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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 98
Wednesday, April 18, 2018, 3:30 p.m. to 6:36 p.m.
Presiding
Bryan May, Chair (Liberal)

Liberal

• Julie Dabrusin for Ramesh Sangha (Liberal)
• Pam Damoff for Wayne Long (Liberal)
• Rachael Harder for Rosemarie Falk (Conservative)
• Rachael Harder for Mark Warawa (Conservative)
• John Nater for Rosemarie Falk (Conservative)
House of Commons
• Olivier Champagne, Legislative Clerk
• Jacques Maziade, Legislative Clerk
 
Library of Parliament
• Elizabeth Cahill, Analyst
• Mayra Perez-Leclerc, Analyst
Department of Employment and Social Development
• Brenda Baxter, Director General, Workplace Directorate, Labour Program
• Barbara Moran, Director General, Strategic Policy, Analysis and Workplace, Labour Program
Department of Public Works and Government Services
• Charles Bernard, Director General, Portfolio and Government Affairs
Pursuant to the Order of Reference of Monday, January 29, 2018, the Committee resumed consideration of 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.

Brenda Baxter, Barbara Moran and Charles Bernard answered questions.

The Committee resumed its clause-by-clause study of the Bill.

On Clause 5,

Karine Trudel moved, — That Bill C-65, in Clause 5, be amended by deleting lines 17 to 24 on page 3.

After debate, the question was put on the amendment of Karine Trudel and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Mona Fortier moved, — That Bill C-65, in Clause 5, be amended by

(a) replacing line 22 on page 3 with the following:

“occurrence of harassment and violence, to a chairperson of”

(b) replacing line 30 on page 3 with the following:

“rence of harassment and violence, the employee and the”

The question was put on the amendment of Mona Fortier and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Steven Blaney moved, — That Bill C-65, in Clause 5, be amended by adding after line 24 on page 3 the following:

“(2.1) Section 127.1 of the Act is amended by adding the following after subsection (4):

(4.1) The persons who investigate the complaint shall complete the investigation no later than three months after the day on which the complaint has been referred to them.

(4.2) The employee may extend the investigation period by no more than 30 days if he or she is of the opinion that more time is required to complete the investigation. The employee may extend the investigation period more than once.”

Debate arose thereon.

Karine Trudel moved, — That the amendment be amended by replacing the words “no later than three months” with the words “according to the deadline established in the regulations”.

After debate, the question was put on the subamendment of Karine Trudel and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

The question was put on the amendment of Steven Blaney and it was negatived on the following recorded division:

YEAS: Steven Blaney, Rachael Harder, John Nater, Karine Trudel — 4;

NAYS: Julie Dabrusin, Pam Damoff, Mona Fortier, Robert J. Morrissey, Dan Ruimy — 5.

Karine Trudel moved, — That Bill C-65, in Clause 5, be amended by adding after line 24 on page 3 the following:

“(2.1) Section 127.1 of the Act is amended by adding the following after subsection (3):

(3.1) The investigation shall begin as soon as possible, but no later than 14 days after the day on which the complaint is referred.”

After debate, the question was put on the amendment of Karine Trudel and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Karine Trudel moved, — That Bill C-65, in Clause 5, be amended by adding after line 24 on page 3 the following:

“(2.1) Section 127.1 of the Act is amended by adding the following after subsection (3):

(3.1) The choice of the persons referred to in paragraphs (3)(a) and (b) must reflect the diversity of Canadian society.”

After debate, the question was put on the amendment of Karine Trudel and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Karine Trudel moved, — That Bill C-65, in Clause 5, be amended by adding after line 24 on page 3 the following:

“(2.1) Subsection 127.1(4) of the Act is replaced by the following:

(4) The persons who investigate the complaint shall inform in writing the employee, the employer, the representative and a chairperson of the work place committee or the policy committee, as the case may be, in the form and manner prescribed if any is prescribed, of the results of the investigation and of any recommendation made under subsection (5).

(4.1) The chairperson shall provide the members of his or her committee with the results and recommendations referred to in subsection (4), from which the chairperson, after consulting with the employee, has deleted any information the employee does not wish to disclose.”  

After debate, the question was put on the amendment of Karine Trudel and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Mona Fortier moved, — That Bill C-65, in Clause 5, be amended by

(a) replacing line 1 on page 4 with the following:

“harassment and violence and the Minister is of the opinion”

(b) replacing line 13 on page 4 with the following:

“complaint relating to an occurrence of harassment and vio-”

The question was put on the amendment of Mona Fortier and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Steven Blaney moved, — That Bill C-65, in Clause 5, be amended by adding after line 17 on page 4 the following:

“(9.3) For harassment and violence complaints, the Minister shall complete the investigation according to the prescribed timelines after the day on which the complaint has been referred to the Minister.

