41st Parliament, Second Session
The Standing Committee on Procedure and House Affairs has
the honour to present its
THIRTY-EIGHTH REPORT
Your
Committee, which has received an Order of Reference from the House of Commons on
November 27, 2014, is pleased to report as follows:
Order
of Reference
On November
27, 2014, the House of the House of Commons unanimously adopted the following
motion: “That it be an instruction to the Standing Committee on Procedure and
House Affairs to: (a) examine policy options for addressing complaints
of harassment between Members of the House of Commons; (b) make
recommendations concerning a code of conduct for Members for the prevention and
resolution of harassment in the workplace, including a clear definition of
harassment; (c) make recommendations concerning a fair, impartial and
confidential process, including options for the role of an independent third
party, for resolving complaints made under the code; and (d) make
recommendations concerning training and education initiatives to ensure
compliance with the code; and that the Committee report its findings and
recommendations to the House with all due haste.”
Subsequently,
on December 4, 2014, the Committee adopted the following motion: “That,
pursuant to the Order of Reference of Thursday, November 27, 2014, and also
pursuant to Standing Orders 108.(1)(a) and 108.(1)(b), a
Subcommittee on a Code of Conduct for Members be established to: (a)
examine policy options for addressing complaints of harassment between Members
of the House of Commons; (b) make recommendations concerning a code of
conduct for Members for the prevention and resolution of harassment in the
workplace, including a clear definition of harassment; (c) make
recommendations concerning a fair, impartial and confidential process,
including options for the role of an independent third party, for resolving
complaints made under the code; (d) make recommendations concerning
training and education initiatives to ensure compliance with the code;
That
the Subcommittee be composed of seven (7) members, of which four (4) shall be
from the Government party, two (2) shall be from the Official Opposition, and
one (1) shall be from the Liberal Party, to be named following the usual
consultations with the Whips; that the Subcommittee be chaired by a member of
the Government party and that the Member for Elgin-Middlesex-London be named
Chair of the Subcommittee; and
That
the Subcommittee be empowered to send for persons, papers and records, to
receive evidence, to sit during a time when the Committee is not sitting in
Ottawa, to sit when the Committee is sitting outside the Parliamentary Precinct
and to sit during periods when the House stands adjourned.”
Introduction
During
its study, the Subcommittee on a Code of Conduct for Members (SCCC) held ten
meetings and heard from the following witnesses: Mr. Richard Denis, Deputy Law Clerk and Parliamentary Counsel, House of Commons; Mr. Pierre
Parent, Chief Human Resources Officer, House of Commons; Ms. Anne-Marie
Genin-Charette, Parliamentary Counsel (Legal), House of Commons, Mr. Philippe
Dufresne, Law Clerk and Parliamentary Counsel, House of Commons; Ms. Catherine Beagan Flood, Partner, Blake, Cassels & Graydon LLP; Mr. Andrew Heard, Associate Professor, Department of Political
Science, Simon Fraser University.
The
Subcommittee wishes to thank all of the witnesses for their important
contributions and invaluable assistance on this study.
The Subcommittee recommends that the following report be developed
into a Code of conduct on preventing and addressing sexual harassment between
Members of the House of Commons.
Mission
The
SCCC proposes that all Members take the following pledge by signing and
returning this document to House Administration:
As part of our mission to create an environment in which all
individuals can excel, as a Member of the Parliament of Canada, I commit to
contribute to a work environment free of sexual harassment. Part of our mission
is to create a workplace free of sexual harassment. Sexual harassment is
strictly prohibited. I commit to following the Code of Conduct for Members
of the House of Commons: Sexual Harassment.
Scope
The
Member-to-Member sexual harassment Code applies only to allegations of
non-criminal sexual harassment between Members. If it becomes apparent that
there are reasonable grounds to believe a Member has committed a criminal
offence, the office of the Law Clerk and Parliamentary Counsel is advised, and
the matter will be referred to the appropriate law enforcement agency,
following the agreement from the complainant.
Definition
The
SCCC proposes that the basic definition of sexual harassment in the
Member-to-Member sexual harassment Code be modelled on the following statement:
A Member shall not sexually harass any person. Sexual harassment,
in this context, means unwanted conduct of a sexual nature that detrimentally
affects the work environment.
Confidentially
Given
the personal nature of the matters of this Code, and given the potential
negative consequences of confidential matters being made public before all
facts are known, participants will commit to respecting confidentiality
throughout the process and to respecting the privacy of all participants.
Once
a matter has been resolved, part of the resolution may require that certain
information, but no more than is sufficient for the public to understand the
circumstances and consequences of the resolution, be disclosed publicly.
At
all stages of the process, all participants should proceed in a manner that
protects the privacy and personal information of all participants. Personal
information includes any information that would enable someone to identify an
individual.
