Thank you for the opportunity to come and speak to you today on behalf of HRSDC and the labour program.
The labour program administers the Canada Labour Code, which covers labour relations, which is part I, occupational health and safety, which is part II, and labour standards, which is part III, for federally regulated, private sector employers. For part II, it's important to note that we have extended jurisdiction and we also cover the federal public sector, while for parts I and III we do not.
Today I want to focus my opening remarks on how occupational health and safety regulations and labour standards obligations address sexual harassment concerns in the workplace. Both occupational health and safety and labour standard obligations are a shared responsibility between the labour program and employers. That's an important point.
The labour program sets the legislative and regulatory framework for employer policies. We educate workplace parties, and we enforce the Canada Labour Code requirements via inspections and handling of complaints. Employers are responsible for complying with the requirements of the code and for administering workplace policy. In this case it's the policies that address violence in the workplace and sexual harassment. This includes investigating and responding to incidents of violence in the workplace, as well as allegations of sexual harassment.
With regard to occupational health and safety, the Canada occupational health and safety regulations, which were introduced in 2008, establish a regulatory framework for violence prevention in the workplace. They apply to federally regulated workplaces, including the federal public sector. In the case of the federal public service, the Treasury Board policy on harassment prevention and resolution incorporates these regulations by reference. I understand that Treasury Board witnesses were in front of the committee last week, so I know you've heard from them about their policy.
Workplace violence is defined as “any action, conduct, threat or gesture of a person towards an employee in their workplace that can reasonably be expected to cause harm, injury or illness to that employee”. While this policy requirement has a broader application to address bullying and other types of aggressive behaviour in the workplace, it can also be applied to sexual harassment toward an employee.
In establishing a violence prevention program, an employer must consult with it's workplace health and safety committee, which comprises employee representatives, and assess the workplace to determine the potential workplace violence issues. The workplace violence program does not need to address sexual harassment specifically and focuses more broadly on all forms of workplace violence.
In addition, each employer must develop and post a workplace violence prevention policy. This should include a commitment to providing a violence-free workplace and a statement that bullying, teasing, and abuse and other aggressive behaviour will not be tolerated; an indication that the employer will share any information concerning the factors that contribute to workplace violence; assistance for employees who've been exposed to workplace violence; and finally, procedures to follow should an employee be subject to workplace violence.
Employees also have a responsibility in creating and sustaining a violence-free workplace. They're to report cases of violence to the employer, who's responsible for recording and investigating the act of violence. It goes without saying that they must abstain from violence or be subject to disciplinary actions.
It's important to know that part II of the code does not require employers to inform the labour program of any employee complaints of violence in the workplace, including sexual harassment. They're responsible for dealing with any such complaint, and should employees not be satisfied with the results of the employer's investigation, then they can file a complaint with the Canadian Human Rights Commission, which I understand also presented in front of the committee last week.
I'll now turn to part III of the code, which establishes an employee's right to employment free of sexual harassment and requires employers to prevent sexual harassment in the workplace. This applies to federally regulated workplaces, but does not cover the public sector.
In comparison with the federal public service, federally regulated workplaces are required to have a policy that addresses sexual harassment specifically, while the Treasury Board policy on harassment prevention and resolution addresses all types of harassment.
The code defines “sexual harassment” as: any conduct, comment, gesture or contact of a sexual nature(a) that is likely to cause offence or humiliation to any employee; or (b) that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.
Every employer, after consulting with employees and their representatives, must issue and post a policy on sexual harassment. The policy must contain the definition of “sexual harassment”, a statement entitling employees to employment free of sexual harassment, a statement specifying the employee will make every reasonable effort to prevent sexual harassment, a statement confirming that the employee will take appropriate disciplinary measures against any person who subjects any employee to sexual harassment, a statement explaining how complaints of sexual harassment may be brought to the employer's attention, a confidentiality statement, and a statement informing employees of their rights to seek redress under the discriminatory practices provisions of the Canadian Human Rights Act.
The compliance activities under the code with respect to both sexual harassment and violence prevention in the workplace range from proactive counselling and inspections to reactive investigations of employees' complaints, and finally, as a last recourse, to prosecutions.
The labour program utilizes inspections as one of the program activities to ensure employers' compliance. In cases where violations are noted by the inspector, employees are encouraged to voluntarily comply through education and counselling.
Under part II of the code, a labour program officer may direct an employer to comply with the regulatory requirements for a violence prevention program. In accordance with provisions of part II of the code, an employee may submit a complaint to their employer using the internal complaint resolution process, which promotes the internal resolution of complaints by the workplace parties. Only unresolved issues with respect to the implementation of the violence prevention program would be reported to the labour program for investigation.
Under part III of the code, an employee may file a complaint with the labour program alleging that the employer has not developed or posted a sexual harassment policy in the workplace. The complaint would be investigated and all attempts would be made to educate and counsel the employer with the goal of obtaining voluntary compliance.
Under both parts II and III of the code, individual complaints of sexual harassment are referred to the Canadian Human Rights Commission to be addressed under the discriminatory practices provisions of the Canadian Human Rights Act, as they are the primary authority to address discrimination in the workplace.
The labour program has received some complaints where employers were not compliant with the violence prevention regulations and sexual harassment provisions of the code. These mostly related to the lack of policies, and in all cases, employers were able to correct the situation and comply with the code.
Over the last five years, from 2007 to 2012, the labour program received only two complaints with respect to sexual harassment provisions under part III of the code, and both complaints were unfounded.
In conclusion, the labour program strives to create Canadian workplaces where trust and respect for everyone are the norm. We're committed to protecting the fundamental right of workers and employers to work in an environment that is safe and free of violence and sexual harassment.
