Madam Speaker, I would like to thank the member for Mission—Matsqui—Fraser Canyon for his speech.
[Member spoke in Cree]
[Translation]
I am very proud to be here today.
As leaders at all levels of society, as leaders in all organizations, as leaders in our communities, we have an individual and collective responsibility to ensure a harassment- and violence-free workplace. Too many women and men suffer harassment and violence in the workplace, and no one should be exempt.
I am also extremely proud to have the opportunity to talk about Bill C-65, which amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Budget Implementation Act, 2017, No. 1, to eradicate harassment and violence from federally regulated workplaces, including the federal public service and parliamentary workplaces.
Bill C-65 draws on existing Canada Labour Code provisions pertaining to violence and sexual harassment to design a comprehensive approach that covers all forms of violence and harassment, from bullying and teasing to sexual harassment and physical violence.
This bill also applies to all health and safety protections, including measures relating to harassment and violence in parliamentary workplaces, such as the Senate, the Library of Parliament and the House of Commons, and to political staff working on Parliament Hill.
There are currently two separate regimes in place to deal with issues of violence and sexual harassment under the Canada Labour Code. They each have their own requirements and mechanisms for settling disputes, which creates an imbalance in how these matters are dealt with.
The current regimes do not apply to the same workplaces. Current sexual harassment rules only apply in the federally regulated private sector and most Crown corporations, whereas rules pertaining to violence also apply to the federal public service. Neither framework applies to parliamentary employees.
Bill C-65 would create a single, integrated regime to protect all federally regulated employees against harassment and violence in the workplace. As part of the Government of Canada's strategy to combat gender-based violence, the bill proposes a new framework that will prevent incidents of harassment and violence from occurring, respond effectively to these incidents when they do occur and support victims of harassment and violence while also protecting their privacy. Protecting victims' privacy is extremely important.
More specifically, Bill C-65 would amend the Canada Labour Code to expand the existing violence prevention requirements in part II of the Canada Labour Code, which deals with occupational health and safety; ensure that employers take preventive action and protect employees from harassment and violence at work; and repeal the existing sexual harassment provisions in part III of the code, which deals with labour standards, to create a single integrated regime to protect federally regulated employees under part II of the code.
Furthermore, the bill would amend the Canada Labour Code to require employers, through the regulatory framework and the corresponding regulations, to prevent harassment and violence. This includes ensuring that employees receive training, or even that they take the initiative themselves, and working with employees to develop a harassment and violence prevention policy.
The bill would also require employers to respond to incidents of harassment and violence, within a specified time frame; resolve the complaint and, if a resolution is not possible, designate a competent person to conduct investigations; inform the complainant and, in accordance with privacy measures, update the workplace committee on the investigation; implement the recommendations resulting from the investigation; and record and report all incidents of harassment and violence.
The bill would require employers to support employees who are victims of harassment and violence, as well as protect their privacy, which includes providing assistance and giving access to the workplace committees.
The bill will repeal the sections of the Canada Labour Code that permit exemptions to the establishment of a workplace committee, and will only allow exemptions when there is already a committee with the same health and safety responsibilities. It will broaden the scope of part II of the code to include staff of ministers' offices, who are also known as exempt staff.
The amendments to the Parliamentary Employment Staff Relations Act are extremely important. Bill C-65 would enact part III of the Parliamentary Employment and Staff Relations Act, which incorporates by reference part II of the code. The act applies to parliamentary employers and employees, without limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members.
More specifically, Bill C-65 would amend the act in order to incorporate by reference the provisions concerning workplace health and safety found in part II of the code with certain changes. First, the Deputy Minister of Labour will exercise the powers and perform the duties and functions of the minister when a member of the Senate or House of Commons is involved. Furthermore, the application of all directions and any appeals of these directions will be undertaken when they are tabled in the House of Commons or the Senate, or both. Appeals of these directions will be referred to the Federal Public Sector Labour Relations and Employment Board.
The bill would amend the act to ensure the protection of parliamentary privileges by stating that all powers, privileges and immunities conferred or imposed may be exercised as long as they do not interfere, directly or indirectly, with the business of the House of Commons or the Senate.
Bill C-65 would require annual reporting and a five-year review, which is also appreciated. More specifically, the bill's proposed amendments will require: the Minister of Labour to prepare and publish an annual report that contains statistical data relating to harassment and violence in federally regulated workplaces, including parliamentary workplaces; that the harassment and violence provisions introduced in the Canada Labour Code and the Parliamentary Employment and Staff Relations Act by Bill C-65 be reviewed five years after coming into force and every five years after that and that the responsible minister prepare and table reports on these reviews in every House of Parliament; and that the federal Public Service Labour Relations and Employment Board submit an annual report on its activities under part III of the PESRA and part II of the code as it applies to parliamentary workplaces and that the responsible minister table the report in each of the House of Parliament.
There are 10 Senate amendments of which four will be accepted by the government, one is to be amended and five rejected.
The amendments that are to be accepted will strengthen the legislation to prevent workplace violence or harassment. They are: amendment 3, which will provide greater certainty to those who experience workplace violence and harassment by explicitly stating that nothing in this part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act; amendment 5(b), which replaces the term “trivial, frivolous, or vexatious” with the term “abuse of process” so as to eliminate negative associations regarding coming forward with complaint; amendment 6 so that the annual report prepared by the minister regarding incidents of workplace harassment and violence includes information that is categorized according to the prohibited grounds of discrimination under the Canadian Human Rights Act; and amendment 7(a), which will provide greater certainty to those coming forward with complaints, including complaints outside of harassment and violence, that Bill C-65 would not limit one's ability to take a case to the Canadian Human Rights Commission.
Amendment 4 is to be accepted with amendments. The suggestion from the Senate is to add two paragraphs to clause 3 of the bill. We are rejecting these two amendments and renaming them. The addition of these names aligns with the intent of Bill C-65 regarding the training of designated persons to whom complaints can be made.
The government respectfully disagrees with amendment 1. Replacing the word “means” with “includes” would result in a lack of clarity for both employers and employees.
The government respectfully disagrees with amendment 2. In focusing on harassment and violence, it would create an imbalance relative to all of the other occupational health and safety measures under part II of the Canada Labour Code.
We propose that the paragraph from amendment 4 be deleted because the addition of the proposed paragraph would mean that a single incident of harassment and violence in a workplace would be considered a violation of the Canada Labour Code on the part of the employer, which would undermine the framework for addressing harassment and violence that Bill C-65 seeks to establish.