Work Place Harassment and Violence Prevention Policy

As per the Work Place Harassment and Violence Prevention Regulations, this policy has been jointly developed with the key stakeholders. Any substantial changes to this document will result in a review of the whole document by the key stakeholders in Occupational Health and Safety (OHS), including senior management, the National OHS Policy Committee and others as designated by the Workplace Health and Diversity Directorate. This is in keeping with the spirit of participation and consultation between key stakeholders.

Minor changes such as name changes; updates to legislation and pursuant regulations as warranted by Parliament; and others that do not change the spirit of the document, may be made without participation and consultation of key stakeholders.

On this page

• 1. Effective date
  • 1.1 Introduction
• 2. Application
• 3. Objectives and expected results
• 4. Authorities
• 5. Definitions
• 6. Roles and responsibilities
  • 6.1 Employer
  • 6.2 Office for Workplace Civility and Prevention of Harassment and Violence, Workplace Health & Diversity Directorate (Designated recipient)
  • 6.3 Managers/Supervisors
  • 6.4 Employees
  • 6.5 Occupational health and safety committees and representatives
    • 6.5.1 The National OHS Policy Committee
    • 6.5.2 Work place OHS Committees and/or Health & Safety Representatives
• 7. Risk factors that contribute to work place harassment and violence
• 8. Emergency procedures
• 9. Training
• 10. Resolution
• 11. Confidentiality/privacy
• 12. Prohibited conduct
• 13. Preventative measures
• 14. Duty to enforce CFIA's values, policies and standards of conduct
• 15. Support
• 16. Monitoring and reporting
• 17. Recourse
• 18. References
• 19. Enquiries
• 20. Approval
• Annex A – Guide for determining what constitutes work place harassment and violence
• Annex B – Formal recourse options

1. Effective date

This policy takes effect on November 1, 2024, and replaces the previous Work Place Harassment and Violence Prevention Policy, which took effect on January 1, 2021.

1.1 Introduction

The CFIA is committed to providing a work environment where all persons are treated with respect and dignity.

Harassment and violence affects the work place and individual well-being, and will not be tolerated. The Canada Labour Code (CLC) Part II was amended on October 25, 2018, to include provisions to protect employees from, and to prevent harassment and violence occurring at the workplace. In essence, the definition of work place violence was expanded to accompany conduct that could constitute harassment.

The Work Place Harassment and Violence Prevention Regulations (Regulations) were published in the Gazette Part II on June 24, 2020, and identify prevention requirements regarding work place harassment and violence. Prevention requirements include (but are not limited to) the identification and assessment of risk factors contributing to work place harassment and violence, and the development and implementation of preventative measures to eliminate or minimize these risks.

Work place harassment and violence can originate from a variety of sources and could also include a domestic conflict, cultural conflict, etc. However, any time work place harassment and violence impacts employees of the CFIA, the CFIA will take all reasonable steps to address, resolve and protect against all sources of harassment and violence.

2. Application

This policy applies to all CFIA employees, including those engaged in work activities on behalf of the CFIA in work places that are not under the control of the CFIA.

This policy also applies to persons employed, either in the work place or at any location or any event related to work, including:

• while on travel status
• at a conference where the attendance is sponsored by the employer
• at the employer sponsored training activities/information sessions
• at employer sponsored events, including social events
• when using communication technologies when there is a connection to the work place or employment conditions
• while working remotely or from home

The CFIA cannot enforce adherence to its policies by individuals visiting CFIA installations or to employees of third-party work places not under the control of the CFIA. However, the CFIA will not tolerate harassment and violence towards its employees from any person who are not CFIA employees. The CFIA will address the occurrence to the extent possible, through its internal controls as well as by reporting it to the employer of the third-party through appropriate channels. For additional information on steps to address an occurrence of harassment and violence by a responding party who is not a CFIA employee or the employer, please consult the Directive on the Resolution of Work Place Harassment and Violence (accessible only on the Government of Canada network).

3. Objectives and expected results

The objective of this policy is to prevent and protect against all forms of work place harassment and violence and ensure that obligations, as outlined in the Canada Labour Code, Part II and the Regulations are respected and communicated. The expected results of this policy are:

1. all CFIA personnel understand their roles and responsibilities in regards to the prevention of actual and potential work place harassment and violence
2. tools and mechanisms are established to complete workplace assessments and respond appropriately to occurrences of work place harassment and violence
3. the risk of work place harassment and violence occurrences is eliminated or minimized
4. all CFIA employees affected by work place harassment and violence are provided with the support they need

4. Authorities

The ultimate responsibility and authority for applying this policy rests with the President of the CFIA. However, every employee within the organization has a role in preventing work place harassment and violence. This policy is issued pursuant to the authorities indicated in section 10 of the Regulations.

