Bill C-65 is an Act to amend the Canada Labour Code (CLC) and introduced a number of amendments to strengthen the existing framework for harassment and violence prevention. This includes sexual harassment and sexual violence, in federally regulated industries and workplaces.
Bill C-65 and the Regulations developed by ESDC came into force on January 1, 2021.
The Regulations combine harassment and violence provisions under Part II (Occupational Health and Safety) of the Canada Labour Code. The Regulations strengthen the framework regarding prevention, resolution and support mechanisms with respect to occurrences of harassment and violence in the workplace.
Section 122(1) of the Canada Labour Code defines harassment and violence as “any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment”.
The new Regulations apply to BC Waterfront employers, employees and ILWU members and casuals involved in an occurrence with another employee (employer or union side), or any person granted access to the workplace, such as truck drivers and contractors.
These Regulations simplify the process for longshore workers who experience or witness harassment and violence in the workplace to raise it. By providing easier ways to report it; informal means to resolve it and a streamlined process to investigate it, Waterfront Employers will have better means to prevent harassment and violence from recurring, and increasing the safety of all workers.
Supervisors/Managers/Foremen are the first line of defence in preventing harassment and violence in the workplace. They are expected to lead by example, support their employees and exemplify the values and ethics contained in the employer’s harassment and violence prevention policy.
A supervisor’s/manager’s/foreman’s role is ensuring a safe and healthy workplace for all employees which includes addressing any occurrence of harassment and violence as early as possible. An employee or witness who experiences workplace harassment and violence may choose to report it verbally or in writing to their supervisor/manager/foreman or the Employer’s designated recipient.
An employee or witness who experiences harassment and violence in the workplace should report it as soon as possible. Reports can be anonymous or non-anonymous. Please refer to Reporting Tab for more information:
Yes. Harassment and violence prevention is everyone’s responsibility. If you witness an occurrence, you can submit a Notice of Occurrence by any of the methods listed under “How do I submit a harassment or violence complaint?”
Once a Notice of Occurrence is received by a Manager/Supervisor/Foreman or a Designated Recipient, you should receive an acknowledgement of receipt within seven calendar days.
Yes. Employees and witnesses may choose to submit an anonymous notice of occurrence. In this case a resolution may be difficult to achieve if the identity of the parties cannot be determined through the information provided. The occurrence will, while maintaining all required privacy provisions, be forwarded to the Joint Health and Safety Committee who will jointly review, and if necessary, update the workplace harassment and violence assessment and determine if any additional preventative measures are required.
Support services are available to all parties involved in the occurrence process, including the Responding Party. A detailed list of these services can be located under the Support section of the main web page.
A harassment complaint initiated prior to 01 January 2021 falls under the regulations and policy in place prior to January 2021, however the employer may select to proceed under the new WPHVP resolution process.
Occurrences reported after 1 January 2021, involving a Waterfront employee and a 3rd party invited on site, will fall under the new Workplace Harassment and Violence Prevention policy.
The new regulations instil a preventative approach towards harassment and violence occurrences. The regulations support all parties involved in an occurrence and prevent adversarial or punitive measures.
The responding party is entitled to support throughout the process similar to that of the principal party, as applicable. During the resolution process both the principle and responding party have the right to be represented or accompanied by a union representative, colleague, friend or family member for support. Meanwhile, additional guidance and tools are being developed to explain the rights and available support to all parties involved in an occurrence. The ILWU also offers support and assistance to all employees and their family members who are affected by workplace harassment and violence in the workplace through the confidential Employee Assistance Program (EAP).
The Regulations require the employer to provide training to all new employees within 3 months of the date of hire and at least once every three years after that.
Further information on employee rights and employer obligations under the Workplace Harassment and Violence Prevention regulations can be found at: canada.ca/workplace-harassment-violence or call 1-800-641-4049
