Human Resources Committee on April 18th, 2018

[John Nater]

How long do you expect that consultation to take?

[Brenda Baxter]

We've envisioned a three-part consultation. There would be round tables with different stakeholders across the country. We would then follow that by a sort of WebEx session for additional input from stakeholders. We would publish a consultation paper and get written feedback from stakeholders. Based on that information, we'd have to look at whether we have sufficient information to move forward with the detailed regulations or whether we'd actually have to go out with a second round of consultations focused on the specifics of certain components of the regulations.

[The Chair, Liberal, Bryan May]

Thank you.

[John Nater]

The best case scenario is that this would happen a few years down the road then, in terms of a final regulation.

[Brenda Baxter]

The fall of 2019 is our target.

[The Chair, Liberal, Bryan May]

Thank you.

Monsieur Blaney.

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

Thank you, Mr. Chair. I only have two questions.

You have clarified that this amendment relates to investigations by the labour program; is that correct?

[Barbara Moran]

Yes.

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

Can you tell me by what process this investigation is happening and who is conducting it, please?

[Barbara Moran]

The way it's set out in the legislation is that if an employee who has brought forward a complaint to the employer about harassment and violence feels, anywhere along the process, that the process hasn't been followed by the employer—for example, the employer did not respond to the complaint, did not appoint a competent person, or anything like that—then the individual can complain to the labour program.

If they bring it to the labour program, we'll conduct an investigation. It could even be that an employee complains that the employer doesn't have a policy for harassment and violence, for example. That would be something else they could bring to us.

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

The investigation by the labour program, then, would be to ensure whether or not the process has been followed, but you would not conduct an investigation on the specifics of that case. Is that correct?

[Barbara Moran]

That's correct.

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

I tried to achieve this in my amendment CPC-4, which was unfortunately defeated in the last amendment. What you're telling me just gives me one more good reason to put in a delay, because now we have a person who has gone through a process with his employer and feels that it was flawed; now he's turning to the government, and gee, we need to have a delay to get a result.

Is it correct that you suggested that at least we could narrow this amendment to the case of harassment and violence? Did I hear you well when you suggested—it was Rachael who had spoken—that this amendment could be narrowed to harassment and violence?

[Barbara Moran]

I think it was in reference to proposed subsection 127.1(9.3) and in response to the question about whether or not our advice would be, if you were to move forward with this, to have it apply to all of part II or to narrow it to harassment and violence.

My suggestion is that you would want to consider narrowing it—

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

Yes.

[Barbara Moran]

—just because of the breadth of the various incidents that are dealt with under part II.

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

Mr. Chair, with the support of this committee I want to narrow this amendment at the end to add “for harassment and violence complaints.” I thank our expert for the explanation, but I feel....

Mr. Chair, can you imagine, when you have gone through a process with your employer, feeling so frustrated that you have to turn to the labour department? The least this person can expect is to have a reasonable delay that would be set in the regulations. Of course, they will have to figure it out, but it would be three months for sure; it might be six months. But if it's 10 years, then we have a big problem with harassment in this country and in dealing with it seriously.

With the support of other colleagues, I want to narrow this amendment to apply to harassment and violence complaints. Again I recall that we suggested that this delay be fixed by regulation and that we not fix it today.

Thank you.

[The Chair, Liberal, Bryan May]

I have a question from the clerk.

[Olivier Champagne]

I need you to be more precise and tell me exactly where you want to insert those words.

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

Actually, they could be inserted at the beginning of the amendment. Let me read it in French: “Dans le cas de plaintes de harcèlement et de violence, le ministre termine l'enquête conformément aux délais établis par règlement suivant la date à laquelle la plainte lui a été renvoyée”.

We want to ensure that, if people feel that their employer is laughing at them, at least the government will take them seriously.

[The Chair, Liberal, Bryan May]

Seeing no further discussion, all those in favour of amendment CPC-6 please signify.

(Amendment negatived [See Minutes of Proceedings])

We're on amendment LIB-8.

MP Fortier.

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

As a result of the testimony we have received, we want to strengthen the bill by proposing an amendment to make it possible for employees who previously worked for the government or elsewhere to be heard and recognized.

[The Chair, Liberal, Bryan May]

Is there any further discussion?

Monsieur Blaney.

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

Mr. Chair, I feel the need to tell you that the bill seems to have lost its teeth because some very valuable amendments have been rejected. That said, this amendment can be valuable and we are going to support it, even though we are disappointed at the government's attitude.

Thank you.

[The Chair, Liberal, Bryan May]

Thank you.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 5 as amended agreed to)

(On clause 6)

We now have amendment LIB-9.

MP Fortier, please.