Don’t Wait for an Order from an Enforcement Officer to Refresh your Bill C-65 Policy/Training Program

Bill C-65: Does your training need updating?

The Federal Government is enforcing and monitoring whether employers have updated their harassment and violence programs to include the Bill C-65 updates.

Amendments to Bill C-65 (42-1), which came into force on January 1, 2021, the Canada Labour Code (CLC) Part II, focusing on Workplace Harassment and Violence Prevention Regulations. The key changes of the Regulations are:

1. The amendment has strengthened and consolidated provisions under Part II of the CLC, emphasizing prevention, resolution, and support mechanisms.
   
2. There is now a  more comprehensive definition of harassment and violence, including sexual harassment and violence, discrimination, and family violence.
   
3. There is a focus on prevention by identifying root causes in the workplace.
   
4. The amendment has mandated that supervisors/managers  follow specific resolution steps within defined timeframes upon receiving reports of harassment and violence.
   
5. It is now mandatory to implement harassment and violence prevention training.
   
6. There are now enhanced privacy and confidentiality requirements.
   
7. There are now additional employer obligations towards former employees.

What is the new definition of harassment/violence?

The Canada Labour Code (subsection 122(1)) 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”.

which also includes any negative behaviours based on the prohibited grounds of discrimination identified in the Canadian Human Rights Act.

The definition for harassment and violence has been updated in the regulations and include but are not limited to the Harassment and Violence in the Workplace Negative Behaviours Matrix.

Harassment is not consensual workplace banter, reasonable management action, and every workplace disagreement.

Employers are required to provide harassment and violence training to:

• New employees within three (3) months after their first day of employment.
• Existing employees within one (1) year from the date the new regulations came into effect.
• Refresher training must be provided every three (3) years.

Bill C-65  Training Includes:   

• Identifying the new definition of harassment/violence, which includes:  bullying, sexual harassment, discrimination, violent behaviours and family violence.
• Differentiating between harassing and non-harassing behaviours.
• Identifying the protected grounds under the Canada Human Rights Act as they relate to discrimination.
• Recognize behaviours that could lead to workplace violence.
• Understand the steps to take if you or someone you witness is subjected to harassment, bullying, sexual harassment, discrimination, or violence.
• Describe employer and employee responsibilities and accountabilities.

Respect in the Workplace  HR Proactive Inc. provides Live-Virtual Instructor-led training or you can purchase off-the-shelf with minimal customization including your Brand/Logo and Company Policy, and can be uploaded almost immediately to your own Learning Management System (LMS) in a SCORM file. Federally regulated workplaces are leading the way in  Bystander Intervention Training to empower employees to be the first line of defence against harassment/discrimination and all forms of inappropriate behaviour.

HR Proactive Inc. Has Been Helping Build Respectful Workplaces Since 1997