Human Resources Committee on Feb. 21st, 2018

[The Chair, Liberal, Bryan May]

I call the meeting to order. Good afternoon, everybody, and welcome.

Pursuant to the order of reference of Monday, January 29, 2018, our committee is resuming its consideration of 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.

Today, the committee will hear from federal public sector employers. We're very pleased to be joined today by Kathleen Clarkin, director of workplace policies, programs, engagement and ethics at the Treasury Board Secretariat, and Don Graham, executive director, compensation and labour relations sector at the Treasury Board Secretariat. Thank you for being here.

Next we have, from the Canada Border Services Agency, Marc Thibodeau, director general, labour relations and compensation. Welcome, sir.

Then joining us from the Royal Canadian Mounted Police, we have Assistant Commissioner Stephen White, who is the acting chief human resources officer, and Chief Superintendent Jasmin Breton, who is director general for workplace responsibility. Welcome.

Finally, from the Correctional Service of Canada, we have Nathalie Dufresne-Meek, director general, labour relations and workplace management.

Welcome to all of you.

We're going to get started right away with the Treasury Board Secretariat. I'm not sure who is going to speak.

It is Mr. Graham. You have seven minutes, sir.

[Don Graham, Executive Director, Compensation and Labour Relations Sector, Treasury Board Secretariat]

Thank you for the opportunity to appear before this committee.

I'm here with my colleague, Kathleen Clarkin. We're here to speak about the role of the Office of the Chief Human Resources Officer, the OCHRO, with respect to the current policy framework on harassment and violence in the core public administration.

For context, based on the result of the 2017 public service employee annual survey, nearly one-quarter, or 22%, of employees indicated they were victims of harassment on the job in the past two years, up from 19% in the 2014 survey. The main source of harassment was individuals with authority.

With regard to the current framework in the public service, currently organizations in the core public administration are subject to the Treasury Board policy on harassment prevention and resolution and the directive on the harassment complaint process. These instruments are aimed at preventing and resolving all forms of harassment, including personal harassment and sexual harassment, as well as abuse of authority.

Under the directive on the harassment complaint process, once a complaint is made or a manager is aware of an allegation, options for resolution include self-resolution between the affected parties, manager intervention—usually the initial discussion with employees—and informal conflict management systems. If the complaint remains unsolved, then an impartial investigator will review the allegations and determine if the complaint was founded. Where warranted, corrective or disciplinary measures may be imposed and methods of intervention to restore the well-being of the workplace can occur. If still unsatisfied with the outcome, the parties can grieve the results or apply for judicial review.

The focus of the harassment investigation is on remedies for individuals at the individual level. With respect to roles and responsibilities in relation to violence, currently central policy guidance is provided on harassment prevention and resolution. However, deputy heads are responsible to develop their own departmental policy on violence prevention.

An important note is that Bill C-65 will have significant impact on ministers' offices. The code's entire health and safety regime will apply to ministers' offices, whereas the current policies for ministers' offices does not include a regime to address harassment and violence prevention.

In addition to the provisions under the Canada Labour Code, there is an enforcement mechanism provided in the Canadian Human Rights Act for addressing individual complaints of discrimination based on 13 prohibited grounds. The Canadian Human Rights Commission would normally require that public service employees exhaust the mechanisms internal to their organizations before filing a complaint of discrimination.

In addition, there are several tools currently available to employees, who may present individual grievances to the employer for any matters affecting their terms and conditions of employment and in situations in which a provisional collective agreement has been infringed. Most collective agreements have a section that specifically refers to sexual harassment.

Organizations in the federal public service are required to have an informal conflict management system to resolve workplace disputes, which can be effective in resolving issues with respect to harassment. This has been mandatory since 2005 under the Federal Public Sector Labour Relations Act.

The values and ethics code for the public service, employee assistance programs, the federal public service workplace mental health strategy, and training offered by the Canada School of Public Service are additional resources available to employees.

As we work toward continued alignment with legislative and regulatory requirements, the Office of the Chief Human Resources Officer will work with the Canada labour program in collaboration with bargaining agents in communities of practice such as occupational health and safety committees, harassment advisers, security, and informal conflict management services to develop communication strategies and tools to assist deputies through this process.

When it comes to monitoring, the achievement of expected results by deputy heads is assessed through the management accountability framework, which is an annual assessment of management practices and performance in departments and agencies, as well as the public service employee annual survey, which aims to gain insight into employee perceptions of their workforce and workplace conditions, including their experience with harassment.

