44th Parl. 1st Sess.
June 5, 2024 02:00PM
moved that Bill C-378, An Act amending the Canada Labour Code (complaints by former employees), be read the second time and referred to a committee.
She said: Madam Speaker, I am pleased to speak today to my bill, Bill C‑378, an act to amend the Canada Labour Code in respect of former employees. It is designed to give former employees two years to file a complaint about workplace harassment or violence.
First, I am going to share a bit about my background so that members can have a better understanding of my interest in this bill as well as its legitimacy. The idea of introducing a bill that would give a former employee more time, namely two years, to file a harassment complaint under the Canada Labour Code came to me quite naturally. When I was the labour minister in Quebec's National Assembly, I revamped many of Quebec's labour standards. That was in 2018, under Bill 176.
Both then and now, Quebec's labour standards make no distinction between current and former employees. The standards used to allow current and former employees alike just three months to file a complaint. We felt that this time frame failed to make adequate allowance for the time it takes victims to bring a complaint. I therefore decided to take action and extend the time frame from three months to two years.
I soon transposed the thought process I had followed within the provincial government to the federal level. After leafing through the Canada Labour Code, I realized that, unlike Quebec's labour standards, the Canadian code did draw a distinction between former and current employees. At the federal level, for example, current employees who want to make harassment complaints are not held to any limitation period. Former employees, however, have three months. This time limit for former employees dates back to 2021, when Bill C‑65, an act to amend the Canada Labour Code regarding harassment and violence, came into force.
Some might say that three months is better than nothing, but to me, that seems like far too short a time frame for a former employee to make a complaint. That is essentially what I want to focus on. Although still far too short, this three-month time frame nonetheless offers some recourse to former employees who had none prior to 2021. I want to highlight this progress, brought about by Bill C‑65. In our opinion, however, former employees deserve much more generous recourse, and I am looking forward to collaborating with all my colleagues in a non-partisan way to achieve this goal together so we can mitigate the problems Canadians face in their professional lives.
Quebec is among the most empathetic provinces, though others are close behind it, but it is still far ahead of the federal government. Let us take a moment to understand how this works elsewhere in Canada. As I said, Quebec does not make any distinction between current and former employees, and it already gives employees two years. Five other provinces do the same, but they give them one year. They are Prince Edward Island, New Brunswick, Ontario, Saskatchewan and Newfoundland and Labrador. British Columbia gives former employees six months and has no time limit for current employees. The three other provinces, Alberta, Manitoba and Nova Scotia, do not provide former employees with any recourse. As for the territories, we did not find any data on their time frames for making a complaint.
Internationally, Canada's time frame is far less generous than those of many other countries, such as Belgium and France. In Belgium, former employees have five years to file a complaint, and the time frame can be suspended if the courts refer the matter back for internal handling. In France, the time frame is one year for contraventions punishable by fines. It increases to five years from the date of the last offence for more serious offences and can be increased to six years if the matter is taken up by a human rights tribunal or a criminal court.
In the United States, former employees have six months after the incident to file a complaint. That deadline can be extended to 10 months, if an employment discrimination law is applied by a local or government agency. In Australia, the deadline goes from six months to two years, and decision-makers are given a lot of discretion in that regard. In fact, the Australian Human Rights Commission imposes a six-month deadline but enables the president of the commission to hear complaints filed after the deadline, depending on the reasons for the delay. Again in Australia, complaints that fall under the Sex Discrimination Act can be filed up to two years after the date of the last incident.
I would like to remind the House that, here in Canada, employees have only three months to file a complaint. It is important to point out that, in some cases, complaints can be filed after the three-month deadline under Bill C‑65, which amended the Canada Labour Code in 2021. Part 2 of that legislation states the following, and I quote:
Extension
(5) On application by a former employee, the Head may, in the prescribed circumstances, extend the time period referred to in subsection (4).
The law thus allows for an extension of this three-month period, but that extension is conditional. Therefore, the burden is on the former employee to justify this application for an extension. This basically amounts to a burden of proof. They must file an application and justify it with circumstances such as trauma or a health problem. According to the application guide issued by the government, the person must provide documents such as a report from a social worker, an organization specializing in domestic violence, a police report, a doctor's note or even a solemn declaration made before a notary.
Clearly, the legislator anticipated that victims might find themselves in these kinds of circumstances and even provided for the possibility of granting more than the standard three months. In a way, the government is recognizing the potential difficulties victims may experience. Everyone can easily understand that asking for justification for a harassment complaint adds extra pressure.
The Canada Labour Code defines harassment and violence as follows:
...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.
A three-month time limit seems too short for such difficult experiences. Employees who were harassed may not always realize it right away. The road is a long one between experiencing harassment, realizing what happened, living through the accompanying trauma, and deciding to file a complaint. The trauma can surface long after the incident and even long after the termination of employment.
We had hoped to obtain some statistics on where things stand today. Unfortunately, and to our astonishment, this will be difficult. Apparently, the federal department responsible for compiling and publishing the annual results on workplace harassment and violence skipped some years. In fact, we have no summary for 2022 or 2023. The last report dates back to the 2021 annual report entitled “Taking action against harassment and violence in work places under Canadian federal jurisdiction”.
