Bill C-65 amended the Canada Labour Code to mandate independent workplace harassment and violence investigations for federally regulated employers. With over 10 years of experience in this area, Roots Investigation Services provides compliant, legally defensible investigations.
Bill C-65 came into force in January 2021, amending Part II of the Canada Labour Code to extend workplace harassment and violence protections to all federally regulated workplaces.
The legislation requires employers to conduct a workplace assessment, implement a prevention plan, and establish a clear resolution process — including investigation by a qualified, neutral third party when a notice of occurrence is filed.
Non-compliance can result in inspections by Employment and Social Development Canada (ESDC), compliance orders, and significant legal and reputational risk. The obligation to investigate is not discretionary — it is a legal requirement.
Our experience with Bill C-65 matters spans over 10 years — including investigations at a major federally regulated airline and a 120+ employee workplace assessment across remote Nunavut communities.
Each step follows the requirements of the Workplace Harassment and Violence Prevention Regulations (SOR/2020-130).
An employee files a notice of a workplace harassment or violence occurrence. This formally triggers the C-65 resolution process under the Canada Labour Code.
Regulatory TriggerThe parties first attempt to resolve the matter through facilitated negotiated resolution. If unsuccessful or inappropriate, the matter proceeds to formal investigation.
Resolution AttemptThe employer and responding party jointly agree on a qualified independent investigator. Roots Investigation Services is appointed as the neutral third party.
Our Engagement BeginsStructured, procedurally fair interviews with all principal parties and witnesses. Document and records review conducted against applicable standards.
Investigation PhaseA comprehensive written report with findings of fact, conclusions, and recommendations — delivered within regulatory timelines and provided to all parties as required.
Final DeliverableThe employer implements corrective actions based on our recommendations. We provide advisory support to ensure the response is compliant and defensible.
Post-InvestigationA joint assessment to identify risk factors for harassment and violence, conducted with the applicable workplace committee or representative.
A written harassment and violence prevention plan — implemented and reviewed at least every three years or after any occurrence.
When a notice is received, employers must respond within prescribed timelines and offer the resolution options outlined in the Regulations.
If negotiated resolution fails, a qualified, neutral third-party investigator must be jointly appointed to conduct a formal investigation.
Employers must submit an annual report to the Minister on the number of occurrences, resolutions, and outstanding matters.
All employees — including managers and designated recipients — must receive training on the prevention plan and employer obligations.