The government has passed revised regulations under the Canada Labour Code that put in place a new process for incidents of violence and harassment in federal workplaces. Here are some highlights of the new process.

1. Notification: Making the employer aware

• Complainant or witness gives notice in writing or orally
• Employer or designated recipient confirms receipt within 7 calendar days
• Employer must also inform complainant about each step of the resolution process and their right to representation (by union or support person)

2. Negotiated resolution or conciliation: Talking it out

• Parties must make efforts to resolve the issue   
• Parties may use conciliation if acceptable to all.

Note: The use of conciliation does not rule out a formal investigation if the process is not successful.

3. Investigation: The new part

• An investigation of the occurrence must be carried out if requested
• Employer or designated recipient selects an investigator from a joint internal list who is agreed to by both parties
• If an investigator cannot be mutually agreed to, one is appointed from the government’s roster, after 60 days
• Investigator conducts their investigation

4. Completion of process

• Investigator provides report to employer, which includes (a) a general description of what happened; (b) conclusions; and (c) recommendations to eliminate or minimize the risk of a similar occurrence
• Employer provides investigator’s report to all parties andthe workplace committee or health and safety representative
• Employer and workplace committee or health and safety representative jointly determine which of the recommendations will be implemented
• All joint recommendations MUST be implemented by the employer

How it has improved

• a “designated recipient” receives harassment and violence complaints, so workers no longer have to file a complaint to their supervisor
• reasonable timeframes for resolution to better support the complainant and alleged perpetrator (7 days to respond to a notice of an incident, 60 days to appoint an Investigator, one year for the entire process to be wrapped up)
• confidentiality of all parties involved, including witnesses, throughout the investigation
• a unique process for employees victimized by a third party (for example, an employee harassed by a client)
• employer obligations to implement recommendations and/or corrective measures in response to the investigation report

Check out a more detailed road map.