We are trying to create a level playing field so that harassment and violence is reduced in the workplace, regardless of whether the employee is parliamentary staff, exempt staff, an employee of a Crown corporation or part of the federal public service.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 5:50 p.m.
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Liberal

Jati Sidhu Liberal Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, I will be sharing my time with my colleague for Winnipeg Centre.

I am pleased to provide some perspective on some of the amendments proposed as part of the other chamber's consideration of Bill C-65.

The issue of workplace harassment and violence is complex. The measures required to eradicate these behaviours must take many factors into consideration. For example, women tell us that they do not come forward because they feel that it is not worth the risk or it is embarrassing. Many fear potential consequences. Perhaps most disappointing is that many simply do not believe that coming forward will make a difference.

Reporting an incident requires courage. Women fear reprisals or even losing their jobs, and the stigma associated with being a victim can make it extremely difficult to report an incident. It is clear that if people know that they can come forward without fear of being identified, it will reduce their hesitation around speaking out.

One of the key elements of this proposed legislation is support for affected employees. Privacy is integral to that support. We believe that the success of Bill C-65 is closely linked to ensuring the privacy of those involved in incidents of harassment and violence. It is with this perspective that we considered some of the other chamber's proposed amendments.

The other chamber put forward two amendments that proposed that the minister's annual report and the annual report prepared by the Federal Public Sector Labour Relations and Employment Board contain statistical data related to harassment and violence, categorized according to prohibited grounds of discrimination under the Canadian Human Rights Act. Information categorized according to prohibited grounds of discrimination under the CHRA would include information such as race, national or ethnic origin, colour, religion, sexual orientation, gender identity or expression, disability and others.

Our government supports the amendment being proposed with respect to including this information in the minister's annual report. However, we do not support the amendment to the section that would apply to the Federal Public Sector Labour Relations and Employment Board's annual report. I will explain.

The first amendment proposed relates to the annual report the Minister of Labour would publish each year providing data on incidents of harassment and violence in federally regulated workplaces, including parliamentary workplaces. The proposed amendment would require that the data collected from employers for the annual report by the Minister of Labour include information on whether the incident could be considered a prohibited ground of discrimination. This would provide very useful information on the nature of these incidents so that together, we could work to prevent their occurrence.

However, we also recognize that collecting this data would represent certain risks to colleagues. Perhaps the most pressing would be the risk to the privacy of the individuals providing the information. This is particularly true for smaller organizations with fewer employees, where the risk of being identified is very real. To mitigate this risk, the provision of this information would be entirely voluntary. It would be up to the employees to decide whether they felt comfortable disclosing any details about themselves that could potentially identify them down the road. We feel that this is the best approach.

We felt it was important to support acceptance of the amendment to include the data in the minister's annual report because we believe that this risk would be effectively mitigated, and because the potential benefits are significant.

The data that would be collected could be used to determine whether Bill C-65 is doing the job it is supposed to do, particularly for those who are most vulnerable to incidents of workplace harassment and violence. This data, which would cover incidents in both federally regulated and parliamentary workplaces, could be used to make adjustments if there is evidence that this is not the case.

Our government is committed to making evidence-based policy decisions. The more data we have to work with in the future, the better our ability to do just that. However, as I mentioned, we do not support the other place's proposed amendment to require that the statistical data in the board's annual report include information that is categorized on the same grounds. While we support the intention of the amendment, we do not think it would be feasible. The report that is produced by the board captures only appeals made in relation to part II of the code. Only a smaller subset of those appeals would apply to harassment and violence. These appeals would not relate to investigations of the incidents themselves, but whether or not the process to deal with the incident under the code has been followed.

Given that the report would cover only the appeals that the board hears, and these appeals would relate to the process followed, the dataset would be far too small to report according to prohibited grounds of discrimination without revealing the identities of the individuals involved. I think we would all agree that breaching privacy and in any way discouraging individuals from coming forward is the last thing we want to do.

Let me be clear. This report by the board would only capture appeals, it would not capture the total number of incidents of harassment and violence occurring in parliamentary workplaces. Those incidents would be captured in the previously mentioned minister's report.

We know that these behaviours are not exclusive to our workplaces. However, with the rise of movements such as # MeToo and # TimesUp, we are understanding where we need to act and how we need to enable people to come forward. This legislation would help to create a culture where certain behaviours are simply not tolerated.