Except
in the case where the House takes action against a Member, if at any time when
a mutually acceptable resolution has been achieved, the process shall cease and
any public disclosure of information shall only be made in accordance with the
terms of any resolution, or as may be required to explain any consequences for
a Member.
Under
this Code, any instances of confidential information being communicated to the
public can be referred immediately to the Standing Committee on Procedure and
House Affairs (PROC) to be dealt with in any manner that the Committee deems
appropriate.
Roles and Responsibilities
A
goal of the Member-to-Member sexual harassment Code is to create a culture in
which ongoing deterrents to reporting are diminished and complainants feel as
safe as possible in coming forward with a complaint. It is a complainant-driven
process; when a complainant is satisfied, the process ends.
Confidentiality
is of the utmost importance.
1. Whips
Whips:
- May facilitate informal conversations with the complainant and
respondent from their party.
- May be involved in coordination of mediation and investigations,
and where appropriate involve the Chief Human Resources
Officer of the House of Commons (CHRO).
- As part of a resolution, may coordinate any disciplinary and/or
accommodation measures deemed necessary.
2. Chief Human Resources Officer
Acting
on behalf of Members, the CHRO will provide training and education initiatives
to Members on matters related to sexual harassment between Members, as outlined
in the section below “Training and Education”.
In
the event of a sexual harassment complaint between Members of the House of
Commons, the CHRO, acting on behalf of the House, will:
- Act as an initial point of contact for
Members for complaints of sexual harassment between Members. Members may also
decide to approach their Whip as the initial point of contact.
- Hold discussions between Members, and with their consent
facilitate the resolution of the situation.
- Offer mediation at all stages of the resolution process, and in
particular at early stages before a formal complaint is filed. The CHRO may
make arrangements for confidential mediation if he or she is of the view that
it would be best to attempt a resolution through a form of mediation with a
mediator acceptable to both Members.
- Direct Members to the dispute resolution options.
- Receive formal complaint and acknowledge receipt in writing to all
parties.
- If applicable, coordinate the work of the mediator and/or external
investigator.
- In cases where mediation is unsuccessful,
and with the consent of the complainant, initiate a process to investigate the
facts related to the complaint. For that purpose, the CHRO may retain the
services of an external investigator. That investigator conducts the investigation.
- Maintain, in a confidential manner, all records and documentation
related to sexual harassment complaints, including the original complaint, any
third party report, and all evidence gathered during an investigation.
Such records will be kept for five years from the date the
complaint was resolved.
3. External Investigator
When
the services of an external investigator are required, the investigator will be
retained by the CHRO. The investigator is responsible for:
- Conducting the investigation in a fair, impartial and timely
manner.
- Informing the parties involved of the protocol that will be
followed and of their roles in the investigation process.
- Where applicable, stating in the report that there was
insufficient facts for a finding of sexual harassment.
- Where applicable, stating in the report that there are facts to
support a conclusion that the respondent has engaged in behaviour that would
constitute sexual harassment.
- Where applicable, stating in the report that the formal
complaint made by the complainant was frivolous or vexatious or not made in
good faith.
Resolution Process
Step
1 – Reporting Inappropriate Behaviour and Initiating Informal Discussions
A. Sexual Harassment Allegation, Members of Same Political Party
For
a sexual harassment concern within a political party, the complainant may
choose to communicate directly with their party Whip. The Whip shall discuss
the matter with the respondent in order to obtain further information. The CHRO
can act as a resource during such discussions.
The
decision of a complainant to go directly to the CHRO or Whip must be respected.
A goal of the
Member-to-Member sexual harassment Code is to create a culture in which ongoing
deterrents to reporting are diminished and complainants feel as safe as
possible in coming forward with a complaint. Confidentiality is of the utmost importance.
For
sexual harassment concerns where the complainant or respondent is a Whip, the
party’s House Leader will assume the role of the Whip as set out in this
process.
If
there is no satisfactory resolution, the complainant can then choose to
communicate with the CHRO. For the purposes of initial intake, record-keeping,
arranging mediation and conducting an investigation, the Whip may communicate
with the CHRO, provided the complainant consents.
B. Sexual Harassment Allegation, Members of Different Political Party
Where
the complainant and respondent are members of different caucuses, the CHRO, or
a party designated by the CHRO, shall discuss the matter with the respondent.
The CHRO or their designate shall meet with the complainant and respondent
respectively to discuss how to proceed. The complainant and respondent may
choose to involve their respective party Whips in the process.
The
decision of a complainant to go directly to the CHRO or Whip must be respected.
A goal of the
Member-to-Member sexual harassment Code is to create a culture in which ongoing
deterrents to reporting are diminished and complainants feel as safe as
possible in coming forward with a complaint. Confidentiality is of the utmost importance.
In
cases where Members decide to allow their party Whip to coordinate the
resolution process, the Whip may communicate with the CHRO for the purposes of
record keeping, provided the complainant consents.
