Investigations, especially those into sexual harassment, must be conducted by investigators who subscribe to a code of conduct and ethics. Our amendment NDP-14 proposes providing policy committees with a code of ethics covering the activities for which they are responsible. According to the internal policies set by employers, the activities of the policy committees can cover receiving complaints on workplace harassment and violence.

4:25 p.m.

Liberal

The Chair Liberal Bryan May

Is there any further discussion?

(Amendment negatived [See Minutes of Proceedings])

(Clause 6 as amended agreed to)

(On clause 7)

We now have NDP-15.

Is there discussion?

4:25 p.m.

NDP

Karine Trudel NDP Jonquière, QC

Amendment NDP-14 reflected a request by the Confédération des syndicats nationaux and the Ordre des conseillers en ressources humaines agréés du Canada. The intent was to provide health and safety policy committees with a code of ethics. Amendment NDP-15 is propsing exactly the same thing, but for local health and safety committees.

4:25 p.m.

Liberal

The Chair Liberal Bryan May

MP Damoff.

4:25 p.m.

Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

I'm not exactly clear why this is needed. It would seem that the policy committee could determine their own procedures. I'm not clear on the benefit that this provides; within a workplace the committee does its own code of ethics.

4:30 p.m.

Liberal

The Chair Liberal Bryan May

Is there any further discussion?

(Amendment negatived [See Minutes of Proceedings])

We go on to amendment NDP-16.

Just as a note, if it is adopted, amendments NDP-17 and LIB-10 could not be moved, given that there is a line conflict.

MP Trudel.

4:30 p.m.

NDP

Karine Trudel NDP Jonquière, QC

I will withdraw amendment NDP-16.

4:30 p.m.

Liberal

The Chair Liberal Bryan May

The amendment is withdrawn.

We are on amendment NDP-17. Again, if it is adopted, amendment LIB-10 cannot be moved, as there would be a line conflict.

Is there discussion?

MP Trudel.

4:30 p.m.

NDP

Karine Trudel NDP Jonquière, QC

This amendment is intended to re-establish the participation of local health and safety committees in investigations of harassment and violence in the workplace, a role that they are playing very well today through the work of professional people and recognized techniques.

4:30 p.m.

Liberal

The Chair Liberal Bryan May

Is there further discussion?

Mr. Blaney.

4:30 p.m.

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

A number of witnesses have told us that, when cases of harassment occur in a unionized workplace, those who feel victimized can have access to additional resources if they wish. To the extent that the bill is intended to provide complainants with as many resources as possible, this is a constructive proposal and we are going to support it.

We have to remember that cases of harassment occur in any given environment. It is important for us as lawmakers to make sure that, if those who feel victimized feel they need support, they can get it.

4:30 p.m.

Liberal

The Chair Liberal Bryan May

Thank you.

Is there further discussion?

MP Harder, please.

4:30 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Thank you.

To my colleague's point, I do believe it's important that when an individual comes forward with a complaint or a concern, they be given the adequate level of support required. I wonder if a friendly amendment would be accepted that might strengthen this so that all parties could agree to it.

At the end, where it says, “participate in an investigation...relating to an occurrence of harassment or violence in the work place”, it could continue to say, “unless the employee making the complaint requests the workplace committee participate”.

What this would do is to free up the person who is making the complaint to have the additional support should they want it, but then they don't have to take it, which would maximize freedom.

4:30 p.m.

Liberal

The Chair Liberal Bryan May

Okay.

MP Damoff.

4:30 p.m.

Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

There's nothing in the legislation that precludes an employee from going to their health and safety committee at any time if they want support. If there were two employees involved in a complaint and one did want it to go forward to a committee and one didn't, this legislation would hamstring it. For the reasons we gave previously about the challenges of privacy with health and safety committees, I don't think it would add to the support for employees who've experienced harassment or violence, and it could actually put them at a disadvantage when coming forward. As the officials said before, there may be a concern, especially if it were a....

I'll leave it at that.

4:30 p.m.

Liberal

The Chair Liberal Bryan May

Thank you.

Is there further discussion? Seeing none, all those in favour of NDP—

4:35 p.m.

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Chair, I think we need to vote on the subamendment.

4:35 p.m.

Liberal

The Chair Liberal Bryan May

Oh, I beg your pardon.

All those in favour of the subamendment to NDP-17?

(Subamendment negatived)

(Amendment negatived [See Minutes of Proceedings])

On LIB-10, is there discussion?

Madam Fortier.

4:35 p.m.

Liberal

Mona Fortier Liberal Ottawa—Vanier, ON

Again, the next two are to align with the first amendment that we made.

4:35 p.m.

Liberal

The Chair Liberal Bryan May

Okay. We'll have to deal with them separately here because we have a different clause.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 7 as amended agreed to)

(On clause 8)

On LIB-11, I believe this is simply, once again, just for consistency and grammar.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 8 as amended agreed to)

(Clause 9 agreed to)

(On clause 10)

On NDP-18, just to note, if adopted, LIB-12 cannot be moved as it would be considered a line conflict.

Madam Trudel.

April 18th, 2018 / 4:35 p.m.

NDP

Karine Trudel NDP Jonquière, QC

This amendment is similar to amendment NDP-17, which sought to ensure that work place and policy committees are once again able to participate in investigations. The amendment before us seeks to ensure that occupational health and safety representatives are able to participate again. Those representatives should not be excluded from the investigation process either.

The amendment seeks to enable those representatives, just like the workplace committees, to continue to participate in investigations on incidents of harassment and violence in the workplace. They already successfully fulfill this role today. Their expertise cannot be ignored in the name of confidentiality. That makes no sense to us.

4:35 p.m.

Liberal

The Chair Liberal Bryan May

Thank you.

MP Blaney.

4:35 p.m.

Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

We have heard a number of witnesses from various organizations insist that this provision be included in the bill. There are clear reasons for that. Based on a number of presentations I have heard, my understanding is that unionized employees who feel that they were victims of harassment can either go through the union, by filing a grievance, or use the procedure set out in the existing legislation.

The objective is always to protect those who want to file a complaint and to provide them with tools so that they don't feel crushed by the employer. We want them to have the choice to call on the representatives. If they decide to do so, it will be their choice. In this case, it is not possible to invoke privacy protection.

My fear is that the government officials may say that it is not clear whether the person can do this or not. That's exactly what I call a legal vacuum. Our role is to ensure that the complainants are protected by the legislation. In this case, the idea is to give them the opportunity to call on their representatives.

We are therefore going to support this amendment.