Bill
C-65
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Canada Labour Code
Amendments to the Act
Transitional Provision
Coordinating Amendments
Coming into Force
Parliamentary Employment and Staff Relations Act
Amendments to the Act
Coordinating Amendment
Coming into Force
Budget Implementation Act, 2017, No. 1
Explanatory Notes
First Session, Forty-second Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-65
An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1
FIRST READING, November 7, 2017
MINISTER OF EMPLOYMENT, WORKFORCE DEVELOPMENT AND LABOUR
90860
SUMMARY
Part 1 of this enactment amends the Canada Labour Code to strengthen the existing framework for the prevention of harassment and violence, including sexual harassment and sexual violence, in the work place.
Part 2 amends Part III of the Parliamentary Employment and Staff Relations Act with respect to the application of Part II of the Canada Labour Code to parliamentary employers and employees, without limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members.
Part 3 amends a transitional provision in the Budget Implementation Act, 2017, No. 1.
Available on the House of Commons website at the following address:
www.ourcommons.ca
TABLE OF PROVISIONS
An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1
 
PART 1 
Canada Labour Code
Amendments to the Act
1 
Transitional Provision
18 
Requests received before coming into force
Coordinating Amendments
19 
2017, c. 20
Coming into Force
20 
Order in council
PART 2 
Parliamentary Employment and Staff Relations Act
Amendments to the Act
21 
Coordinating Amendment
22 
2017, c. 20
Coming into Force
23 
2017, c. 20
PART 3 
Budget Implementation Act, 2017, No. 1
24 
1st Session, 42nd Parliament, 
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-65
An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1 
R.‍S.‍, c. L-2
Canada Labour Code
Amendments to the Act
R.‍S.‍, c. 9 (1st Supp.‍), s. 1
1 Section 122.‍1 of the Canada Labour Code is replaced by the following:
Prevention of accidents, injuries and illnesses
122.‍1 The purpose of this Part is to prevent accidents and physical or psychological injuries and illnesses arising out of, linked with or occurring in the course of employment to which this Part applies.
2 Section 123 of the Act is amended by adding the following after subsection (2):
Persons appointed and their employer
(2.‍1) This Part applies to persons appointed under subsection 128(1) of the Public Service Employment Act, other than persons appointed by a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, and to their employer.
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 or violence, occupational illnesses and other hazardous occurrences known to the employer;
(d) make readily available to employees, in printed or 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;
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;
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;
(4) Section 125 of the Act is amended by adding the following after subsection (2):
Regulations
(3) The Governor in Council may make regulations respecting the investigations, records and reports referred to in paragraph (1)‍(c).
2000, c. 20, s. 8
4 Paragraph 126(1)‍(h) of the French version of the Act is replaced by the following:
h) de signaler, selon les modalités réglementaires, tout accident ou autre incident ayant causé, dans le cadre de son travail, une blessure à lui-même ou à une autre personne;
2000, c. 20, s. 10
5 (1) Subsection 127.‍1(1) of the Act is replaced by the following:
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.
2000, c. 20, s. 10
(2) The portion of subsection 127.‍1(3) of the Act before paragraph (a) is replaced by the following:
Investigation of complaint
(3) The employee or the supervisor may refer an unresolved complaint, other than a complaint relating to an occurrence of harassment or 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 or violence, the employee and the supervisor failed to resolve the complaint between themselves.
2013, c. 40, s. 180(3)
(4) Subsection 127.‍1(9) of the Act is replaced by the following:
Investigation
(9) The Minister shall investigate the complaint referred to in subsection (8) unless it relates to an occurrence of harassment or 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 trivial, frivolous or vexatious.
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.
Combining investigations — harassment or violence
(9.‍2) The Minister may combine an investigation into a complaint relating to an occurrence of harassment or 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.
6 Section 134.‍1 of the Act is amended by adding the following after subsection (4):
Investigation — harassment or violence
(4.‍1) Despite paragraph (4)‍(d), a policy committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment or violence in the work place.
