Part 1 of this enactment amends the Canada Labour Code to strengthen the existing framework for the prevention of harassment and violence, including sexual harassment and sexual violence, in the work place.

Part 2 amends Part III of the Parliamentary Employment and Staff Relations Act with respect to the application of Part II of the Canada Labour Code 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.

Part 3 amends a transitional provision in the Budget Implementation Act, 2017, No. 1.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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)

Prevention of accidents, injuries and illnesses

122.‍1 The purpose of this Part is to prevent accidents, occurrences of harassment and violence and physical or psychological injuries and illnesses arising out of, linked with or occurring in the course of employment to which this Part applies.

Persons appointed and their employer

(2.‍1) This Part applies to persons appointed under subsection 128(1) of the Public Service Employment Act, other than persons appointed by a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, and to their employer.

Canadian Human Rights Act

123.‍1 For greater certainty, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act.

• (c) except as provided for in the regulations, investigate, record and report, in accordance with the regulations, all accidents, occurrences of harassment and violence, occupational illnesses and other hazardous occurrences known to the employer;

• (d) make readily available to employees, in printed and electronic form,

  • (i) a copy of this Part and a copy of the regulations made under this Part that apply to the work place,

  • (ii) a statement of the employer’s general policy concerning the health and safety at work of employees, and

  • (iii) any other information related to health and safety that is prescribed or that may be specified by the Minister;

• (f) if the information referred to in any of subparagraphs (d)‍(i) to (iii) is made available in electronic form, ensure that employees receive appropriate training to enable them to have access to the information and, on the request of an employee, make a printed copy of the information available;

• (z.‍16) take the prescribed measures to prevent and protect against harassment and violence in the work place, respond to occurrences of harassment and violence in the work place and offer support to employees affected by harassment and violence in the work place;

• (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;

• (z.‍163) ensure that the person designated by the employer to receive complaints relating to occurrences of harassment and violence has knowledge, training and experience in issues relating to harassment and violence and has knowledge of relevant legislation;

Regulations

(3) The Governor in Council may make regulations respecting the investigations, records and reports referred to in paragraph (1)‍(c).

Former emloyees

(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.

Extension

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

Regulations — former employees

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

• h) de signaler, selon les modalités réglementaires, tout accident ou autre incident ayant causé, dans le cadre de son travail, une blessure à lui-même ou à une autre personne;

Complaint to supervisor

127.‍1 (1) An employee who believes on reasonable grounds that there has been a contravention of this Part or that there is likely to be an accident, injury or illness arising out of, linked with or occurring in the course of employment shall, before exercising any other recourse available under this Part, except the rights conferred by sections 128, 129 and 132, make a complaint to the employee’s supervisor.

Supervisor or designated person

(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.

Oral or written complaint

(1.‍2) The complaint may be made orally or in writing.

Resolve complaint

(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.

Investigation of complaint

(3) The employee or the supervisor may refer an unresolved complaint, other than a complaint relating to an occurrence of harassment and violence, to a chairperson of the work place committee or to the health and safety representative to be investigated jointly

• (d) in the case of a complaint relating to an occurrence of harassment and violence, the employee and the supervisor or designated person, as the case may be, failed to resolve the complaint between themselves.

Investigation

(9) The Minister shall investigate the complaint referred to in subsection (8) unless it relates to an occurrence of harassment and violence and the Minister is of the opinion that

• a) the complaint has been adequately dealt with according to a procedure provided for under this Act, any other Act of Parliament or a collective agreement; or

• (b) the matter is otherwise an abuse of process.

Notice

(9.‍1) If the Minister is of the opinion that the conditions described in paragraph (9)‍(a) or (b) are met, the Minister shall inform the employer and the employee in writing, as soon as feasible, that the Minister will not investigate.

Combining investigations — harassment and violence

(9.‍2) The Minister may combine an investigation into a complaint relating to an occurrence of harassment and violence with an ongoing investigation relating to the same employer and involving substantially the same issues and, in that case, the Minister may issue a single decision.

Former employees

(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.

Extension

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

Investigation — harassment and violence

(4.‍1) Despite paragraph (4)‍(d), a policy committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.

• (a) at an employer’s request, the Minister may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place;

Posting of request

(6.‍1) A request for an exemption must be posted in a conspicuous place or places where it is likely to come to the attention of employees, and be kept posted until the employees are informed of the Minister’s decision in respect of the request.