5. Definitions

Designated recipient

Is a unit (Office for Workplace Civility and Prevention of Harassment and Violence) at the CFIA, designated to receive work place harassment and violence notices of occurrence.

Employee

Means a person employed by the CFIA.

Employer

Means a person who employs one or more employees and includes an employers' organization (the CFIA) and any person who acts on behalf of an employer.

Harassment and violence

Means any action, conduct or comment including of a sexual nature that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee including any prescribed action, comment, or conduct. (Canada Labour Code, Part II, subsection 122(1)).

An act of harassment and violence can take the form of physical contact or non-physical behaviours. Harassment and violence may occur as a single event or may involve a continuing series of incidents. Harassment and violence may involve relations amongst peers, visitors, and external stakeholders.

It can also include abuse of authority, as well as, harassment within the meaning of the Canadian Human Right Act (linked to race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and/or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered).

For further clarification on potential behaviours or actions that may meet the definition of harassment and violence, see Annex A to this policy, entitled Guide for determining what constitutes harassment and violence.

Investigator

Is a person who:

• is trained in investigative techniques
• has knowledge, training and experience that are relevant to harassment and violence in the work place
• has knowledge of the Canada Labour Code Part II, the Canadian Human Rights Act and any other relevant legislation to harassment and violence in the work place

Occurrence

Means an occurrence or incident of harassment and violence in the workplace.

Principal party

Means any employee or employer who is the object of an occurrence.

Responding party

Means the person who is alleged to have been responsible for the occurrence.

Witness

Means a person who witnessed an occurrence or is informed of an occurrence by the principal party or responding party.

Work place

Means any place where an employee is engaged in work for CFIA and includes any mode of transportation (such as a plane, train) where the employee is travelling in the course of business (Section 122 (1), CLC – Part II).

In some instances, CFIA as the employer, controls the activities of its employees but may not control the work place where work activities are being conducted.

A work place could also include off-site business-related facilities, or functions such as trade shows or conferences or any employer sponsored events, including social events.

Workplace assessment

Consists of the identification of internal and external risk factors of harassment and violence in the work place and the development and implementation of preventative measures under section 9 of the Regulations.

6. Roles and responsibilities

Failure to implement and uphold the provisions of this policy could be considered a breach of regulatory duty. Therefore, employer representatives (executives, managers and supervisors) could be subject to intervention measures, up to and including prosecution through Employment and Social Development Canada (ESDC) – Labour Program.

6.1 Employer

The President is responsible for taking corrective measures when significant issues arise regarding compliance with this policy.

The President has delegated authority to the Vice-President – Human Resources as the Head of the Harassment and Violence Prevention Program, as well as the designated recipient responsibilities, and in this capacity, the Vice-President, Human Resources Branch, shall:

• ensure the development of a Work Place Harassment and Violence Prevention Policy in consultation with the National Occupational Health and Safety Policy Committee
• dedicate sufficient attention, resources and time to address risk factors that contribute to work place harassment and violence, including, but not limited to, domestic and family violence, to prevent and protect against it
• communicate to employees information about risk factors contributing to work place harassment and violence
• ensure that related procedures are in place to assist employees who have been exposed to harassment and violence
• ensure implementation and review of the policy as per the Regulations every three years
• ensure that an assessment of all risk factors that may contribute to work place harassment and violence and an assessment of the potential for harassment and violence has been completed in consultation with the National OHS Policy Committee
• ensure CFIA response procedures related to work place harassment and violence are developed in consultation with the National OHS Policy Committee
• ensure the response procedures and protocol for appointing an investigator to investigate are established
• designating a person or unit as a designated recipient to whom notification of a harassment and violence occurrence may be given

6.2 Office for Workplace Civility and Prevention of Harassment and Violence, Workplace Health & Diversity Directorate (designated recipient)

The Office for Workplace Civility and Prevention of Harassment and Violence (OWCPHV) promotes work place civility and supports employees, teams and managers in preventing, addressing and resolving occurrences that could lead or have led to, harassment and violence in the workplace. This includes, but is not limited to, discriminatory attitudes or behaviours, domestic and family violence and sexual harassment and violence. The OWCPHV is responsible to ensure all steps in the harassment and violence resolution process are carried out in accordance with the CLC (Part II), the Regulations and are in compliance with this policy and associated directive. The OWCPHV shall:

