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Bill C-378

44th Parl. 1st Sess.
February 13, 2024
An Act amending the Canada Labour Code (complaints by former employees)
  • This is a bill called C-378 that is being introduced in the Canadian Parliament. It aims to amend the Canada Labour Code to give former employees more time to make a complaint about harassment and violence in the workplace after they have left their job. The bill states that the obligations of employers regarding these complaints will apply if the occurrence becomes known to the employer within two years after the former employee stops working for them. It also allows former employees to make a complaint until two years after they stop working for the employer or until two years after the resolution process is completed, if notice of the occurrence was provided. The bill is available on the House of Commons website.
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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-378
An Act amending the Canada Labour Code (complaints by former employees)
FIRST READING, February 12, 2024

Mrs. Vien
441332


SUMMARY

This enactment amends the Canada Labour Code in order to provide a former employee with more time to make a complaint relating to an occurrence of harassment and violence in the work place after they cease to be employed.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-378

An Act amending the Canada Labour Code (complaints by former employees)

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.‍S.‍, c. L-2

Canada Labour Code

1 Subsection 125(4) of the Canada Labour Code is replaced by the following:

Former employees

(4) Except as provided for in the regulations, the obligations set out in paragraphs (1)‍(c) and (z.‍16) apply to an employer in respect of a former employee in relation to an occurrence of harassment and violence in the work place if the occurrence becomes known to the employer within Insertion start two years Insertion end after the day on which the former employee ceases to be employed by the employer.

2 Subsection 127.‍1(12) of the Act is replaced by the following:

Former employees

(12) A former employee may make a complaint under subsection (1) relating to an occurrence of harassment and violence in the work place, in which case this Part applies to the former employee and to the employer as if the former employee were an employee, to the extent necessary to finally dispose of the complaint.

Former employees — timeframe for making a complaint

Start of inserted block
(12.‍1) For the purpose of subsection (12), a former employee may make a complaint until the day that is the later of

  • (a) two years after the day on which the former employee ceases to be employed by the employer; and

  • (b) if notice of the occurrence was provided under subsection 15(1) of the Work Place Harassment and Violence Prevention Regulations, two years after the day on which the resolution process is completed in respect of the occurrence.

    End of inserted block
Published under authority of the Speaker of the House of Commons