Bill C-65 (Historical)

An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1

Part 1 of this enactment amends the Canada Labour Code to strengthen the existing framework for the prevention of harassment and violence, including sexual harassment and sexual violence, in the work place.
Part 2 amends Part III of the Parliamentary Employment and Staff Relations Act with respect to the application of Part II of the Canada Labour Code to parliamentary employers and employees, without limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members.
Part 3 amends a transitional provision in the Budget Implementation Act, 2017, No. 1.

The House proceeded to the consideration of amendments made by the Senate to Bill C-65, 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.

Canada Labour Code

[Patty Hajdu, Liberal, Minister of Employment]

moved:

that a message be sent to the Senate to acquaint their Honours that, in relation to Bill C-65, 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, the House: agrees with amendments 3, 5(b), 6 and 7(a) made by the Senate;

respectfully disagrees with amendment 1 because replacing the word “means” with “includes” would result in a lack of clarity for both employees and employers;

respectfully disagrees with amendment 2 because, in focusing on harassment and violence, it would create an imbalance relative to all of the other occupational health and safety measures under Part II of the Canada Labour Code, and, in addition, other legislation, such as the Employment Equity Act, addresses some of those issues;

proposes that amendment 4 be amended by deleting paragraph (z.163) and by renumbering paragraph (z.164) as paragraph (z.163) because the addition of proposed paragraph (z.163) would mean that a single incident of harassment and violence in a work place would be considered to be a violation of the Canada Labour Code on the part of the employer, which would undermine the framework for addressing harassment and violence that Bill C-65 seeks to establish;

respectfully disagrees with amendment 5(a) because the complaints that are investigated under the section that would be amended do not include complaints relating to an occurrence of harassment and violence;

respectfully disagrees with amendment 7(b) because this would be inconsistent with the Federal Public Sector Labour Relations and Employment Board’s other annual reporting obligations under both the Federal Public Sector Labour Relations and Employment Board Act and Part I of the Parliamentary Employment and Staff Relations Act and because that Board would only be reporting on a small subset of cases in respect of which there are appeals, thus creating a high risk that an employee’s identity would be revealed if such statistical data were published.

Mr. Speaker, it is a great honour to rise today to speak to Bill C-65. First, I would like to recognize both chambers for their excellent work on the bill. Bill C-65 has had careful study over the course of many meetings, and both chambers have suggested amendments that would strengthen this historic legislation. All hon. members agree it is our responsibility and duty to end workplace harassment and violence, and Bill C-65 brings us closer to that goal.

This bill will change how we perceive and put a stop to unacceptable behaviour in workplaces under federal jurisdiction, including Parliament, but its ultimate goal is so much greater.

It is my hope that Bill C-65 will become the standard and the model for other jurisdictions in the country.

We have heard for years many stories of harassment and violence in the workplace and the extent of the problem. In 2017, more women than ever before came forward to share their experiences through the #MeToo movement. The flood of stories was overwhelming. Some were shocked by what we heard and read, but too many of us were not. So many women have experienced what can no longer be denied: a systematic and widespread tolerance of workplace harassment and sexual violence.

[The Assistant Deputy Speaker, Anthony Rota]

I am sorry to interrupt the hon. minister. I believe we are having trouble with interpretation. Do we have sound? We have it now.

I will let the hon. minister continue then.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Mr. Speaker, sharing stories cannot be where this ends. It is time for us to take action, and we are. According to an Angus Reid poll, 52% of Canadian women say that they have been subjected to sexual harassment in the workplace and 28% report having experienced non-consensual sexual touching in the workplace, and 72% of respondents who experienced harassment never reported it. In fact, these behaviours have become so normalized that the discomfort women feel is normalized. Women tell us that they do not come forward because it is easier not to, because it often is not worth it. They feel embarrassed, and many fear reprisal, up to even losing their jobs. Most disappointing is that most women simply do not believe that coming forward will make any difference whatsoever in their situation or for others.

It is time for a change. All Canadians deserve a workplace that is free of harassment and violence and where unacceptable behaviour is no longer tolerated. Bill C-65 would be a tool to help achieve that goal. It is how we would send the message that unacceptable behaviour in the workplace will not be tolerated. It would move us, as a society, from outrage to action. Bill C-65 would address all types of harassment and violence. It would strengthen the Canada Labour Code to complement existing laws and policies. It would broaden the scope of legislation to include staff working right here and in constituency offices, both in this House and in the other chamber.

There are three main elements to Bill C-65: the prevention of incidents, a timely and effective response to incidents, and support for affected employees.

This is a progressive and revolutionary bill that all Canadians can be proud of. However, I am well aware that Bill C-65 applies only to federally regulated employers and employees.

My hope is that the legislation would set the example and the standard for fairness and harmony in all workplaces in Canada.

I wish to thank the other chamber for its careful study. I also thank the witnesses who shared their expertise and their experiences, many of them deeply personal, which helped inform the committee's study. The Standing Senate Committee on Human Rights took to heart the messages heard from these witnesses and proposed amendments to echo those voices and stories.