This is what Bill C-65 would help accomplish: a profound change in culture, a culture where people work in a safe workplace, one that is free from harassment or violence. For this to happen, people need the option of reporting reprehensible behaviour without fear of retaliation. Bill C-65 would help ensure that is the case.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 5:35 p.m.
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Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Madam Speaker, I appreciate the opportunity to participate in today's debate on Bill C-65, legislation that I also had the opportunity to study as a member of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons of Disabilities.

Throughout the study of this bill, there has been common, all-party agreement that this legislation is needed. This legislation is necessary today and it was needed yesterday. It is an unfortunate reality that sexual misconduct is pervasive in our society. This includes many workplace cultures, including our own and those that are addressed in this legislation.

The recent #MeToo movement has shone a light on this reality in a societal context, but the prevalence of this issue is not new and is much broader. For far too long, individuals, and more often women, who have been victims of sexual harassment or violence have chosen not to come forward. Some may have chosen not to report their experiences because they fear shame or even humiliation. Others may fear the repercussions of coming forward. Others may have come to this decision for other various reasons. Regardless of the reasons, the common denominator is that victims of sexual misconduct have weighed the options of reporting their experience or keeping it private and, sadly, many have found it safer or preferable not to report or share their experiences. It is not a healthy state of affairs when incidences of sexual harassment and violence are swept under the rug. When that is the norm, something is broken.

It is positive that many victims of harassment are finding the courage to come forward and to share their stories. In fact, some courageously came to committee, at HUMA, to share their stories with us as we studied the legislation. It is paramount that the response to individuals coming forward is not to leave them exposed to additional trauma or additional hurt. We need to change our culture so they feel protected and supported. A part of that change is ensuring that when someone comes forward with allegations, there is a fair system in place to address the allegations.

The existing mechanisms to deal with workplace violence and sexual harassment are insufficient and do not even cover the employees of Parliament. This legislation takes steps to regulate and create a process to address sexual harassment and violence for federally regulated workers and federal workers, including those in our own place of work here in Parliament. This is particularly important as Parliament employees are not covered by existing regulations, and we all know our workplace is not immune. In fact, there is reason to suggest that our unique work environment actually aggravates a culture of sexual misconduct and violence. When victims do not feel safe to bring complaints forward, this can create an environment where harmful and abusive behaviours of a sexual and violent nature can be normalized, minimized and ignored.

As we have studied this legislation, it has been stated repeatedly by members of all parties that sexual harassment and violence have no place in Canadian society and certainly no place in our workplace. We have repeatedly heard that we need to believe victims and to support them. It is not enough just to express it, we must practise what we are preaching. That is why the Prime Minister's hypocritical response to an allegation against him was so very disappointing. He, himself, has emphasized the importance of believing victims and he has said repeatedly that he has no tolerance for sexual misconduct. However, this past summer, when an allegation resurfaced that the Prime Minister groped a young reporter in British Columbia in 2000, that was not his response. He did not live up to his own standards.

When this story resurfaced, the Prime Minister said that he could not recall any negative interactions that day. By saying what he did, he minimized the past conduct and the experience of the individual who made the allegation.

He later dug in his heels and said, “I do not feel that I acted inappropriately in any way, but I respect the fact that someone else might have experienced that differently.” I am certain we can all agree that an individual who experienced sexual harassment or violence would indeed have a different experience.

We need to ensure that we remove the ability of a person to hide between power and prestige. We need to ensure that government is focused on supporting victims. We need to work toward safer workplaces in Canada. We need to ensure that legislation does not just have the right intent, but that there are actual teeth in the legislation. We worked hard at committee to do this.

Our Conservative team successfully introduced an amendment that transferred powers from the Minister of Labour to the deputy minister in investigations of harassment involving political offices. This amendment will prevent political interference or even the perception of it in any harassment investigations in the offices of members of Parliament.

We also successfully introduced amendments to ensure strict timelines for investigations. This amendment is so important for our goal of supporting victims. To know that if someone reports an allegation, it will be investigated and dealt with in an appropriate timeline will give victims more confidence to come forward and share their experiences.

We also introduced and supported mandatory sexual harassment training. This measure will help prevent incidents of sexual misconduct, which of course is a much better reality.

As we all know, an ounce of prevention is worth a pound of cure. Training will also allow individuals to know their rights and responsibilities. Through training, we can take steps toward a change in our culture. I was very pleased that this amendment was passed at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

We also introduced and supported a mandatory review of the legislation after five years. This will allow Parliament to assess if the legislation is meeting its intent.