C. Sexual Harassment Allegation Involving an Independent Member
Where
the complainant or respondent is an Independent member, the CHRO, or a party
designated by the CHRO, shall perform all coordination duties for the purposes of
the process.
Step
2 – Mediation
If
the CHRO, or Whip if involved, is of the view that it would be best to attempt
a resolution through a form of voluntary mediation, the CHRO or Whip shall
raise that option with the Members and, if they agree, the CHRO shall make
arrangements for confidential mediation with a mediator acceptable to the Members
involved.
All
materials prepared for and information exchanged at mediation are confidential.
An agreement to mediate will be signed by the parties attending mediation to
outline their specific obligations of confidentiality and privacy during the
mediation process.
Where
the mediator is engaged from outside the House Administration, the costs of the
mediation will be paid for out of a central budget of the House Administration.
Members
have access to the services of the Finding Solutions
Together program of the House of Commons Administration, including facilitation
services.
Step 3 – Formal Complaint and Investigation
If
mediation is not pursued, or is unsuccessful, the CHRO may request that the
complainant prepare a formal complaint and that the CHRO retain the services of
a third party investigator to investigate the facts related to the alleged
complaint of sexual harassment and to prepare a draft report.
If
the investigator concludes that there is insufficient evidence to support a
claim of sexual harassment, the investigator shall so state in the draft
report. If the investigator concludes that the respondent has engaged in
behaviour that constitutes sexual harassment or is of the opinion that the
formal complaint made by the complainant was frivolous or vexatious or was not
made in good faith, the investigator shall so state in the draft report.
The
CHRO distributes the draft report to the complainant and respondent for their
review. Both have 15 days to submit their comments on the draft report, in
writing, to the CHRO. Following the reception of any comments provided by the
complainant and/or respondent, the investigator will prepare a final report
that includes any such comments. The preparation of the draft and final reports
will be treated in a manner that respects the privacy of the Members
involved and other individuals who provided evidence. The CHRO provides a copy
of the final investigation report to the complainant and the respondent.
The
final report shall be provided to the CHRO to determine appropriate next steps,
in consultation with the parties. At any time during the investigation, the
parties may agree to suspend the investigation and return to mediation.
Step 4 – Discipline
Referral
to the appropriate Whip: Following an investigation in which a complaint was
substantiated, the complainant may advise the CHRO in writing within 15 days of
receiving the report that they believe the matter warrants further action
against the respondent. In cases where there was a finding that a complaint was
frivolous or vexatious or not made in good faith, the respondent may advise
the CHRO in writing within 15 days of receiving the report that they
believe the matter warrants further action against the complainant.
The
CHRO will bring the matter to the attention of the appropriate Whip, in
writing, and submit the report to the Whip. Within 15 days of receiving the
report, the Whip will provide the CHRO with a proposed course of disciplinary
action. The CHRO would then share that proposed action with the complainant to
determine if that proposed disciplinary action would result in the matter being
resolved to the satisfaction of the complainant.
If
the proposed disciplinary action is not deemed satisfactory to the complainant,
the complainant may then suggest additional remedies to the CHRO that would be
communicated with the respondent’s party Whip. If the respondent’s party
Whip agrees to those measures then the matter would be deemed satisfactory to
the complainant.
If
there is not a satisfactory resolution, the matter would be referred to PROC.
Referral
to PROC: If a Member involved believes the course of action proposed by
the appropriate Whip would not resolve the matter to their satisfaction or if
the appropriate Whip, with the consent of the Member involved, believes the
matter warrants further action against any Member, they may bring the matter to
the attention of the Chair of PROC, in writing, including a copy of the
investigation report.
The
Members who are the subject of the investigation report have the right to
address PROC on the subject of the investigation report, as well as have access
to view the evidence and documentation.
PROC
may recommend any sanctions that the House of Commons has available to it to
address the findings of the investigation report.
PROC
must include in any report the reasons for any conclusions and recommendations.
Until
PROC tables its report in the House of Commons, the Member who referred the
matter to the Committee may indicate in writing to the Chair that they no
longer wish to pursue the investigation, at which time the matter is deemed
withdrawn.
PROC
will hold its proceedings in camera. The Committee will also determine
whether some, all, or a summary of the investigator’s report may be used as
evidence before the Committee.
In the event
that a complainant or respondent is a Member of the Committee, the respondent
or complainant shall not participate, as a Member of the Committee, in the
proceedings of the Committee on the inquiry, provided that the Member’s Whip
may designate one of the same party’s associate members, or another member of
the party’s caucus, to act as a Member of the Committee, for the purposes of
those proceedings, as if that second member had been originally appointed as a
Member of the Committee.
The
report PROC presents to the House of Commons may contain only a summary of the
investigation report that will be anonymized and will respect the privacy of
the complainant and other individuals who provided evidence. In a case where a
Member was found to have made a complaint that was frivolous or vexatious or
not made in good faith, the respondent is not identified.
