Legal Updates

For more information contact Workplace Safety & Prevention Services wspslegislation@wsps.ca 1 877 494 WSPS (9777) The content provided is for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind and should not be used as a substitute for consultation with a professional legal advisor. Users of this information who require legal advice are advised to contact their own legal counsel regarding any specific legal issues or before making any decision or taking any action. WSPS does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. In no event will WSPS be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site. Page 5 LEGISLATION BRIEFING In order to improve data collection on the prevalence and types of occurrences of harassment and violence in federal workplaces, employers must report an occurrence that results in the death of an employee to the Minister within 24 hours and aggregated data on all occurrences annually to the Minister. What could this mean for you? The successful implementation of the new harassment and violence prevention regime consists will be assisted with various resources and tools for employers. These resources include: 1. Awareness campaigns: Creating awareness campaigns to challenge misconceptions and stereotypes related to harassment and violence in the workplace. Generally, the campaigns would bring awareness to workplace parties of their rights and obligations. 2. Development of materials and tools, and roster of investigators: Developing materials such as guidelines for the implementation of the regulation and links to provincial/territorial support services. Additionally, the Labour Program will coordinate a labour and employer co‐developed roster of investigators for employers to access in order to facilitate the resolution process for the various parties involved in a complaint. 3. Enforcement: The Labour Program investigates complaints regarding non‐compliance with the Code, not actual occurrences of harassment and violence. At any point in the resolution process, a party may make a complaint that the employer has been non‐compliant with the Code. In these situations, the Labour Program will investigate. If the Labour Program observes particular employers or industries with a higher number of complaints or complaints of a particular nature, then the Labour Program will conduct reactive inspections of those workplaces. 4. Harassment and violence prevention hub: The Labour Program is establishing a hub to provide support to employers and employees on the topic of violence and harassment in the workplace. The hub will link employers and employees with Labour Program experts who can help them navigate the harassment and violence provisions under the Code and provide support in reporting an occurrence. 5. Annual reporting and program review: Bill C‐65 requires employers to report all occurrences of harassment and violence to the Minister, and that the Minister prepare and publish an annual report related to harassment and violence within federally regulated workplaces. In addition the Minister is required to conduct a review of the provisions of Part II of the Code related to harassment and violence every five years. 6. Grants and contributions: The Labour Program is putting in place a new grants and contributions program that will provide funding for management and union parties to co‐develop sector‐specific training and resources. The intended results of the program are the co‐development of tools and resources related to harassment and violence prevention and more collaborative workplaces.

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