Bill C-65 Harassment and Violence Prevention in the Workplace

An amendment to the Canada Labour Code

Bill C-65 has created new obligations for federally regulated employers. SD Law offers a self-paced Webinar entitled "Highlights of Bill C-65" that outlines the changes that employers must become aware of and attend to before December 31st 2021. It is important that employers comply with these new changes to address workplace harassment and violence in their organization. If an employer fails to comply with the Canada Labour Code and the requirements under Bill C-65, they may face fines that accumulate daily for each contravention to a maximum fine of $250,000.00. Employers are required to complete the mandatory changes by December 31st, 2021.

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Unfortunately, harassment and violence in the workplace isn't uncommon, recently, however, the Canadian government has passed Bill C-65 which aims to prevent unfavorable incidents and behaviors in the workplace.

If you're a Canadian business owner, it's very important that you are more than just aware of these changes. It is important to be in tune with what they mean for your unique establishment – and Suzanne Desrosiers Professional Corporation can help.

Our lawyers will take the time to go over the Bill with you and indicate changes that you need to make to your business.

To get started, we invite you to dial (705) 268-6492.

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Ensuring Your Employees Are Trained to Respond to Incidents of Harassment

A significant part of Bill C-65 is ensuring that your management teams know how to respond to cases of workplace harassment and incidents that are alleged. Businesses and organizations are required to have their staff undergo training on workplace harassment and violence prevention, and our team is happy to offer the training for teams like yours.

We offer all the required training and a certificate of completion to each participant. This certificate is very important in the case you are audited and could save you hundreds of thousands of dollars in legal fines.

Ensuring that your employees understand what is and is not acceptable in the workplace, and how to react to unsavory incidents will make your organization safer and more productive too.

Understanding the Importance of a Harassment-Free Workplace

Individuals who face harassment in the workplace carry a burden with them every day. Not only will it decrease their employee satisfaction and productivity, but it could cause you to lose a valued member of your team too.

More importantly, however, every individual should be able to show up to work knowing that they are protected against inappropriate behavior and violence, and that perpetrators of harassment can and will be held accountable.

Finding ways to prevent and deal with harassment head-on isn't always easy but doing so is incredibly important. By creating safer, more kind and caring workplaces, we increase the success of our businesses too.

Find Great Rates on Employee Training from Suzanne Desrosiers Professional Corporation

Although businesses are now required to train their employees in harassment prevention, you don't want it to blow your budget, and that's where Suzanne Desrosiers Professional Corporation comes in. We are proud to provide competitive rates on employee training while prioritizing the value of the coursework itself. Whether you have 10 or 50 employees, our legal experts can create a training program that suits your needs.

If you'd like to learn how much our training services will cost before you invest, don't hesitate to contact our experts. We'll be happy to provide you with detailed pricing information from the get-go.

That being said, SD law is here to help. Please reach out to our team of lawyers for assistance in getting your organization up to speed with the mandatory changes imposed by Bill C-65. The following includes a summary of some of the important changes that employers must implement before December 31st 2021 to be in compliance with Bill C-65 to prevent and respond to workplace harassment and violence in their organizations.

Mandatory Training Requirements: With the implementation of Bill C-65, federally regulated employers are required to train all staff, including management and the designated recipient on workplace harassment and violence prevention and response in the workplace. This mandatory training must be provided by a competent individual or service.

Employers can work jointly with the applicable partner (workplace health and safety committee, policy health and safety committee or the health and safety representative) to develop or identify the training on workplace harassment and violence. Employers can satisfy this training requirement by hiring a competent third-party to provide the training to all employees. The training must cover the elements of harassment and violence, human rights protections under the Canadian Human Rights Act, how to recognize, prevent and minimize workplace harassment and violence, crisis prevention, personal safety, de-escalation techniques and how to respond appropriately.

The SD Law self-paced webinar entitled, "Bill C-65 Mandatory Training on Prevention of Harassment & Workplace Violence for Employees covers all the required training (and more) and provides a certificate of completion for each individual employee who completes the course. Having proof of completion may prove valuable to employers if an audit is conducted to ensure mandatory training has been completed. Employers must satisfy all training requirements to avoid costly consequences which can include fines of up to $250,000.

SD Law also offers specific training for employers which is provided in two parts:

  • Bill C-65 Mandatory Training on Prevention of Harassment & Workplace Violence for Employees ; and
  • Comprehensive step-by-step checklists and explanations to practically assist employers as they take the necessary steps to comply with all aspects of Bill C-65 including, but not limited to, training employees, conducing the workplace risk assessments, selecting a designated recipient, responding to notices of occurrences, providing assistance with the resolution process from conciliation and investigations, and addressing policy updates, etc.