Referral
to the House of Commons: The Chair of the Standing
Committee on Procedure and House Affairs shall table the report on the study of
the investigation in the House when it next sits.
Within
ten sitting days after the tabling of the report of the Standing Committee on
Procedure and House Affairs, the Member that is subject of the report shall
have the right to make a statement in the House.
Any
motion in the House respecting a Committee report ought to not be moved until
the member who was the subject of the report has made a statement or the ten
sitting days allowed for the statement have lapsed, whichever is earlier.
A
motion to concur in a report of the Standing Committee on Procedure and House
Affairs may be moved during Routine Proceedings, when it shall be considered for
no more than three hours, after which the Speaker shall interrupt any
proceedings then before the House and put forthwith and successively, without
further debate or amendment, every question necessary to dispose of the motion.
During debate on the motion, no Member shall speak more than once or longer
than ten minutes.
If
no motion pursuant to the adoption of a report of the Standing Committee on
Procedure and House Affairs has been previously moved and disposed of, a motion
to concur in the report shall be deemed to have been moved on the 30th siting
day after the day on which the report was tabled, and the Speaker shall
immediately put every question necessary to dispose of the motion.
At
any point before the House has dealt with the report, whether by deemed
disposition or otherwise, the House may refer it back to the Standing Committee
on Procedure and House Affairs for further consideration, with instruction.
Any
statements made in the House of Commons regarding a matter related to the Code
should respect the confidentiality of the resolution process and the privacy of
the Members involved and other individuals who provided evidence in the course
of an investigation.
Suspension
of Inquiry
The
Chief Human Resources Officer shall immediately suspend the resolution process
into a matter if:
- there are reasonable grounds to believe that a Member has
committed an offence under an Act of Parliament, in which case the Chief Human
Resources Officer shall, in consultation with the Law Clerk and Parliamentary
Counsel, notify the proper authorities of his or her belief or
- it is discovered that the act or omission under investigation is
also the subject of an investigation to determine if an offence under an Act of
Parliament has been committed, or a charge has been laid with respect to that
act or omission.
The
Chief Human Resources Officer shall not continue the resolution process until
the other investigation or the charge regarding the act or omission has been
finally disposed of.
Training
and Education
The
SCCC considers that it is important that all members be briefed on the contents
of this Code at the start of each new Parliament.
The
CHRO proposes the following Education and Awareness Program for Members:
- The
IntraParl home page now includes an icon for accessing the new Harassment
Prevention section.
- Presentations
will be made available to the various caucuses to discuss the application
of the Code.
- CHRO is
currently working with training experts to design more formal presentations
for Members and staff.
- The
following activities are being planned as part of the Members’ Orientation
Program after the next election:
- Information
to be included in the initial material provided to Members after the
election;
- Possible
presentations during the administrative orientation session; and
- Distribution
of information at the service fair.
- CHRO will
work with the Whips to establish an approach for delivering information
and refresher sessions throughout the next Parliament.
- CHRO will
use the iBulletin to remind Members of their responsibilities in
preventing harassment.
- This
strategy was developed in the context of the House of Commons Policy
on Preventing and Addressing Harassment, which applies to Members as
employers. This strategy can be easily modified to include awareness
of the Code applicable between Members.
The Finding
Solutions Together program may be extended to Members, as was done in the
case of the House of Commons Policy on Preventing and Addressing
Harassment.
Review
Without prejudice to the Committee sooner reviewing the Code of Conduct for
Members of the House of Commons: Sexual Harassment, or adjusting elements
of the process, the Committee should undertake a review of the Code once two
years has passed since its implementation.
CHANGES TO THE STANDING ORDERS
The Committee
recommends that the Standing Orders of the House of Commons be amended:
- (a) by
adding the following new subparagraph to Standing Order 108(3)(a):
- “(ix) the review of and report on all matters
relating to the Code of Conduct for Members of the House of Commons: Sexual
Harassment.”;
- (b) by
adding as an appendix the Code of Conduct for Members of the House of
Commons: Sexual Harassment set out in the appendix of this
report;
That the changes
to the Standing Orders come into effect at the beginning of the 42nd Parliament; and
That the Clerk
of the House be authorized to make any required editorial and consequential
alterations to the Standing Orders, provided that the Clerk of the House inform
the Committee, in writing, of any editorial and consequential alterations they
make.
A copy of the relevant Minutes of Proceedings of the
Committee (Meeting
No. 86) is
tabled and a copy
of the relevant Minutes of Proceedings of the Subcommittee on a Code of
Conduct for Members (Meetings
Nos. 1 to 10) is tabled.