(9.4) The employee may extend the investigation period by no more than 30 days if he or she is of the opinion that more time is required to complete the investigation. The employee may extend the investigation period more than once.”

Debate arose thereon.

At 4:13 p.m., the sitting was suspended.

At 4:13 p.m. , the sitting resumed.

After debate, the question was put on the amendment of Steven Blaney and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Mona Fortier moved, — That Bill C-65, in Clause 5, be amended by adding after line 17 on page 4 the following:

“(5) Section 127.1 of the Act is amended by adding the following after subsection (11):

(12) A former employee may, within the prescribed time, make a complaint under subsection (1) relating to an occurrence of harassment and violence in the work place, in which case this Part applies to the former employee and to the employer as if the former employee were an employee, to the extent necessary to finally dispose of the complaint.

(13) On application by a former employee, the Minister may, in the prescribed circumstances, extend the time period referred to in subsection (12).”

After debate, the question was put on the amendment of Mona Fortier and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Clause 5, as amended, carried.

Mona Fortier moved, — That Bill C-65, in Clause 6, be amended by replacing line 23 on page 4 with the following:

“of harassment and violence in the work place.”

The question was put on the amendment of Mona Fortier and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

On Clause 6,

Karine Trudel moved, — That Bill C-65, in Clause 6, be amended by adding after line 23 on page 4 the following:

“(2) Section 134.1 of the Act is amended by adding the following after subsection (7):

(8) Subject to the regulations, a policy committee shall establish a code of ethics respecting the activities for which it is responsible under this Part.”

After debate, the question was put on the amendment of Karine Trudel and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Clause 6, as amended, carried.

On Clause 7,

Karine Trudel moved, — That Bill C-65, in Clause 7, be amended by adding after line 2 on page 5 the following:

“(3.1) Subsection 135(7) of the Act is amended by adding the following after paragraph (j):

(j.1) shall, subject to the regulations, establish a code of ethics respecting the activities for which it is responsible under this Part;”

After debate, the question was put on the amendment of Karine Trudel and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Karine Trudel moved, — That Bill C-65, in Clause 7, be amended by replacing lines 5 to 8 on page 5 with the following:

“(7.1) A work place committee may, at an employee’s request, participate in any investigation relating to an occurrence of harassment or violence in the work place.”

Debate arose thereon.

Rachael Harder moved, — That the amendment be amended by adding, after the words “the work place”, the words “, unless the employee making the complaint requests that the workplace committee participate”.

After debate, the question was put on the subamendment of Rachael Harder and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

The question was put on the amendment of Karine Trudel and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Mona Fortier moved, — That Bill C-65, in Clause 7, be amended by replacing line 8 on page 5 with the following:

“rence of harassment and violence in the work place.”

The question was put on the amendment of Mona Fortier and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

Clause 7, as amended, carried.

On Clause 8,

Mona Fortier moved, — That Bill C-65, in Clause 8, be amended by replacing line 15 on page 5 with the following:

“who was involved in an occurrence of harassment and vio-”

The question was put on the amendment of Mona Fortier and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

Clause 8, as amended, carried.

Clause 9 carried.

On Clause 10,

Karine Trudel moved, — That Bill C-65, in Clause 10, be amended by replacing lines 33 to 37 on page 5 with the following:

“(5.1) A health and safety representative may, at an employee’s request, participate in any investigation relating to an occurrence of harassment or violence in the work place.”

After debate, the question was put on the amendment of Karine Trudel and it was negatived on the following recorded division:

YEAS: Steven Blaney, Rachael Harder, John Nater, Karine Trudel — 4;

NAYS: Julie Dabrusin, Pam Damoff, Mona Fortier, Robert J. Morrissey, Dan Ruimy — 5.

Mona Fortier moved, — That Bill C-65, in Clause 10, be amended by replacing line 36 on page 5 with the following:

“an occurrence of harassment and violence in the work”

The question was put on the amendment of Mona Fortier and it was agreed to.

Clause 10, as amended, carried.

On Clause 11,

Mona Fortier moved, — That Bill C-65, in Clause 11, be amended by replacing line 7 on page 6 with the following:

“volved in an occurrence of harassment and violence in the”

The question was put on the amendement of Mona Fortier and it was agreed to.

Clause 11, as amended, carried.

On new Clause 11.1,

Dan Ruimy moved, — That Bill C-65 be amended by adding after line 16 on page 6 the following new clause:

“11.1 The Act is amended by adding the following after section 139:

139.1 The Minister shall prepare and publish an annual report that contains statistical data relating to harassment and violence in work places to which this Part applies. The report shall not contain any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence.

139.2 (1) Five years after the day on which this section comes into force and every five years after that, the Minister shall commence a review of the provisions of this Part relating to harassment and violence. At the conclusion of the review, the Minister shall prepare a report on the review.

