Evidence of meeting #82 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was process.
A video is available from Parliament.
5:20 p.m.
Liberal
Julie Dabrusin Liberal Toronto—Danforth, ON
Within the context of the regulations, can they take into account intersectionalities and the like?
5:20 p.m.
Director General, Strategic Policy, Analysis and Workplace, Labour Program, Department of Employment and Social Development
Yes.
5:20 p.m.
Conservative
Rachael Thomas Conservative Lethbridge, AB
Thank you.
Ms. Moran, I'm wondering if you or anyone in the department has ever briefed the minister on an investigation with regard to an occupational health and safety matter.
5:20 p.m.
Director General, Strategic Policy, Analysis and Workplace, Labour Program, Department of Employment and Social Development
I can say that I haven't. I work in policy, and I'm not involved in the operations. I'm afraid I can't speak for my colleagues.
5:20 p.m.
Conservative
Rachael Thomas Conservative Lethbridge, AB
Have any of you ever briefed the minister on anything having to do with health and safety?
5:25 p.m.
Director General, Workplace Directorate, Labour Program, Department of Employment and Social Development
I've briefed the minister on issues of health and safety, but from a broader operational policy perspective.
5:25 p.m.
Conservative
Rachael Thomas Conservative Lethbridge, AB
Would there ever be a time when the minister would be briefed on a matter or a complaint that could come forward under Bill C-65, within this legislation, having to do with an assault or mistreatment on the Hill?
5:25 p.m.
Director General, Portfolio and Government Affairs, Public Services and Procurement Canada
The minister would be briefed only if the issue was brought to the department of labour. After seeking a voluntary compliance, if that did not work, then the minister would be involved and would issue a direction.
5:25 p.m.
Director General, Portfolio and Government Affairs, Public Services and Procurement Canada
It's ramping up to that point.
5:25 p.m.
Conservative
Rachael Thomas Conservative Lethbridge, AB
What happens if the complaint comes from a staff member of the minister, and compliance is not met within the minister's office? In this case, it would have to make its way to the minister for a decision as to whether or not to tell the Speaker of the House and perhaps eventually table that MP's name in the House of Commons. Am I correct?
5:25 p.m.
Director General, Portfolio and Government Affairs, Public Services and Procurement Canada
Are you talking about the minister of labour herself, or any minister?
5:25 p.m.
Conservative
Rachael Thomas Conservative Lethbridge, AB
I'm talking about the minister of labour. When a staff member has a concern, and that concern is brought forward, it gets to a point where it's up to the minister to go to the House and tell the Speaker that the process has not been followed. The member of Parliament, who in this case is the minister, can actually have her name tabled in the House of Commons. Is there a process in place to deal with this in a different way when the employee works for the minister?
5:25 p.m.
Director General, Portfolio and Government Affairs, Public Services and Procurement Canada
I'll defer to my colleague on this one.
5:25 p.m.
Director General, Strategic Policy, Analysis and Workplace, Labour Program, Department of Employment and Social Development
My understanding is that in a case involving the minister of labour herself she would avoid the conflict of interest by asking her deputy minister to step in. In my view, the deputy minister would play a role in ensuring the process was followed, in order to respect parliamentary privilege and inform the Speaker.
5:25 p.m.
Conservative
Rachael Thomas Conservative Lethbridge, AB
Would it make sense to put that in the legislation instead of its just being your understanding?
5:25 p.m.
Director General, Workplace Directorate, Labour Program, Department of Employment and Social Development
I think we have to consider that there are other workplaces where the aggressor may be the employer. Through the regulatory system, we have to look at putting in place a process to ensure that in every workplace under this legislation, if the aggressor is the employer, there is some workaround that will allow the individuals coming forward to follow the process through to a fair resolution.
5:25 p.m.
Conservative
Rachael Thomas Conservative Lethbridge, AB
My concern is this: we have an opportunity to put forward some really great legislation, but this a glaring omission to me. I'm wondering how we protect those who work for the minister, regardless of who that minister is—the minister now, the minister in 10 years, or the minister in 20 years. No matter the party in power, how do we make sure the employees of the minister have a reporting mechanism in place?
5:25 p.m.
Liberal
The Chair Liberal Bryan May
I'm afraid that's time, and I do need to get to MP Trudel for the final word.
You only have about one minute, I'm afraid, but go ahead.
5:25 p.m.
NDP
Karine Trudel NDP Jonquière, QC
Thank you. I'll be quick.
My understanding is that parliamentary employees will have the right to refuse to work if they consider their working conditions to be dangerous or feel they are being harassed. Is that correct?
As I understand part II of the Canada Labour Code, they have the right to refuse to work if they are the victims of violence or harassment.
Will measures for those employees be introduced, for instance, if they are pulled from the workplace or refuse to work? I am referring to things like paid leave while an investigation is ongoing or relocation to another workstation.
5:30 p.m.
Director General, Strategic Policy, Analysis and Workplace, Labour Program, Department of Employment and Social Development
Currently under the code, in a refusal-to-work situation, it goes to whether or not there's an imminent danger. What the code includes is a definition of what is intended by an imminent danger. The bar is quite high, so for it to be a refusal-of-work situation, there truly has to be something that meets this bar of imminent danger.