On January 1, 2021, new regulations will come into force that will amend the Canada Labour Code (Code) and change how harassment and violence investigations are to be conducted in federally-regulated workplaces. Among the changes are the provisions surrounding the selection of a workplace investigator. Under the new regulations, an employer can appoint an investigator from a list of investigators that the employer has jointly developed with its health and safety representative, workplace committee, or policy committee.
The final regulations under Bill C-65 have been released and will come into force, along with the legislation, on January 1, 2021. The Bill and the regulations introduce significant changes to how employers in federally-regulated industries must prevent and respond to incidents of harassment and violence.
The rules around investigating incidents of workplace harassment and violence will shift once Bill C-65, An Act to amend the Canada Labour Code (harassment and violence) comes into force. The date that the Bill will take legal effect has not been confirmed, although it is supposed to be this year.
Le projet de loi C-65 vise à renforcer les dispositions concernant le harcèlement et la violence dans les milieux de travail sous réglementation fédérale, la fonction publique fédérale et les milieux de travail parlementaires. Le projet de loi a reçu la sanction royale en octobre 2018, mais n’est pas encore en vigueur. En avril 2019, le gouvernement a également proposé un nouveau projet de règlement, qui, tout comme le projet de loi, n’est pas encore en vigueur.
For federally-regulated employers, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence) is supposed to come into force sometime this year, although the exact date has not been confirmed. Since the pandemic hit, the federal government has not provided any updates on this.
2020 was supposed to be the year that Bill C-65, An Act to amend the Canada Labour Code (harassment and violence) came into force. The Bill promises to change how employers in federally-regulated industries prevent and address incidents of workplace harassment and violence. Employers have been waiting for the Bill to take legal effect for some time, but with more pressing matters on the national agenda these days, the federal government has not confirmed when this will happen.
2020 will see important shifts in how employers in federally-regulated industries prevent and address workplace harassment and violence. New rules will soon come into effect that will increase employers’ responsibilities to respond to incidents of harassment and violence, and also prevent any such incidents from occurring. I will be writing a series of blogs about these requirements so that employers and investigators can better prepare for what’s coming.
We know that workplace investigations can be disorienting experiences for the employees involved in them. Even a well-planned investigation can leave employees confused, at best, or deeply hurt and resentful toward one another or their employer, at worst.