Respectfully submitted,
JOE PRESTON
Chair
CODE OF CONDUCT FOR MEMBERS OF THE HOUSE OF COMMONS: SEXUAL HARASSMENT
Mission
Purposes
1. The purposes of this Code are to
(a) create an environment at the House of Commons that allows all Members to excel in
their public duties and functions and that is free of sexual harassment;
(b) encourage reporting, by
Members, of instances of sexual harassment;
(c) establish a resolution process that is complainant-driven and that the complainant can
bring to an end at any point;
(d) ensure confidentiality
throughout the resolution process, unless otherwise provided for in this Code;
and
(e) implement the recommendations
of the 38th report of the Second Session of the 41st Parliament of the
Standing Committee on Procedure and House Affairs.
Interpretation
Definitions
2. The following definitions apply in this Code.
“CHRO”
« dirigeant principal »
“CHRO” means
the Chief Human Resources Officer of the House of
Commons Administration.
“complainant”
« plaignant »
“complainant”
means a Member who reports allegations of sexual harassment in accordance with
section 8.
“investigator”
« enquêteur »
“investigator”
means an external investigator engaged by the CHRO to
conduct an investigation of a formal complaint of sexual harassment on his or
her behalf.
“participant”
« participant »
“participant”
means the complainant, respondent or any other individual involved in the
resolution process.
“personal information”
« renseignement personnel »
“personal
information” means any information that would enable someone to identify an
individual.
“resolution process”
« processus de résolution »
“resolution
process” includes the reporting of allegations of sexual harassment and the initiating of informal discussions, the
mediation process, and the filing of a formal complaint and its investigation,
as well as any disciplinary action that may be imposed.
“respondent”
« défendeur »
“respondent”
means a Member who is the subject of allegations of
sexual harassment reported in accordance with section 8.
“sexual harassment”
« harcèlement sexuel »
“sexual
harassment” means unwanted conduct of a sexual nature that detrimentally
affects the work environment.
Scope
Application
3. This Code applies only to allegations of sexual harassment between
Members.
On behalf of the House
4. The CHRO, in carrying out his or her functions under this Code, is acting
for and on behalf of the House of Commons.
Rules of Conduct
Sexual harassment prohibited
5. A Member shall not sexually harass another Member.
Respect
confidentiality and privacy
6. A Member shall not disclose information related to the resolution process
or any personal information related to any participant, unless otherwise
provided for in this Code.
Pledge
7. Every Member shall commit to contributing to a work environment free of
sexual harassment by signing the pledge in the form set out in Form 1 and
returning it to the CHRO within 60 days after the notice of his or her election
to the House of Commons is published in the Canada Gazette, or within the first 30 sitting
days of the ensuing Parliament or, in the case of a Member elected at a by-election, within the first 30 sitting days
following the
Member’s introduction in the House, whichever is later.
Resolution Process
Reporting Allegations of Sexual Harassment and Initiating
Discussions
Report to CHRO or Whip
8. (1) A Member may report allegations of sexual harassment
(a) to the CHRO; or
(b) to his or her Whip, if the respondent is a member of the
same caucus.
Exception: Independent
Members
(2) Despite subsection (1), if the complainant or the
respondent is an independent Member, any sexual harassment allegations
involving them shall be dealt with by the CHRO or an
individual designated by the CHRO.
Authority over
discussions
(3) The CHRO or Whip, as the case may be, shall manage the
discussions relating to the allegations of sexual harassment.
CHRO or Whip to
discuss
(4) The CHRO or Whip, as the case
may be, shall inform the respondent of the allegations reported under
subsection (1) and may request additional information from the respondent.
CHRO or Whip to
facilitate
(5) The CHRO or Whip, as the case may be, may facilitate
discussions between the complainant and the
respondent in order to resolve the issue.
CHRO participation
(6) If the sexual harassment allegations are reported to
the Whip under subsection (1), the Whip may, with the complainant’s consent, invite the
CHRO to participate in the discussions described in
subsection (4).
Decision respected
9. All participants shall be bound to the complainant’s choice of the CHRO
or Whip under subsection (1).
Whip involved
10. Despite section 8, if the Whip of a party is
either the complainant or respondent, the House
Leader of that party shall assume the role of the Whip.
Matter dealt with by
CHRO
11. The complainant who
chose to report sexual harassment allegations to his or her Whip under
paragraph 8(1)(b) may, at any time during the resolution process, choose to have the
matter dealt with by the CHRO.
Administration of
process
12. If the sexual
harassment concern is first reported to the Whip under section 8, the Whip may, with the
complainant’s consent, communicate with the
CHRO for the purpose of aiding in the administration of the resolution process,
including record-keeping.
Whip involvement
13. The complainant and
the respondent may choose to be assisted by their respective Whips at any time
during the resolution process.
Mediation
Encourage mediation
14. The CHRO or Whip, as
the case may be, shall offer mediation at all stages of the resolution process and, in
particular, before a formal complaint is filed.
Mediation
15. (1) Upon the
completion of the discussions described in section 8,
the CHRO or Whip, as the case may be, shall raise with the complainant and
respondent the possibility of resolution through mediation.