Investigation — harassment and violence

(7.‍1) Despite paragraph (7)‍(e), a work place committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.

Information likely to reveal identity

135.‍11 (1) Neither the Minister nor an employer shall, without the person’s consent, provide, under this Part, a policy committee or a work place committee with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place. Neither a policy committee nor a work place committee shall have access to that information without the person’s consent.

Exception

(2) Subsection (1) does not apply with respect to

• (a) information provided under section 128 or 129 or a direction or report relating to the application of those sections; or

• (b) a decision, reasons or a direction referred to in subsection 146.‍1(2).

• (g) requiring a committee to submit an annual report of its activities, containing the prescribed information, to a specified person in the prescribed manner and within the prescribed time; and

Investigation — harassment and violence

(5.‍1) Despite paragraph (5)‍(g), a health and safety representative shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.

Information likely to reveal identity

136.‍1 (1) Neither the Minister nor an employer shall, without the person’s consent, provide, under this Part, a health and safety representative with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place. A health and safety representative shall not have access to that information without the person’s consent.

Exception

(2) Subsection (1) does not apply with respect to

• (a) information provided under section 128 or 129 or a direction or report relating to the application of those sections; or

• (b) a decision, reasons or a direction referred to in subsection 146.‍1(2).

Annual report

139.‍1 (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.

Statistical data

(2) The statistical data contained in the report shall include information that is categorized according to prohibited grounds of discrimination under the Canadian Human Rights Act.

Five-year review

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.

Report to be tabled

(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.

Exception

(3) The powers, duties or functions of the Minister provided for in section 130, subsections 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2) shall not be the subject of an agreement under subsection (2).

Status

(2) For the purposes of sections 146 to 146.‍5, an appeals officer has all of the powers, duties and functions of the Minister under this Part, except for those referred to in subsection (1), section 130, subsections 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2).

• (a.‍01) defining the expressions “harassment” and “violence” for the purposes of this Part;

Pilot projects

161 Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve the prevention of accidents, injuries and illnesses arising out of, linked with or occurring in the course of employment to which this Part applies, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project, and adapting any such provision for the purposes of that application.

Repeal of regulations

162 Unless they are repealed earlier, regulations made under section 161 are repealed on the fifth anniversary of the day on which they come into force.

Pilot Projects

Regulations

296 Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve compliance with Parts II and III of this Act, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project, and adapting any such provision for the purposes of that application.

Repeal of regulations

297 Unless they are repealed earlier, regulations made under section 296 are repealed on the fifth anniversary of the day on which they come into force.

13 Section 145.‍1 of the Act is replaced by the following:

Powers, duties and functions

145.‍1 For the purposes of sections 146 to 146.‍5, the Board has all of the powers, duties and functions of the Minister under this Part, except for those referred to in section 130, subsections 135(6), 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1), (2) and (4) and 144(1), section 146.‍01, subsection 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2).

PART III 

Occupational Health and Safety

Interpretation

87 (1) The following definitions apply in this Part.

Board has the same meaning as in section 3. (Commission)

employee means a person employed by an employer and includes the person occupying the recognized position of Clerk of the Senate, Clerk of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of the House of Commons. (employé)

employer means

• (a) the Senate as represented by any committee or person that the Senate by its rules or orders designates for the purposes of this Part;

• (b) the House of Commons as represented by any committee or person that the House of Commons by its orders designates for the purposes of this Part;

• (c) the Library of Parliament as represented by the Parliamentary Librarian acting, subject to subsection 74(1) of the Parliament of Canada Act, on behalf of both Houses of Parliament;

• (d) the office of the Senate Ethics Officer as represented by the Senate Ethics Officer;

• (e) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;

• (f) the Parliamentary Protective Service as represented by the Director of the Parliamentary Protective Service on behalf of the Speakers of the two Houses of Parliament;

• (g) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer;

• (h) a member of the House of Commons who employs one or more persons or who has the direction or control of staff employed to provide research or associated services to the caucus members of a political party represented in the House of Commons;

• (i) in the case of a person occupying the recognized position of Clerk of the Senate, Clerk of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of the House of Commons, the Senate or the House of Commons, as the case may be, as represented by the committee or person described in paragraph (a) or (b); or

• (j) any other person who is recognized as an employer in regulations made under subsection 19.‍5(1) of the Parliament of Canada Act or by-laws made under section 52.‍5 of that Act. (employeur)

(2) The definition employer in subsection (1) includes any person who acts on behalf of an employer.