Many of these amendments are supported by our government. For example, we are supporting the removal of the terms “trivial”, “frivolous” and “vexatious” to describe complaints that could be refused for investigation. While these terms are commonly used in law, there is no denying that they have powerful negative connotations.

There are some amendments we are unable to support, despite the fact that we understand their intent. These concerns did not go unheard. It is the government's perspective that the amendments have already been addressed through other legislation. My hon. colleagues will speak in more detail about each of the amendments.

Rest assured that this legislation would be meaningful for Canadians. It would create better protections, safer workplaces and swifter action for employees covered by this legislation. It would also start a cultural shift that would affect all workplaces and our society. In fact, I believe that it already has.

For example, during our consultations on the regulations, the majority of stakeholders we met recognized the need to change the status quo, and most expressed their willingness to help make that happen. It is important that as a government, we lead the way, that we provide an example, and that we take our responsibility to our workers seriously. We need this legislation simply because what is in place right now is not doing the job.

Let me tell members a bit about Hilary Beaumont, a VICE News reporter. Ms. Beaumont conducted some very interesting research. She interviewed more than 40 women who work right here on the Hill, including former and current members of Parliament, lobbyists, journalists, employees and trainees. In her presentation to committee, Ms. Beaumont said that she quickly realized that female employees were much more vulnerable to harassment than their male counterparts.

The women she interviewed reported personal stories of sexist comments and touching and even sexual assault. Some women said they had been fired or had lost job opportunities after trying to report the abuses they had suffered at work, in this workplace. Some currently employed on the Hill are not even aware of how to manage and report incidents.

Ms. Beaumont discovered that existing measures are not protecting employees from harassment and violence. However, if Bill C-65 had been in place, these women would have had better support and justice, and even better, these incidents could have been prevented. That is why this bill is so important.

From the outset, each member of this House agreed on its importance, and this was apparent during the meetings of the committee of this House, which worked very hard to strengthen the bill. Out of those meetings came important amendments: adding the definition of harassment and violence to the Canada Labour Code; adding a clause that required that the provisions on harassment and violence established in Bill C-65 be re-examined every five years; requiring the minister of labour to produce, each year, a report on harassment and violence in all workplaces under federal regulation; and for the application of part 3 of the law in Parliament, providing the deputy minister with powers normally attributed to the minister to avoid any potential conflict of interest.

These changes, which have already been adopted, along with the amendments from the other chamber that we propose to accept, have created a piece of exceptionally strong legislation that we can all be sure would reach its intended goal.

I firmly believe that Bill C-65, as amended, will really change the lives of thousands of Canadians.

It would ensure better protection for employees in the public service and in federal Crown corporations.

This applies to people working for federal banks, railroads, marine transportation services and ferries, airlines and airports, and radio and television broadcasting.

Bill C-65 would also, importantly, protect political staff in this chamber and in the other one, where all too often we have heard of, and may have even witnessed, inappropriate behaviour, often to humiliate or belittle or to use power as a way to pursue intentions of assault.

I ask my hon. colleagues to support the advancement of this important bill; in fact, this historic bill. For every person who has come forward, for those who have felt that they could not come forward, let us stand up and declare together that we will not accept the status quo and that we will be responsible employers in this place. Let us be an example for Canada and for the rest of the world. We owe it to our citizens, and we owe it to the incredibly hard-working staff who serve us all, to take action now.

[Steven Blaney, Conservative, Bellechasse—Les Etchemins—Lévis, QC]

Mr. Speaker, I would like to thank the Minister of Employment, Workforce Development and Labour for bringing forward a legislative measure of such importance to this country.

We worked together as members of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. The Conservative Party of Canada will support this bill. We played an active role in the committee's work.

This is a step in the right direction, but it does not go far enough. It does not give employees the option of turning to the labour minister for support. The act merely requires businesses to follow procedures.

Does the minister plan to take things further by enabling employees to file complaints with Employment and Social Development Canada, as Quebec and other legislative bodies have done, making support available to them, and having an independent individual, a departmental official, conduct investigations?

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Mr. Speaker, this proposed legislation is so comprehensive that at any time should someone feel that the process has not been followed, they would have the ability to come forward to the labour department.

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, I would like to thank my colleague for her excellent speech. It is true that we worked really hard in the House and in committee. There was a great deal of co-operation. I want to thank her for this so-called historic bill, which will not eliminate bullying and violence in the workplace but is nevertheless a step in the right direction.

I would like to take advantage of my colleague's expertise and ask her a more specific question. The government rejected the addition of the following to portion of section 21 entitled “Annual Report—Board”:

The report must contain statistical data relating to harassment and violence in work places to which this Part applies, including information that is categorized according to prohibited grounds of discrimination under the Canadian Human Rights Act. The report shall not contain any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence.

The government claimed that this addition would create a serious risk that the employee's identity would be revealed if such statistics were published.

My question is clear. The Senate amendment clearly indicates that the report would not contain “any information that is likely to reveal the identity of a person”. I would like to know what my colleague thinks. Why did the government reject the Senate amendment?