2000, c. 20, s. 10
7 (1) Subsections 135(3) to (5) of the Act are repealed.
2013, c. 40, s. 185(1)
(2) Paragraph 135(6)‍(a) of the Act is replaced by the following:
(a) at an employer’s request, the Minister may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place;
(3) Section 135 of the Act is amended by adding the following after subsection (6):
Posting of request
(6.‍1) A request for an exemption must be posted in a conspicuous place or places where it is likely to come to the attention of employees, and be kept posted until the employees are informed of the Minister’s decision in respect of the request.
(4) Section 135 of the Act is amended by adding the following after subsection (7):
Investigation — harassment or violence
(7.‍1) Despite paragraph (7)‍(e), a work place committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment or violence in the work place.
8 The Act is amended by adding the following after section 135.‍1:
Information likely to reveal identity
135.‍11 (1) Neither the Minister nor an employer shall, without the person’s consent, provide, under this Part, a policy committee or a work place committee with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment or violence in the work place. Neither a policy committee nor a work place committee shall have access to that information without the person’s consent.
Exception
(2) Subsection (1) does not apply with respect to
(a) information provided under section 128 or 129 or a direction or report relating to the application of those sections; or
(b) a decision, reasons or a direction referred to in subsection 146.‍1(2).
2000, c. 20, s. 10
9 Paragraph 135.‍2(1)‍(g) of the Act is replaced by the following:
(g) requiring a committee to submit an annual report of its activities, containing the prescribed information, to a specified person in the prescribed manner and within the prescribed time; and
10 Section 136 of the Act is amended by adding the following after subsection (5):
Investigation — harassment or violence
(5.‍1) Despite paragraph (5)‍(g), a health and safety representative shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment or violence in the work place.
11 The Act is amended by adding the following after section 136:
Information likely to reveal identity
136.‍1 (1) Neither the Minister nor an employer shall, without the person’s consent, provide, under this Part, a health and safety representative with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment or violence in the work place. A health and safety representative shall not have access to that information without the person’s consent.
Exception
(2) Subsection (1) does not apply with respect to
(a) information provided under section 128 or 129 or a direction or report relating to the application of those sections; or
(b) a decision, reasons or a direction referred to in subsection 146.‍1(2).
2013, c. 40, s. 190
12 Subsection 140(3) of the Act is replaced by the following:
Exception
(3) The powers, duties or functions of the Minister provided for in section 130, subsections 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2) shall not be the subject of an agreement under subsection (2).
2013, c. 40, s. 196
13 Subsection 145.‍1(2) of the Act is replaced by the following:
Status
(2) For the purposes of sections 146 to 146.‍5, an appeals officer has all of the powers, duties and functions of the Minister under this Part, except for those referred to in subsection (1), section 130, subsections 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2).
14 Subsection 157(1) of the Act is amended by adding the following after paragraph (a):
(a.‍01) defining the expressions “harassment” and “violence” for the purposes of this Part;
15 The Act is amended by adding the following after section 160:
Pilot projects
161 Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve the prevention of accidents, injuries and illnesses arising out of, linked with or occurring in the course of employment to which this Part applies, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project, and adapting any such provision for the purposes of that application.
Repeal of regulations
162 Unless they are repealed earlier, regulations made under section 161 are repealed on the fifth anniversary of the day on which they come into force.
R.‍S.‍, c. 9 (1st Supp.‍), s. 17
16 Division XV.‍1 of Part III of the Act is repealed.
17 The Act is amended by adding the following after section 295:
Pilot Projects
Regulations
296 Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve compliance with Parts II and III of this Act, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project, and adapting any such provision for the purposes of that application.
Repeal of regulations
297 Unless they are repealed earlier, regulations made under section 296 are repealed on the fifth anniversary of the day on which they come into force.
