On October 25, 2018, 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, (the “Act”) received Royal Assent. The Act will, among other things, amend the Canada Labour Code (the “Code”) and expand the obligations of federal employers, particularly in relation to workplace harassment and violence. Time is fast reducing for organizations to act and meet compliance requirements. The three main pillars of the legislation are prevention, response and support and include requirements for the following:
Employers will have to jointly conduct a workplace assessment that identifies risks of harassment and violence in the workplace and implement preventive measures to protect the workplace from these risks. At least every three years, the workplace assessment will need to be reviewed and updated.
The employer will be required to jointly develop and implement emergency procedures to be followed in situations where an occurrence of harassment and violence poses an immediate danger to the health and safety of employees or when there is a threat of such an occurrence happening in the workplace.
Employers will be required to jointly identify or develop harassment and violence training and ensure it is delivered to employees, employers, and the designated recipient.
The proposed Regulations require employers to make available information respecting support services that employees may access should they need them.
The resolution process will require employers to respond to every notification of an occurrence of harassment and violence in their workplace. The resolution process includes multiple options for resolution: early resolution, conciliation, and investigation.
Done well, a workplace investigation can save the organization money and resources, as well as, ensuring the health and safety of employees. Investigations require a skilled investigator with the personal attributes to engage parties, methodically collect and assess information and deliver a well formulated opinion. Each of these steps are important and interconnected. It is important to ensure that the appointed investigator is subjectively impartial to all parties before they begin their investigation to ensure that the individual can be a competent person for the purpose of the Code. The Lions Gate team has such trained Investigators who have knowledge of the legislation, and who will ensure a thorough investigative process that supports informed decision-making.
To support enforcement of the proposed Regulations, employers will have to keep a number of records, including records of all notifications of harassment and violence in their workplace; records of the actions taken to address the notifications; records of the decisions they make in the event they are unable to agree on an issue that they must do jointly; and records of any delays to the timelines.
At Lions Gate, we can cover all your regulatory needs so that you can ensure the safety of your employees while complying with requirements. Lions Gate Risk Management Group is uniquely qualified through deep industry knowledge and real-world experience, to deliver a proactive, impartial and uncompromising suite of risk management, protection, and investigation services across Canada. Our team consists of law enforcement, military, academic and security industry specialists who have the knowledge, skills and experience to provide our clients with a superior level of service and expertise.
Some of the services we offer include:
To learn more about how we can support you and your organization with custom programs specific to your business’ needs, please contact us at firstname.lastname@example.org to set up a consultation.