Arrangements
(2) If the complainant and respondent agree to mediation,
the CHRO shall make arrangements for confidential
mediation with a mediator acceptable to the complainant and respondent.
Agreement to mediate
(3) If the complainant and respondent agree to mediation,
they shall sign a mediation agreement that outlines their specific obligations of confidentiality and privacy during the mediation
process.
Materials and
information confidential
16. All materials prepared
for, and information exchanged at, mediation shall be confidential.
Mediation paid from
central budget
17. Where the mediator is
engaged from outside the House of Commons
Administration, the costs of the mediation shall be paid from a central budget
of the House of Commons Administration.
Finding Solutions
Together
18. Members have access at
all times to the House of Commons Administration’s program
called Finding Solutions Together, which provides
facilitation services.
Formal Complaint and Investigation
Formal complaint filed
19. (1) If the complainant and respondent do not agree to proceed by
mediation, or if the matter is not resolved to the complainant’s satisfaction, the
complainant may file a formal complaint with the CHRO that the respondent
has engaged in sexual harassment.
Form of complaint
(2) The complaint shall be in writing, shall be signed by
the complainant and shall include a description of
the nature of the alleged sexual harassment and the identity of the respondent.
Investigator retained
20. Upon receipt of a formal complaint, the CHRO shall acknowledge the
complaint in writing and retain the services of an investigator to investigate the facts related to the allegations of sexual
harassment filed under section 19.
Fair, impartial
investigation
21. (1) The investigator
shall conduct the investigation in a fair, impartial and timely manner.
Protocol
(2) The investigator shall inform
the participants of the protocol that will be followed and of the role of the
participants in the investigation process.
Respect
confidentiality
(3) The investigation of a formal complaint shall be
conducted in a manner that respects the confidentiality and privacy of the Members involved and of any
other individuals who provide evidence.
Report
22. The investigator shall
submit a report to the CHRO that contains one of the following conclusions:
- (a) there is sufficient evidence to support a claim that the respondent has engaged in a conduct that constitutes
sexual harassment;
- (b) there is insufficient evidence to support a claim of
sexual harassment; or
- (c) there is insufficient evidence to support a claim of
sexual harassment, and the complaint was frivolous or
vexatious or was not made in good faith.
CHRO to distribute
report
23. (1) The CHRO shall
provide a draft copy of the report to the complainant and the respondent for
their review.
Comments
(2) The complainant and the respondent shall provide their written comments on the draft report to the CHRO
within 15 days of receiving the report.
Final investigation
report
(3) The CHRO shall transmit to the investigator any
comments received under subsection (2), along with his or her observations on
the comments, as well as instructions for the
preparation of the final investigation report.
CHRO to provide final
investigation report
24. (1) The CHRO shall
provide a copy of the final investigation report to the complainant and to the
respondent.
Next steps
(2) The CHRO shall inform the
complainant and the respondent of the various courses of action to address the
findings in the final investigation report.
Mediation
25. At any time during the
investigation, the complainant and the respondent may agree to suspend the investigation and resolve the issue through mediation.
Decision
Referral to the Whip
Further actions
26. (1) Where the final investigation report in relation to a formal
complaint indicates that there is sufficient evidence to support a claim of
sexual harassment, the complainant may notify the
CHRO, in writing, within 15 days of receiving the final investigation report
that he or she believes the matter warrants further action.
Attention of the Whip
(2) Upon receiving a notice under subsection (1), the CHRO shall inform the respondent’s Whip of the notice,
in writing, and shall submit the final investigation report to the Whip.
Frivolous, vexatious
or not in good faith complaint
27. (1) Where the final investigation report in relation to a formal
complaint indicates that a complaint was frivolous or
vexatious or not made in good faith, the respondent may notify the CHRO, in writing,
within 15 days of receiving the final investigation report that he or she
believes the matter warrants further action.
Attention of the Whip
(2) Upon receiving a notice under subsection (1), the CHRO
shall inform the complainant’s Whip of the notice, in writing, and shall submit the
final investigation report to the Whip.
Proposed discipline
28. (1) Within 15 days of
receiving a notice under subsection 26(2) or 27(2),
the Whip concerned shall provide the CHRO with a proposed course of
disciplinary action.
Inform
(2) The CHRO shall inform the following individuals of the
proposed course of disciplinary action:
- (a) the complainant, in the case
where the final investigation report indicates that there is sufficient
evidence to support a claim of sexual harassment; and
- (b) the respondent, in the case where the final investigation
report indicates that a complaint was frivolous or vexatious
or not made in good faith.
Additional remedies
(3) If the disciplinary action proposed by the Whip under
subsection (1) is not satisfactory to the complainant or the respondent, as the
case may be, the complainant or the respondent may suggest a further course of disciplinary action to the CHRO.
Communicate
(4) The CHRO shall inform the Whip concerned of the further
course of disciplinary action suggested under subsection (3).
