Coming Soon: Updated federal anti-harassment legislation and regulations come into force January 1, 2021
Bill C-65, is an Act to amend the Canada Labour Code (“CLC”) and strengthen the existing framework for the prevention of harassment and violence, including sexual harassment and sexual violence, in the workplace. Both Bill C-65 and the corresponding regulations come into force January 1, 2021.
What is New?
Bill C-65 broadens the definition of workplace harassment since the CLC previously only defined sexual harassment, leaving open questions about whether non-sexual conduct would meet the definition of workplace harassment. The new definition also explicitly includes the employer’s obligation to protect a worker from psychological harm, in addition to physical harm.
Bill C-65 defines harassment and violence as “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.”
The amendments to the CLC under Bill C-65 and the Workplace Harassment and Violence Prevention Regulations clarify the procedural and practical requirements for federally regulated employers to address harassment and violence in the workplace.
Is your federally regulated workplace ready?
Have you:
• Completed a workplace assessment to identify risk factors and develop and implement preventative measures must be completed (must be done within six months, and every three years)?
• Identified risk factors that contribute to workplace harassment and violence, taking into account workplace and external circumstances?
• Outlined emergency procedures for when workplace harassment or violence poses an immediate danger?
• Prepared to deliver training on harassment and violence prevention, specific to the culture conditions and activities of the workplace, including training on the policy and how to recognize, minimize and prevent, and respond to, workplace harassment and violence? (Must be completed to existing workforce within the first year of the law coming into force. Going forward, training must occur within three months of hiring, and at least every three years.)
• Revised your existing resolution process? Resolution process must include, amongst other things:
o time frames
o support measures for employees
o procedure to ensure the protection of privacy of those involved, including witnesses, throughout an investigation
• Prepared to keep the required records and reports, including an annual report outlining the details and types of workplace harassment and violence addressed to the minster of labour by March 1 of each year?