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Work Place Harassment and Violence Prevention Regulations (SOR/2020-130)

Regulations are current to 2020-10-05

Resolution Process (continued)

Notice of an Occurrence (continued)

Response to Notice of an Occurrence (continued)

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Marginal note:Contact with witness

 If notice of an occurrence is provided by a witness who is not anonymous, an employer or designated recipient must, within seven days after the day on which the notice is provided, contact the witness to confirm that notice was received.

The following provision is not in force.

Marginal note:Contact with responding party

 On the first occasion that an employer or designated recipient contacts the responding party regarding the occurrence, they must inform them

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    (a) that they have been named or identified as the responding party in the notice of an occurrence;

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    (b) of the manner in which the work place harassment and violence prevention policy is accessed;

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    (c) of each step of the resolution process; and

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    (d) that they may be represented during the resolution process.

Negotiated Resolution

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Marginal note:Reasonable effort

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     (1) An employer or designated recipient, the principal party and, if contacted under section 22, the responding party, must make every reasonable effort to resolve an occurrence for which notice is provided under subsection 15(1) and those efforts must begin no later than 45 days after the day on which that notice is provided. However, if the occurrence is also investigated, it cannot be resolved under this section after the investigator has provided their report under subsection 30(1).

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    Marginal note:Review required

    (2) For the purposes of subsection (1), the reasonable effort includes a review by the principal party and the employer or designated recipient to determine whether the notice of occurrence provided under subsection 15(1) describes an action, conduct or comment that constitutes harassment and violence as defined in subsection 122(1) of the Act.

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    Marginal note:Joint determination — harassment and violence

    (3) For the purpose of subsection (1), resolution of the occurrence includes, but is not limited to, a joint determination by the principal party and the employer or designated recipient that the notice of occurrence provided under subsection 15(1) does not describe an action, conduct or comment that constitutes harassment and violence as defined in subsection 122(1) of the Act.

Conciliation

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Marginal note:Conditions

 The principal party and the responding party may attempt to resolve an occurrence for which notice is provided under subsection 15(1) by conciliation if they agree to conciliation and on a person to facilitate it. However, if the occurrence is also investigated, it cannot be resolved by conciliation after the investigator has provided their report under subsection 30(1).

Investigation

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Marginal note:When investigation is required

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     (1) Subject to subsection (2), if an occurrence is not resolved under section 23 or 24, an investigation of the occurrence must be carried out if the principal party requests it.

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    Marginal note:Investigation discontinued

    (2) If the occurrence being investigated is resolved under section 23 or 24 before the investigator has provided their report under subsection 30(1), the investigation must be discontinued.

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Marginal note:Notice of investigation

 An employer or the designated recipient must provide the principal party and the responding party with notice that an investigation is to be carried out.

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Marginal note:Selection of investigator

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     (1) Subject to subsection (2), an employer or designated recipient must select one of the following persons to act as the investigator:

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      (a) in the case where the employer and the applicable partner have jointly developed or identified a list of persons who may act as an investigator, a person from that list; and

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      (b) in any other case,

      • (i) a person that is agreed to by the employer or designated recipient, the principal party and the responding party, or

      • (ii) if there is no agreement within 60 days after the day on which the notice is provided under section 26, a person from among those whom the Canadian Centre for Occupational Health and Safety identifies as having the knowledge, training and experience referred to in subsection 28(1).

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    Marginal note:Limit

    (2) An employer or designated recipient may select a person to act as the investigator only if the person

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      (a) possesses the knowledge, training and experience referred to in subsection 28(1); and

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      (b) provides the employer or designated recipient, principal party and responding party with a written statement indicating that the person is not in a conflict of interest in respect of the occurrence.

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Marginal note:Investigator’s qualifications

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     (1) For the purposes of these Regulations, an investigator must

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      (a) be trained in investigative techniques;

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      (b) have knowledge, training and experience that are relevant to harassment and violence in the work place; and

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      (c) have knowledge of the Act, the Canadian Human Rights Act and any other legislation that is relevant to harassment and violence in the work place.

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    Marginal note:Statement of qualifications

    (2) A person or party referred to in subparagraph 27(1)(b)(i) who proposes that a person act as the investigator must provide the other persons and parties referred to in that subparagraph with the following information about the proposed investigator:

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      (a) their name;

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      (b) if they are an employee of the employer, their job title and the name of their immediate supervisor;

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      (c) a description of their knowledge, training and experience demonstrating that they meet the requirements of subsection (1); and

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      (d) a description of any experience that they have which is relevant to the nature of the occurrence that is to be investigated.

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Marginal note:Information for investigator

 An employer or the designated recipient must provide the investigator with all information that is relevant to the investigation.

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Marginal note:Investigator’s report

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     (1) An investigator’s report regarding an occurrence must set out the following information:

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      (a) a general description of the occurrence;

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      (b) their conclusions, including those related to the circumstances in the work place that contributed to the occurrence; and

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      (c) their recommendations to eliminate or minimize the risk of a similar occurrence.

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    Marginal note:Identity of persons

    (2) An investigator’s report must not reveal, directly or indirectly, the identity of persons who are involved in an occurrence or the resolution process for an occurrence under these Regulations.

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    Marginal note:Copies of report

    (3) An employer must provide a copy of the investigator’s report to the principal party, responding party, the work place committee or health and safety representative and, if they were provided with notice under subsection 15(1), the designated recipient.

 
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