Proceedings of the Standing Senate Committee on
Human Rights

Issue No. 31 - Minutes of Proceedings - June 14, 2018


OTTAWA, Thursday, June 14, 2018
(65)

[English]

The Standing Senate Committee on Human Rights met this day at 4:15 p.m., in room 160-S, Centre Block, the deputy chair, the Honourable Jane Cordy, presiding.

Members of the committee present: The Honourable Senators Ataullahjan, Cordy, Cormier, Hartling, Housakos, Ngo, Pate and Seidman (8).

Also present: The official reporters of the Senate.

Pursuant to the order of reference adopted by the Senate on Thursday, June 7, 2018, the committee continued its examination 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.

The deputy chair made a statement.

It was agreed that the committee proceed to clause-by-clause consideration of Bill C-65.

It was agreed that the title stand postponed.

The deputy chair asked whether clause 0.1 shall carry.

The Honourable Senator Pate moved:

That Bill C-65 be amended in clause 0.1, on page 1, by replacing line 7 with the following:

"harassment and violence includes any action, conduct or''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 0.1, as amended, carry.

The deputy chair asked whether clause 1 shall carry.

The Honourable Senator Pate moved:

That Bill C-65 be amended in clause 1, on page 1, by replacing lines 15 to 19 with the following:

"122.1 the purpose of this Part is to

prevent accidents, occurrences of harassment and violence and physical or psychological injured and illnesses arising out of, linked with or occurring in the course of employment to which this part applies;

recognize that every employee has the right to employment that is free from harassment and violence; and

advance gender equality, address issues of racism and ensure that the rights of women workers, including those who face intersectional forms of discrimination, are respected, protected and fulfilled.''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 1, as amended, carry.

It was agreed that clause 2 carry.

Before the deputy chair asked whether clause 3 shall carry, the Honourable Senator Pate moved:

That Bill C-65 be amended on page 2, by adding after line 6, the following:

"2.1 The Act is amended by adding the following after section 123:

123.1 For greater certainty, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act.''.

After debate, the question being put on the motion in amendment that new clause 2.1 carry, it was adopted.

The deputy chair asked whether clause 3 shall carry.

The Honourable Senator Pate moved:

That Bill C-65 be amended in clause 3, on page 3, by adding the following after line 8:

"(z.163) ensure that the work place is free from harassment and violence:''.

After debate, the question being put on the motion in amendment, it was adopted.

The deputy chair asked whether clause 3 shall carry.

The Honourable Senator Pate moved:

That Bill C-65 be amended in clause 3, on page 3, by adding the following after line 8:

"(z.163) ensure that the person designated by the employer to receive complaints relating to occurrences of harassment and violence has knowledge, training, and experience in issues relating to harassment and violence and has knowledge of relevant legislation;''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 3, as amended, carry.

It was agreed that clause 4 carry.

The deputy chair asked whether clause 5 shall carry.

The Honourable Senator Pate moved:

That Bill C-65 be amended in clause 5, on page 4, by adding the following after line 25:

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

(4) The persons who investigate the complaint shall inform the employee and the employer in writing, in the form and manner prescribed if any is prescribed, of the results of the investigation and provide them with a copy of the investigation report.''.

After debate, the question being put on the motion, it was adopted.

The deputy chair asked whether clause 5 shall carry.

The Honourable Senator Pate moved:

That Bill C-65 be amended in clause 5, on page 5, by replacing line 11 with the following:

"(b) the matter is otherwise an abuse of process.''.

After debate, the question being put on the motion, it was adopted.

It was agreed that clause 5, as amended, carry.

It was agreed that clause 6 carry.

It was agreed that clause 7 carry.

It was agreed that clause 8 carry.

It was agreed that clause 9 carry.

It was agreed that clause 10 carry.

It was agreed that clause 11 carry.

The deputy chair asked whether clause 11.1 shall carry.

The Honourable Senator Pate moved:

That Bill C-65 be amended, in clause 11.1:

(a) on page 7, by replacing line 37 with the following:

"139.1 (1) The Minister shall prepare and publish an annual''; and

(b) on page 8, by adding the following after line 5:

(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.''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 11.1, as amended, carry.

It was agreed that clause 12 carry.

It was agreed that clause 13 carry.

It was agreed that clause 14 carry.

It was agreed that clause 15 carry.

It was agreed that clause 16 carry.

It was agreed that clause 17 carry.

It was agreed that clause 18 carry.

It was agreed that clause 19 carry.

It was agreed that clause 20 carry.

The deputy chair asked whether clause 21 shall carry.

The Honourable Senator Pate moved:

That Bill C-65 be amended, in clause 21, on page 13, by adding the following after line 35:

"(3) For greater certainty, subject to section 2, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act.''.

After debate, the question being put on the motion in amendment, it was adopted.

The deputy chair asked whether clause 21 shall carry.

The Honourable Senator Pate moved:

That Bill C-65 be amended, in clause 21, on page 16,

(a) by replacing line 1 with the following:

"88.7 (1) The Board shall, as soon as possible after the end of''; and

(b) by adding the following after line 10:

"(2) The report must contain statistical data relating to harassment and violence in work places to which this Part applies, including information that is categorized according to prohibited grounds of discrimination under the Canadian Human Rights Act. 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.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 21, as amended, carry.

It was agreed that clause 22 carry.

It was agreed that clause 23 carry.

It was agreed that clause 24 carry.

It was agreed that the title carry.

It was agreed that the Law Clerk be authorized to renumber clauses to reflect clauses that have been negatived from the bill with any cross-references to be renumbered accordingly.

It was agreed that the bill, as amended, carry.

The committee discussed draft observations.

After debate, it was agreed that draft observations be adopted.

It was agreed that the Subcommittee on Agenda and Procedure be empowered to approve the final version of the draft observations being appended to the report taking into consideration today's discussion with any necessary editorial, grammatical or translation changes as required.

It was agreed that Bill C-65 be reported, with amendments and with observations, to the Senate.

At 4:46 p.m., the committee adjourned to the call of the chair.

ATTEST:

Joëlle Nadeau
Clerk of the Committee