As the employer, we are taking harassment issues seriously across the public service. Senior-level governance committees are being formed across the public service and in departments to ensure we understand the issue, assess the gaps, manage the issues and have an ongoing engagement strategy to support the necessary culture change to foster a supportive and respectful workforce.

We hope this has been helpful. We thank you for the opportunity to present before you. We would be pleased to answer any questions you may have.

[The Chair, Liberal, Bryan May]

Thank you very much, Mr. Graham.

Now, from Canada Border Services Agency, we have Marc Thibodeau, director general, labour relations and compensation.

The next seven minutes are yours, sir.

[Marc Thibodeau, Director General, Labour Relations and Compensation, Canada Border Services Agency]

Good afternoon, Mr. Chair and members of the committee.

I am pleased to be here on behalf of the Canada Border Services Agency for your deliberations on Bill C-65.

As the committee is aware, the aim of Bill C-65's amendments to the Canada Labour Code is to ensure that federal workplaces are free from harassment and violence, and to provide protection for all federally regulated workers, including employees of the Canada Border Services Agency.

While Employment and Social Development Canada is responsible for the administration of the code, each department and agency is responsible for ensuring its compliance by implementing its own processes and internal accountability mechanisms.

The CBSA is a dynamic organization with a border facilitation and national security mandate. The agency employs some 14,000 individuals, both uniformed and non-uniformed, who are involved in ensuring the operation runs smoothly 24 hours a day, seven days a week.

Given our mandate and operational context, the CBSA has implemented a comprehensive code of conduct that applies to all employees. Furthermore, our front-line officers emerge from an induction and training program where the agency's values of integrity, respect, and professionalism are central.

The CBSA also has in place an integrity strategy, which is the cornerstone of the relationship between the agency and its employees, partners, and clients. The strategy outlines employees' expected behaviours as indicated in the CBSA code of conduct, as well as the values and ethics codes for the public sector, which form part of their terms and conditions of employment.

Strategy is built on three pillars. The first one is proactivity, where expected standards of conduct and disciplinary consequences for misconduct are communicated regularly, and where we investigate allegations of misconduct immediately. The second one is the “no wrong door” approach, in which our specialists guide employees toward the appropriate avenue to have their issues addressed no matter how they are brought to our attention. The third one is the motto of “no stone unturned”, in which issues are tracked and reviewed using numerous tools, such as, misconduct investigations, workplace assessments, and where necessary, criminal investigations.

That said, the agency takes all allegations of disrespectful conduct very seriously and applies a zero tolerance policy for any type of harassment. Managers at all levels are expected to foster and demonstrate integrity and ethical leadership at all times. They are all expected to identify and resolve issues, including harassment and violence in the workplace, sexual or otherwise, in an appropriate and effective manner.

The CBSA provides managers and employees with tools and resources to help them fulfill their responsibilities, including seven mandatory training courses that relate to harassment and violence prevention in the workplace.

Promoting awareness is key to ensuring that employees understand their rights, role, responsibilities and where to turn for assistance.

Bill C-65 provides government departments with another tool to prevent harassment and violence in the workplace, while supporting victims in the process, and complements the work being undertaken at the agency.

In addition to the new rights envisioned by Bill C-65, with respect to workplace harassment and sexual violence, as my colleague mentioned, employees can also file a complaint or report a situation of workplace violence under the code, proceed with a grievance in accordance with collective agreement provisions, or file a complaint with the Canadian Human Rights Commission.

The agency ensures that all employees are aware of informal processes and have access to services provided by the employee assistance program and the informal conflict management system.

To conclude, the CBSA interacts with millions of individuals and goods, with domestic and international partners, with other law enforcement organizations, and with industry stakeholders. Ensuring that we undertake this important work in an environment free of harassment and violence is paramount.

I would be happy to answer any questions the committee members may have.

Thank you.

[The Chair, Liberal, Bryan May]

Thank you, Mr. Thibodeau.

Up next we have, from the Royal Canadian Mounted Police, Acting Commissioner Stephen White, acting chief human resources officer, and Chief Superintendent Jasmin Breton, director general, workplace responsibility.

The next seven minutes is yours, sir.

[Assistant Commissioner Stephen White, Acting Chief Human Resources Officer, Royal Canadian Mounted Police]

Good afternoon, Mr. Chair, and to correct the record, it's assistant commissioner, not acting commissioner.

[The Chair, Liberal, Bryan May]

I'm sorry.

[A/Commr Stephen White]

Good afternoon, Mr. Chair, and hon. members of the committee. Thank you for the invitation to speak to you today about the impacts of Bill C-65 on the RCMP's responsibility and efforts to protect the health, safety, and well-being of all of its employees as it relates to harassment and violence in the workplace.