I am proud of the work that was accomplished at committee. The legislation that passed through the chamber was a better bill. It ensured a more fair process that would be impartial and ensure consequences for sexual harassers. I am pleased the other chamber also studied this legislation, with the intent of providing a fairer system with better recourse for victims of sexual harassment and violence.

I support the government's response to the amendments proposed by the other chamber because it will make this legislation stronger and better. It will offer greater clarity and give victims greater confidence in the mechanism and systems that are being created through the legislation.

Bill C-65 is important and timely legislation. Combatting sexual misconduct is a pressing need and this bill moves us in that direction. Its passage and the subsequent creation of regulations will be positive steps. It will provide better mechanisms for those working on Parliament Hill, in the federal workforce and in federally regulated workplaces. It will give better tools and resources to those working in those related workforces. It takes steps toward changing our work culture and it can contribute to a broader cultural shift.

That said, it is important that we all recognize that a process to address sexual misconduct alone will not change our culture. I sincerely hope that in addition to supporting this legislation every member in the House also acknowledges his or her role and responsibility to be a positive change in our workplace culture and in the broader context.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 5:35 p.m.
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Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I thank my colleague for his question. As my colleagues know, and as I said in my preamble, we have to set an example for the rest of the country. Our legislation must not be inferior to provincial legislation, which provides for a three-year limitation period. Our legislation calls for a one-year limitation period. That is why I am asking that the limitation period be changed to three years, so that we can lead the way on this type of legislation. This is a first. It has never been done before. It is likely that 10, 15 or 20 years ago, no one would have thought that this could have such a significant impact on victims of abuse.

Today I am voting in favour of Bill C-65 and hoping that the government understands that parliamentarians do not have to be partisan and that we must become leaders on this type of bill.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 5:25 p.m.
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Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Mr. Speaker, I am pleased to rise today to speak to Bill C-65. I will be sharing my time with the member for Battlefords—Lloydminster.

Yesterday marked the first anniversary of the #MeToo movement. Obviously, we still have a long way to go before we can say mission accomplished and that women are adequately protected, represented, heard, respected and defended in their workplaces and elsewhere. I say “women”, but of course I also mean the LGBTQ+ community and anyone who is harassed. In an ideal world, no one would be harassed in the workplace.

Bill C-65 applies specifically to federal workplaces. Despite the underlying good intentions of Bill C-65, which seeks to ensure that all federally regulated workplaces, including Parliament Hill, are free of harassment and sexual violence, it still has some important weak spots that will be detrimental to victims of workplace harassment.

Canada's Conservatives believe that all forms of harassment, sexual violence and discrimination are unacceptable, that all employees deserve respect and that these employees must feel safe at work. We also believe that it should be easier to report. Reporting a perpetrator is the first step in helping a harassment victim move forward and heal from a traumatic event that too often scars victims for life.

I obviously support this bill, but it is my duty to ensure that it achieves its objectives. Unfortunately, Bill C-65 does not work in favour of victims reporting harassment in the workplace. The bill is actually quite restrictive in this sense. Bill C-65 stipulates that victims must report harassment or violence in the workplace within one year after the abuse. It is inconceivable that the time frame set by the Liberal government is shorter than that of the provinces' for the same type of abuse, which is three years.

First and foremost, the government should be a national role model and set the example in protecting and respecting victims of harassment and violence in the workplace. It should not trail behind. It is completely unacceptable and inhumane to set a one-year time frame for filing a complaint, and this simply contributes to revictimizing a person after a traumatic event.

Many advocates for victims of harassment, health professionals and victims themselves have proven many times that one single year is too short a period to decide to report, and more often than not, this deadline adds to the victims' stress. Victims of harassment are usually in subordinate positions to their abusers.

Everyone in the House knows that our employees' positions are not protected, that they can be relieved of their duties on the spot, without cause or notice. That alone makes it extremely difficult for an employee to file a complaint. For one thing, to complain is to automatically risk one's job, and for another, such employees are already vulnerable on top of being traumatized by assault.

Bill C-65 gives victims one year to file a complaint, but that limitation actually discourages them from filing a complaint. One thing we know from years' worth of victims' accounts of workplace harassment and violence is that they continue to feel vulnerable during that first year after the assault. They may suffer from major health problems. It is often difficult for them to cope with what happened and confront their aggressor, to ask for and get the help they need to function from day to day so as to keep their jobs and not compromise their career prospects, and to fulfill their professional and personal obligations.

