PART 1R.S., c. L-2Canada Labour Code

Amendments to the Act

0.1 Subsection 122(1) of the Canada Labour Code is amended by adding the following in alphabetical order:

Marginal note:R.S., c. 9 (1st Supp.), s. 1

1 Section 122.1 of the Act is replaced by the following:

2 Section 123 of the Act is amended by adding the following after subsection (2):

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

Marginal note:2000, c. 20, s. 5; 2013, c. 40, ss. 177(1) and (2)

• 3 (1) Paragraphs 125(1)(c) to (e) of the Act are replaced by the following:

  • (c) except as provided for in the regulations, investigate, record and report, in accordance with the regulations, all accidents, occurrences of harassment and violence, occupational illnesses and other hazardous occurrences known to the employer;

  • (d) make readily available to employees, in printed and electronic form,

    • (i) a copy of this Part and a copy of the regulations made under this Part that apply to the work place,

    • (ii) a statement of the employer’s general policy concerning the health and safety at work of employees, and

    • (iii) any other information related to health and safety that is prescribed or that may be specified by the Minister;

• Marginal note:2000, c. 20, s. 5

  (2) Paragraph 125(1)(f) of the Act is replaced by the following:

  • (f) if the information referred to in any of subparagraphs (d)(i) to (iii) is made available in electronic form, ensure that employees receive appropriate training to enable them to have access to the information and, on the request of an employee, make a printed copy of the information available;

• Marginal note:2000, c. 20, s. 5

  (3) Paragraph 125(1)(z.16) of the Act is replaced by the following:

  • (z.16) take the prescribed measures to prevent and protect against harassment and violence in the work place, respond to occurrences of harassment and violence in the work place and offer support to employees affected by harassment and violence in the work place;

  • (z.161) ensure that employees, including those who have supervisory or managerial responsibilities, receive training in the prevention of harassment and violence in the work place and are informed of their rights and obligations under this Part in relation to harassment and violence;

  • (z.162) undergo training in the prevention of harassment and violence in the work place;

  • (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;

• (4) Section 125 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations respecting the investigations, records and reports referred to in paragraph (1)(c).

  • Marginal note:Former emloyees

    (4) Except as provided for in the regulations, the obligations set out in paragraphs (1)(c) and (z.16) apply to an employer in respect of a former employee in relation to an occurrence of harassment and violence in the work place if the occurrence becomes known to the employer within three months after the day on which the former employee ceases to be employed by the employer.

  • Marginal note:Extension

    (5) On application by a former employee, the Minister may, in the prescribed circumstances, extend the time period referred to in subsection (4).

  • Marginal note:Regulations — former employees

    (6) For the purpose of subsection (4), the Governor in Council may make regulations respecting an employer’s obligations in respect of former employees.

Marginal note:2000, c. 20, s. 8

4 Paragraph 126(1)(h) of the French version of the Act is replaced by the following:

Marginal note:2000, c. 20, s. 10

• 5 (1) Subsections 127.1(1) and (2) of the Act are replaced by the following:

  Marginal note:Complaint to supervisor

  • 127.1 (1) An employee who believes on reasonable grounds that there has been a contravention of this Part or that there is likely to be an accident, injury or illness arising out of, linked with or occurring in the course of employment shall, before exercising any other recourse available under this Part, except the rights conferred by sections 128, 129 and 132, make a complaint to the employee’s supervisor.

  • Marginal note:Supervisor or designated person

    (1.1) However, in the case of a complaint relating to an occurrence of harassment and violence, the employee may make the complaint to the employee’s supervisor or to the person designated in the employer’s work place harassment and violence prevention policy.

  • Marginal note:Oral or written complaint

    (1.2) The complaint may be made orally or in writing.

  • Marginal note:Resolve complaint

    (2) The employee and the supervisor or designated person, as the case may be, shall try to resolve the complaint between themselves as soon as possible.

• Marginal note:2000, c. 20, s. 10

  (2) The portion of subsection 127.1(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Investigation of complaint

    (3) The employee or the supervisor may refer an unresolved complaint, other than a complaint relating to an occurrence of harassment and violence, to a chairperson of the work place committee or to the health and safety representative to be investigated jointly

• (3) Subsection 127.1(8) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) in the case of a complaint relating to an occurrence of harassment and violence, the employee and the supervisor or designated person, as the case may be, failed to resolve the complaint between themselves.

• Marginal note:2013, c. 40, s. 180(3)

  (4) Subsection 127.1(9) of the Act is replaced by the following:

  • Marginal note:Investigation

    (9) The Minister shall investigate the complaint referred to in subsection (8) unless it relates to an occurrence of harassment and violence and the Minister is of the opinion that

    • a) the complaint has been adequately dealt with according to a procedure provided for under this Act, any other Act of Parliament or a collective agreement; or

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

  • Marginal note:Notice

    (9.1) If the Minister is of the opinion that the conditions described in paragraph (9)(a) or (b) are met, the Minister shall inform the employer and the employee in writing, as soon as feasible, that the Minister will not investigate.

  • Marginal note:Combining investigations — harassment and violence

    (9.2) The Minister may combine an investigation into a complaint relating to an occurrence of harassment and violence with an ongoing investigation relating to the same employer and involving substantially the same issues and, in that case, the Minister may issue a single decision.

• (5) Section 127.1 of the Act is amended by adding the following after subsection (11):

  • Marginal note:Former employees

    (12) A former employee may, within the prescribed time, make a complaint under subsection (1) relating to an occurrence of harassment and violence in the work place, in which case this Part applies to the former employee and to the employer as if the former employee were an employee, to the extent necessary to finally dispose of the complaint.

  • Marginal note:Extension

    (13) On application by a former employee, the Minister may, in the prescribed circumstances, extend the time period referred to in subsection (12).