• receive training before assuming their duties and at least once every three years thereafter
• receive notification of all occurrences of harassment and violence
• confirm receipt of notices of occurrence
• coordinate communications to the principal and responding parties
• explain steps of the resolution process to the principal and responding parties
• provide information on support measures to employees affected by work place harassment and violence
• help the parties, including the delegated manager to identify potential preventative measures in order to resolve the occurrence
• provide monthly status updates to the parties
• assist in the selection of the person who is to act as an investigator
• provide investigators with all information that is relevant to the investigation
• receive, review and distribute the final investigation report to the parties and the delegated manager
• monitor the steps of the resolution process and adhere to their timelines
• report to the Minister of Labour and the National OHS Policy Committee as required by this policy
• maintain records relating to harassment and violence prevention and resolution of occurrences and ensure reporting requirements are fulfilled

6.3 Managers/Supervisors

Managers/Supervisors shall ensure that:

• inappropriate, uncivil, disrespectful, discriminatory behaviours are promptly addressed
• the CFIA Work Place Harassment and Violence Prevention Policy is posted in the work place
• they provide and promote a safe, healthy, harassment and violence-free work place by:
  • ensuring employees participate in all mandatory training
  • communicating to employees information about risk factors contributing to work place harassment and violence, including domestic and family violence
  • providing orientation to ensure any new employee(s) and/or any person(s) granted access to the work place is aware of the elements of the CFIA Work Place Harassment and Violence Prevention Policy
• the work place OHS Committee members participate in the necessary education and training to facilitate their understanding and support the issues of privacy and confidentiality related to the prevention of harassment and violence in the work place
• emergency response procedures, are in place and communicated to employees in occurrences of harassment and work place violence
• the CFIA resolution process for a reported occurrence or allegation of exposure to work place harassment and violence is communicated to employees
• participate in and be familiar with the CFIA Work Place Harassment and Violence Prevention Policy by:
  • reporting and resolving as soon as possible, (if feasible) any reported occurrences of work place harassment and violence with the designated recipient and/or employee(s) involved
  • following-up to ensure that employee assistance is offered to those exposed or allegedly exposed to work place harassment and violence
  • sharing the OHS Committee or Representative Executive Summary report with the applicable OHS Committee or Representative
  • implementing preventative measures to eliminate or minimize the risks related to the work place harassment and violence, including those jointly determined with the applicable OHS Committee or Representative, and continual monitoring of the effectiveness of those preventative measures

6.4 Employees

Employees (including supervisors and managers) shall:

• behave in a courteous and respectful manner
• not perpetuate work place harassment and violence
• contribute to maintaining a safe, healthy, harassment and violence-free workplace
• take responsibility for their own safety by ensuring they complete all mandatory training in a timely manner
• participate, follow and be familiar with the CFIA Work Place Harassment and Violence Prevention Policy and the associated Directives and procedures
• report to the employer or designated recipient any experience with, observation or threat of, work place harassment and violence
• cooperate with the designated recipient, investigator and/or OHS Committee members and/or Health & Safety Representative during the work place harassment and violence notice of occurrence resolution process, a workplace assessment or an investigation
• ensure to provide when reporting an occurrence or participating in a work place harassment and violence investigation, sufficient information to the employer, designated recipient and the investigator to facilitate the review/investigation of the occurrence participate in an attempt to resolve the matter as soon as possible
• participate in an attempt to resolve the matter as soon as possible

6.5 Occupational health and safety committees and representatives

6.5.1 The National OHS Policy Committee shall:

• promote, contribute and monitor protocols to maintain a safe, healthy and harassment and violence-free workplace
• participate in the development, review and implementation of the CFIA Work Place Harassment and Violence Prevention Policy
• participate in consultation regarding the development of general procedures, controls and education for the prevention of work place harassment and violence
• participate in the development, review and implementation of national response procedures and protocols for resolving occurrences of work place harassment and violence
• participate in the development and review of a list of qualified external investigators to investigate occurrences of work place harassment and violence
• participate in the review of the CFIA Work Place Harassment and Violence Prevention Policy at least once every three years
• participate in the development of a workplace assessment which identifies risk factors internal or external to the work place, that contribute to work place harassment and violence