We have all heard victims of harassment tell their stories. I know some victims. Having heard their stories, how can we do anything but speak out against the one-year limitation period that makes the reporting process harder for them? Failing to speak out against it would exacerbate the problem. I absolutely cannot turn a blind eye to this.

Consequently, there must be a reasonable time frame for filing a harassment complaint, so that victims are completely protected by Bill C-65. This is not about passing a bill to ease our conscience and to say that Parliament now has a bill that protects its employees against all forms of harassment and violence in the workplace. This is about doing things right the first time, and above all, it is about not making an already trying situation even worse for victims. It is about considering victims, their well-being and their needs first before passing a bill that could obviously do them more harm than good in some respects. This bill needs to be more than symbolic. It needs to have positive effects for victims.

Since this bill also affects former employees of the House, a limitation period of at least three years to file a complaint is the minimum period that is acceptable to victims. That should also be the minimum period for filing a complaint for those who are still employees of the House.

What is more, in order to facilitate the reporting process, respect the well-being of the victim and protect the victim's job, we need to avoid imposing a limitation period on victims while they are still employees. That is a necessary change because Bill C-65 also includes the possibility of having to participate in mediation but does not contain any legislative measures to ensure that the complainant's job is protected. That is yet another thing that puts further unnecessary stress on victims.

Despite all of the movements and measures encouraging victims of harassment to report their abusers, speaking out is still a tough decision. It is our responsibility to facilitate that process as much as possible.

I will vote in favour of this bill, but I hope that the one-year limitation period will be increased. A three-year period would give victims some breathing room and alleviate unnecessary stress.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 5:15 p.m.
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Conservative

John Barlow Conservative Foothills, AB

Mr. Speaker, I want to reiterate the fact that the Conservatives will be voting in support of Bill C-65. We understand how important this legislation is to send a message to Canadians that we are playing a leadership role when it comes to addressing harassment and sexual harassment in the workplace.

I do want to commend again the committee and all the parties involved for accepting amendments from the different parties. I think that is what makes this legislation that much stronger.

The member talked about the amendment from the Senate that is going to ensure there are opportunities to amend this bill in the future. If a government can amend this bill in the future, our future government may do that.

An amendment brought forward by the Conservative Party puts a sunset clause on this bill which allows it to be reviewed after five years. I think that is an important component of this legislation as well. We do not know what could happen in the future in terms of cyberbullying and technology and those types of things.

I would like my colleague to talk about the importance of that clause in the legislation and why it is is important that we have an opportunity to review Bill C-65 in the future.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 4:55 p.m.
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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, it is my pleasure to stand and contribute to this debate today.

We are having a fairly productive debate on the legislation. The fact that it is being supported by all parties in the House is good news. It is good news that has been reported. The editorial in the Hill Times identified and applauded all members for coming together. It said “MPs from all sides of the House are getting behind this landmark legislation” and that “should be applauded.” Of course, the Hill Times is the de facto authority on what should and should not happen on the Hill, so I thank the Hill Times for that.

I have some prepared comments, but first I want to ensure this is not a silver bullet. It has been referred to as landmark legislation. I think we can agree that it has been proven necessary and it is a tremendous step forward, but so much more has to be done.

Just recently, I was able to meet with Canada building trades and we talked about women in the workforce. We talked about under-represented groups in the workforce, indigenous Canadians, women, young Canadians, persons with disabilities, and how today's workforce could better reflect today's society. We talked at great length about recruiting those groups to the building trades, but it goes beyond that.

As a party and a government, we have done some very positive things and have put programs out there that encourage those under-represented groups to engage and get the training and support they need as they develop the skills to become important and contributing members of the workforce.

However, it is important as well not only to recruit, but to retain those workers. When people invest in themselves to take that training, when a company invests in them to provide that training to have good, skilled and productive workers, then it is important that the culture around those workers is a positive and enabling culture that allows those workers to grow, prosper and be more productive. Therefore, it is not just the recruitment, but the retention of those workers is paramount. The building trades themselves have tried some very novel and progressive measures, but we still see only 4% women in those trades.

I had the opportunity to work in Fort McMurray for 10 years. For the first couple of years, I worked with LiUNA in the Great Canadian Oil Sands, now Suncor. It was an opportunity to see a part of the world that has been such a great asset to our country. The oil sands have really been a nation builder. When I think back to those days, sitting around the lunchroom table or on the shop floor, there was not a whole lot of diversity. I do not know if the culture would have been one that would have promoted or helped to nurture any type of diversity.

