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25 July 2018
On 29 January 2018 the second reading of Bill C-65 was passed and referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities for further consideration. Bill C-65 – which comprises an Act to Amend the Canada Labour Code (Harassment and Violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act 2017 – would expand employer obligations with regard to allegations of harassment and violence, including sexual harassment and violence in federally regulated workplaces. These obligations may extend to former employees of the workplace.
As Bill C-65 has passed its second reading, it is expected to receive royal assent. As such, employers should proactively review the proposed amendments, as well as their current policies and procedures regarding harassment and violence in the workplace, in order to ensure compliance when the amendments come into force.
Proposed amendments to the Canada Labour Code Part II include the following:
(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 trivial, frivolous or vexatious.
If the Minister is of the opinion that the conditions described in paragraphs (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.
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