6.5.2 Work place OHS Committees and/or Health & Safety Representatives will:

• promote, contribute and monitor protocols to maintain a safe, healthy and harassment and violence-free work place
• monitor and support the implementation of the CFIA Work Place Harassment and Violence Prevention Policy and emergency procedures
• support the development, review, and implementation, of workplace assessments which includes the analysis of investigation findings (monthly inspections, Hazardous Occurrence Incident Reports) and other safety concerns arising in the workplace
• jointly review and determine which recommendations will be implemented following an investigation of a work place harassment and violence notice of occurrence
• ensure that privacy and confidentiality protocols related to work place harassment and violence are followed
• monitor the emergency procedures for effectiveness of controls with regard to any potential case(s) of work place harassment and violence

7. Risk factors that contribute to work place harassment and violence

Pursuant to the Regulations, the employer is responsible to identify all risk factors that contribute to work place harassment and violence, assess the potential for work place harassment and violence, and develop and implement preventative measures including systemic controls to eliminate or minimize work place harassment and violence or the risk of harassment and violence to the extent reasonably possible.

General risk factors, both internal and external to the work place must be taken into account. Such risk factors could include client characteristics, work environment, job factors and other external factors. The CFIA has some unique risk factors due to the nature of the work such as working in third party establishments, regulatory enforcement, working in isolation, shift work, emergency response deployment, and dealing with the public.

Individual workplace assessments are mandated for each CFIA work site, identifying such risk factors and preventative measures to be implemented at the local level.

Workplace assessments must be reviewed and updated every three years, if necessary, and initiated when:

• the principal party ends the resolution process but the occurrence is not resolved
• the responding party to an occurrence is a third party (not an employee or the employer)

8. Emergency procedures

If a harassment and violence occurrence poses an immediate danger to the health and safety of an employee or the workplace, or if there is threat of such an occurrence, contact 911 for emergency services (police, fire or ambulance). For additional support, follow up with the CFIA Security Division at cfia.security-securite.acia@inspection.gc.ca or by phone at 1-866-431-1141.

To ensure safety and security during an emergency, stay well informed and prepared by consulting your local emergency procedures in conjunction with both the Building Emergency and Evacuation Procedures (BEEP) (accessible only on the Government of Canada network - RDIMS 14452914) and the Directive on Building Emergency Readiness and Response (BERR) (accessible only on the Government of Canada network - RDIMS 18430495).

9. Training

Work place harassment and violence prevention training developed or identified jointly by the employer and National OHS Policy Committee is to be provided to employees, the employer and the designated recipient as appropriate at least once every three years.

This training at a minimum includes education on the elements of this policy, the relationship between work place harassment and violence and the prohibited grounds of discrimination as noted in the Canadian Human Rights Act (CHRA) and how to recognize, minimize, prevent and respond to work place harassment and violence. The training should be reviewed every three years or when the policy is updated.

10. Resolution

In the event that an employee experiences or witnesses harassment or violence in the work place, the employee should seek assistance from the employer, union, the OWCPHV or Work Place OHS Committee Member or Health & Safety Representative, after removing themselves from harm. The employer and/or the designated recipient must be advised of the incident as soon as possible. The employer will assess the situation and implement measures to address and co-ordinate the appropriate response action in accordance with the CFIA Directive on the Resolution of Work Place Harassment and Violence (accessible only on the Government of Canada network).

The harassment and violence resolution process referred to in this policy aims to protect and prevent all forms of work place harassment and violence. For information on other recourse mechanisms refer to Annex B entitled Formal recourse options.

11. Confidentiality/privacy

Confidentiality/privacy is an essential element of an effective resolution of a work place harassment or violence occurrence. Failure to respect privacy and confidentiality could compromise any resolution attempt, making it less effective. Any individual who becomes aware of a work place harassment or violence occurrence should not disclose any information to a third-party (for example, anyone other than their manager, union representative/support person, designated recipient or investigator) unless required to by law.

For information on situations where information can be disclosed by law, please refer to the Standard Personal Information Banks in consultation with the CFIA's Access to Information and Privacy (ATIP) Office at: ATIP-CFIA-AIPRP@inspection.gc.ca.

The names of individuals involved cannot be identified outside those mentioned above, without permission from those individuals.

The OWCPHV will be notified by all parties and/or stakeholders should they become aware that a potential breach of confidentiality may have occurred so that appropriate steps may be taken to ensure all involved are treated with respect and dignity.