We are faced with a great predicament. Youth unemployment rates in the country are at a 40-year low right now. More young people are working and unemployment rates are at record lows.

This presents a whole new problem, which is where we get our workforce and how we grow our workforce. How do we make sure that those under-represented groups have the opportunity that has been denied to many, for many years? Giving them that opportunity is positive for the individual. It is positive for the company. It is positive for the Canadian economy.

We have to do what we can to make sure they are given the opportunity, that they have the skills they need to perform the job, and that the culture they work in is positive and supportive. This proposed piece of legislation takes us on a path toward helping to find that place where everybody on that shop floor or in that office space stands as an equal, is respected and is treated with dignity.

The witness list for the committee was pretty impressive. I was at most of the meetings, and one of the things I was most taken by was the testimony from those who had experienced sexual harassment and sexual assault. Their testimony was given to the committee. It was absolutely confidential. It was very compelling, moving and disturbing.

Every member around that table from all parties paid notice to this. Hopefully, those horrible situations that those witnesses shared with us will be of benefit to other Canadians as we go forward.

To get to my prepared comments, I am pleased to be among those rising today to speak to Bill C-65. As some of my hon. colleagues have mentioned, our government believes that the bill we have put before the House today is an exceptionally strong piece of proposed legislation that will make a real difference in the lives of thousands of Canadians working in federally regulated workplaces and right here in our own workplace on Parliament Hill. We also firmly believe that this proposed legislation will make a difference in the lives of many who hear our government's message of support and who feel encouraged by our refusal to tolerate these toxic, destructive behaviours any longer.

It takes a great deal of courage to come forward. We can all agree that the #MeToo and Time's Up movements have helped reduce some of the stigma associated with being a victim. We have made progress over the course of the last year, since workplace harassment and violence came into the spotlight and more people started to speak about their experiences and to speak out against these behaviours. However, there is still much work to be done.

The reality is that many individuals still fear coming forward. Some fear reprisal at work or even losing their job. Some fear embarrassment. Others fear they will not be taken seriously, or that they will be blamed. Many individuals fear all of these things, and when they weigh the risks against the benefits when deciding whether or not to come forward, they decide that it simply is not worth it, because they believe that in the end it will not make any difference anyway. That is unfortunate.

Unfortunately, history has proven that these fears are completely founded. This is why we need Bill C-65. I believe this proposed legislation is exactly what is required to help put these fears to rest once and for all, and to empower those who feel powerless in the wake of the reprehensible transgressions of others that we can no longer afford to tolerate.

It is a strong piece of legislation that has been made stronger over the course of the last year, since it was first tabled. The dedication of the members in the House and the others who contributed their careful study of the bill, as well as the generosity of the many witnesses who informed that study, have resulted in important amendments. Amendments were made as the bill passed through the chamber, and several more were proposed as it passed through the Senate.

As detailed by several of my hon. colleagues, our government supports a number of these amendments. The amendments we are accepting help us to strike a balance between what different stakeholders told us at committee. We need a strong bill that can reflect real cultural change, that provides employees with the protections and support they need, and that provides clear direction to employers on what they are required to do.

However, as mentioned, we do not support all the amendments. While all of the other chamber's proposed amendments stem from laudable goals and are certainly noble in their principle, we believe that some would be ineffective in practice, particularly those amendments that could compromise the clarity of the bill's intent. The need for such clarity was emphasized by various stakeholders, including employers and employees' representatives, time and again during the committee meetings.

I hope the Senate will consider our reasoning and understand our rationale. I truly believe that we have done our best in our role as parliamentarians to make this the strongest bill possible. We are now at a point where we must make a decision that will move the bill forward, bringing us one step closer to royal assent and ultimately implementation of this important legislation.

We need the bill in place as soon as possible. This is why I urge all in this chamber to vote in favour of the message our government intends to send back to the Senate. We cannot afford to wait any longer for the bill to be in place, and the reality is that implementation will take time. Anyone who has been in this chamber for any length of time can certainly appreciate that. Beyond the practical challenge of putting into place the regulations and completing the necessary outreach and education, it takes time to effect the kind of lasting cultural change we hope to accomplish with Bill C-65.

On another practical note, I would like to remind my hon. colleagues that the bill could be amended down the road if it becomes clear that adjustments are necessary. In fact, one of the amendments our government is proposing to accept would facilitate such a course of action.