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Mr. Speaker, the reason we respectfully disagree with amendment 7(b) is that this amendment would be inconsistent with the federal Public Sector Labour Relations and Employment Board's other annual reporting obligations under both the Federal Public Sector Labour Relations and Employment Board Act and part 1 of the Parliamentary Employment and Staff Relations Act.

It would also create a very small subset of cases in respect of which there are appeals. The challenge is that because this would be such a small subset of cases, it would take very little information to identify the identity of someone who may have been subject to those appeals. Therefore, we feel that this amendment would have the unintended consequence of potentially putting in jeopardy someone's confidentiality. Something that was repeatedly stressed in almost all the testimony we heard was that the root of this had to be the assurance of confidentiality.

[Celina Caesar-Chavannes, Liberal, Whitby, ON]

Mr. Speaker, I want to thank the minister for what is a historic piece of legislation, Bill C-65. I want to add a dimension to it.

The minister mentioned that women often do not report and that their stories are often not heard. When we add intersectionality to that, either of race, disability or sexual orientation, the reporting is often a lot lower. I am wondering if the minister can elaborate on how this piece of legislation would adjust for that but also make more inclusive workplaces, not just within the federal jurisdiction but beyond that.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Mr. Speaker, my colleague raises the very important point that not all of us are equally vulnerable. In fact, those who have the experience of being racialized, LGBTQ community members, newcomers to this country, and people who may not have English or French as their mother tongue or first language experience a heightened sense of vulnerability. Therefore, having a baseline of legislation that would compel employers, first of all, to have a policy in place and to ensure that their employees know what their rights and responsibilities are would allow employers to take that very important step of prevention. It would strengthen a fabric that would set a baseline of intolerance for harassment and violence.

We have talked a lot about sexual violence in the context of this bill, but it would actually cover all forms of harassment and violence. Oftentimes we hear from vulnerable people that it may not be sexual in nature. They may be experiencing harassment, bullying or belittlement based on other criteria. People with disabilities, for example, often feel that they are harassed or bullied based on a perceived ability or capacity.

I thank my colleague for her work on ensuring that the folks most vulnerable in our workplaces have a strong fabric of protection and a voice to ensure that they have the fairest chance of success in the workplace.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, frequently in the House, we hear about the importance of consultation with the various groups that are going to be impacted by legislation. During the testimony at the Senate committee, the National Association of Women and the Law and the Native Women's Association of Canada both said that they were not adequately consulted. In fact, they were not consulted at all during the drafting of this bill.

Francyne Joe, president of the Native Women's Association of Canada, stated:

Moreover, there has been inadequate consultation with Indigenous people. Our understanding is this will apply to federally regulated First Nations governments and if this is correct, then the Government of Canada must carry out meaningful consultation with Indigenous people.

In particular, Indigenous women have not been adequately consulted. In the harassment and sexual violence public consultation report that informed this legislation, only 28 Indigenous women were surveyed and only one engagement session with the Ontario Native Women’s Association was held. Findings from these consultations do not appear to be reflected in the legislation in its current form.

Does the minister agree with Francyne Joe that there was inadequate consultation specifically with indigenous women's groups?

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Mr. Speaker, I am particularly proud that this legislation would protect indigenous women in their workplaces as well. The member points out that some aspects of indigenous communities are covered by federal regulations, and so that means this protection would be there for indigenous women working in those spaces as well.

We are comfortable with the consultation we held. We talked to a wide variety of different experts such as legal groups, advocates, employers, labour unions and individual Canadians about their experiences in the workplace, and what needed to be in the legislation to ensure a strong regime so people would be able to use the legislation and employers would have confidence that the tool would allow them to move forward with their endeavours without onerous measures that would not result in change.

In fact, we have heard overwhelming support from both FETCO, the organization that advocates on behalf of federally regulated employers, as well as the CLC. I am excited to hear the comment around the Ontario Native Women's Association, which has headquarters located in Thunder Bay. I have had many conversations with Cora-Lee McGuire, its executive director. Anything that protects women in the workplace is a step in the right direction. There is a scourge of violence against women in this country. It is really encouraging to hear a member of the Conservative Party take this so seriously. It is certainly something I did not hear in the decade of work I did on the streets of Thunder Bay.

[The Assistant Deputy Speaker, Anthony Rota]

We have time for a very brief question, 30 seconds for the question and 30 seconds for the answer.

The hon. member for Jonquière.

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, I would like my colleague to tell us why the government rejected Senate amendment 4, which sought to add “ensure that the work place is free from harassment and violence” to clause 3 of Bill C-65. That would have been a very important addition.

I would like my colleague to quickly share her opinion on that.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Mr. Speaker, we proposed that the paragraph from amendment 4 be deleted because the addition of the proposed paragraph would mean that a single incident of harassment or violence in the workplace would be considered to be a violation of the Canada Labour Code on the part of the employer, which would undermine the framework.

We want to make sure we have a continuum of responses from prevention all the way up to enforcement and responding to survivors. However, if we had every incident be a violation of the Canada Labour Code, one could see how this would, first of all, be incredibly onerous for employers because in some cases those allegations may not be accurate. It would actually undermine the framework that puts the responsibility for prevention on the employer, which is such an important part of this legislation.