12. Prohibited conduct

An employee shall not subject any person to work place harassment and violence or intentionally contribute to work place harassment and violence. Prohibited conduct in the workplace includes, but is not limited to:

• intentionally causing harm or injury to another person
• intentionally causing damage to the property of the CFIA or another person
• threatening remarks directed at another person (written or oral)
• bullying or intentional harmful teasing (written or oral)
• exhibiting extreme anger, hostility, or threatening gestures
• any objectionable act, comment or display that demeans, belittles, causes personal humiliation or embarrassment and any act of intimidation, bullying or threat
• displaying or expressing sexist, racist, or other offensive pictures or posters, comments, or any other form of communications related to one of the 13 grounds prohibited under the Canadian Human Rights Act

13. Preventative measures

Preventative measures under this policy are meant to address systemic issues in order to prevent and address work place harassment and violence in the work unit/work place as a whole.

In addition to those identified in the workplace assessment, preventative measures are recommended to the employer through the investigation process, for consideration and implementation to address the systemic risk factors that contribute to work place harassment and violence in the work unit/work place.

14. Duty to enforce CFIA's values, policies and standards of conduct

In order for the CFIA to complete its due diligence and provide a safe and respectful work place, a duty to refer exists in which the appropriate delegated authority will be notified of the incident/issue giving rise to the work place harassment and violence occurrence. The delegated manager has a duty to address the issue giving rise to the occurrence. Should the CFIA determine that any sort of disciplinary measures be warranted, management will proceed in accordance with the CFIA Disciplinary Policy with the potential for measures up to and including termination. This would occur independently from the preventative measures under this policy and the Notice of Occurrence resolution process outlined in the directive.

For information on CFIA's values, policies and standards of conduct refer to section 18. References of the policy.

Employees will not be penalized or disciplined for making a complaint or submitting a notice of occurrence in good faith. In fact, employees have a legal obligation to report all hazardous situations noted during the course of employment and should be encouraged to report occurrences of work place harassment and violence so that they can be addressed and prevented.

However, knowingly making false or vexatious complaints or retaliation against another employee for reporting an occurrence of work place harassment and violence will not be tolerated and will be subject to disciplinary measures, up to and including termination in accordance with the CFIA Discipline Policy.

15. Support

The CFIA will offer assistance (such as the Employee and Family Assistance Program (accessible only on the Government of Canada network) and the list of national and provincial support services (accessible only on the Government of Canada network)) to all parties of work place harassment or violence incidents.

There are several CFIA resources available as assistance to employees exposed to work place harassment and violence, such as:

• managers and supervisors
• bargaining agent representatives
• Office for Workplace Civility and Prevention of Harassment and Violence
• employees of the National Occupational Health, Safety & Prevention section
• Labour Relations
• Office for the Prevention and Resolution of Conflict
• Office of the Ombuds (accessible only on the Government of Canada network)
• Corporate Security personnel
• National OHS Policy Committee
• Work Place OHS Committees and OHS representatives
• Regional and Area OHS Committee Members
• Speak Up line
• CFIA Senior Integrity Officer

16. Monitoring and reporting

Human Resources Branch will maintain and report on CFIA records of work place harassment and violence as prescribed by regulation, and provide an annual report to the CFIA National OHS Policy Committee.

Human Resources Branch will also provide on behalf of the employer, by March 1 each year, an annual report to the Minister of Labour containing content as required by Section 36 of the Regulations.

The employer will carry out its obligations under the Regulations in consultation with and through the participation of the National OHS Policy Committee. Human Resources Branch, in consultation with and with the participation of the National OHS Policy Committee, will review this Policy, including procedures, control measures and training for the prevention of work place harassment and violence at least once every three years.

17. Recourse

As outlined under the Regulations, an employee who believes that the employer or the designated recipient (OWCPHV) has failed to follow the resolution process outlined in the directive, when responding to a notice of occurrence of harassment and violence, must notify the manager of the OWCPHV of the failure to comply as soon as possible and attempt resolution. If the matter is not resolved internally, the employee may refer their complaint to the Labour Program.

An employee who believes an investigation into the allegations of harassment and violence to be flawed or is not satisfied with the conclusions or recommendations outlined in the investigator report, should communicate their concerns with the OWCPHV as soon as possible. An employee may discuss legal options, including judicial review, by consulting a union representative and/or a lawyer.