I am referring to the Senate's proposed amendment to have the minister's annual report contain statistical data related to harassment and violence categorized according to prohibited grounds of discrimination under the Canadian Human Rights Act. Information that is categorized according to prohibited grounds of discrimination under CHRA includes such information as race, national or ethnic origin, colour, religion, sexual orientation, gender identity or expression, disability and others.

The collection of this information, provided voluntarily to avoid encroaching on the privacy of those affected, will enable us to identify with greater certainty whether or not Bill C-65 is fulfilling its intended purpose. This will particularly affect individuals who generally experience higher levels of workplace harassment and violence, such as those who identify as members of the LGBTQ2 community. Any members who were in the chamber earlier today, when my colleague from Edmonton Centre gave his speech, will remember that it was pretty enlightening.

We find that certain groups and individuals continue to experience higher levels of harassment and violence. We could look at ways to better protect them in the future. What we need right now is better protections for employees in federally regulated and parliamentary workplaces and we need those protections in place as soon as possible.

With these points in mind, I once again urge everyone here today to help move this bill forward by voting in favour of the message to be sent to the other chamber. Canadians are counting on us to do this. I ask all to consider that as we go forward with the vote on this legislation.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 4:50 p.m.
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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, my NDP colleague voiced concern about whether resources would follow this legislation. I will put on the record for clarification that in budget 2018, our government announced it was providing $35 million over five years, starting in 2018-19, with $7.4 million per year ongoing to support Bill C-65. That money would be used to develop training programs for labour program inspectors; create an awareness campaign; provide educational materials, tools and workplace priorities; hire additional labour program investigators; put in place an outreach hub accessible through a 1-800 number; and support regulatory development and enforcement activities. I want to ensure he understands that those would be available.

Beyond that, what came out in much of the testimony was the importance of changing our culture. One piece of legislation will not do that. I would ask the member if he sees a shift and different approach throughout workplace culture happening and evolving.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 4:40 p.m.
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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I would like to congratulate my colleague from North Island—Powell River for her excellent speech. She gave a really good speech and delivered it with passion. She also gave many examples of what she and her constituents experience.

It is extremely important to point out that the context for this speech is Bill C-65. The bill would amend the Canada Labour Code with respect to harassment and violence, the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1.

Bill C-65 is a very important bill. As my colleague mentioned, the member for Jonquière worked very hard on this bill in committee. She proposed 17 amendments and three of them were accepted. This means that not only were the amendments warranted, but she managed to persuade our Liberal and Conservative colleagues of their merit. Naturally, that is very important.

For the record, the NDP has always fought to give workers better protection.

This bill sets out a clear, standardized procedure to help workers and employers address allegations of bullying, harassment and sexual harassment. Strict rules will be put in place to protect the privacy of victims of harassment or violence, which is good news. The bill will harmonize separate labour standards related to sexual harassment and violence. The two existing standards will be amalgamated to create a single standard.

Part 1 of the bill amends the Canada Labour Code to include sexual harassment and sexual violence. Some of my colleagues pointed out that psychological harassment could have been included as well. This bill covers harassment in general, but it does not get into a lot of detail about psychological harassment. That would have been an improvement to the bill. 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. Basically, it deals with labour relations in Parliament.

Violence and sexual, physical, psychological or emotional harassment in the workplace are neither tolerable nor acceptable. That is why it is extremely important to advance this bill. However, it is important to point out that the bill does have a small flaw that must be corrected: it excludes joint health and safety committees from the investigation process, to the dismay of unions. The joint health and safety committees should continue to operate.

It is vital that they continue participating in the investigative process, as was previously the case. There are three types of joint committees that can be set up depending on the size of the business. It could be a health and safety policy committee, a local health and safety committee, or a committee with just one health and safety representative. These committees are being excluded from specific aspects of the investigative process. Under Bill C-65, the committees would no longer be able to conduct investigations of harassment or violence, or to receive complaints. The unions criticized the change because this worked in the past. We could improve the bill by keeping the unions involved.

There are a number of reasons why unions absolutely want to continue to participate in the investigative process. First, they have the expertise. They have extensive experience on joint committees that investigate harassment and violence. Therefore, it is deplorable that they are being sidelined.

Second is that the joint committees allow for an extreme diversity of investigators that is not found anywhere else. They make it possible to achieve the ideal representation, whether we are talking about sexual, ethnic or other minorities.

These committees exist. They have expertise and experience. They are legitimate and recognized. That is why unions are disappointed that these committees are being excluded from some stages of the investigation process.