Honestly, it would have been extremely helpful to us and relevant to our debate today to know the number of complaints rejected because of the three-month deadline. We have no access to these data now because the necessary reports were not published and, more importantly, because the government did not think that compiling this information was important.
As I continued to look for that data, I turned to the office of the Minister of Labour and Seniors. A request was made, but we have not received a real answer to date.
Finally, I asked for the help of researchers at the Library of Parliament.
Here is what those experts told me on November 3, 2023, with regard to the reports that must be tabled by the government.
While employers are required to report the average time to complete the informal resolution process, this information was not made public in the 2021 annual report. Further, there is no requirement to collect data on the number of former employees who make complaints, nor on requests for extensions. Thus there are no statistics available on the requests for or approvals of extensions for reasons of trauma or health by former federally regulated employees.
Quite frankly, I would be extremely surprised if no complaints had been dismissed because they were submitted after the three-month deadline. I would be very surprised. Actually, I do not believe that at all. I therefore invite the government to be more rigorous and to divulge that information.
Cindy Viau, the director general of Quebec's Groupe d'aide et d'information sur le harcèlement au travail told me that what was done in Quebec under my leadership corrected a shortcoming that was caused by the short time frame. She told me why we absolutely need to extend this deadline. She said:
The increased time limit at the provincial level (to two years) clearly showed how important it is for victims to have more time to take action. In our experience in recent years, the two-year time limit that was adopted seems to be much more in line with the needs of victims. We still find that a majority of victims of harassment take medical leave following the events and that the end of their employment will come close to or near their medical leave. In that sense, people who turn to our organization still find it really difficult to report within such a short period of time, 90 days. One explanation shining a light on this particular need of victims of workplace harassment emerges when we look specifically at post-traumatic stress disorder. The National Institute of Mental Health aptly summarizes the reality of people who develop this mental disorder. Symptoms generally appear within three months of the event, and although some people may recover within six months of the onset of symptoms, many will take a year or longer to recover.
In addition, at the provincial level, we note from our experience that very few people [and this is interesting] who contact us find it difficult to initiate the complaint process within the two years set out in the Act respecting labour standards. Since the time limit was changed in 2018, we have only on very rare occasions had to explain to a victim that they had missed their deadline to file a complaint.
This change that I brought about at the provincial level is recognized and appreciated. I am asking that it be transposed to the context of the Canada Labour Code for former federally regulated employees.
I will close by saying that we are making policy. We are committed to making a difference. We want to improve people's lives. I think that taking this kind of action, passing this kind of legislation, can make a difference in people's lives. At night, when my day is done, I look at myself in the mirror and think to myself, I may have changed someone's life today. That is a good thing.
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- Jun/5/24 7:14:47 p.m.
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Madam Speaker, I thank my colleague for the question and his comments. I do indeed have the numbers. Unfortunately, I do not have them with me, but I would be happy to send my colleague the data he is looking for on complaints received, which are compiled by the Commission des normes, de l'équité, de la santé et de la sécurité du travail, or CNESST, Quebec's labour board, which is well known in Quebec. The CNESST compiles all this information.
My colleague used the word “courage”, which is very important and stands out to me. As he said, it takes courage to make a complaint. In civil society, it takes courage for victims, in particular women, who are experiencing domestic violence, intimate partner violence or various other difficulties, to go to the police to give a statement and file a complaint.
It takes a lot of courage, but it also takes time. If the person does not have the time to do it, three months may go by without them realizing what has happened, but by then it is too bad, nothing can be done. It takes courage, but it takes time too.
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- Jun/5/24 7:39:26 p.m.
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Madam Speaker, I rise today to speak about an important private member's bill that seeks to amend the Canada Labour Code concerning complaints by former employees. The bill, if enacted, would mark a significant step forward in protecting the rights and dignity of workers across our nation.
As the labour critic for the New Democratic Party, I have had the privilege of advocating for the rights and well-being of workers. It is with this responsibility in mind that I address the bill, which aims to extend the protection against harassment and violence in the workplace to former employees.
Let us begin by acknowledging the harsh reality many workers face today. Harassment and violence in the workplace are not merely issues of discomfort or inconvenience. They are violations of human dignity and safety that could have profound and lasting impacts on individuals. The scars left by such experiences do not simply vanish once an employee leaves their job. The trauma can linger, affecting their mental health, their confidence and their overall well-being.
The bill would address these realities by amending the Canada Labour Code to extend the time frame in which former employees can file complaints about workplace harassment and violence. Specifically, it would allow former employees to bring forward complaints for up to two years after their employment has ended. This is a crucial change, and I want to emphasize why it is so important.
First, the amendment would recognize that the decision to report harassment or violence can be a difficult and complex one. Often, employees may feel trapped in their situation, fearing retaliation or further harm if they come forward. By extending the time frame to two years postemployment, we are giving individuals the space and the safety to report incidents when they are ready, without the immediate threat of losing their livelihood.