There are strict timelines that must be followed to avoid non-compliance and potential penalties. It is mandatory that training is completed by all employees on or before December 31st, 2021 and for new hires within 3 months of being hired. . Reach out to our knowledgeable team of lawyers to learn about specific timelines that are applicable to your organization.

Mandatory Workplace Risk Assessments: To be in compliance with Bill c-65, it is necessary to conduct a workplace risk assessment which will determine both the internal and external risk factors that may contribute to workplace harassment and violence specifically in your organization. Within six (6) months of the risk factors being identified, it is the employer's responsibility to implement recommendations to lower the risk of harassment and violence in your workplace where possible. This process also needs to be completed by December 31st to be in compliance with Bill C-65 and avoid costly fines of up to $250,000.00.

At SD Law, we have lawyers who are certified to provide workplace risk assessments or can help guide the employers through conducting their own assessment. Please contact us if you require assistance or have questions regarding workplace risk assessments.

Mandatory Prevention Policy: All federally regulated workplaces are required to implement a new Workplace Harassment and Violence Prevention Policy that complies with Bill C-65. Bill C-65 outlines a list of the required content that makes for a very comprehensive policy. It is wise to consult an employment lawyer when drafting or amending policies generally, and specifically with regards to Bill C-65. If an organization does not get legal advice in this process, it can lead to very costly mistakes within policy that can harm both employees and employers. If a federally regulated employer's policies do not comply with the Canada Labour Code has a whole, and Bill C-65 then an employer can face fines of up to $250,000.00.

How Bill C-65 Changes Workplace Investigations

In the past, companies were left to develop and implement their own harassment and violence policies. This left some wide gaps in the system and made victims vulnerable to increased harm. In 2020, new regulations published by the Labour Ministry of Canada addressed this problem.

You may be wondering how Bill C-65 changes workplace investigations. New procedures and specific requirements are outlined by the Canadian government, which include:

  • Establish actionable time frames for resolution of complaints
  • Support and protection for complainants
  • Confidentially for all parties
  • Qualified investigation committees
  • Obligation of employers to respond and implement corrective measures

Failure to comply with these new standards can result in a hefty penalty. To learn more about our affordable training sessions for businesses, get in touch with our team for a risk-free consultation.

Bill C-65 Legislation: What Employers Need to Know

In summary, as of January 1, 2021, employers must launch a third-party investigation into all misconduct complaints. You will also be required by law to:

  • Assess your workplace
  • Develop and adhere to a workplace violence and harassment prevention policy
  • Implement staff training
  • Establish a protocol for dealing with incidents thoroughly

We understand that taking on the development and implementation of these new protocols on your own can be a cumbersome task. Get it right the first time, and make sure no part of the training requirements is missed with our carefully crafted employee training sessions.

Get in touch with our experts to learn more during a no-obligation consultation.

Workplace Harassment and Violence Prevention Regulations for Bill C-65

Some of the changes to the laws surrounding workplace harassment and violence prevention regulations for Bill C-65 include:

  • Recognizing instances of harassment, bullying, sexual misconduct, discrimination, and violent behaviour in your workplace
  • Identifying the difference between harassment and non-harassment behaviours
  • Spotting any type of behaviour that may lead to escalated violence in the workplace
  • Understanding what steps must come next when you are witness to workplace violence, harassment, or discriminatory actions
  • Understanding human rights law
  • Outlining employer and employee conduct responsibilities and accountability

To avoid penalties, your business must commit to establishing and implementing proactive procedures. That's where we come into the picture. We're the law professionals who keep your company in compliance with legislation changes that can seriously affect the way you do business.

Connect with us to learn more about our affordable group training sessions.

Comprehensive Bill C-65 Training

Allow our professional trainers to get your staff up to speed with Bill C-65 training packages that are designed to fulfill all parts of the Canadian government's new requirements. Our sessions are appropriate for all levels of staff, from new hires to senior management. We'd like the opportunity to discuss your unique needs during a zero-risk consultation. Call or email our experts to learn more.

When Does Bill C-65 Come into Force?

As of January 1, 2021, federal companies in Canada must adhere to the requirements outlined in Bill C-65.

Mandatory training for all staff must be completed no later than 3 months after joining your team, and existing employees must receive updated training no later than 1 year from January 1, 2021. You are also required to provide updated training to refresh knowledge every three years.

At SD Law, our lawyers have experience drafting, reviewing and amending workplace policies as well as harassment and violence prevention polices and are available to assist you.

It is important that employers provide safe workplaces that are free from harassment and violence; Bill-C65 provides the proactive and reactive measures to best prepare employers to do so.

Contact Suzanne Desrosiers Professional Corporation to Get Started

If it's time to invest in employee anti-violence and harassment training, Suzanne Desrosiers Professional Corporation is the name to know and we invite you to contact us at your next earliest convenience.

Our legal team will support you as you prepare your team, and we look forward to working with you!