Transitional Provision
Requests received before coming into force
18 A request for an exemption under subsection 135(3) of the Canada Labour Code, as it read on the day before the day on which section 7 comes into force, that is received by the Minister before the day on which that section comes into force is to be dealt with in accordance with subsections 135(3) to (5) of that Act as they read on the day before the day on which that section comes into force. If the request is approved on or after the day on which that section comes into force, the exemption may be granted for a period of not more than one year.
Coordinating Amendments
2017, c. 20
19 (1) In this section, other Act means the Budget Implementation Act, 2017, No. 1.
(2) If section 347 of the other Act comes into force before section 13 of this Act, then that section 13 is replaced by the following:
13 Section 145.‍1 of the Act is replaced by the following:
Powers, duties and functions
145.‍1 For the purposes of sections 146 to 146.‍5, the Board has all of the powers, duties and functions of the Minister under this Part, except for those referred to in section 130, subsections 135(6), 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1), (2) and (4) and 144(1), section 146.‍01, subsection 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2).
(3) If section 13 of this Act comes into force before section 347 of the other Act, then, on the day on which that section 347 comes into force, section 145.‍1 of the Canada Labour Code is replaced by the following:
Powers, duties and functions
145.‍1 For the purposes of sections 146 to 146.‍5, the Board has all of the powers, duties and functions of the Minister under this Part, except for those referred to in section 130, subsections 135(6), 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1), (2) and (4) and 144(1), section 146.‍01, subsection 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2).
(4) If section 347 of the other Act comes into force on the same day as section 13 of this Act, then that section 13 is deemed to have come into force before that section 347 and subsection (3) applies as a consequence.
Coming into Force
Order in council
20 (1) Sections 1 to 16 and 18 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(2) Section 17 comes into force on a day to be fixed by order of the Governor in Council but that day must not be earlier than the day on which section 377 of the Budget Implementation Act, 2017, No. 1 comes into force.
PART 2 
R.‍S.‍, c. 33 (2nd Supp.‍)
Parliamentary Employment and Staff Relations Act
Amendments to the Act
21 Part III of the Parliamentary Employment and Staff Relations Act is replaced by the following:
PART III 
Occupational Health and Safety
Interpretation
Definitions
87 (1) The following definitions apply in this Part.
Board has the same meaning as in section 3. (Commission)
employee means a person employed by an employer and includes the person occupying the recognized position of Clerk of the Senate, Clerk of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of the House of Commons. (employé)
employer means
(a) the Senate as represented by any committee or person that the Senate by its rules or orders designates for the purposes of this Part;
(b) the House of Commons as represented by any committee or person that the House of Commons by its orders designates for the purposes of this Part;
(c) the Library of Parliament as represented by the Parliamentary Librarian acting, subject to subsection 74(1) of the Parliament of Canada Act, on behalf of both Houses of Parliament;
(d) the office of the Senate Ethics Officer as represented by the Ethics Officer;
(e) the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner;
(f) the Parliamentary Protective Service as represented by the Director of the Parliamentary Protective Service on behalf of the Speakers of the two Houses of Parliament;
(g) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer;
(h) a member of the House of Commons who employs one or more persons or who has the direction or control of staff employed to provide research or associated services to the caucus members of a political party represented in the House of Commons;
(i) in the case of a person occupying the recognized position of Clerk of the Senate, Clerk of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of the House of Commons, the Senate or the House of Commons, as the case may be, as represented by the committee or person described in paragraph (a) or (b); or
(j) any other person who is recognized as an employer in regulations made under subsection 19.‍5(1) of the Parliament of Canada Act or by-laws made under section 52.‍5 of that Act. (employeur)
Meaning of employer
(2) The definition employer in subsection (1) includes any person who acts on behalf of an employer.