Second, the bill would hold employers accountable for their actions and for the environment they cultivate, even after the employee has left. It is not enough for an employer to simply let time pass and hope that issues will be forgotten. By maintaining their obligations towards former employees, employers are encouraged to address problems promptly and thoroughly, fostering a safer and more respectful workplace for everyone.
Further, the bill is a testament to basic justice and fairness. It sends a clear message that no worker should be left without recourse simply because they have moved on to another job. It affirms that their rights and dignity are worth protecting, regardless of their employment status. This aligns with the core values of the New Democratic Party, in which the fight for workers' rights is a foundation of our values. The provision, which would allow former employees to make complaints as if they were still employed, is particularly significant, because it would ensure that the full weight of the Canada Labour Code applies to these cases, providing a framework for addressing their concerns.
This is not just about extending a deadline, as we have heard from the Liberal side. It is about ensuring that the mechanisms for justice are accessible and effective for all workers. However, while the bill is a positive step, there are gaps and potential areas for improvement that we must consider, hopefully at the committee stage, to make the legislation stronger and, indeed, to strengthen it for workers.
One significant gap is the lack of specified support mechanisms for former employees who have come forward with complaints. The bill should outline access to counselling, legal advice or other support services to assist former employees through the complaint process. Enforcement and compliance are also critical areas that need strengthening. The bill must ensure real enforcement mechanisms to hold employers accountable. Clear penalties for non-compliance and measures to ensure that complaints are thoroughly investigated and resolved are essential to the bill's success.
Protection from retaliation is another vital aspect. While the bill would extend the lifetime for complaints, it should also include specific protections against retaliation for former employees who come forward. This could include protections for their professional reputation and future employment prospects. Public awareness and education are crucial for the effectiveness of the legislation. The bill should include a comprehensive plan for publicizing these extended rights and educating both current and former employees about the changes. Perhaps including the Canada Labour Congress, federations of labour and district labour councils across the country would help in this regard.
The scope of coverage is another area that I feel needs to be broadened. Hopefully that will be explored at the appropriate time. The bill focuses on harassment and violence, but it does not address other potential grievances that former employees might have, such as racial discrimination, wage theft and unfair dismissal. Expanding the scope to include a broader range of employment issues could provide more comprehensive protection.
Timeliness and efficiency in resolving complaints are also essential. The bill should ensure that the processes for handling complaints are timely and efficient. Delays in resolving complaints can prolong the distress for former employees and may discourage others from coming forward.
The responsibilities of employers need to be clearly defined. While the bill would hold employers accountable for addressing complaints, it should also specify what proactive measures employers must take to prevent harassment and violence in the first place. This could include mandatory training programs, regular reviews of workplace policies and creating a culture of respect and safety. Data collection and reporting provisions would also be valuable additions to this bill. Collecting and reporting data on complaints made by former employees can help identify trends, assess the effectiveness of the legislation and make future improvements.
As I have mentioned before, coordination with stakeholders is important, but so is coordination with provincial bodies. Coordination with provincial laws is an important consideration that I do not believe has been adequately covered in this bill. Since labour laws can vary significantly between provinces, we should look at ways to help coordinate with provincial labour laws to ensure consistent protection for all workers across Canada.
Finally, including a mechanism for regular review and feedback on the implementation of the bill could help identify any issues and make the necessary adjustments. This could involve input from workers, employers, labour organizations and other stakeholders. In my role as labour critic, I have heard from countless individuals who have experienced workplace harassment and violence. Their stories are heartbreaking and infuriating, but they are also calls to action. We must do more to protect workers and ensure that their voices are heard. This bill is a step in the right direction.
We must also recognize the broader context in which this bill would operate. I spoke it about it briefly previously, but I will say it explicitly, particularly in light of the ongoing federal Black class action lawsuit, which is a landmark legal action addressing systemic discrimination and harassment faced by Black employees within the federal public service. For decades, these workers have reported experiencing pervasive racism, barriers to advancement and a hostile work environment that undermined their dignity and professional growth.
Black employees had to create a class action lawsuit to seek the kind of justice and comprehensive redress I have been speaking about in my remarks today as a New Democrat. I think this further highlights the urgent need for legal protections and accountability measures. By extending the time frame to file complaints and holding employers accountable, I believe this bill would provide an indirect support to those aims of the class action lawsuit, which would ensure that those who have suffered long-standing discrimination would have the opportunity to seek redress and contribute to the creation of a fair and more inclusive workplace for all.
In summary, this amendment to the Canada Labour Code is a necessary and overdue measure to protect workers from the lasting impacts of harassment and violence. These are measures that New Democrats, the only labour party in the country, have been fighting for for decades. It would hold employers accountable, empower former employees and align with the NDP's fundamental principles of justice and fairness.
I am proud to support this bill going to committee, and I urge my colleagues to do the same. I urge colleagues in this chamber to consider the human impact of this legislation and think about the workers who have had to suffer in silence, and who have felt powerless and abandoned. I urge members to think about the message we send them when we say that their experiences matter, that their safety and dignity are paramount. This is not a partisan issue. It is a matter of basic human rights.
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