I am joined today by my colleague, Chief Superintendent Jasmin Breton, director general of the workplace responsibility branch, to help answer questions you have for us on the subject of Bill C-65.

Since the RCMP is an organization under the federal public administration, part II of the Canada Labour Code applies to it and to all its employees, including regular members and civilian members. As such, the RCMP has a general duty to ensure that the health and safety at work of all its employees is protected. This includes taking the prescribed steps under part XX of the Canada Occupational Health and Safety Regulations to prevent and protect RCMP employees against violence in the workplace.

The RCMP has complied with the regulated requirements of part XX, by establishing a policy on violence prevention in the workplace; establishing procedures for the reporting, resolution, investigation, and care of employees subject to violence occurrences; and developing mandatory training for all RCMP employees and supervisors on factors that contribute to workplace violence and how to mitigate them.

Many factors contribute to workplace violence, such as incivility, workplace conflicts, stress in the workplace, and harassing behaviours. As such, the RCMP provides its employees with a multitude of tools, resources, and awareness sessions to help prevent violence and harassment in the workplace. These include addressing incivility and harassing behaviours through a mandatory respectful workplace course; providing employees and managers with tools, services, and training for effectively resolving conflict at the earliest opportunity through the RCMP informal conflict management program; addressing stress in the workplace through Health Canada's employee assistance services, a robust RCMP peer-to-peer program, and a mandatory in-class “Road to Mental Readiness” course. As well, in an effort to eliminate harassment and discrimination from the workplace, the RCMP has created divisional and national gender and harassment advisory committees.

The RCMP's violence prevention policy states that: the RCMP will provide a healthy, safe, and violence-free workplace in accordance with part II of the Canada Labour Code and the Treasury Board policy on government security; and that the RCMP will not tolerate violent and abusive behaviour in the workplace and, with its employees, will promote a workplace that is free from intimidation, violence, bullying, threats of violence and other disruptive behaviours.

The RCMP has regulatory authorities currently in force through which it addresses the investigation and resolution of harassment complaints. The RCMP regulations and many of the commissioner's standing orders were amended in 2014, including establishing procedures to effectively and efficiently investigate and resolve harassment complaints. For example, the code of conduct contained in the schedule to the Royal Canadian Mounted Police Regulations, 2014, now provides that members may not engage in discrimination or harassment. As such, harassing behaviour can result in conduct measures being pursued. The Commissioner's Standing Orders (Investigation and Resolution of Harassment Complaints), and the Commissioner's Standing Orders (Conduct), which set out procedures relating to the investigation and resolution of harassment complaints could be affected by the regime proposed in Bill C-65.

One of the central elements of the recent reforms to the RCMP Act and its processes was to ensure that the decision-maker with respect to a harassment complaint was also the conduct authority with respect to the respondent to the complaint in order to ensure consistency between the findings of harassment and the conduct measures imposed.

Bill C-65 seeks to update the Canada Labour Code to consolidate violence prevention and harassment into a single regime to require employers, including the RCMP, to take the necessary steps to prevent and protect employees against harassment and violence in the workplace. The RCMP looks forward to being consulted on the drafting of the part XX regulations in order to gain a better appreciation of the impacts these changes would have on our current processes, and the role of the decision-maker and other parties in the process, including the investigator.

Based on our current knowledge of the proposed regime under Bill C-65, the RCMP feels that these changes will further help to bring positive change to preventing and addressing unwanted behaviours in our workplaces.

Thank you for the opportunity to speak to you today. We look forward to your questions.

[The Chair, Liberal, Bryan May]

Thank you very much, sir.

Finally, from the Correctional Service of Canada, we have Nathalie Dufresne-Meek, director general, labour relations and workplace management. You have seven minutes, please.

[Nathalie Dufresne-Meek, Director General, Labour Relations and Workplace Management, Correctional Service of Canada]

Mr. Chair, I would like to thank you and the honourable members of this committee for the opportunity to appear before you today on behalf of the Correctional Service of Canada, or CSC, regarding this committee's study on Bill C-65.

In my opening remarks, I will outline CSC's policies against harassment and violence in the workplace, as well as recent actions that we have taken in response to allegations of staff misconduct at Edmonton Institution.

As CSC does not often appear before this committee, I would like to offer an overview of the work we do.

CSC is responsible for administering court-imposed sentences of two years or more, including conditional release supervision. On a typical day we manage approximately 15,000 offenders within our 43 institutions across the country, in addition to more than 8,500 offenders under supervision in the community.