Bill C-65 is essentially a procedural bill that establishes an investigative process. It is therefore very important. We know that low-income workers and those in precarious jobs, as well as racialized and queer women, are more likely to be harassed or experience violence at work. Once the bill is passed, it will apply to all federally regulated workplaces. That is good news.

However, some questions remain unanswered, so let us hope that the Liberal government answers those questions quickly. For example, will the bill be accompanied by the necessary human resources and training? When a bill is passed, the government must be sure that it can be implemented. In this case, that will take staff and training.

Will unionized workers have the right to union representation throughout the complaint resolution process? Many people are concerned about that. They need to have all the necessary information.

I am very proud of the work of the hon. member for Jonquière, who proposed 17 amendments in committee, three of which were passed. This shows that the NDP does an excellent job. Allow me to digress. Yesterday evening, I was very proud of the work of the NDP in getting a motion adopted to hold an emergency debate on the alarming IPCC report. In light of the report, the government cannot just go to Paris and say that Canada is back and then settle for keeping the Conservatives' same terrible targets. These targets do not enable us to do our fair share of the work to hold global warming at 1.5 degrees, as required.

It is also necessary to make investments in the right places. We have to stop the subsidies to the oil and gas industries, which account for nearly $2 billion in spending. Instead, we could invest that money in energy transition. To make matters worse, the government bought an old pipeline. That is terrible. It shows that the government is not serious about this. That is why I am proud that the NDP requested this emergency debate and the request was granted. Last night's debate, which lasted several hours, gave us the opportunity to stress the importance of acting quickly to limit global warming to 1.5 degrees.

In closing, we will support Bill C-65, which seeks to amend the Canada Labour Code. We are pleased with the improvements that were made. Some questions remain unanswered, but the work in committee helped clarify many things. Again, I congratulate the hon. member for Jonquière, who proposed 17 amendments, three of which were adopted.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 4:25 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, I will be splitting my time today with the amazing member for Drummond.

I am happy to be here to speak to Bill C-65 and the amendments that the Senate has sent our way. Just as a reminder to those folks back home, this is an act to amend the Canada Labour Code, harassment and violence, the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act. I want to take this opportunity as well to recognize and appreciate the member for Jonquière from our caucus who worked so hard on this and presented many important amendments.

This is a serious topic that we are talking about today: safety from violence and harassment in the workplace. We have heard too many stories that are shocking and upsetting for us to hear, and it really speaks to a culture in our country and in our workplaces that it is important that the federal government take some leadership on. I am happy to see some of those steps happening.

This past week that we spent in the ridings, I had a constituent come to me and share with me a rather horrific story of sexual abuse for some of her family members. She talked to me about the reality that, with the #MeToo movement and some of the movements that we are seeing, we have to make space to hear from women and children some of the most horrific and painful things. She talked to me about the role that she sees in all levels of government to create an environment of safety so that people feel they can come forward, and really ask the questions of ourselves, of our functions, of our legislation and of the places we work and what things are putting barriers, closing doors and not creating safe environments for people to come forward. Therefore, it is important that when we are in this place we have this conversation and we continue to look at those doors and make sure we are opening them so that people feel safe.

The Senate has sent us back some amendments, and it is important that we look at them closely. One of the concerns I have is that this bill would end the ability of local health and safety committees and representatives to continue to participate in the investigation process. It is important that we protect people who come forward and that we create a safe environment for them to come forward. One of the things that is so important about having the health and safety people participate in these activities is they are the folks who are looking at what we can do better in the workplace. They are the people who will put together and present ideas of different types of training. They are really the ones who will support moving forward to change the culture of the workplace. Therefore, it is unfortunate that one of the amendments is not really directing this to move forward. That is too bad.

When it comes to the case of this bill, health and safety committees set up the process and identify the training needs. That is important because we need to know what people need to learn more about. In this place, we have all had to take some more training to understand more functionally what harassment looks like and what violence looks like. That is a great step in the right direction. This encourages us all to be accountable in this place, in the role that we hold as members of Parliament, in the work that we do and the staff that we work with. It is important that we create an environment of support, one that is safe and where we can open up those opportunities for people to come forward when they have experiences that are not very good and are very hard to share. It remains a concern for me that these committees cannot be involved and they cannot come in and support some of the work with controlling some of those gaps.

