Summary#

This bill changes the Canada Labour Code to extend how long former employees have to file a workplace harassment and violence complaint. It also keeps certain employer duties in place for a period after a worker leaves. The changes apply only to federally regulated workplaces.

• Former employees can file a complaint up to the later of 2 years after leaving the job or 2 years after the harassment/violence resolution process ends, if a notice was filed under federal regulations (Canada Labour Code s.127.1(12.1)).
• Employers must meet specified duties toward former employees for incidents that become known to the employer within 2 years after the worker leaves, unless regulations say otherwise (s.125(4)).
• The complaint process applies to former employees as if they were current employees, to resolve the complaint (s.127.1(12)).
• The bill covers only harassment and violence occurrences, not other types of labour complaints.
• Applies to federally regulated sectors (e.g., banks, interprovincial transport, telecom, federal public service).

What it means for you#

• Households

  • No direct effect unless a family member works in a federally regulated workplace and is dealing with a harassment or violence issue. The time to file a complaint after leaving that job is extended (s.127.1(12.1)).

• Workers (current and former) in federally regulated workplaces

  • If you leave your job, you can file a harassment/violence complaint for up to 2 years after leaving (s.127.1(12.1)(a)).
  • If a notice of the occurrence was given under the Work Place Harassment and Violence Prevention Regulations and a resolution process ran its course, you can file a complaint up to 2 years after that process ends, even if this is later than 2 years after you left (s.127.1(12.1)(b)).
  • When you file as a former employee, the Code’s internal complaint process applies to you and the employer as if you were still employed, until the matter is resolved (s.127.1(12)).
  • The change does not affect other complaints (e.g., pay, hours). It is limited to harassment and violence.

• Employers (federally regulated)

  • You must carry out specified duties related to harassment and violence for former employees if the occurrence becomes known to you within 2 years after the person left, unless regulations state an exception (s.125(4)).
  • You may need to adjust policies, training, and record-keeping to manage complaints from former employees within these timelines. Data on costs: Data unavailable.
  • The complaint system will treat former employees as current employees for process steps needed to finish the case (s.127.1(12)).

• Unions and health and safety representatives

  • You may see more cases involving former members within the extended complaint window. Prepare to support cases that continue after a worker leaves (s.127.1(12), s.127.1(12.1)).

• Regulators (Labour Program, federal)

  • Potential for more or longer-running files involving former employees due to the extended timelines. Resource impact: Data unavailable.

Expenses#

Estimated net cost: Data unavailable.

• The bill includes no direct appropriations or new fees. It changes complaint timelines and employer duties (Bill text).
• Potential employer compliance costs to investigate and respond to former-employee complaints: Data unavailable.
• Potential administrative impact on the federal Labour Program and related oversight: Data unavailable.

Proponents' View#

• Supports survivors who may delay reporting due to trauma or fear by extending filing time to the later of 2 years after leaving or 2 years after the resolution process ends when a notice was filed (s.127.1(12.1)).
• Improves accountability by keeping employer duties for incidents that become known within 2 years after a worker leaves, subject to regulations (s.125(4)).
• Clarifies that former employees can use the internal complaint process “as if” they were employees, reducing uncertainty about access to remedies after leaving (s.127.1(12)).
• Aligns complaint timing with the federal harassment and violence regulations by linking to the formal resolution process when a notice under those regulations exists (s.127.1(12.1)).
• Keeps the change targeted to harassment and violence, avoiding broader and costlier expansions of labour complaint timelines (Bill text).

Opponents' View#

• Could increase employer burden and costs by requiring investigations after staff leave, with a longer window and potentially stale evidence, which may hinder fair resolution (s.125(4); s.127.1(12.1)).
• The 2-year employer-duty limit tied to when the incident becomes known may not always match the extended complaint window tied to the end of the resolution process, creating procedural complexity (s.125(4); s.127.1(12.1)).
• May strain regulatory resources by extending timelines and increasing case volume involving former employees; no funding is provided to manage added workload (Bill text; Data unavailable).
• Overlap with other avenues (e.g., human rights complaints or civil claims) could create confusion about forums and deadlines; the bill does not address coordination among systems (Bill text).