CSC staff, especially those who are on the front lines in operational positions, often face very challenging and stressful situations, such as violence and death. Because of the nature of this work, CSC actively encourages employees to seek assistance in dealing with personal or work-related issues that may impair their well-being.

To speak specifically on the subject of the committee's study of Bill C-65 relating to the prevention of harassment and violence in the workplace, CSC takes this issue very seriously. Harassment of any kind is unacceptable and is not tolerated.

We are committed to ensuring that CSC is free from workplace harassment and sexual violence and that it represents a safe work environment for all of our employees. CSC has established five values that employees should use to guide their behaviour and decision-making: respect, fairness, professionalism, inclusiveness, and accountability.

From a procedural perspective, CSC has a policy on violence prevention, which mirrors the Canada Occupational Health and Safety Regulations. The Treasury Board Secretariat policy on harassment prevention and resolution, and its tools, guide the complaint process we utilize. This policy is a key reinforcer of the values of integrity and trust that are the foundation of a sound organization.

All CSC employees are responsible for adhering to our standards of professional conduct and code of discipline, and management is responsible for promptly and impartially taking appropriate corrective action when necessary. All allegations, regardless of the source, are thoroughly investigated by CSC. Whenever there is evidence of misconduct, appropriate disciplinary action is taken.

CSC is committed to a strengthened values and ethics program that responds to the nature of the correctional environment and the values and ethics code for the public service, and creates a stronger values-based workplace.

CSC's values statement, which is consistent with the CSC code of discipline and standards of professional conduct, guides behaviour, decision-making, and discretionary judgment within CSC. CSC staff are expected to demonstrate the aforementioned shared reciprocal values in all their interactions with offenders, colleagues, peers, subordinates and superiors, partners, stakeholders, and the public.

CSC's office of internal disclosure provides information to employees about making disclosures related to wrongdoing in the workplace as defined by the Public Servants Disclosure Protection Act and other possible redress mechanisms. This office also convenes investigations, as appropriate, in relation to allegations of wrongdoing in the workplace, and reports publicly all founded cases of wrongdoing.

Violations of the values and ethics code for the public service are subject to administrative investigations by CSC, which, depending on the nature of the issue, may be conducted by the values and ethics branch. The majority of cases are managed at the regional or institutional level, and certain cases may be referred to national headquarters.

In recent months, allegations of staff misconduct and inappropriate culture at CSC institutions have led to disciplinary action and the implementation of measures to ensure that all employees have the respectful work environment they deserve.

I will begin with the specific actions taken in relation to Edmonton Institution, as I believe the committee had already begun discussing the situation at their last meeting. In the case of Edmonton Institution, a maximum security level men's facility, CSC contracted an investigative team to look into allegations of harassment, intimidation, bullying, and inappropriate conduct. The investigators, including some external members, determined that a number of allegations were founded. Consequently, to date six employees have been terminated as a result of their inappropriate conduct. There is currently a separate independent investigation being conducted by the Edmonton Police Service in conjunction with the RCMP regarding allegations of possible criminal activity at Edmonton Institution.

As is always the case in investigations into possible criminal charges, CSC co-operates fully with its police partners. In addition, a director of workplace renewal was appointed to support management at Edmonton Institution in implementing activities.

A number of initiatives have been introduced across CSC to ensure that all employees are treated with respect and have tools available to report inappropriate behaviour. In the coming weeks, a campaign for a respectful workplace will be launched to raise awareness of the issue as well as of the actions being taken, and to promote the resources that are available to employees—namely, a confidential tip line and generic email account that are available to all employees, through which misconduct can be reported should an employee not wish to report this behaviour directly to their supervisor or manager.

On the prevention front, resources were added to support the CSC's harassment prevention coordinators. New training and awareness tools based on real scenarios and lived experiences at CSC are being developed, while being mindful of privacy and confidentiality concerns. Furthermore, two new training courses were added to the national training standard for all CSC staff, to be completed by March 31 of this year. The first of these courses focuses on creating a respectful workplace, while the second centres on workplace violence.

Finally, on the performance management side, new expectations will be added to performance agreements for all executives, managers, and supervisors. A failure to meet these commitments will impact performance pay and reviews, and could lead to discipline when warranted.

As we monitor the outcome of these initiatives, we will continue to ensure that workplace wellness is a priority at CSC. Everyone deserves to be treated with respect by their colleagues and managers. CSC's employees have demanding jobs. Every day, they work with some of the most vulnerable and challenging individuals in our society. As such, any behaviours that detract from our ability to be positive role models for others is not acceptable. A positive and respectful workplace contributes to the success of our organization's priority towards the safety and security of the public, victims, staff and offenders, both in institutions and in the community.