It is important that we review some statistics. The Abacus Data publication on sexual harassment of women shows that it is widespread in the workplace. Some of the publication's stats are that 53% of Canadian women have experienced unwanted sexual pressure and just under 50% of Canadian women have experienced some form of sexual harassment in the workplace; that number explodes to 64% of women in the workplace between the ages of 30 and 44. Seventy-seven per cent of the women surveyed and 63% of the men surveyed said that individuals who engaged in harassment in the workplace often do not face consequences.

As we sit in this place and talk about this legislation, we have to remember that when people are brave and come forward, they are not getting the support that they deserve. They do not see the people who engage in that harassment actually being held to account. I want to make sure that all of us in the House recognize that people who do not come forward are often brave in their own way. They have seen it happen again and again where they do not get the support they desperately need to move forward and the people who are engaged in that process are not held to account.

It is important that we remember that according to the “What We Heard” report, 60% of respondents experienced some form of harassment in the workplace. Nearly half of those people experienced harassment by a person with authority over them. It can be very scary for an individual to come forward when a person in authority is doing this type of activity to him or her. The victim often has to support his or her family and has to think of the consequences of any action taken. At the federal level, it is important that we take this into consideration and that we make sure the policy is strong enough so that people feel safe to come forward.

We also read in this report that racialized women, queer women, those with lower wage positions and precariously employed people are the most likely to be harassed in the workplace. This is really about vulnerability. This is about looking at that vulnerability and how to address some of these issues. I think of my own experience with constituents from the LGBTQ2 community who talk to me about how hard it is in some workplaces in the riding that I represent to come out and be public about who they are. At the federal level we need to ensure that people feel included and that they are not in an unsafe environment.

I am the NDP seniors critic. How many seniors are going into care facilities where they experience homophobia again and often go back in the closet? We have to set a tone. We have to encourage people from all sectors to recognize this behaviour and to stop it whenever they can. We do not want our elderly loved ones who go into a care facility suddenly having to hide their identity. That is simply not what we are about in this place, I would hope.

One of the things that I am a little disappointed in is that amendment 5(a), from my understanding, will not be supported by the government. This is really about releasing the investigation report to the victim. It is important that some of the information be redacted but the victim absolutely deserves to look at the report, to understand what is coming from the report, the recommendations that are going out, so that he or she can take the next step in knowing that his or her workplace is going to be safe.

These are serious conversations but they are also very precarious conversations. I am glad that every five years this legislation will come back for review.

We must always engage in a process where we create a safe environment for workers, where we have these meaningful discussions. We need to make sure that people are not shut down. We need to be leaders in this country. We need to see more people come forward.

There is a reason that the #MeToo movement is happening. It is definitely a time of hard battles, some of which are won and some of which are lost. We have to think about how we can create an environment where women, people from different communities, people with disabilities can actually feel included.

I remember not too long ago spending a day in a wheelchair. I met with a lovely woman in my riding. Karen has been in a wheelchair for many years. She talked to me about some of the discrimination that she faces and how hard it can sometimes be for this population to find meaningful work, because people do not support them and how they deal with that type of harassment.

It is important that we include people. It is important that we have legislation like this that really outlines what that looks like. We must always be accountable.

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October 16th, 2018 / 4:25 p.m.
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Parliamentary Secretary to the Minister of Environment and Climate Change, Lib.

Sean Fraser

Mr. Speaker, I have previously had the pleasure of serving with my colleague on the transport committee. I recall on a number of occasions her advocacy to ensure that Transport Canada had the enforcement capacity to make sure the rules we adopt in this place can be fully implemented on the ground where it matters.

It is not just rail, banking, telecommunications and aviation that I have a concern with, I have a concern with the fact that any Canadian could go to work and not have the same protections. However, our constitutional authority only goes so far. The bill will aim to protect folks who work in those federally regulated sectors. Of course the employers in those sectors are subjected to the Canada Labour Code, and regulations are going to breathe life into the framework that is established in Bill C-65.

One of the things that we absolutely need to do, and I expect members in opposition should hold us to account if we fail to do, is ensure that the enforcement agencies responsible for ensuring that the protections on paper have an impact on the ground are present in Canadian society. The rules need to be worth more than the paper they are written on. We need to be able to have somebody out there in the communities to make sure that these employees have the protections they need.

Canada Labour CodeGovernment Orders

October 16th, 2018 / 4:20 p.m.
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Parliamentary Secretary to the Minister of Environment and Climate Change, Lib.

Sean Fraser

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.

Canada Labour CodeGovernment Orders

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