Deemed satisfactory
(5) Where there is agreement on the course of disciplinary action pursuant to subsection (2) or (4), the
matter shall be deemed to be resolved.
Discipline
(6) Once the matter is deemed to be resolved, the Whip in
question shall implement the course of disciplinary action.
Referral to the Standing Committee on Procedure and House Affairs
Request to the Standing Committee on Procedure
and House Affairs
29. (1) If either Member is
not satisfied with the course of disciplinary action pursuant to subsection
28(2) or (3), the
complainant or respondent may bring the matter to the
attention of the Chair of the Standing Committee on Procedure and House
Affairs.
Request by the Whip. Consent
(2) For the purpose of subsection (1), the Whip of the
complainant or the respondent may bring the matter to the attention of the Chair of the Standing Committee on Procedure and House
Affairs, with the consent of the complainant or the respondent.
Written request
(3) Any request made to the Chair of the Standing Committee
on Procedure and House Affairs under subsection (1) or (2) shall be made in writing and shall include a copy of the final investigation report.
Chair to convene
meeting upon written request—Forty-eight hours' notice
required
(4) Within five days of the receipt of the request pursuant
to subsection (3), the Chair of the Standing
Committee on Procedure and House Affairs shall designate a date for a meeting
within the next 60 days, provided that forty-eight hours’ notice is given of
the meeting.
Inquiry to be in camera
30. (1) The Standing Committee
on Procedure and House Affairs shall hold its
proceedings in camera. The Committee shall determine
whether all or part of the final investigation report – or a summary of it – may be used as evidence
before the Committee.
Retention of documents
(2) The Committee shall retain
all evidence and documentation, including in camera transcripts, related
to its inquiry for a period of five years following the date of the
presentation of its report to the House of Commons, pursuant to section 37 of this Code, or following the
date the matter was deemed withdrawn from the Committee, pursuant to section 32
or 33 of this Code, as the case may be.
Destruction of documents
(3) At the conclusion of the period provided for in subsection
(2), the Clerk of the House shall cause all evidence and documentation related
to the Committee’s inquiry, including in camera transcripts, to be
destroyed unless the Committee directs otherwise.
Appearance of Members
31. The complainant and
respondent shall have the opportunity to appear before the Standing Committee
on Procedure and House Affairs in relation to the report.
Withdrawal of matter from Committee
32. Until the Standing
Committee on Procedure and House Affairs presents its
report to the House of Commons pursuant to section 37, the Member who requested that the Committee study the
matter may indicate in writing to the Chair that he or she no longer wishes to
pursue the matter, at which time it is deemed
withdrawn from the Committee.
Member ceases to be a Member
33. In the event that a
complainant or a respondent is no longer a Member of the House of Commons
during the course of the Committee’s study, the matter is deemed withdrawn from
the Standing Committee on Procedure and House
Affairs.
Reasons
34. The Standing Committee
on Procedure and House Affairs shall include in the report the reasons for any
conclusions and recommendations.
Report
35. (1) The report of the Standing Committee on Procedure and House
Affairs shall contain only a summary of the final investigation report, shall not disclose the identity of any of the
participants and shall respect the privacy of the complainant and other individuals who provided evidence.
Sanctions
36. In its report, the
Standing Committee on Procedure and House Affairs may recommend any appropriate
sanctions available to the House of Commons. The Member being sanctioned may
be named in the report.
Referral to the House of Commons
Reports from Committee—Succinct explanation allowed
37. Forthwith following an
inquiry, the Chair of the Standing Committee on Procedure and House Affairs
shall present its report to the House, pursuant to Standing Order 35(1).
Member may address
House—Confidentiality respected
38. Within ten sitting days after
the presentation of the report of the Standing Committee on Procedure and House
Affairs, the Member who is the subject of the report shall have the right to
make a statement in the House, provided that he or
she shall not speak for more than 20 minutes and that he or she shall respect
the confidentiality of the resolution process and the privacy of the Members
involved and of other individuals who provided evidence.
Motion to concur in a report
39. (1) A motion to concur in a report of the Standing Committee on
Procedure and House Affairs made
pursuant to this Code may be moved during Routine Proceedings, provided that
the notice period, pursuant to Standing Order 54(1), is respected and that any motion to concur in the report shall not be moved until
either the Member has made a statement pursuant to
section 38 or ten sitting days have elapsed since the presentation of the
report.