Canada Labour Code (Part II)
Application
88 (1) Part II of the Canada Labour Code, other than subsections 134(2) and (3) and sections 152 and 153, applies to and in respect of an employer and employees, in the same manner and to the same extent as if the employer were a federal work, undertaking or business and the employees were employees to and in respect of which that Part applies except that, for the purpose of that application,
(a) any reference in that Part to
(i) “arbitration” is to be read as a reference to adjudication within the meaning of Part I of this Act,
(ii) “Board” and “collective agreement” are to be read as references to those expressions as defined in section 3 of this Act,
(iii) “employee” and “employer” are to be read as references to those expressions as defined in subsection 87(1) of this Act, and
(iv) “trade union” is to be read as a reference to an employee organizationas defined in section 3 of this Act;
(b) Part I of this Act applies, with any modifications that the circumstances require, in respect of matters brought before the Board under Part II of the Canada Labour Code to the extent necessary to give effect to that purpose; and
(c) matters brought before the Board under Part II of the Canada Labour Code may be heard and determined only by a member as defined in section 3 of this Act.
Application to other persons
(2) This Part also applies to any person who is not an employee but who performs for an employer activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer.
Minister to notify Speakers
88.‍1 The Minister of Labour shall notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of the Minister’s intention to enter, under subsection 141(1) of the Canada Labour Code, a work place controlled by an employer. The Minister shall also notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after the Minister
(a) commences an investigation under Part II of that Act in relation to an employer or an employee; or
(b) issues a direction to an employer or an employee under that Part.
Board to notify Speakers
88.‍2 (1) The Board shall notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after
(a) the Board receives a complaint under subsection 133(1) of the Canada Labour Code in relation to an employer; or
(b) an appeal of a direction issued to an employer or an employee is brought under subsection 146(1) of the Canada Labour Code.
Power of Speakers
(2) If the Speaker of the Senate or the Speaker of the House of Commons is notified that an appeal has been brought,
(a) the Board shall, at the Speaker’s request, provide to the Speaker a copy of any document that is filed with the Board in the appeal and that is necessary to enable the Speaker to present evidence and make representations under paragraph (b); and
(b) the Speaker may present evidence and make representations to the Board in the appeal.
Direction of Minister not complied with
88.‍3 The Minister of Labour shall cause to be tabled in the Senate or the House of Commons, or both, a direction that is issued to an employer or an employee under Part II of the Canada Labour Code if the direction is not complied with within the period provided for in the direction and it is not appealed within the period provided for in that Part. The Minister shall cause the direction to be tabled within a reasonable time after the later of the expiry of the period for compliance and the expiry of the appeal period.
Exceptional circumstances
88.‍4 If the Minister of Labour considers that exceptional circumstances require that immediate action be taken to prevent a contravention of Part II of the Canada Labour Code by an employer or an employee,
(a) the Minister shall provide a copy of any direction issued to an employer or an employee under that Part to the Speaker of the Senate or the Speaker of the House of Commons, or both; and
(b) despite section 88.‍3, the Minister may, before the expiry of the appeal period, cause to be tabled a direction referred to in paragraph (a) in the Senate or the House of Commons, or both, if that direction is not complied with within the period provided for in the direction.
Order, decision or direction of Board not complied with
88.‍5 The Board shall, at the request of the Minister of Labour or any person affected by an order or decision made or a direction issued with respect to an employer or an employee by the Board under Part II of the Canada Labour Code, cause the order, decision or direction to be tabled in the Senate or the House of Commons, or both, if it is not complied with within the period provided for in the order, decision or direction. The Board shall cause the order, decision or direction to be tabled within a reasonable time after receiving the request.
Powers, privileges and immunities
88.‍6 For greater certainty, nothing in this Part shall be construed as limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members or as authorizing the exercise of a power or the performance of a function or duty by virtue of this Part if the exercise of that power or the performance of that function or duty would interfere, directly or indirectly, with the business of the Senate or the House of Commons.
Coordinating Amendment
2017, c. 20
22 On the day on which section 21 of this Act and section 394 of the Budget Implementation Act, 2017, No. 1 come into force, that section 394 is deemed to have come into force before that section 21.
Coming into Force
2017, c. 20
23 Section 21 comes into force on the later of the day on which this Act receives royal assent and the day fixed under subsection 402(1) of the Budget Implementation Act, 2017, No. 1.