18. References

• Canada Labour Code – Part II
• Work Place Harassment and Violence Prevention Regulations
• Canada Centre for Occupational Health and Safety
• Employment and Social Development Canada – Labour (occupational health and safety program)
• Human Resources delegation of authorities instrument (accessible only on the Government of Canada network)
• Canadian Human Rights Act
• CFIA Code of Conduct (accessible only on the Government of Canada network)
• CFIA Discipline Policy (accessible only on the Government of Canada network)
• Collective Agreements (accessible only on the Government of Canada network)
• Privacy Act
• Access to Information Act
• Directive on the Resolution of Harassment and Violence in the Work Place (accessible only on the Government of Canada network)
• Standard personal information banks

19. Enquiries

For interpretation of this policy, employees should contact the OWCPHV at cfia.harassmentviolence-violenceharcelement.acia@inspection.gc.ca.

For enquiries pertaining to the Workplace Assessment Tool, please contact the corporate OHS team at cfia.osh-sst.acia@inspection.gc.ca.

20. Approval

This CFIA Work Place Harassment and Violence Prevention Policy has been approved by:

Annex A – Guide for determining what constitutes work place harassment and violence

Some questions to consider that can help determine whether the behaviour (that is to say, action, comment, or conduct) constitutes harassment and violence:

• is the behaviour unwelcome or offensive?
• did it continue after you asked them to stop?
• would a reasonable person view the behaviour as unwelcome or offensive?
• did it demean, belittle or cause personal humiliation or embarrassment?
• did it intend to injure either physically or psychologically?
• was there extreme anger, hostility or threatening gestures or remarks?
• was property damage (personal or CFIA) involved?

It is also important to consider the severity and impropriety of the act, the circumstances, and the context of each situation, and whether the behaviour is prohibited under the Canadian Human Right Act. The prohibited grounds are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity and expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted.

The following are some examples, but not an exhaustive list, to clarify what is meant by harassment and violence. Note that physical and sexual assault are also covered by the Criminal Code.

Annex B – Formal recourse options

The following are formal recourse options available to you if you feel you have been subjected to work place harassment and violence, as well as other mechanisms to bring forward your concerns.

More detailed information is available on the List of recourse options (accessible only on the Government of Canada network - RDIMS 14492549).

An employee may use the following recourse mechanisms:

Grievance

Legal authority

Grievance presented under the applicable Collective Agreement or in accordance with the applicable terms and conditions of employment.

Definition

Grievance: an employee is entitled to present an individual grievance if he or she feels aggrieved:

(a) by the interpretation or application, in respect of the employee, of

• (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or
• (ii) a provision of a collective agreement or an arbitral award; or

(b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.

This process is used for

An employee can file a grievance as it relates to their terms and conditions of employment including a grievance alleging violation of the "no discrimination" clause in the applicable collective agreement.

Personal remedy available

Yes, personal remedy could be available through a grievance process.

Work place harassment and violence notice of occurrence

Legal authority

• Canada Labour Code (CLC), Part II
• Work Place Harassment and Violence Prevention Regulations

Definition

Harassment and violence: means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee.

This process is used for

To determine potential systemic workplace issues within the organization that has led or could lead to harassment and violence and to develop preventive measures to mitigate the risk of harassment and violence in the workplace. Not for finding fault or personal retribution and/or restitution.

Personal remedy available

No.

Complaint under the Canadian Human Rights Act

Legal authority

• Canadian Human Rights Act (CHRA)
• Canadian Human Rights Commission (CHRC) complaint

Definition

Discrimination: an action or a decision that results in the unfair or negative treatment of person or group because of their race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability, genetic characteristics and a conviction for which you have been granted a pardon or a record suspended.

This process is used for

If an individual feels that they have been the subject of discrimination based on one or more of the 13 prohibited grounds, they may file a complaint with the CHRC.

Personal remedy available

Yes, personal remedy could be available through the CHRC process.

Disclosure of wrongdoing

Legal authority

Disclosure of wrongdoing in the workplace under the Public Servants Disclosure Protection Act (PSDPA).

Definition

Wrongdoing: Relates to:

1. A contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act;
2. A misuse of public funds or a public asset;
3. A gross mismanagement in the public sector;
4. An act or omission that creates a substantial and specific danger to the life, health or safety of persons or to the environment;
5. A serious breach of a code of conduct;
6. Knowingly directing or counselling a person to commit a wrongdoing.

This process is used for

To disclose information that an employee believes could show that a wrongdoing was committed or is about to be committed.

Personal remedy available

In exceptional circumstances only. Please contact the CFIA Senior Integrity Officer at cfia.disclosures-divulgations.acia@inspection.gc.ca.