Thank you very much, Chair.
On behalf of the over three million members of the Canadian Labour Congress, we thank you for affording us the opportunity to present our views on this bill.
The Canadian Labour Congress brings together Canada's national and international unions, along with provincial and territorial federations, as well as over 100 district labour councils, whose members work in virtually all sectors in the Canadian economy in all occupations and in all parts of Canada.
The CLC supports the intention of this bill. Recognizing sexual violence and sexual harassment as workplace hazards and applying a health and safety approach will make workplaces safer. Moving sexual harassment into part II of the code will provide protection for more workers than are currently covered by part III.
We applaud extending health and safety protections to workers on Parliament Hill through the proposed amendments to PESRA.
We do have concerns, however, with parts of this bill. We are concerned that the legislation does not include a definition of “sexual harassment” or “violence”. We're also concerned about the proposal to limit the role of workplace health and safety committees. We must ensure that there are enough health and safety officers in the federal sector, that they reflect the diversity of the country, and that they receive appropriate training.
With respect to definitions, we are concerned that this bill does not include a definition of “violence” or “harassment”, including “sexual harassment”. While the narrative of the bill has been about sexual harassment, the legislation does not make the distinction between sexual harassment and all other forms of harassment and violence. It does not reflect that harassment and violence can be a single incident or a pattern of behaviour, and that a one-size-fits-all approach does not work. We support a broad definition that captures the full scope of harassment and violence.
With respect to the role of the committees, violence at work is a health and safety issue. Applying a health and safety approach to sexual harassment and sexual violence can help make Canadian workplaces safer. The most proven tool in the health and safety tool box is an effective health and safety committee. Limiting the role of committees, the way this bill does, will also limit its benefits and will have a negative, unintended consequence.
In Canada health and safety law requires consultation and participation by health and safety committees. Prohibiting committees from receiving complaints and participating in investigations as appropriate undermines the foundation and will result in less safe workplaces in the federal sector. Section 127 of the code provides the process for resolving all health and safety complaints. After reporting an issue to a supervisor, the employee along with the supervisor shall try to resolve the complaint between themselves. After that, the employee or the supervisor may refer an unresolved complaint to a chairperson of the committee, to be investigated jointly. The word “may” is deliberate; a worker can choose not to refer their complaint to the committee.
The proposed changes will leave workers with limited options if they feel that their complaint is not being addressed. If the only recourse is to file a complaint with a federal inspector, workers may feel pressured to be loyal or to avoid embarrassing their employer, or they may feel uncertain about engaging in this external compliance process. Being able to refer an unresolved complaint to their workplace committee, if they choose to, is important to workers experiencing harassment or violence.
Violence and harassment are not experienced in the same way by all workers. Other forms of discriminatory harassment intersect with gender-based and sexual harassment and make some workers more vulnerable as well. Ensuring workers' confidence that their privacy will be protected is a very important factor to encourage reporting. We are recommending some amendments to build confidence in those privacy protections.
Another barrier to reporting is the fear of reprisals. We know that people fear that reporting will be a career killer. The changes in this bill will put some workers at risk of discipline from their employer for talking to their health and safety committee. Removing the option for a worker to refer their complaint to their workplace committee will leave vulnerable workers without a trusted source of help.
These concerns are amplified, because the bill is silent on a reporting process when the accused is the employer. We know that the intention is to address this through regulation, but it remains a gap.
The code also includes mechanisms for health and safety committees to participate in investigations as they deem appropriate. The code does not require health and safety committees to lead all investigations. It is common for investigations to be conducted by a competent person, as outlined in part XX of the regulations. Health and safety committees have a role to play in identifying the competent person and ensuring that they are qualified and impartial to the satisfaction of the complainant. They have a role to play in determining the essential component of an investigation. In some cases it is appropriate for the committee to conduct the investigation itself.
There has also been a persistent decline in the number of health and safety officers in the federal sector over the last decade. We must ensure that a sufficient number of officers is hired and that the officers receive appropriate training. The inspectorate must reflect a diversity of workers in Canada with respect to gender and gender identity, sexual orientation, indigenous and racialized communities, and persons with disabilities. The recruitment strategy should reflect this.
I want to thank you for listening, and I welcome any questions you may have.