Overview

Understanding when and how a workplace investigation is triggered under Bill C-65 is essential for federally regulated employers. This blog post breaks down the formal process from the moment a notice of occurrence is submitted to when an investigation must be initiated. We’ll walk you through the reporting obligations, the thresholds for moving beyond informal resolution, the involvement of principal parties, and what incidents fall within the scope of the law. However, this blog is not legal advice and you should retain one of our employment lawyers if you have questions on how Bill C-65

What Is Bill C-65?

Bill C-65 is a federal law that amended the Canada Labour Code and applies to all federally regulated employers, including banks, telecommunications companies, railways, airlines, First Nations, and federal Crown corporations. It came into effect on January 1, 2021, and its goal is to prevent and address incidents of workplace harassment and violence.

The legislation introduced a three-part framework:

1. Prevention: Employers must identify risk factors and implement policies and training to prevent incidents.
2. Response: Employers must respond appropriately when an incident occurs.
3. Support: Employers must support affected employees, including offering access to support services.

This framework is enforced by regulatory inspections, penalties for non-compliance, and the possibility of administrative monetary penalties.

What Is Considered Harassment and Violence Under Bill C-65?

Bill C-65 defines workplace harassment and violence broadly. It includes any action, conduct, or comment that can reasonably be expected to cause offence, humiliation, or other psychological or physical harm.

This definition covers:

• Sexual harassment
• Bullying
• Verbal abuse
• Physical threats or assault
• Repeated offensive remarks
• Isolated but severe incidents
• Cyber-harassment through work-related channels

What Triggers a Workplace Investigation?

Not every disagreement or unpleasant conversation leads to a formal investigation. However, under Bill C-65, there are clear thresholds and employee rights that determine when a workplace investigation becomes mandatory.

A Formal Notice of Occurrence Is Submitted

An investigation under Bill C-65 is typically triggered when an employee submits a notice of occurrence. This is a formal written or verbal statement describing an incident of harassment or violence. The employee may report the incident to their supervisor, employer, or a designated recipient, or use any reporting mechanism outlined in the workplace’s harassment and violence prevention policy.

Once a notice of occurrence is submitted, you, as the employer, have specific obligations to fulfill. You’re required to acknowledge receipt of the notice within 7 days. After acknowledgment, you must review the contents of the notice to determine whether the reported incident meets the regulatory definition of harassment or violence.

If the notice is accepted, you’re responsible for moving forward with the appropriate next steps. These may include pursuing one of the available resolution options or initiating a formal investigation, depending on the circumstances of the incident.

The Incident Cannot Be Resolved Informally

Bill C-65 encourages resolution through informal means where appropriate.

These may include:

• Mediation
• Joint discussions
• Conflict resolution processes

However, if the employee doesn’t agree to informal resolution, or if the process does not succeed, the employer must move forward with a formal investigation. The law gives employees the right to decline an informal resolution without any penalty or delay.

Principal Party Agrees That an Investigation Is Needed

The term “principal party” refers to the complainant (the person who submitted the notice of occurrence) and the respondent (the person alleged to have caused the incident).

If the principal party requests an investigation or if informal methods have failed, the employer must appoint a qualified and impartial investigator. The principal party must also be given an opportunity to agree to the investigator before the process begins. If no agreement is reached after 60 days, the Minister of Labour will select an investigator.

The Nature of the Incident Falls Within the Scope of the Regulations

Some incidents may be ambiguous. For example, a single comment taken out of context might not meet the standard of harassment. However, if the behavior creates an environment that’s hostile, humiliating, or threatening, it may fall within the scope of harassment.

You or your fellow colleagues should evaluate the severity, frequency, and impact of the incident. However, if after speaking to the principal party, they still believe that the incident amounts to harassment or violence, you still have to investigate it.

What Is the Role of a Trained Investigator in C-65 Compliance?

Once an investigation is triggered, the law is clear: the employer must appoint an impartial and qualified investigator.

This person must:

• Understand trauma-informed interviewing techniques
• Be familiar with Bill C-65 and the Canada Labour Code
• Have experience in investigative processes
• Be neutral and have no connection to either party
• Has no interest in the outcome of the investigation

An investigator must interview the complainant, the respondent, and any relevant witnesses. They must review evidence (such as emails, texts, surveillance footage, and policy documents) and produce a detailed report with findings and recommendations.

If you’re a federally regulated employer, partnering with a trained external investigator ensures you meet these legal obligations while avoiding accusations of bias or conflict of interest. At Suzanne Desrosiers Professional Corporation, we offer Bill C-65 investigations.

What Happens After the Investigation?

An investigation doesn’t end with a report, you must:

• Review the investigator’s recommendations
• Take corrective measures to prevent future incidents
• Evaluate whether workplace policies or procedures need updating
• Keep records of the incident and investigation for 10 years

The process must be completed in a timely manner, and affected parties should receive appropriate support services during and after the investigation.

How Our Firm Can Help You

Bill C-65 reflects a growing recognition that harassment and violence in the workplace cause real harm—to individuals, teams, and entire organizations. As an employer, you must take legal obligations seriously and act promptly when a notice of occurrence is submitted.

At our employment law firm, we offer professional workplace investigation services that meet the strict standards of Bill C-65. Our trained investigators are impartial, discreet, and fully versed in the legal and procedural requirements laid out in the Canada Labour Code. Whether you’re responding to a formal complaint or want to establish a framework for future investigations, we can help ensure your compliance and protect your organization.

If you’re unsure whether a workplace incident rises to the level that requires a formal investigation, don’t wait for a regulator to make that decision for you. Reach out to Suzanne Desrosiers Professional Corporation for a confidential consultation by calling (705) 268-6492.