Humaniqa HR Blog

Bill C-65: Canada Labour Code’s New Harassment Framework March 14 2018

Purpose: The purpose of the HR Minute is to provide clients with timely information about human resources issues. Please take a moment to read this important information.

Introduced in November 2017, the federal government is currently reviewing Bill C-65, which, if passed into law, would present some important amendments to the Canada Labour Code’s standards and process around workplace violence and harassment, including sexual harassment and violence.

Bill C-65 would also ensure the application of those same provisions to parliamentary and political staff, governed by the Parliamentary Employment and Staff Relations Act (“PESRA”).

Proposed Changes to the Canada Labour Code

If passed, Bill C-65 would expand a number of provisions in Part II, Occupational Health and Safety. Some of the proposed changes include:

  • New federal regulations surrounding the obligation for federal employers to take measures against and respond to harassment in the workplace. Employers would be required to investigate, record, and report all “accidents, occurrences of harassment or violence, occupational illnesses and other hazardous occurrences known to the employer.”
  • The inclusion of “psychological injuries” and “psychological illnesses” as consequences of abuse, instead of focusing on physical injury.
  • A new complaint reporting structure that would forward unresolved harassment or violence complaints directly to the attention of the Minister of Employment for investigation.
  • New rules and guidelines regarding the complainant’s right to privacy; specifically, which employer agents are able to participate in an investigation without the employee’s explicit consent.

Proposed Changes to the Parliamentary Employment and Staff Relations Act

Presently, no legislative occupational health and safety standards apply to employees of the House of Commons, the Senate, the Library of Parliament, the Parliamentary Protective Service, or the Parliamentary Budget Officer. Bill C-65 would expressly provide for the application of the majority of the Code’s Occupational Health and Safety provisions to those employees and individuals who are not employees but are performing activities, the primary purpose of which is to enable the person to acquire knowledge and experience.

Takeaways

Being that this is a federal amendment, it applies chiefly to employees working in the public sector. However, the bill will likely serve as a valuable guide for employers of all jurisdictions.

Federally-regulated employers, including those covered by the PESRA, should consider whether Bill C-65’s proposed changes require an examination or revision of current policies and practices on workplace violence or harassment.

As of the time of writing, Bill C-65 is currently being read in committee and could be subject to further amendment. We will continue to report on this story as it develops; keep an eye on our website for updates.

Date: March, 2018

 

 


Another Shocking Instance of Violence in a Canadian Workplace May 28 2014

The alarming news out of Nanaimo, British Columbia is that a shotgun-toting man who walked into a sawmill earlier this week and opened fire, shooting four employees (two of them fatally), is a former employee of the sawmill.

This news comes less than one month after a former employee of a human resources software firm walked into a Toronto office building wielding a knife and proceeded to attack his former co-workers, stabbing four of them.

These horrifying instances serve as sobering reminders of the need for Canadian organizations to ensure that they have sound policies and procedures in place related to the prevention of workplace violence, and that employees are well-trained on them.

You may in fact have a legislative requirement to do so.  Many Canadian jurisdictions – including Alberta, British Columbia, Saskatchewan, Manitoba, Ontario, Newfoundland and Labrador, Prince Edward Island, and those regulated by the Canada Labour Code – have regulations specific to the prevention of violence in the workplace.  Even where there is not specific workplace prevention legislation in place, all Canadian jurisdictions have occupational health and safety legislation that includes a provision requiring employers to generally protect the health and safety of employees, which could apply to circumstances of workplace violence.

Let Humaniqa help you put policies and practices into place to meet your legislated obligations, and better ensure a safe working environment for your employees.

 

About the Author:

Ehren Baldauf, CHRP, is the Vice President of Humaniqa.com, a national comprehensive web-based business solution that supports small and medium businesses in managing their human resources. Ehren is a Senior Human Resources Consultant with over nine years of HR experience. Ehren is experienced in assisting clients in both the private and public sectors manage their human resources function and aligning it with their organizations’ strategic objectives. Whether it’s providing expert advice on matters such as attendance or performance management, developing compensation strategies, or working with employers on labour relations matters such as collective bargaining, Ehren’s expertise and guidance has allowed countless business owners and managers to focus more of their energy on their business, while knowing that they are well supported when HR challenges are encountered.