HUMA Committee Report

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Committee Report

Ninth Report

Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA)

42nd Parliament, 1st Session

Study

Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1

In accordance with its Order of Reference of Monday, January 29, 2018, your Committee has considered Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, and agreed on Wednesday, April 18, 2018, to report it with the following amendments:

New Clause 0.1

That Bill C-65 be amended by adding before line 4 on page 1 the following:

“0.1 Subsection 122(1) of the Canada Labour Code is amended by adding the following in alphabetical order:

harassment and violence means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment; (harcèlement et violence)”

Clause 1

That Bill C-65, in Clause 1, be amended by replacing line 6 on page 1 with the following:

“122.1 The purpose of this Part is to prevent accidents, occurrences of harassment and violence”

Clause 3

That Bill C-65, in Clause 3, be amended by replacing line 3 on page 2 with the following:

“tions, all accidents, occurrences of harassment and vio-”

That Bill C-65, in Clause 3, be amended by replacing line 6 on page 2 with the following:

“(d) make readily available to employees, in printed and”

That Bill C-65, in Clause 3, be amended by adding after line 30 on page 2 the following:

“(z.161) ensure that employees, including those who have supervisory or managerial responsibilities, receive training in the prevention of harassment and violence in the work place and are informed of their rights and obligations under this Part in relation to harassment and violence;

(z.162) undergo training in the prevention of harassment and violence in the work place;”

That Bill C-65, in Clause 3, be amended by adding after line 35 on page 2 the following:

“(4) Except as provided for in the regulations, the obligations set out in paragraphs (1)(c) and (z.16) apply to an employer in respect of a former employee in relation to an occurrence of harassment and violence in the work place if the occurrence becomes known to the employer within three months after the day on which the former employee ceases to be employed by the employer.

(5) On application by a former employee, the Minister may, in the prescribed circumstances, extend the time period referred to in subsection (4).

(6) For the purpose of subsection (4), the Governor in Council may make regulations respecting an employer’s obligations in respect of former employees.”

Clause 5

That Bill C-65, in Clause 5, be amended

(a) by replacing line 7 on page 3 with the following:

“5 (1) Subsections 127.1(1) and (2) of the Act are replaced by”

(b) by adding after line 16 on page 3 the following:

“(1.1) However, in the case of a complaint relating to an occurrence of harassment and violence, the employee may make the complaint to the employee’s supervisor or to the person designated in the employer’s work place harassment and violence prevention policy.

(2) The employee and the supervisor or designated person, as the case may be, shall try to resolve the complaint between themselves as soon as possible.”

That Bill C-65, in Clause 5, be amended by adding after line 16 on page 3 the following:

“(1.1) The complaint may be made orally or in writing.”

That Bill C-65, in Clause 5, be amended by

(a) replacing line 22 on page 3 with the following:

“occurrence of harassment and violence, to a chairperson of”

(b) replacing line 30 on page 3 with the following:

“rence of harassment and violence, the employee and the”

That Bill C-65, in Clause 5, be amended by replacing line 31 on page 3 with the following:

“supervisor or designated person, as the case may be, failed to resolve the complaint between”

That Bill C-65, in Clause 5, be amended by

(a) replacing line 1 on page 4 with the following:

“harassment and violence and the Minister is of the opinion”

(b) replacing line 13 on page 4 with the following:

“complaint relating to an occurrence of harassment and vio-”

That Bill C-65, in Clause 5, be amended by adding after line 17 on page 4 the following:

“(5) Section 127.1 of the Act is amended by adding the following after subsection (11):

(12) A former employee may, within the prescribed time, make a complaint under subsection (1) relating to an occurrence of harassment and violence in the work place, in which case this Part applies to the former employee and to the employer as if the former employee were an employee, to the extent necessary to finally dispose of the complaint.

(13) On application by a former employee, the Minister may, in the prescribed circumstances, extend the time period referred to in subsection (12).”

Clause 6

That Bill C-65, in Clause 6, be amended by replacing line 23 on page 4 with the following:

“of harassment and violence in the work place.”

Clause 7

That Bill C-65, in Clause 7, be amended by replacing line 8 on page 5 with the following:

“rence of harassment and violence in the work place.”

Clause 8

That Bill C-65, in Clause 8, be amended by replacing line 15 on page 5 with the following:

“who was involved in an occurrence of harassment and vio-”

Clause 10

That Bill C-65, in Clause 10, be amended by replacing line 36 on page 5 with the following:

“an occurrence of harassment and violence in the work”

Clause 11

That Bill C-65, in Clause 11, be amended by replacing line 7 on page 6 with the following:

“volved in an occurrence of harassment and violence in the”

New Clause 11.1

That Bill C-65 be amended by adding after line 16 on page 6 the following:

“11.1 The Act is amended by adding the following after section 139:

139.1 The Minister shall prepare and publish an annual report that contains statistical data relating to harassment and violence in work places to which this Part applies. The report shall not contain any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence.

139.2 (1) Five years after the day on which this section comes into force and every five years after that, the Minister shall commence a review of the provisions of this Part relating to harassment and violence. At the conclusion of the review, the Minister shall prepare a report on the review.

(2) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.”

Clause 20

That Bill C-65, in Clause 20, be amended by replacing line 8 on page 9 with the following:

“20 (1) Sections 0.1 to 16 and 18 come into force on a”

Clause 21

That Bill C-65, in Clause 21, be amended by adding after line 37 on page 11 the following:

“88.01 (1) For the purposes of this Part, the Deputy Minister of Labour shall exercise the powers and perform the duties and functions of the Minister of Labour under this Part and under Part II of the Canada Labour Code involving a member of the Senate or their staff or a member of the House of Commons or their employees.

(2) If the Deputy Minister of Labour exercises the powers or performs the duties and functions set out in section 88.3 or paragraph 88.4(b), he or she shall provide the direction referred to in that section or that paragraph to the Speaker of the Senate or the Speaker of the House of Commons, or both, who shall each table the direction in the House over which he or she presides.”

That Bill C-65, in Clause 21, be amended by adding after line 33 on page 13 the following:

“88.7 The Board shall, as soon as possible after the end of each year, submit a report for that year on its activities under this Part and under Part II of the Canada Labour Code, as it applies to employers and employees, to the Minister designated as the Minister for the purposes of the Federal Public Sector Labour Relations and Employment Board Act. The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.

88.8 (1) Five years after the day on which this Part comes into force and every five years after that, the Minister designated as the Minister for the purposes of this Act shall commence a review of the application, in relation to harassment and violence, of the provisions of this Part. At the conclusion of the review, the Minister shall prepare a report on the review.

(2) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.”

Your Committee has ordered a reprint of Bill C-65, as amended, as a working copy for the use of the House of Commons at the report stage.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 82, 84 to 92 and 94 to 98) is tabled.