Canada Labour Code (Part II)

88 (1) Part II of the Canada Labour Code, other than subsections 134(2) and (3) and sections 152 and 153, applies to and in respect of an employer and employees, in the same manner and to the same extent as if the employer were a federal work, undertaking or business and the employees were employees to and in respect of which that Part applies except that, for the purpose of that application,

• (a) any reference in that Part to

  • (i) “arbitration” is to be read as a reference to adjudication within the meaning of Part I of this Act,

  • (ii) “Board” and “collective agreement” are to be read as references to those expressions as defined in section 3 of this Act,

  • (iii) “employee” and “employer” are to be read as references to those expressions as defined in subsection 87(1) of this Act, and

  • (iv) “trade union” is to be read as a reference to an employee organization as defined in section 3 of this Act;

• (b) Part I of this Act applies, with any modifications that the circumstances require, in respect of matters brought before the Board under Part II of the Canada Labour Code to the extent necessary to give effect to that purpose; and

• (c) matters brought before the Board under Part II of the Canada Labour Code may be heard and determined only by a member as defined in section 3 of this Act.

(2) This Part also applies to any person who is not an employee but who performs for an employer activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer.

(3) For greater certainty, subject to section 2, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act.

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.

88.‍1 The Minister of Labour shall notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of the Minister’s intention to enter, under subsection 141(1) of the Canada Labour Code, a work place controlled by an employer. The Minister shall also notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after the Minister

• (a) commences an investigation under Part II of that Act in relation to an employer or an employee; or

• (b) issues a direction to an employer or an employee under that Part.

88.‍2 (1) The Board shall notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after

• (a) the Board receives a complaint under subsection 133(1) of the Canada Labour Code in relation to an employer; or

• (b) an appeal of a direction issued to an employer or an employee is brought under subsection 146(1) of the Canada Labour Code.

(2) If the Speaker of the Senate or the Speaker of the House of Commons is notified that an appeal has been brought,

• (a) the Board shall, at the Speaker’s request, provide to the Speaker a copy of any document that is filed with the Board in the appeal and that is necessary to enable the Speaker to present evidence and make representations under paragraph (b); and

• (b) the Speaker may present evidence and make representations to the Board in the appeal.

88.‍3 The Minister of Labour shall cause to be tabled in the Senate or the House of Commons, or both, a direction that is issued to an employer or an employee under Part II of the Canada Labour Code if the direction is not complied with within the period provided for in the direction and it is not appealed within the period provided for in that Part. The Minister shall cause the direction to be tabled within a reasonable time after the later of the expiry of the period for compliance and the expiry of the appeal period.

88.‍4 If the Minister of Labour considers that exceptional circumstances require that immediate action be taken to prevent a contravention of Part II of the Canada Labour Code by an employer or an employee,

• (a) the Minister shall provide a copy of any direction issued to an employer or an employee under that Part to the Speaker of the Senate or the Speaker of the House of Commons, or both; and

• (b) despite section 88.‍3, the Minister may, before the expiry of the appeal period, cause to be tabled a direction referred to in paragraph (a) in the Senate or the House of Commons, or both, if that direction is not complied with within the period provided for in the direction.

88.‍5 The Board shall, at the request of the Minister of Labour or any person affected by an order or decision made or a direction issued with respect to an employer or an employee by the Board under Part II of the Canada Labour Code, cause the order, decision or direction to be tabled in the Senate or the House of Commons, or both, if it is not complied with within the period provided for in the order, decision or direction. The Board shall cause the order, decision or direction to be tabled within a reasonable time after receiving the request.

88.‍6 For greater certainty, nothing in this Part shall be construed as limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members or as authorizing the exercise of a power or the performance of a function or duty by virtue of this Part if the exercise of that power or the performance of that function or duty would interfere, directly or indirectly, with the business of the Senate or the House of Commons.

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.

Appeals — subsection 129(7) or 146(1)

382 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under subsection 129(7) or 146(1) of that Act.