Thank you for the opportunity to appear before you today, and I welcome your questions.

[The Chair, Liberal, Bryan May]

Thank you.

Thank you to all of you for your opening remarks.

We're going to the first round of questions.

Monsieur Blaney, you have six minutes.

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

Thank you very much, Mr. Chair.

Thank you all for being here today.

My first questions are for the Treasury Board representative.

Mr. Graham, I appreciate you mentioning a worrisome statistic according to which nearly one employee out of five in the federal public service claims to have been a victim of workplace harassment.

Could you tell me how many public servants are under your supervision in the core public administration?

[Don Graham]

I believe it's 185,000 that are covered by the core public administration.

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

Twenty per cent of 185,000 public servants is a pretty big number.

During your presentation, you mentioned a complaint process that the 20% of public servants can potentially use. You first try a resolution by the affected parties and the manager intervenes, and you ask agencies to implement an informal management system.

Do you have any data on the number of cases? If so, can you share it with us?

[Don Graham]

Do you mean through the informal conflict management one?

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

Yes.

[Don Graham]

We don't keep statistics on the informal conflict management system. It is that, exactly—an informal conflict management system.

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

Okay.

You mentioned that, if the informal management system failed, a complaint could be filed, and an impartial investigator would be appointed. Do you have any data on the number of investigations conducted in the federal public administration over the past year?

[Kathleen Clarkin, Director, Workplace Policies, Programs, Engagement and Ethics , Treasury Board Secretariat]

As Mr. Graham mentioned, we don't presently collect the data on this from a central agency perspective. Each department has its own policies and pieces in place, so it's hard to capture the full perspective of how many investigations may be under way.

It is important to note as well that the harassment mentioned can be a full range of types of harassment. It can range from somebody feeling pressure to complete their work on time to something like violence in other more extreme cases.

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

I understand, but those are complaints. For example, have any complaints been submitted with the Treasury Board? Does your department keep that data? Do you have records with data on the number of complaints filed?

When a complaint is filed, a process is triggered. Do you have any data on that you could share with us?

[Kathleen Clarkin]

We wouldn't have it for you today—our corporate side of things. We have more the central policy function here. However, we could certainly look at it. Treasury Board, like all other organizations, reports regularly through the management accountability framework. We try to balance our questions there with those in the public service employee survey.

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

I'm asking you questions about data because, currently, our only tool is what you have told us: in the federal public service, one out of five employees claims to have been a victim of harassment in the workplace. Is that a survey? Did the individual use various mechanisms? Did they submit a complaint?

You are also in charge of monitoring. You have to ensure that the federal public service is free of harassment. I am asking you about the tools you have in order to measure the extent and scale of the problem. The worrisome part is that, over the years, the number of employees in the federal public service claiming to have been victims of harassment has increased.

That brings me to ask you how we can monitor the drop or increase in harassment in the federal public service if you don't have statistics on the complaints filed and on the mechanisms you have implemented. How do you monitor agencies if you are asking them to implement their own informal conflict management system, but they themselves are responsible for monitoring?

Can you explain that further?

[Kathleen Clarkin]

I'm happy to say that we do not.... We don't not measure everything. The public service employee survey is, as we mentioned, a great indicator to see what's going on in departments. Through that exercise, each department will have an individual data analysis done for them, and they'll have a follow-up action plan to see what some of the higher-risk areas are.

We don't have the information for you now, but we would be able to look into past analyses of what was reported. Then each organization has different methods in place to address what's happening.

We try to drill down to give a bit more of a sense of the scope and the type. Sometimes there can be some groups that are more affected than others, so we can be more strategic in how we address that situation.

Again, we do find that the difference between the management accountability framework.... There can be wonderful activities put in place. Each department can track the number of complaints they've received.

The last few surveys found there was still a disconnect with what the employees themselves are anonymously saying on the survey. That's the gap we're trying to bridge. It's to find out why they aren't comfortable coming forward and how we can make them feel more comfortable and find the right process for them. It's just to normalize talking about it so that people feel safe and feel heard, and it's not a big heroic thing to say that this is not okay. Awareness and building empathy and civility are the areas—

[Don Graham]

Just as additional information, roughly a quarter of the people who report in the public service employee survey say that they take no action. We have about a quarter who, while they report that they have been victims of harassment in the last two years on the job, also clarify through the survey that they take no action. Of those, 45% stated that they were afraid of reprisals and 25% stated that they had concerns about the formal complaint process.

[The Chair, Liberal, Bryan May]

Thank you. I'm afraid that's the time.