Debate on concurrence in a committee report
(2) A motion moved pursuant to subsection (1) shall be considered for no more
than three hours, after which time, unless previously disposed of,
the Speaker shall interrupt any proceedings then before the House and put all
question necessary to dispose of the motion without further
debate or amendment. During debate on the motion, no Member shall speak more
than once or longer than ten minutes and if the debate is adjourned or
interrupted:
- (a) the motion shall again be considered on a day designated by the Speaker after
consultation with the House Leaders of the recognized parties, but in any case
not later than the tenth sitting day after the adjournment or interruption;
- (b) debate on the motion shall be resumed at the ordinary hour of daily adjournment
on the day designated pursuant to paragraph (a) and shall not be
further adjourned or interrupted; and
- (c) when no Member rises to speak or after a
total of three hours of debate, whichever is earlier, the Speaker shall put all questions necessary to dispose of the
motion, provided that, if a recorded division is requested on the motion
considered on a day designated pursuant to paragraph (a) of this subsection,
it shall stand deferred to an appointed time on the
next Wednesday, no later than the expiry of the time provided for Government
Orders on that day.
Vote
(3) If no motion pursuant to this section has
been moved and disposed of, a motion to concur in the report shall be deemed to
have been proposed on the 30th sitting day after the
day on which the report was presented to the House. At the expiry of the time
provided for Government Orders, the Speaker shall put forthwith every question
necessary to dispose of the motion, provided that either the Chief Government Whip or the Chief Opposition Whip may
ask the Speaker to defer the division to an appointed time no later than the
ordinary hour of daily adjournment on the next sitting day that is not a
Friday.
Confidentiality
40. Statements made in the House of Commons regarding a specific matter related
to this Code must respect the confidentiality of the resolution process and the
privacy of the Members involved and of other individuals who provided evidence.
Referral back to Committee
41. At any time before the House has concurred in the report, the House may
refer the report back to the Standing Committee on Procedure and House Affairs
for further consideration.
Vacancy
42. In the event that the
complainant or the respondent ceases to be a Member of the House of Commons following the presentation of the report of the
Standing Committee on Procedure and House Affairs to the House, any motion to
concur in the report is deemed withdrawn and dropped from the Order Paper.
Effect of prorogation or dissolution
43. Following a
prorogation or dissolution of Parliament, provided that the complainant and
respondent remain Members of the House:
- (a) any Member involved, or the appropriate Whip with the
consent of the Member involved, may resubmit the matter to the attention of the Chair of the Standing Committee on Procedure and
House Affairs in writing, at which time the procedures outlined in section 29
shall apply; and
- (b) once seized of the matter in accordance with paragraph (a), the Standing
Committee on Procedure and House Affairs may present
the report of findings to the House anew, provided that the House had not
concurred in the Committee’s report in the previous session or Parliament.
Suspension of the Resolution Process
Suspension of
resolution process
44. (1) The CHRO shall immediately suspend the resolution process if:
- (a) there are reasonable grounds to believe that a Member has
committed an offence under an Act of Parliament or provincial legislation, in
which case the CHRO shall, in consultation with the Law Clerk and Parliamentary Counsel, notify the proper
authorities of his or her belief; or
- (b) it is discovered that the conduct under investigation is
also the subject of an investigation to determine if an offence under an Act of
Parliament or provincial legislation has been
committed or that a charge has been laid with respect to that act.
Resolution process
continued
(2) The CHRO shall not continue the resolution process
until the other investigation has been completed or there has been a final
disposition of the charge laid with respect to that
conduct.
Confidentiality
Information publicly
disclosed
45. Any public disclosure,
by the CHRO, of personal information or of information related to the
resolution process shall only be made in accordance with the terms of the resolution of a complaint, and shall be no more
than is sufficient for the public to understand the circumstances and
consequences of the resolution.
Sanctions against
Member
46. Where the House of
Commons takes action against a Member, the House may only
disclose information if it is necessary to explain any consequences for a
Member.
Reference to the
Standing Committee on Procedure and House Affairs
47. If confidential
information has been communicated to the public in violation of this Code, the
matter shall be referred to the Standing Committee on
Procedure and House Affairs to be dealt with in any manner that the Committee
deems appropriate.
Educational Activities
Educational activities
48. The CHRO shall
undertake educational activities for Members on the content of this Code and on matters related to the prevention of sexual
harassment.
New Parliament
49. The CHRO shall brief
Members on the contents of this Code at the start of each new Parliament.
Miscellaneous
Retention of documents
by CHRO
50. The CHRO shall retain all documents relating to an allegation raised or a
formal complaint filed under this Code for a period of five years from the date
the matter was resolved, after which the documents shall be destroyed, unless a
charge has been laid against the respondent under an
Act of Parliament and the documents may be relevant to that matter.
Review after
implementation
51. The Standing Committee on Procedure and House Affairs shall undertake a
review of this Code no more than two years after its coming into force.
Part of the Standing Orders
52. This Code shall form
part of the Standing Orders of the House of Commons.
SCHEDULE
FORM 1
As part of the House of Commons’ mission to create an environment in
which all individuals can excel, I, ……, Member of Parliament, commit to
contribute to a work environment free of sexual harassment. I recognize that
part of our mission is to create a workplace free of sexual harassment and that sexual harassment among Members of Parliament is
strictly prohibited. I further commit to following the Code of Conduct for Members of the House of Commons: Sexual Harassment.