(2) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.”

After debate, the question was put on the amendment of Dan Ruimy and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Clause 12 carried.

Clause 13 carried.

Clause 14 carried.

Clause 15 carried.

Clause 16 carried.

Clause 17 carried.

Clause 18 carried.

Clause 19 carried.

On Clause 20,

Mona Fortier moved, — That Bill C-65, in Clause 20, be amended by replacing line 8 on page 9 with the following:

“20 (1) Sections 0.1 to 16 and 18 come into force on a”

The question was put on the amendment of Mona Fortier and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

Clause 20, as amended, carried.

On Clause 21,

Rachael Harder moved, — That Bill C-65, in Clause 21, be amended

(a) by adding after line 28 on page 11 the following:

“(b.1) any power, duty or function of the Minister under Part II of the Canada Labour Code is to be exercised or performed by the Deputy Minister of Labour, and the Minister is not to interfere with the exercise of the powers or performance of the duties or functions of the Deputy Minister; and”

(b) by replacing line 38 on page 11 to line 5 on page 12 with the following:

“88.1 The Deputy Minister of Labour shall notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of the Deputy Minister’s intention to enter, under subsection 141(1) of the Canada Labour Code, a work place controlled by an employer. The Deputy Minister shall also notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after the Deputy Minister”

(c) by replacing line 29 on page 12 with the following:

“88.3 The Deputy Minister of Labour shall cause to be tabled in”

(d) by replacing, in the English version, line 35 on page 12 with the following:

“for in that Part. The Deputy Minister shall cause the direction to”

(e) by replacing line 1 on page 13 with the following:

“88.4 If the Deputy Minister of Labour considers that exceptional”

(f) by replacing line 5 on page 13 with the following:

“(a) the Deputy Minister shall provide a copy of any direction”

(g) by replacing line 9 on page 13 with the following:

“(b) despite section 88.3, the Deputy Minister may, before the”

(h) by replacing line 15 on page 13 with the following:

“88.5 The Board shall, at the request of the Deputy Minister of”

Debate arose thereon.

At 4:59 p.m., the sitting was suspended.

At 5:07 p.m., the sitting resumed.

Debate resumed.

At 5:27 p.m., the sitting was suspended.

At 5:28 p.m., the sitting resumed.

By unanimous consent, the amendment was withdrawn.

Pam Damoff moved, — That Bill C-65, in Clause 21, be amended by adding after line 37 on page 11 the following:

“88.01 (1) For the purposes of this Part, the Deputy Minister of Labour shall exercise the powers and perform the duties and functions of the Minister of Labour under this Part and under Part II of the Canada Labour Code involving a member of the Senate or their staff or a member of the House of Commons or their employees.

(2) If the Deputy Minister of Labour exercises the powers or performs the duties and functions set out in section 88.3 or paragraph 88.4(b), he or she shall provide the direction referred to in that section or that paragraph to the Speaker of the Senate or the Speaker of the House of Commons, or both, who shall each table the direction in the House over which he or she presides.”

Debate arose thereon.

At 5:28 p.m., the sitting was suspended.

At 5:35 p.m., the sitting resumed.

The question was put on the amendment of Pam Damoff and it was agreed to on the following recorded division:

YEAS: Julie Dabrusin, Pam Damoff, Mona Fortier, Robert J. Morrissey, Dan Ruimy — 5;

NAYS: Steven Blaney, Rachael Harder, Karine Trudel, Mark Warawa — 4.

Dan Ruimy moved, — That Bill C-65, in Clause 21, be amended by adding after line 33 on page 13 the following:

“88.7 The Board shall, as soon as possible after the end of each year, submit a report for that year on its activities under this Part and under Part II of the Canada Labour Code, as it applies to employers and employees, to the Minister designated as the Minister for the purposes of the Federal Public Sector Labour Relations and Employment Board Act. The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.

88.8 (1) Five years after the day on which this Part comes into force and every five years after that, the Minister designated as the Minister for the purposes of this Act shall commence a review of the application, in relation to harassment and violence, of the provisions of this Part. At the conclusion of the review, the Minister shall prepare a report on the review.

(2) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.”

After debate, the question was put on the amendment of Dan Ruimy and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Clause 21, as amended, carried.

By unanimous consent, Clauses 22 to 24 inclusive carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, — That the Chair report the Bill C-65, as amended, to the House.

ORDERED, — That Bill C-65, as amended, be reprinted for the use of the House at report stage.

At 5:47 p.m., the sitting was suspended.

At 6:29 p.m., the sitting resumed.

At 6:36 p.m., the Committee adjourned to the call of the Chair.



Stephanie Feldman
Clerk of the Committee