Hon. Marilou McPhedran: This is my lucky day, Your Honour. Thank you. I have a question for Senator Gold.

Sustainable Development Technology Canada is a federally funded agency mandated to find, fund and foster Canadian innovation in the green/clean technology field, providing more than $1.5 billion to Canadian start-ups to date.

Unfortunately, it has also been rocked by allegations of financial mismanagement, conflicts of interest, workplace harassment and a volatile, toxic work environment. Canada’s Ministry of Innovation, Science and Economic Development ordered a review of the agency’s practices, which is now done.

Senator Gold, I was contacted by some potential whistleblowers with knowledge of this workplace who indicated that some staff were pressured to sign non-disclosure agreements, or NDAs, to conceal information about their negative experiences. Because the review has been described —

Senator McPhedran: Thank you very much. In addition to that, could you please ask the government to report publicly on the review and to specify the use of NDAs by this federally funded agency? Thank you.

Hon. Marilou McPhedran: I’m returning to the question that I asked of you, Senator Gold, back in June — a long way back. My question referenced how in 2018 Bill C-65 brought in new reporting requirements in the Canada Labour Code, such as tracking occurrences of sexual harassment in federally regulated workplaces, including this place, for the first time. I noted the dearth of Canadian data on workplace harassment and violence and the severe impact on affected workers — disproportionately women, members of racialized minorities, persons with disabilities and gender-diverse folks — and I noted how annual employer monitoring and reporting was delayed nearly three years after Bill C-65 became law.

My question today is on the Labour Code requirement that the minister review the violence and harassment provisions of Bill C-65 every five years, relying on annual reporting and monitoring by employers.

Senator Gold, does the government intend to launch this process in time, as mandated, for the law’s five-year anniversary, and how does it intend to measure the effectiveness of these provisions given the delayed employer-reported data?

Hon. Marilou McPhedran: My question is to Senator Gold, please. It relates to the follow-up to Bill C-65.

In 2008, Canada committed to addressing the pervasive problem of workplace violence and harassment by enacting Bill C-65 with new reporting requirements in the Canada Labour Code, such as tracking occurrences of sexual violence, discrimination and harassment in federally regulated workplaces, including in this place for the first time.

Given the dearth of Canadian data on workplace harassment and violence and the severe effects on the affected workers, who are disproportionately women, members of visible minorities, persons with disabilities and gender-diverse people, this new law promised to shine a light on the nature and prevalence by requiring federal employers to submit annual reports to the minister and by committing the Minister of Labour to table annual reports in both houses of Parliament, summarizing the information submitted by employers. However, annual employer monitoring and reporting was delayed nearly three years after Bill C-65 became law.

As the five-year anniversary approaches since the bill came into force, and two employer reporting cycles have now come and gone, Canadians have yet to see the publication of any report by the Minister of Labour on the results of monitoring efforts so essential for strengthening harassment and violence prevention efforts and holding perpetrators accountable.

Senator Gold, why has the government delayed addressing the prevalence of federal workplace harassment and violence, in particular, sexual misconduct? When can Canadians expect to see the Minister of Labour’s overdue reports? Will the minister’s reports note if non-disclosure agreements have been secretly used to settle sexual misconduct complaints?