There are various policies and codes that are aimed at preventing and dealing with harassment and violence in the workplace at the House of Commons. The motion adopted by the committee for this study mentions one, namely the Members of the House of Commons Workplace Harassment and Violence Prevention Policy, which was adopted by the Board of Internal Economy, or BOIE.
There is a similar harassment policy adopted by the Clerk of the House of Commons for administration employees, and parliamentary partners are also legally required to adopt such policies. In addition, as members of this committee know, there is the Code of Conduct for Members of the House of Commons: Sexual Harassment Between Members, which comes within the purview of the committee pursuant to the Standing Orders of the House of Commons.
The Members of the House of Commons Workplace Harassment and Violence Prevention Policy, was, as I mentioned, adopted by BOIE under its general authority over administrative matters involving the House and members. The policy is also part of the conditions of employment and supports members in their role as employers of their staff.
In early 2021, the policy applying to members and their staff was replaced by a new, and the current, policy after the Governor in Council adopted the new Workplace Harassment and Violence Prevention Regulations. This came after the Canada Labour Code was reformed to include harassment as a health and safety matter and was made applicable to parliamentary employers, including members of Parliament. The policy was recently reviewed by BOIE, but no substantial changes were made.
As for the Code of Conduct for Members of the House of Commons: Sexual Harassment Between Members, it resulted from a study of this committee following an order of reference from the House instructing the committee to examine policy options for addressing complaints of harassment between members and make recommendations for a code of conduct for the prevention and resolution of harassment in the workplace. As its title indicates, the code of conduct ultimately recommended to and adopted by the House is limited to sexual harassment.
Following the 2018 review of the code of conduct on sexual harassment, it was contemplated that PROC would undertake a study on non-sexual harassment, but it did not begin such a study before the dissolution of the 42nd Parliament. The code of conduct on sexual harassment constitutes an expression of, and is rooted in, the parliamentary privilege of the House of Commons to discipline its members, similar to the Conflict of Interest Code for Members of the House of Commons. Both codes are appended to the Standing Orders.
Going back to the members of the House of Commons workplace harassment and violence prevention policy, it does not fall, as I said, within the mandate of this committee. That said, it's not the first time that the board and PROC are both interested in the same matter.
For example, in the 42nd Parliament, the issue of maternity and parental leave was studied by the board. However, as it did not have jurisdiction over the subject, the board referred the matter to this committee, which examined the subject and made recommendations to the House that were later adopted as the regulations respecting the non-attendance of members by reason of maternity or care for a newborn or newly adopted child.
Inspired by this example, PROC could, should it determine that changes to the policy are required, write to the board to suggest the desired amendments to the policy. I note that Standing Order 108(3)(a)(i) contemplates such a collaboration between BOIE and PROC, in that PROC can, as part of its mandate, review and report to the Speaker and the board on matters related to the administration of the House of Commons.
To conclude, whether a harassment prevention or resolution proposal comes within the jurisdiction of the board or the House, acting on the recommendation of PROC, will depend on the circumstances. Harassment prevention as a health and safety matter in the workplace will generally come within the purview of the board as an employment matter. In contrast, regulating member-to-member conduct will be a matter for PROC and the House to decide.
I will now invite the CHRO to provide additional context respecting the content of these policies and the code.