PART 3 
2017, c. 20
Budget Implementation Act, 2017, No. 1
24 Section 382 of the Budget Implementation Act, 2017, No. 1 is replaced by the following:
Appeals — subsection 129(7) or 146(1)
382 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under subsection 129(7) or146(1) of that Act.
Published under authority of the Speaker of the House of Commons
explanatory notes
Canada Labour Code
Clause 1: Existing text of section 122.‍1:
122.‍1 The purpose of this Part is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment to which this Part applies.
Clause 2: New.
Clause 3: (1) to (3) Relevant portion of subsection 125(1):
125 (1) Without restricting the generality of section 124, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity,
.‍.‍. 
(c) investigate, record and report in the manner and to the authorities as prescribed all accidents, occupational diseases and other hazardous occurrences known to the employer;
(d) post in a conspicuous place accessible to every employee
(i) a copy of this Part,
(ii) a statement of the employer’s general policy concerning the health and safety at work of employees, and
(iii) any other printed material related to health and safety that is prescribed or that may be directed by the Minister;
(e) make readily available to employees for examination, in printed or electronic form, a copy of the regulations made under this Part that apply to the work place;
(f) if a copy of the regulations is made available in electronic form, provide appropriate training to employees to enable them to have access to the regulations and, on the request of an employee, make a printed copy of the regulations available;
.‍.‍. 
(z.‍16) take the prescribed steps to prevent and protect against violence in the work place;
(4) New.
Clause 4: Relevant portion of subsection 126(1):
126 (1) While at work, every employee shall
.‍.‍. 
(h) report in the prescribed manner every accident or other occurrence arising in the course of or in connection with the employee’s work that has caused injury to the employee or to any other person;
Clause 5: (1) Existing text of subsection 127.‍1(1):
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 or injury to health 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.
(2) Relevant portion of subsection 127.‍1(3):
(3) The employee or the supervisor may refer an unresolved complaint to a chairperson of the work place committee or to the health and safety representative to be investigated jointly
(3) New.
(4) Existing text of subsection 127.‍1(9):
(9) The Minister shall investigate the complaint referred to in subsection (8).
Clause 6: New.
Clause 7: (1) Existing text of subsections 135(3) to (5):
(3) On receipt of a request from an employer that is submitted in the form and manner prescribed, if any is prescribed, and if the Minister is satisfied after considering the factors set out in subsection (4) that the nature of work being done by employees at the work place is relatively free from risks to health and safety, the Minister may, by order, on any terms and conditions that are specified in the order, exempt the employer from the requirement to establish a work place committee.
(4) The following factors are to be considered for the purposes of subsection (3):
(a) the risk of occupational injury or illness from hazardous substances or other conditions known to be associated with the type of activity conducted in that type of work place;
(b) whether the nature of the operation of, and the processes and equipment used in, the work place are relatively free from hazards to health and safety in comparison with similar operations, processes and equipment;
(c) the physical and organizational structure of the work place, including the number of employees and the different types of work being performed; and
(d) during the current calendar year and the two calendar years immediately before it,
(i) the number of disabling injuries in relation to the number of hours worked in the work place,
(ii) the occurrence of incidents in the work place having serious effects on health and safety, and
(iii) any directions issued in respect of contraventions of paragraph 125(1)‍(c), (z.‍10) or (z.‍11), and any contraventions of this Part that had serious consequences in respect of the work place.
(5) A request for an exemption must be posted in a conspicuous place or places where it is likely to come to the attention of employees, and be kept posted until the employees are informed of the Minister’s decision in respect of the request.
(2) Relevant portion of subsection 135(6):
(6) If, under a collective agreement or any other agreement between an employer and the employer’s employees, a committee of persons has been appointed and the committee has, in the opinion of the Minister, a responsibility for matters relating to health and safety in the work place to such an extent that a work place committee established under subsection (1) for that work place would not be necessary,
(a) the Minister may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place;
(3) and (4) New.
Clause 8: New.
