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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Canada | Publication | dicembre 2019
With 2020 right around the corner, now is the time for employers to prepare for the enactment of the proposed Workplace Harassment and Violence Prevention Regulations (Proposed Regulations) under Part II of the Canada Labour Code (Code), which were published earlier this year. Although the Proposed Regulations are still subject to change, their final form is expected to come into force at some point next year. The Proposed Regulations will apply to all federally regulated workplaces subject to Part II of the Code, including the federally regulated private sector, the federal public service, and parliamentary workplaces. Below is a summary of the Proposed Regulations.
Workplace Harassment and Violence Prevention Policy: The employer and applicable partner1 must jointly2 develop a workplace harassment and violence prevention policy to address, among other items, training, resolution process, workplace assessment, emergency procedures, and support measures. This policy must be made available to all employees and updated following an update to a workplace assessment or change to any element of the policy.
Workplace Assessment: The employer and applicable partner must jointly carry out a workplace assessment to identify risks and address preventative measures, and they must update it if it no longer accurately reflects the workplace assessment or if a notification of an occurrence3 is given and the resolution process cannot proceed. In any event, it must be reviewed every three years and updated, if necessary. The individual identifying risks must be qualified and must consider the factors affecting any such risk, including the workplace culture and any reports related to harassment. Preventative measures must be jointly developed and implemented within six months after the risks are identified.
The employer and applicable partner must jointly develop emergency procedures to be implemented if: an occurrence poses an immediate danger to the health and safety of an employee; or a threat related thereto. The emergency procedures must be made available to all employees.
The designated recipient: Employers will be required to designate a person to be a “designated recipient.” Under the Proposed Regulations, the designated recipient is a person to whom notification of an occurrence may be given.
Training measures: The employer and applicable partner must jointly develop or identify training on workplace harassment and violence. The training must address various elements, including recognizing and preventing workplace harassment and appropriately responding to occurrences. The content of the training must be reviewed at least once every three years. The employer must receive training – and ensure employees and the designated recipient receive training – once every three years. Initial training must be provided to the designated recipient before assuming his or her duties and to each employee within three months of commencing employment. Moreover, the employer may be obliged to provide additional training if, for instance, an employee assumes a new role with an increased risk of workplace harassment or violence.
Within six months after the Proposed Regulations come into force, employers must ensure that they, themselves, and their employees receive the necessary training pertaining to workplace harassment and violence.
The employer must make available (to all employees) information on medical, psychological or other support services available within their geographical area.
A principal party4 or third party may notify the designated recipient of an occurrence, but may also notify the employer. The Proposed Regulations allow principal and third parties to do so anonymously. Where notified by a non-anonymous third party, the designated recipient (or employer, as the case may be) must confirm receipt within five days. Where notified by a principal party, confirmation of receipt must be provided, along with information pertaining to the workplace harassment and violence prevention policy and the resolution process. This same information must be provided to the responding party.
These new regulations are broad and will impose many new obligations on federally regulated employers. The following initial actions should be considered:
We caution employers not to underestimate the time, effort, and resources that will be needed to accomplish all that the new regulations will require if adopted as currently drafted. Although we can expect regulators will be somewhat lenient at the outset of the regulations’ coming into force, forethought and advance action will be essential to ensuring a smooth transition.
The authors wish to thank articling student Alexandra Saikaley for her help in preparing this legal update.
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