TO: Michael Rosenberg FROM: Phil Brown RE: Bill C-65 Regulations DATE: 1 June 2021 ISSUE What new or expanded obligations should federally regulated employers be aware of after the enactment of Bill C-65 on January 1, 2021? FACTS Bill C-65 amends sections of the Canada Labour Code to aid in preventing harassment and violence in the work place. Parliamentary employers must now abide by Canada Labour Code requirements as well as those added and amended by Bill-65. The penalties for not doing so can be fines up to $250,000.[1] I. PROVIDE A WORKPLACE ASSESSMENT Employers must provide a report on hazards in the work place, including an assessment of those hazards.[2] In consultation with the policy committee, work place committee or health and safety representative, employers must develop, implement, and monitor a prescribed program for the prevention of hazards in the work place appropriate to its size and the nature of the hazards.[3] II. INVESTIGATE, RECORD, AND REPORT Employers must investigate, record, and report, all accidents and occurrences of harassment and violence.[4] Employers must take the prescribed measures to prevent and protect against harassment and violence in the work place, respond to occurrences of harassment and violence, and offer support to employees affected.[5] Reports of incidents must be made available to employees in print and electronic form, including a copy of the regulations that apply, a statement of the employer’s general policy concerning the health and safety of employees and any other information related to health and safety that is prescribed.[6] Employees must also receive appropriate training to enable them to have access to the information collected.[7] The names, work place telephone numbers and work locations of all of the members of work place committees or of the health and safety representative must be posted and remain posted.[8],[9] Within thirty days after receiving a request, or as soon as possible after that, employers must provide the information requested from the employer by a policy committee, workplace committee, or by a health and safety representative.[10] III. TRAINING Employers must ensure that members of policy and work place committees and health and safety representatives receive the prescribed training in health and safety.[11] Employees, including those who have supervisory or managerial responsibilities and employers themselves, must receive training in the prevention of harassment and violence in the work place.[12] The person designated by the employer to receive complaints relating to occurrences of harassment and violence must have knowledge, training and experience in issues relating to harassment and violence and knowledge of relevant legislation; CONCLUSION Any employer that falls under the Canada Labour Code that did not previously do so, should be aware of the many requirements in the Code regarding Policy Health and Safety Committees which are not fully addressed above or in Bill C-65. [1] 256 (2) [2] s.125(1)(z.11) [3] s.125(1)(z.03) [4] s.125(1)(c) [5] s.125(1)(z.16) [6] s.125(1)(d) [7] s.125(1)(f) [8] s.125(1)(z.17) [9] Does not apply to a work place with fewer than twenty employees if those employees and the health and safety representative normally work at the same time and in the same location or at a work place with a single employee normally employed [10] s.125(1)(z.18) [11] s.125(1)(z.01) [12] s.125(1)(z.161,z.162)