Clause 9: Relevant portion of subsection 135.‍2(1):
135.‍2 (1) The Governor in Council may make regulations
.‍.‍. 
(g) requiring a committee to submit an annual report of its activities to a specified person in the prescribed form within the prescribed time; and
Clause 10: New.
Clause 11: New.
Clause 12: Existing text of subsection 140(3):
(3) The powers, duties or functions of the Minister provided for in section 130, subsections 135(3), 137.‍1(1) to (2.‍1), and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2), shall not be the subject of an agreement under subsection (2).
Clause 13: Existing text of subsection 145.‍1(2):
(2) For the purposes of sections 146 to 146.‍5, an appeals officer has all of the powers, duties and functions of the Minister under this Part, except for those referred to in subsection (1), section 130, subsections 135(3), 137.‍1(1) to (2.‍1), and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2).
Clause 14: New.
Clause 15: New.
Clause 16: Existing text of Division XV.‍1:
DIVISION XV.‍1 
Sexual Harassment
247.‍1 In this Division, sexual harassment means any conduct, comment, gesture or contact of a sexual nature
(a) that is likely to cause offence or humiliation to any employee; or
(b) that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.
247.‍2 Every employee is entitled to employment free of sexual harassment.
247.‍3 Every employer shall make every reasonable effort to ensure that no employee is subjected to sexual harassment.
247.‍4 (1) Every employer shall, after consulting with the employees or their representatives, if any, issue a policy statement concerning sexual harassment.
(2) The policy statement required by subsection (1) may contain any term consistent with the tenor of this Division the employer considers appropriate but must contain the following:
(a) a definition of sexual harassment that is substantially the same as the definition in section 247.‍1;
(b) a statement to the effect that every employee is entitled to employment free of sexual harassment;
(c) a statement to the effect that the employer will make every reasonable effort to ensure that no employee is subjected to sexual harassment;
(d) a statement to the effect that the employer will take such disciplinary measures as the employer deems appropriate against any person under the employer’s direction who subjects any employee to sexual harassment;
(e) a statement explaining how complaints of sexual harassment may be brought to the attention of the employer;
(f) a statement to the effect that the employer will not disclose the name of a complainant or the circumstances related to the complaint to any person except where disclosure is necessary for the purposes of investigating the complaint or taking disciplinary measures in relation thereto; and
(g) a statement informing employees of the discriminatory practices provisions of the Canadian Human Rights Act that pertain to rights of persons to seek redress under that Act in respect of sexual harassment.
(3) Every employer shall make each person under the employer’s direction aware of the policy statement required by subsection (1).
Clause 17: New.
Parliamentary Employment and Staff Relations Act
Clause 21: Existing text of Part III:
PART III 
Occupational Safety and Health
Interpretation
87 In this Part, employer has the same meaning as in section 85.
Canada Labour Code (Part II)
88 Part II of the Canada Labour Code applies to and in respect of persons employed by an employer and, to the extent that the employer controls the work place at which the persons are employed, to and in respect of the employer, in the same manner and to the same extent as if the employer were a federal work, undertaking or business and the persons were engaged in employment to and in respect of which the provisions of that Part apply except that, for the purpose of such application,
(a) any reference in that Part to
(i) “arbitration” shall be read as a reference to adjudication within the meaning of Part I of this Act,
(ii) the “Board” and “collective agreement” shall be read as references to those expressions as defined in section 3 of this Act, and
(iii) a “trade union” shall be read as a reference to an employee organization within the meaning of section 3 of this Act;
(b) section 156 of that Part does not apply in respect of the Board in exercising or carrying out its powers, duties and functions in relation to that Part; and
(c) the provisions of Part I of this Act apply, with such modifications as the circumstances require, in respect of matters brought before the Board pursuant to Part II of the Canada Labour Code to the extent necessary to give effect to that purpose.
Budget Implementation Act, 2017, No. 1
Clause 24: Existing text of section 382:
382 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under subsection 146(1) of that Act.
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