As a Band Council subject to the Canada Labour Code – are you prepared for the new obligations to proactively address workplace harassment and violence that came into effect on January 1, 2021?
The Canada Labour Code (the Code) defines the rights and responsibilities of employers and employees in federally-regulated workplaces. Because the operations of Band Councils are considered a “federal work, undertaking or business”, First Nation Band Councils, in their role as employers, are federally-regulated and covered by the Code.
Part II of the Code – Occupational Health and Safety
Part II of the Code deals with occupational health and safety. The purpose of Part II is to prevent workplace accidents and injuries, including occupational diseases. However, effective January 1, 2021, changes have come into effect that significantly expand the obligations of employers under the Code. The new rules are designed to ensure that federally-regulated workplaces are free from harassment and violence.
As of January 1, 2021, employers who are subject to the Code are required to develop a workplace Harassment and Violence Prevention Policy. The new workplace policy must address, among other things: training, a process for resolving complaints, conducting workplace assessments, emergency procedures and support measures for employees who complain of harassment or violence in the workplace. For employers who employ 19 or fewer employees, this policy must be developed with the health and safety representative. Different requirements apply in the development of policies and procedures for larger employers. The employer’s policy will need to be made available to employees and employees will need to be provided with training on the policy and related procedures.
In addition to the requirement to develop a workplace Harassment and Violence Prevention Policy, effective January 1, 2021, there will also be new obligations on employers covered by the Code:
- Investigate occurrences of harassment and violence that are known to the employer and to provide support to employees affected by harassment and violence in the workplace;
- Ensure that employees receive training in harassment and violence prevention, including the new obligations under the Code;
- Ensure that the employer representative who receives complaints of harassment and/or violence has knowledge, training and experience in these issues, and knowledge of the legislative requirements; and
- Provide employees with copies of Part II of the Code, any applicable Regulations and copies of the employer’s relevant policies (as well as any other information required under Regulations).
Things you should be doing now
- Employers are required to conduct a Work Place Assessment, to identify risk factors in the workplace, taking specific factors into account
- Employers are required to develop preventative measures and an implementation plan for those preventative measures, within 6 months after the risk factors have been identified
- Develop emergency procedures to be implemented in the event of an occurrence of harassment or violence which poses an immediate danger to the health and safety of an employee
- Designate a person or a work unit as the Designated Recipient, who will be the person (or unit) to whom notice of an occurrence of harassment or violence is to be provided
- Employers must either develop or identify workplace harassment and violence training to be provided to employees. The training must cover the elements of the employer’s Work Place Harassment and Violence Prevention Policy, as well as a number of other elements.
- For new employees hired after January 1, 2021, this training must be given within 3 months after the start date of their employment; and
- For existing employees, employers have 1 year (to January 1, 2022) to provide them with training
Helpful resources
It is important to note that this summary is intended to be a high-level overview of the upcoming changes to the Code, and should not be taken as legal advice.
There are many resources available to help federally-regulated employers understand their obligations under the Code. For example, the Labour Program recently published one of its Interpretations, Policies and Guidelines (IPG) documents which addresses some key questions regarding these new obligations.
In addition, the federal government provided funding to a variety of organizations to develop tools and resources related to these upcoming changes. We would draw your attention to the materials produced by the Nokiiwin Tribal Council, designed specifically for Indigenous employers.
If you need assistance in better understanding these new requirements, we are here to help.
Please contact Westaway Law Group (Senior Counsel, Patricia Lawrence) for a complimentary one-on-one briefing on what your Band needs to know and the simple tools we can help you put in place to meet your obligations as an employer. We look forward to discussing how we might be of help.