BILL C-65

New Regulations on Prevention of Harassment and Violence in the Workplace

BILL C-65

New Regulations on Prevention of Harassment and Violence in the Workplace

About the Act

Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), came into effect on January 1, 2021. The changes were made to enhance protections for employees who make a complaint of harassment or violence, and to improve related training for staff and the investigation process.

About the Act

Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), came into effect on January 1, 2021. The changes were made to enhance protections for employees who make a complaint of harassment or violence, and to improve related training for staff and the investigation process.

How you can use the Act as an Employee

If you are unsure if this Act applies to you as an employee, you can ask your employer or seek legal advice. You may want to become familiar with this Act to understand the protections afforded to you if you make a complaint of harassment or violence in the workplace, as well as understanding your workplace’s policies and procedures.

How you can use the Act as an Employer

As an employer, maintaining up to date policies and procedures is an on-going effort and requirement for developing policies and procedures integral to creating psychologically and physically safe workspaces that promote individual and collective well-being.

How you can use the Act as an Employee

If you are unsure if this Act applies to you as an employee, you can ask your employer or seek legal advice. You may want to become familiar with this Act to understand the protections afforded to you if you make a complaint of harassment or violence in the workplace, as well as understanding your workplace’s policies and procedures.

How you can use the Act as an Employer

As an employer, maintaining up to date policies and procedures is an on-going effort and requirement for developing policies and procedures integral to creating psychologically and physically safe workspaces that promote individual and collective well-being.

Defining Terms in Bill C-65

The legislation introduced new terms to describe the complaint and resolution process.

As an employer, you should be aware of these terms and how to implement them into your policies and procedures.

As an employee, it is helpful to be familiar with legislative terms that you may come across in seeking further resources or support in understanding your rights in the workplace.

Designated Recipient – the person or group that receives and investigates complaints of harassment or violence in the workplace from principal parties
Principal Party – an employee or employer who experienced the occurrence (i.e. victim)
Responding Party – the person who is alleged to have been responsible for the harassment; they are identified in a verbal or written report to the employer or designated recipient
Witness – a person who witnessed an incident of harassment and violence or is informed of an incident by the principal party or responding party

Occurrence – an incident of harassment and violence in the workplace
Notice of Occurrence – providing a verbal or written account of the occurrence to an employer or designated recipient
Response – the employer or designated recipient reviews the Notice of Occurrence to ensure information is complete and to assess urgency. They will send an acknowledgement to the principal party including relevant policies and next steps
Negotiated Resolution – initial attempt to resolve the occurrence, including a meeting between the principal party, designated recipient, and possibly the responding party to discuss the occurrence and resolution being sought
Conciliation – mediation and alternative dispute resolution process led by a facilitator and agreed upon by both the principal and responding party
Investigation – formal investigation process with report to the employer and Health and Safety Committee

Defining Terms in Bill C-65

The legislation introduced new terms to describe the complaint and resolution process.

As an employer, you should be aware of these terms and how to implement them into your policies and procedures.

As an employee, it is helpful to be familiar with legislative terms that you may come across in seeking further resources or support in understanding your rights in the workplace.

Designated Recipient – the person or group that receives and investigates complaints of harassment or violence in the workplace from principal parties
Principal Party – an employee or employer who experienced the occurrence (i.e. victim)
Responding Party – the person who is alleged to have been responsible for the harassment; they are identified in a verbal or written report to the employer or designated recipient
Witness – a person who witnessed an incident of harassment and violence or is informed of an incident by the principal party or responding party

Occurrence – an incident of harassment and violence in the workplace
Notice of Occurrence – providing a verbal or written account of the occurrence to an employer or designated recipient
Response – the employer or designated recipient reviews the Notice of Occurrence to ensure information is complete and to assess urgency. They will send an acknowledgement to the principal party including relevant policies and next steps
Negotiated Resolution – initial attempt to resolve the occurrence, including a meeting between the principal party, designated recipient, and possibly the responding party to discuss the occurrence and resolution being sought
Conciliation – mediation and alternative dispute resolution process led by a facilitator and agreed upon by both the principal and responding party
Investigation – formal investigation process with report to the employer and Health and Safety Committee

Pathways to Resolving Workplace Harassment & Violence

The illustration depicts a man sexually harassing a woman in the workplace and depicts the following steps the woman takes to address the incident.

We would like to acknowledge that sexual harassment can be experienced by women, men, Two Spirit, and gender diverse peoples. Anyone could put themselves in the shoes of the person being harassed and situations can vary.

Below is a written narrative of the illustration. This illustration and accompanying narrative is an example of pathways forward to resolve incidents of harassment in the workplace.

The illustration and narrative purposefully do not provide a conclusion to the incident.

Pathways to Resolving Workplace Harassment & Violence

The illustration depicts a man sexually harassing a woman in the workplace and depicts the following steps the woman takes to address the incident.

We would like to acknowledge that sexual harassment can be experienced by women, men, Two Spirit, and gender diverse peoples. Anyone could put themselves in the shoes of the person being harassed and situations can vary.

Below is a written narrative of the illustration. This illustration and accompanying narrative is an example of pathways forward to resolve incidents of harassment in the workplace.

The illustration and narrative purposefully do not provide a conclusion to the incident.

Q+A: employers, health and safety and designated recipients

The following information seeks to answer questions that you may have about Bill C-65, how it impacts your workplace, and where to find further resources.

Q+A: employers, health and safety and designated recipients

The following information seeks to answer questions that you may have about Bill C-65, how it impacts your workplace, and where to find further resources.

Q+A: employees and community members

The following information seeks to answer questions that you may have about Bill C-65, how it impacts your workplace, and where to find further resources or support.

Q+A: employees and community members

The following information seeks to answer questions that you may have about Bill C-65, how it impacts your workplace, and where to find further resources or support.