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 (S.C. 2018, c. 22)
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Assented to 2018-10-25
PART 1R.S., c. L-2Canada Labour Code (continued)
Amendments to the Act (continued)
6 Section 134.1 of the Act is amended by adding the following after subsection (4):
Marginal note:Investigation — harassment and violence
(4.1) Despite paragraph (4)(d), a policy committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.
Marginal note:2000, c. 20, s. 10
Marginal note:2013, c. 40, s. 185(1)
(2) Paragraph 135(6)(a) of the Act is replaced by the following:
(a) at an employer’s request, the Minister may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place;
(3) Section 135 of the Act is amended by adding the following after subsection (6):
Marginal note:Posting of request
(6.1) A request for an exemption must be posted in a conspicuous place or places where it is likely to come to the attention of employees, and be kept posted until the employees are informed of the Minister’s decision in respect of the request.
(4) Section 135 of the Act is amended by adding the following after subsection (7):
Marginal note:Investigation — harassment and violence
(7.1) Despite paragraph (7)(e), a work place committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.
8 The Act is amended by adding the following after section 135.1:
Marginal note:Information likely to reveal identity
135.11 (1) Neither the Minister nor an employer shall, without the person’s consent, provide, under this Part, a policy committee or a work place committee with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place. Neither a policy committee nor a work place committee shall have access to that information without the person’s consent.
Marginal note:Exception
(2) Subsection (1) does not apply with respect to
Marginal note:2000, c. 20, s. 10
9 Paragraph 135.2(1)(g) of the Act is replaced by the following:
(g) requiring a committee to submit an annual report of its activities, containing the prescribed information, to a specified person in the prescribed manner and within the prescribed time; and
10 Section 136 of the Act is amended by adding the following after subsection (5):
Marginal note:Investigation — harassment and violence
(5.1) Despite paragraph (5)(g), a health and safety representative shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.
11 The Act is amended by adding the following after section 136:
Marginal note:Information likely to reveal identity
136.1 (1) Neither the Minister nor an employer shall, without the person’s consent, provide, under this Part, a health and safety representative with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place. A health and safety representative shall not have access to that information without the person’s consent.
Marginal note:Exception
(2) Subsection (1) does not apply with respect to
11.1 The Act is amended by adding the following after section 139:
Marginal note:Annual report
139.1 (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.
Marginal note:Statistical data
(2) The statistical data contained in the report shall include information that is categorized according to prohibited grounds of discrimination under the Canadian Human Rights Act.
Marginal note:Five-year review
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.
Marginal note:Report to be tabled
(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.
Marginal note:2013, c. 40, s. 190
12 Subsection 140(3) of the Act is replaced by the following:
Marginal note:Exception
(3) The powers, duties or functions of the Minister provided for in section 130, subsections 137.1(1) to (2.1) and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2) shall not be the subject of an agreement under subsection (2).
Marginal note:2013, c. 40, s. 196
13 Subsection 145.1(2) of the Act is replaced by the following:
Marginal note:Status
(2) For the purposes of sections 146 to 146.5, an appeals officer has all of the powers, duties and functions of the Minister under this Part, except for those referred to in subsection (1), section 130, subsections 137.1(1) to (2.1) and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2).
14 Subsection 157(1) of the Act is amended by adding the following after paragraph (a):
(a.01) defining the expressions “harassment” and “violence” for the purposes of this Part;
15 The Act is amended by adding the following after section 160:
Marginal note:Pilot projects
161 Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve the prevention of accidents, injuries and illnesses arising out of, linked with or occurring in the course of employment to which this Part applies, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project, and adapting any such provision for the purposes of that application.
Marginal note:Repeal of regulations
162 Unless they are repealed earlier, regulations made under section 161 are repealed on the fifth anniversary of the day on which they come into force.
Marginal note:R.S., c. 9 (1st Supp.), s. 17
16 Division XV.1 of Part III of the Act is repealed.
17 The Act is amended by adding the following after section 295:
Pilot Projects
Marginal note:Regulations
296 Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve compliance with Parts II and III of this Act, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project, and adapting any such provision for the purposes of that application.
Marginal note:Repeal of regulations
297 Unless they are repealed earlier, regulations made under section 296 are repealed on the fifth anniversary of the day on which they come into force.
- Date modified: