PrivilegesElections Committee — jurisdictionalresearch 2018

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Newfoundland and Labrador — Committees

Last updated: 7/10/2018 Page 1 of 2 Jurisdiction Application AB Applies to:  Employee to Member complaints  Employee to employee complaints Note: Does not apply to complaints between Member SK Applies to:  Member to Member complaints QB Applies to:  Member to Member complaints  Employee to Member complaints  Employee to employee complaints NS Applies to:  Member to Member complaints  Employee to Member complaints  Volunteer (of Member) to Member complaints  Employee to employee complaints Note: “Employee” includes permanent, contract, casual, interns, Pages or other paid from Legislative Services budget; and contract staff whose salary is paid from budgets other than Legislative Services, who work at the workplace (defined in the policy).

NU Applies to:  Member to Member complaints  Employee to Member complaints  Employee to Employee NWT Applies to:  Member to Member complaints  Employee to Member complaints Note: Follows policy of Executive branch for complaints between employees House of Commons For Member to Member Complaints:  Code of Conduct for Members of the House of Commons: Sexual Harassment (appendix to Standing Orders) Continued next page

Last updated: 7/10/2018 Page 2 of 2 Jurisdiction Application For Member to Employee Complaints: Bill C-65 –

An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1

Part 2 amends

Part III of the Parliamentary Employment and Staff Relations Act with respect to the application of

Part II of the Canada Labour Code to parliamentary employers and employees, without limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members. Current status – Third reading in Senate

Respectful Workplace Policy for Legislative Assembly Office Employees Policy Statement The Legislative Assembly Office (LAO) is committed to a work environment where employees feel engaged and safe from disrespectful behaviour. The demonstration of respect is the responsibility of every person within the LAO. Disrespectful behaviour, including bullying and harassment, will not be tolerated in our workplace. From a policy perspective, the LAO parallels the Alberta Public Service in the principles and application of the Respectful Workplace Policy.

Definitions Bullying is a repeated pattern of negative behaviour aimed at a specific person or group. Workplace harassment is unwelcome conduct based on race, religious beliefs, colour, gender, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or of any other person. Workplace violence, according to the Occupational Health and Safety Code,

Part 1, means: “the threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury”. Employees must notify their supervisor of all incidents of workplace violence even if there was no physical injury as per the LAO Health and Safety Program.

Guiding Values The LAO is committed to a work environment where employees feel engaged and safe from disrespectful behaviour. OUR MISSION To provide nonpartisan parliamentary support to the Speaker and Members of the Legislative Assembly as they carry out their roles as elected representatives. OUR VISION Respect Tradition | Exemplify Service | Promote Innovation OUR VALUES Employees of the Legislative Assembly Office (LAO) are proud to provide services to the Legislative Assembly on behalf of the citizens of Alberta.

We are guided in our work and conduct by a core set of principles that motivate us as individuals and reflect the qualities of the Legislative Assembly Office as a whole. Improvement Encouraging a commitment to the ongoing development of skills and services that enhance the operations of the LAO while respecting the traditions of the office. Impartiality Acting in an impartial and objective manner at all times to support the unique and politically neutral role of the LAO. Integrity Providing services in an accountable, responsive, ethical and dedicated manner.

Involvement Promoting awareness and engagement in the democratic process. These values provide a common understanding of the behaviours expected of the LAO. They describe how we go about doing our best work and ensure that this is as important as delivering on our targets. Responsibilities 1. We are all responsible for ensuring that our actions and words contribute to a respectful work environment. 2. We are all accountable for the results of our actions, regardless of our intent. 3. We all understand that disrespectful behaviours will not be tolerated. 4.

Whenever appropriate, we will address issues of disrespectful behaviour with the person or people directly involved. For more detailed information regarding the application of the LAO Respectful Workplace Policy, please reference the Guide to Understanding the Respectful Workplace Policy for Legislative Assembly Office Employees.

Guide to Understanding the Respectful Workplace Policy for Legislative Assembly Office Employees January 2017

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 2 Table of Contents Guiding Values ........................................................................................................................... 4 Responsibilities ........................................................................................................................................................ 4 Intent ........................................................................................................................................................................ 5 Workplace Bullying .................................................................................................................................................. 5 Workplace Harassment ........................................................................................................................................... 5 Workplace Violence ................................................................................................................................................. 5 Continuum of Behaviours ........................................................................................................... 6 Respectful Behaviours............................................................................................................................................. 6 Disrespectful Behaviours ......................................................................................................................................... 7 What are NOT Considered Disrespectful Behaviours? ........................................................................................... 7 Support for All Employees .......................................................................................................... 8 False Allegations ........................................................................................................................ 8 Frivolous Complaints .................................................................................................................. 8 Requesting Anonymity or That No Action Be Taken ................................................................. 9 The Role of the Bystander .......................................................................................................... 9 Resolution .................................................................................................................................. 9 Type of Complaint .....................................................................................................................1 0 Looking Forward ........................................................................................................................10 Questions and Answers.............................................................................................................11 The Legislative Assembly Office (LAO) is committed to a work environment where employees feel engaged and safe from disrespectful behaviour.

The demonstration of respect is the responsibility of every person within the LAO. Disrespectful behaviour, including bullying and harassment, will not be tolerated in our workplace.

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 3 Resources ................................................................................................................................. 12 Employee and Family Assistance Program........................................................................................................... 12 Human Resource Services .................................................................................................................................... 12 Appendices Appendix 1: Informal Issue Resolution Process Appendix 2: Formal Issue Resolution Process Appendix 3: Respectful Workplace Information Form Appendix 4: Continuum of Behaviours

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 4 Guiding Values Employees of the Legislative Assembly Office (LAO) are proud to provide services to the Legislative Assembly on behalf of the citizens of Alberta. We are guided in our work and conduct by a core set of principles that motivate us as individuals and reflect the qualities of the Legislative Assembly Office as a whole. The LAO is committed to a work environment where employees feel engaged and safe from disrespectful behaviour. The demonstration of respect is the responsibility of every person within the LAO.

Disrespectful behaviour, including bullying and harassment, will not be tolerated in our workplace. Improvement Encouraging a commitment to the ongoing development of skills and services that enhance the operations of the LAO while respecting the traditions of the office. Impartiality Acting in an impartial and objective manner at all times to support the unique and politically neutral role of the LAO. Integrity Providing services in an accountable, responsive, ethical and dedicated manner. Involvement Promoting awareness and engagement in the democratic process.

These values provide a common understanding of the behaviours expected of the LAO. They describe how we go about doing our best work and ensure that this is as important as delivering on our targets. Responsibilities 1. We are all responsible for ensuring that our actions and words contribute to a respectful work environment. 2. We are all accountable for the results of our actions, regardless of our intent. 3. We all understand that disrespectful behaviours will not be tolerated. 4. Whenever appropriate, we will address issues of disrespectful behaviour with the person or people directly involved.

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 5 Intent The LAO is an organization that seeks to foster an environment in which each individual is valued and heard. We sometimes hear people attempt to excuse disrespectful behaviours by saying “that’s just the way they are” or “they didn’t mean it”. However, it is important that everyone take into consideration how their actions impact others. The intent of the behaviour is not as relevant as the impact the behaviour has on the individual. Whether the behaviour was intentional or not may be difficult to determine.

Certainly if it is found that someone has willfully done something to harm a co-worker, subordinate or someone they report to, this will be considered a serious aggravating factor in determining whether discipline is appropriate. Workplace Bullying Bullying is a repeated pattern of negative behaviour aimed at a specific person or group. The LAO is committed to a work environment where employees feel engaged and safe from disrespectful behaviour. The demonstration of respect is the responsibility of every person within the LAO.

Disrespectful behaviour, including bullying and harassment, will not be tolerated in our workplace. Workplace Harassment Workplace harassment is unwelcome conduct based on race, religious beliefs, colour, gender, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or of any other person. Workplace harassment may include a single incident or a series of events. Workplace Violence According to the Occupational Health and Safety Code,

Part 1, workplace violence means: "the threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury". Employees must notify their supervisor of all incidents of workplace violence even if there was no physical injury as per the LAO Health and Safety Program. Examples of workplace violence include the following: • Threatening behaviour such as shaking fists, destroying property or throwing objects • Verbal or written threats (any expression of intent to cause harm) • Physical attacks such as hitting, shoving, pushing or kicking

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 6 Continuum of Behaviours It can be difficult to isolate workplace behaviours into strict categories of acceptable or unacceptable. Oftentimes, real life encounters expose us to behaviours that fall somewhere in the middle of these two categories. To better understand the expectation of working together with respect, it is helpful to imagine a continuum of behaviours where one end demonstrates our ideal state of interaction and the other end demonstrates unacceptable behaviours.

For example, being kind would be on one end of this continuum and bullying and harassment would be on the opposite end. This continuum concept shows us that it is less important to evaluate behaviours against a strict definition of harassment, or bullying, and more important to evaluate whether an action or inaction has negatively (or positively) impacted someone else. The following are examples of behaviours that fall at either end of the continuum. An opportunity exists to intervene or self-correct if we find that behaviours are moving away from those identified as contributing to our ideal state.

For a visual example of the continuum of behaviours, please refer to Appendix 4. Respectful Behaviours The following behaviours describe our ideal state of interaction.

Taking time to ensure we are all exemplifying the following behaviours will move us closer to achieving the respectful workplace we are trying to create: • Allowing one person to speak at a time • Expressing appreciation • Being accountable for your own mistakes • Seeking input from others • Being asked for an opinion • Praising good work • Giving timely recognition of people's efforts and accomplishments • Providing positive reinforcement • Offering assistance when someone needs help • Saying “please” and “thank you” • Communicating openly • Providing opportunities for input and participation • Giving constructive feedback • Demonstrating sympathy and a show of support when someone is having a difficult time • Listening openly to other points of view, even when you disagree • Seeking consensus • Providing clear expectations • Sharing knowledge and information • Being inclusive • Mentoring/coaching: Taking the time to develop others • Acting honestly • Empowering others • Sharing laughs • Social banter

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 7 Disrespectful Behaviours Understanding the types of behaviours that can be considered disrespectful is the key to identifying these behaviours when we see them being displayed and, in turn, evaluating and adjusting our own actions accordingly. Demonstrating the following behaviours in our workplace can negatively impact individuals’ self-worth.

Therefore, it is important to note the following behaviours and ensure that we do not demonstrate or tolerate them in our workplace: • Eye rolling, finger wagging, or other physical gestures that are used to make fun of, express frustration with or isolate another employee • Workplace violence/assault • Intimidation, leering or other objectionable and insulting gestures • Threats, including coercion • Angry outbursts • Unwanted physical contact such as touching, patting, pinching or punching • Display of pornographic, racist or offensive pictures or materials • Taunting, ridiculing or belittling • Unwelcome remarks, jokes, innuendo or taunting about a person's race, religious beliefs, colour, gender, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or of any other person • Abuse of authority that undermines someone’s performance or threatens his or her career • Spreading false information about an employee • Practical jokes that result in awkwardness or embarrassment • Unwelcome enquiries or comments about an individual’s personal life • Unwelcome remarks about a person’s physical attributes or appearance • Humiliation in front of others • Taking credit for someone else's or a team's work • False accusations of disrespectful behaviour • Gossiping • Purposely and/or regularly interrupting people when they are speaking • Refusing to converse or work with an employee What are NOT Considered Disrespectful Behaviours?

The following are considered legitimate workplace actions so long as they are carried out in good faith, in a professional manner, and in a nonarbitrary fashion: • Direct supervision, including discussions about performance expectations • Assignment of work and direction on how it is to be accomplished • Requests by supervisors for updates or status reports • One-on-one discussions between managers, supervisors and their staff • Approval or denial of time off The above noted actions are encompassed by management’s legitimate right to run the business and direct the workforce.

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 8 Support for All Employees An allegation of disrespectful conduct at work is serious and has the potential to significantly impact one’s career and/or personal well-being. All employees are encouraged to speak to a colleague, supervisor or manager for support or advice when needed. In many instances, open and honest dialogue can go a long way in reaching an informal resolution. More information regarding the informal and formal resolution options available for all employees is provided in the Options for Resolution

section of this guidebook as well as in the Resolution Processes provided in Appendix 1 and 2. False Allegations Making a false allegation against another employee is a serious offense and is considered another form of disrespectful behaviour that will not be tolerated. False allegations are particularly egregious because they force the accused individuals to defend their integrity. The allegations and subsequent investigation can be traumatic and costly regardless of the findings. Where accusations are found to be false, disciplinary action may be taken against the person who made the accusation.

Disciplinary action may include termination. Frivolous Complaints Allegations that are frivolous in nature may have a serious impact on individuals within the work area. In such instances, all those involved may be subject to an investigation, which they may find frustrating and traumatic. Investigations are often an emotionally charged exercise, and the amount of time spent fact-finding means time spent away from the valuable work that is being done for the benefit of Albertans. Frivolous complaints may result in disciplinary action against the complainant.

Any disciplinary action will be assessed on a case-by-case basis. This does not imply that employees should avoid dealing with workplace conflict or feel dissuaded from making a complaint about disrespectful behaviour. It does, however, draw attention to the fact that filing a complaint is a serious matter. Therefore, employees are asked to think carefully and not act impulsively when considering filing a complaint. All employees are encouraged to explore the Informal Resolution Process outlined in Appendix 1 before considering a formal complaint.

The Informal Resolution Process promotes open dialogue between the parties and this may result in a common understanding and resolution.

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 9 Requesting Anonymity or That No Action Be Taken Approaching your manager with concerns about another employee is not helpful unless you are asking them to address the issue. It is not acceptable for a manager to be asked to listen to someone who they believe has a serious issue but then be asked not to do anything about it. Therefore, if you feel the issue is significant enough to bring to the attention of your manager, you should be aware that your manager may take action to ensure the issue will be addressed.

Action taken may involve your manager providing you with advice on next steps. Anonymity will not be granted when a complaint is filed as the respondent has the right to know and respond to the allegations made. That said, efforts will be made to protect confidentiality and respect the privacy of all those involved. The Role of the Bystander Employees who witness disrespectful behaviour have a responsibility to take action. Bystanders who do not take action may contribute to creating a toxic work environment.

If an employee witnesses other employees acting disrespectfully, there is an expectation that this information will be brought forward for resolution. Resolution Informal Issue Resolution Process (Appendix 1): • Speak to the individual directly, if possible, or write them a note or send them an e-mail if you are not comfortable speaking to them.

These are difficult conversations to have, but employees are expected in most instances to do their best to work things out with each other before escalating to a higher level. • If speaking to the individual does not resolve the issue or if you are not comfortable in approaching the individual, employees can speak to their supervisor or manager.

Employees are encouraged to work with their supervisor or manager to develop a plan for how the situation can be addressed moving forward. • Employees may also speak to LAO Human Resource Services or the Clerk of the Legislative Assembly for coaching to assist with these conversations. • Employees may request their supervisor or manager to assist in coaching/mediating an informal resolution. • If the matter involves an employee's supervisor, an employee may also bring concerns to their supervisor's manager or alternatively to Human Resources in an effort to find a solution prior to filing a formal complaint.

For more information, please reference the Informal Issue Resolution Process provided in Appendix 1. • Failing a successful informal resolution, an employee may consider pursuing the formal complaint process.

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 10 Formal Issue Resolution Process (Appendix 2): • The formal process must be initiated within 30 days from the date of the incident. • In extenuating circumstances, the Clerk has the authority to extend timelines. • A formal complaint can be filed in accordance with the Formal Issue Resolution Process provided in Appendix 2. • After an initial review of the complaint it may proceed to an investigation through the Formal Issue Resolution Process, during which all individuals with relevant information to share will be interviewed. • Once the investigation is completed and the findings are reviewed by the appropriate party as determined by the LAO, a decision will be made regarding appropriate action.

Type of Complaint

a) Complaint against an employee The Clerk may bring in external qualified mediators or investigators to assist with the informal and formal resolution processes.

b) Complaint by an employee involving a Member of the Legislative Assembly of Alberta When a Member is the respondent in a complaint, the employee has the option to report the matter to the Member's Whip and/or the Director of Human Resource Services and the Clerk, who may appoint an independent investigator if required. If the Member involved is the Whip, then the employee has the option to report the matter to the House Leader of that caucus and/or the Director of Human Resource Services and the Clerk, who may appoint an independent investigator if required.

For Independent Members, the employee has the option to report the matter to the Speaker and/or the Director of Human Resource Services, who may appoint an independent investigator if required. Complaints by an employee involving the Speaker stand referred to the Ethics Commissioner. Looking Forward A respectful workplace is the responsibility of every employee within the LAO. It is an ongoing and evolving process that requires conscious action on a daily basis.

Through collective efforts we will continue to move towards a workplace environment where every employee feels valued and engaged and thrives in their workplace.

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 11 Questions and Answers Q: Are there time limits for making a formal complaint? A: The formal process must be initiated within 30 days from the date of the incident. In extenuating circumstances, the Clerk has the authority to extend timelines. Q: Perhaps I am making a big deal out of nothing. How do I know when I should deal with the issue? A: If someone’s actions have made you feel uncomfortable, the processes as outlined in this guidebook can assist you in addressing the issue and reaching a resolution.

Q: How can joking around be considered inappropriate if I was just having some fun? A: Humour is healthy, can help relieve tension and can create a bond between people. However, humour can get out of hand if it offends others and/or hurts feelings. Get to know your colleagues so that you can better understand where that line is drawn. Every person has a different way of dealing with certain subject matters, and every workplace has their own unique cultural norms. Take note of your work environment, and err on the side of caution with humour.

Q: How do I let someone know that they have done something that offends me? A: A good course of action is to ask to speak to the individual in private and to explain to them what they did, how it made you feel and why. Clarify how you propose moving forward or what you need to see change. Communicate that if the behaviours continue, you will escalate. Q: What options do I have in dealing with disrespectful behaviour? A: The sooner you do something, the better. Not doing anything is condoning the behaviours and the person may not know that what they are doing is impacting you.

You can: • tell the person to stop • write them a note or send them an e-mail if you are not comfortable speaking to them • speak to a colleague, supervisor, manager or Human Resource Services • file a formal complaint if you cannot resolve this matter informally Q: Do I have to wait for something serious to happen to do anything? A: Disrespectful behaviours, including bullying and harassment, often occurs incrementally in small doses over time. You do not have to wait for a culminating incident to do something. It is best to deal with the situation as it arises.

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 12 Resources • Employee and Family Assistance Program (EFAP) The EFAP is a confidential service designed to assist employees and their immediate family who experience personal problems and replaces the internal counselling service known as the Employee Assistance Program (EAP). Enhanced services include increased access to face-to-face counselling; telephone and e-counselling; support services for elder care, child care and parenting; as well as the provision of health and wellness information.

Employees wishing to access the services can contact Shepell●fgi directly by calling 1-800- 268-5211 or by requesting an appointment online at Shepell●fgi's website, workhealthlife.com (user name: government; password: alberta). • Human Resource Services Legislative Assembly Office #4106, 9820 – 107 Street Edmonton, Alberta T5K 1E7 780.427.1364 hr@assembly.ab.ca

Respectful Workplace Policy for Legislative Assembly Office Employees – January 2017 13 Appendices Appendix 1: Informal Issue Resolution Process Appendix 2: Formal Issue Resolution Process Appendix 3: Respectful Workplace Information Form Appendix 4: Continuum of Behaviours

Appendix 1 Informal Issue Resolution Process Complainant - An individual who submits a Complaint of harassment or bullying. Respondent - The individual against whom a Complaint is submitted YES NO NO NO YES CONFLICT RESOLVED? Supervisor or manager may assist in mediating an informal resolution HARASSMENT OR WORKPLACE BULLYING BEHAVIOUR Is the complainant comfortable speaking with the respondent? Complainant speaks to supervisor or manager CONFLICT RESOLVED? Complainant speaks with respondent Supervisor or manager assists complainant in speaking to respondent CONFLICT RESOLVED?

All participants should refer to our Respectful Workplace Policy throughout the informal resolution process. PROCESS COMPLETED INFORMAL PROCESS NOT SUCCESSFUL NO Human Resource Services may be contacted during this process. Please see formal resolution process for additional options. YES YES

Appendix 2 Formal Issue Resolution Process Complainant - An individual who submits a Complaint of harassment or bullying. Respondent - The individual against whom a Complaint is submitted NO NO YES NO YES YES Investigator selected from external qualified list of investigators HR assists management in determining next steps Plan of action undertaken PROCESS COMPLETED HARASSMENT, BULLYING OR OTHER DISRESPECTFUL WORKPLACE BEHAVIOUR Has the complainant explored the options outlined within the informal resolution process?

Complainant completes and submits the Respectful Workplace Information Form to LAO Director of HRS CONFLICT RESOLVED? Complainant explores the informal resolution process Complainant and respondent are notified Complainant and respondent are notified DECISION TO INVESTIGATE All participants should refer to our Respectful Workplace Policy throughout the formal resolution process. PROCESS COMPLETED HR to discuss rationale and informal resolution process with complainant HR ensures findings are provided to complainant, respondent and any other relevant parties

Appendix 3 Respectful Workplace Information Form This form can be utilized to provide information on situations involving harassment, bullying or other disrespectful workplace behaviour(

s) that were not resolved through the Informal Issue Resolution Process. Prior to completing this form, please consider which of the following informal resolution options you have explored: Have you spoken directly to the individual(

s) involved with the situation? Have you spoken to your Supervisor and/or Manager regarding the situation? Have you spoken to your Human Resources consultant regarding the situation? Have you requested your Supervisor and/or Manager, Human Resource Consultant or another appropriate resource to mediate the situation in order to reach an informal resolution? If you choose to move forward with submitting this form, please note that every effort will be made to maintain confidentiality; however, anonymity cannot be guaranteed. For more information please reference our Respectful Workplace Policy.

Complainant Contact Information Name Position Branch/Caucus/Constituency Office Telephone Email Immediate Supervisor/Member Immediate Supervisor’s Position

Respectful Workplace Information Form Respondent Contact Information Please complete the following information for any respondent(

s) associated with this complaint. Name Position Branch/Caucus/Constituency Office Telephone Email Working relationship to complainant Name Position Branch Department Telephone Email Working relationship to complainant Name Position Branch Department Telephone Email Working relationship to complainant

Respectful Workplace Information Form Situation Details Please use the following space to outline the details of the disrespectful workplace situation that you have encountered. Be sure to include the date, time and location of any incidents that may have occurred as well as information on who was involved or who may have witnessed any related incidents.

Respectful Workplace Information Form Have you discussed this situation and the impact that it has had with the respondent(s)? Yes No Have you discussed this situation and the impact that it has had with your direct supervisor/manager? Yes No Please use the following space to outline your desired outcome related to the above noted situation.

Respectful Workplace Information Form Next Steps Providing information that has no merit or is frivolous may result in disciplinary action. Please reference the Guide to Understanding the Respectful Workplace Policy for Legislative Assembly Office Employees for more information. Once this form has been completed in its entirety, please print, sign and send a hard copy to the attention of the Director of Human Resource Services or the Clerk of the Legislative Assembly. You will be contacted to discuss next steps within five working days of this form being received. Complainant Signature Date

Appendix 4 Toward a respectful workplace Where are you on the continuum of behaviours? Yellow zone Unprofessional, careless and disruptive behaviours can harm others, make them uncomfortable and affect the overall well-being of staff in the workplace. You are asked to re-evaluate your behaviour and make changes to support a respectful workplace.

Behaviours include: • Interrupting • Not doing what you say you will do • Careless humour • Not permitting input • Practical jokes that result in embarrassment • Angry outburst Green zone Respectful, professional and values-based behaviours contribute to a respectful workplace. You are encouraged to maintain awareness of your behaviours and to continue modelling the LAO values of improvement, impartiality, integrity, and involvement.

Behaviours include: • Random acts of kindness • Timely recognition of people’s efforts • Positive reinforcement • Constructive feedback • Listening/being attentive • Checking In • Sharing knowledge, information • Seeking input from others • Being accountable Red zone Intentional, targeted, prohibited and/or illegal behaviours are unacceptable. They harm others and create an unsafe workplace. You must stop this behaviour immediately! Behaviours include: • Gossiping • False accusations • Threats, including coercion • Bullying • Harassment • Workplace violence/assault

April 1, 2018 Adopted by the Board of Internal Economy November 28, 2017 DIRECTIVE # 31 (s.68(2.1) – c. L-11.3) ANTI-HARASSMENT POLICY AUTHORITY

(1) Every Member is subject to the anti -harassment policy established by this directive in accordance with Subsection 68(2.1) of The Legislative Assembly Act, 2007. GOVERNING PRINCIPLES

(2) Every Member shall commit to contributing to an environment free of personal harassment and sexual harassment and will make every reasonably practicable effort to that end. In furtherance of this commitment, a Member shall not personally harass or sexually harass another Member. The policy established under the authority of this directive is governed by the following principles: (

a) The policy aims to create an environment that allows all Members to excel in their public duties and functions and that is free of personal harassment and sexual harassment; (

b) The policy aims to encourage reporting by Members of instances of personal harassment and sexual harassment; and (

c) The policy establishes a resolution process that deals with complaints of personal harassment or sexual harassment, as far as reasonably practicable, in a discrete, timely, and confidential manner. SCOPE OF APPLICATION

(3) The policy established by this directive applies only to allegations of personal harassment or sexual harassment between Members. Pursuant to

section 28 of The Legislative Assembly Act, 2007, the policy does not apply to anything said by a Member before the Legislative Assembly or any of its committees.

Directive #31 – Anti-Harassment Policy - 2 - April 1, 2018 ANTI-HARASSMENT POLICY

(4) The “Code of Conduct for Members of the Legislative Assembly of Saskatchewan: Anti-Harassment Policy” (anti-harassment policy) is established. (

a) The anti-harassment policy shall be published with the directives of the Board of Internal Economy; (

b) The confidentiality of the process and records of any anti -harassment case will be protected by the Board; (

c) The Board will fulfil its responsibilities under the policy in a timely manner as far as reasonably practicable; and (

d) The Board will review this policy and its procedures, as is required by the anti -harassment policy, or otherwise, and make necessary adjustments to ensure that it meets the needs of all Members. (

e) For incidents prior to the implementation of this directive and policy, complaints shall be filed within 90 days of the date of implementation.

(5) Any costs associated with the administration of this policy shall be provided by the Legislative Assembly of Saskatchewan.

1 Code of Conduct for Members of the Legislative Assembly of Saskatchewan: Anti-Harassment Policy 1.

Preamble Every Member shall commit to contributing to an environment free of personal harassment and sexual harassment and will make every reasonably practicable effort to that end. In furtherance of this commitment, a Member shall not personally harass or sexually harass another Member. 2. Statement of Governing Principles This policy is governed by the following statement of principles: 1. This policy aims to create an environment that allows all Members to excel in their public duties and functions and that is free of personal harassment and sexual harassment; 2.

This policy aims to encourage reporting by Members of instances of personal harassment and sexual harassment; and 3. This policy establishes a resolution process that deals with complaints of personal harassment or sexual harassment, as far as reasonably practicable, in a discrete, timely, and confidential manner. 3. Scope of Application of the Policy This Policy applies only to allegations of personal harassment or sexual harassment between Members. Pursuant to

section 28 of The Legislative Assembly Act, 2007 , this Policy does not apply to anything said by a Member before the Legislative Assembly or any of its committees. 4.

Definitions: The following

definitions apply in this policy: (a) "Complainant" means a Member who reports allegations of personal harassment or sexual harassment in accordance with this policy. (b) "Intake Officer" means the individual who is the initial point of contact for Members for filing complaints of personal harassment or sexual harassment in accordance with this policy. The Intake Officer is responsible for coordinating the work of the mediator and/or external investigator. The Intake Officer is the Law Clerk and Parliamentary Counsel.

2 (c) "Investigator" means an external investigator engaged by the Intake Officer to conduct an investigation of a formal complaint of personal harassment or sexual harassment. In consultation with the Chief Justice of the Court of Queen’s Bench, t he Intake Officer shall select a Member of the Law Society of Saskatchewan or a retired Judge who is acceptable to the Intake Officer, the complainant and the respondent.

If no agreement can be reached regarding who the investigator should be, the Intake Officer shall ask the Chief Justice of the Court of Queen’s Bench to decid e who will be engaged as the investigator. (d) "Member" means a Member of the Legislative Assembly of Saskatchewan. (e) "Participants" means the complainant, respondent and any other individuals involved in the resolution process. (f) "Personal Harassment" means any inappropriate conduct, comment, display, action or gesture by a person: i. that either: 1. is based on race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry, or place of origin; or 2. adversely affects an individual's psychological or physical well-being and that the person knows, or ought reasonably to know, would cause an individual to be humiliated or intimidated; and ii. that constitutes a threat to the health or safety of the individual; Personal harassment must involve repeated conduct, comments, displays, actions or gestures or a single, serious occurrence of conduct, or a single, serious comment, display, action or gesture, that causes a lasting harmful effect on the individual. (g) "Resolution Process " means the reporting of allegations of personal harassment or sexual harassment, the filing of a formal complaint, the mediation process, the investigation, as well as any corrective action that may be imposed. (h) "Respondent" means a Member who is the subject of allegations of personal harassment or sexual harassment reported in accordance with this policy. (i) "Sexual Harassment" means any behaviour or action of a sexual nature that: i. abuses, humiliates or undermines the personal dignity of an individual, endangers the well-being and security of an individual, interferes with work performance, or creates an intimidating or hostile environment; and

3 ii. is made by a person who knows, or ought reasonably to know, that such behaviour or action is unwelcome. Sexual harassment may include, but is not limited to, unwelcome sexual advances, request for sexual favours, gender-based insults and taunting, the display of sexually explicit and offensive pictures or materials, unnecessary and unwanted touching, and leering or whistling in a suggestive way. 5. Confidentiality Confidentiality is of the utmost importance.

Participants shall not disclose information related to the resolution process or any personal information relating to any participant unless otherwise provided for in this policy. Given the personal nature of the matters addressed by this policy, 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 is resolved, part of the resolution may require that certain information be disclosed publicly.

Any public disclosure of personal information or of information related to the resolution process shall only be made in accordance with the terms of this policy, and shall be no more than is sufficient for the public to understand the circumstances and consequences of the resolution. 6. Resolution Process Step 1 – Reporting Inappropriate Behaviour A Member may report allegations of personal harassment or sexual harassment by filing a formal complaint with the Intake Officer.

The complaint shall be in writing, signed by the complainant and include a description of the nature of the alleged harassment and the identity of the respondent. The complaint shall also include detailed information including, but not limited to, time, date and location of alleged harassment and identification of any witnesses. The complaint should be filed as soon as possible but no later than 90 calendar days after the last incident of perceived harassment, unless extenuating circumstances exist.

For incidents prior to the implementation of this policy, complaints shall be filed within 90 days of the date of implementation. Upon receipt of a formal complaint, the Intake Officer shall:  acknowledge the complaint in writing;

4  notify in writing the Member against whom the complaint has been made that a complaint has been filed and provide a copy of the written formal complaint, including the name of the complainant; and  notify the Speaker of the Legislative Assembly of Saskatchewan that a complaint under this policy has been filed by a Member. No further information, including but not limited to the names of the Members involved, will be provided to the Speaker.  Members shall participate in the resolution process set out in this policy.

Step 2 – Mediation Wherever appropriate and possible, the parties to the harassment complaint will be offered the opportunity to attempt a resolution through voluntary mediation prior to proceeding with a harassment investigation. If the Members agree, the Intake officer shall make arrangements within a reasonable timeframe for voluntary mediation with a mediator acceptable to the Members involved. All materials prepared for, and information exchanged at, mediation shall be confidential.

An agreement to mediate will be signed by the parties attending the voluntary mediation to outline their specific obligations of confidentiality and privacy during the mediation process. Step 3 – Investigation If mediation is not pursued, or is unsuccessful, the Intake Officer may retain the services of an Investigator to investigate the facts related to the alleged complaint of harassment and to prepare a draft investigation report. The Investigator is responsible for conducting the investigation in a fair, impartial and timely manner.

Once the Investigator is seized with the matter, the investigation shall continue notwithstanding a dissolution of the Legislative Assembly of Saskatchewan. The Clerk of the Legislative Assembly and the Law Clerk and Parliamentary Counsel will serve as resources for any issues which arise relating to the parliamentary process. The Investigator will prepare a draft investigation report that will include:  a description of the allegations;  the response of the Member the complaint was made against;  a

summary of information learned from witnesses (if applicable); and  a decision about whether, on a balance of probabilities, harassment did occur. The Intake Officer shall distribute the draft investigation report to the complainant and respondent for their review. Both have 15 business days after receipt of the draft investigation report to submit their comments, in writing, to the Intake Officer. Following the receipt of any

5 comments provided by the complainant and/or respondent, the Investigator will prepare a final investigation report that includes any such comments. The preparation of the draft and final investigation reports will be treated in a manner that respects the privacy of the Members involved and other individuals who provided evidence. The Intake Officer will provide a copy of the final report to the complainant and the respondent.

Referral to the Board of Internal Economy The final report shall be provided to the Board of Internal Economy (the "BOIE") through the Chair of the BOIE to determine appropriate next steps. At any time during the investigation, the parties may agree to suspend the investigation and return to mediation. Following an investigation of a complaint, the final investigation report will be provided to the BOIE through the Chair of the BOIE.

Within five business days of the receipt of the final investigation report, the Chair of the BOIE shall designate a date for a BOIE meeting within the next 30 calendar days, provided that at least 48 hours' notice is given of the meeting. During a writ period, no investigative report shall be filed with the BOIE and shall be filed after the writ period. The BOIE shall hold its proceedings in camera when discussing the subject of the final investigation report. The complainant and respondent shall have the opportunity to appear before the BOIE in relation to the final investigation report.

In the event that the complainant or the respondent is a Member of the BOIE, the Speaker shall write to the President of the Executive Council and request that the Member of the BOIE who is either the complainant or the respondent be replaced with another Member of the Legislative Assembly pursuant to

section 67(3) of the Legislative Assembly Act, 2007. Step 4 – Corrective Action Report of the Board of Internal Economy to the Legislative Assembly The BOIE may recommend any sanctions that the Legislative Assembly of Saskatchewan has available to it to address the findings of the final investigation report. The BOIE will prepare a report within 90 calendar days of receiving the final investigation report, unless extenuating circumstances exist, to refer the matter to the Legislative Assembly of Saskatchewan. The BOIE report will include:  a decision with respect to sanctions to be implemented;  the name of the Member being sanctioned;  a

summary of the reasons for any conclusions and recommendations;

6  a motion prepared in accordance with the Rules and Procedure s of the Legislative Assembly of Saskatchewan . The motion shall declare that a harassment has been committed and propose a sanction for the consideration of the Legislative Assembly. The report to the Legislative Assembly shall not disclose the identity of any of the participants except the respondent in order to respect the privacy of the complainant and other individuals who provided evidence.

Prior to referring the matter to the Legislative Assembly of Saskatchewan, the BOIE shall inform the complainant and respondent of the proposed course of action by providing a copy of the BOIE report. Referral to the Legislative Assembly Forthwith following the completion of the BOIE report, the Chair of the BOIE shall provide the BOIE report to the Government House Leader and Opposition House Leader. In the event that the complainant or the respondent is a House Leader, the BOIE report shall be provided to the respective Deputy House Leader.

Within five sitting days of receiving the BOIE report, the Government House Leader, in consultation with the Opposition House Leader, shall table the report and propose a motion for corrective action to the Legislative Assembly. If the Legislative Assembly is not sitting, the Government House Leader, in consultation with the Opposition House Leader, shall table the report and propose a motion for corrective action at the earliest opportunity.

Statements regarding a matter related to this policy must respect the confidentiality of the resolution process and the privacy of the Members involved and of other individuals who provided evidence in the course of an investigation. Following the presentation of the BOIE report to the House Leaders, if the complainant is no longer a Member, the matter is deemed withdrawn and no further action shall be taken by the Legislative Assembly. 7. Suspension of Resolution Process The Intake Officer 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 Intake Officer shall notify the proper authorities; 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 o f Parliament or provincial legislation has been committed or that a charge has been laid with respect to that Act.

7 The Intake Officer 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 at the initial stage. 8. Effect of Resignation and Dissolution of the Assembly The processes of this policy shall not lapse by the vacancy of the complainant’s seat as a result of resignation or dissolution. The resolution process will continue as long as the respondent remains a Member of the Legislative Assembly.

Any of the procedural steps of this policy may be postponed during a period of dissolution at the discretion of the Investigator and Intake Officer. The Speaker shall not be presented with a report during a period of dissolution. The dissolution of the Assembly shall not affect the standing of any case under this policy if the respondent is re-elected to the Assembly. The authority of this policy becomes ultra vires if the respondent ceases to be Member of the Legislative Assembly.

Consequently the investigation, or the BOIE's review of the final investigation report, shall be suspended and the case deemed withdrawn and no further action taken under this policy and shall be continued as a harassment complaint where the process was interrupted even if the member is no longer an MLA 9. Fraudulent/Malicious Complaints Where a complaint of personal harassment or sexual harassment is not substantiated, no action will be taken against a complainant who made the complaint in good faith.

Where, however, a complaint is fraudulent, malicious or otherwise made in bad faith, the complainant may be subject to any sanctions that the Legislative Assembly of Saskatchewan has available to it. In a case where a compl aint is found to be fraudulent, malicious or otherwise made in bad faith, the BOIE may apply the processes outlined in this policy for corrective action, but no report shall be made to the Legislative Assembly. The BOIE shall deal with the matter. In such cases the name of the complainant and not the respondent shall be included in the report to the Assembly. 10.

Appeal If the complainant or respondent have participated in the resolution process and believe that it has failed at some point, or that the sanctions are not consistent with the incident(

s) that led to the original complaint, a request for an appeal shall be filed within 30 calendar days of receiving the BOIE report. The request for an appeal must be submitted, in writing, to the Intake Officer. It shall be signed by the Member requesting the appeal and include a description of the nature of the complaint with respect to how the resolution process failed and how the sanctions are not consistent with the incidents that led to the original complaint. The Intake Officer shall forward the request for an appeal regarding the sanction to the Ombudsman. .

The Ombudsman shall decide whether an appeal is warranted. If the Ombudsman decides that an appeal is warranted, the appeal will be conducted by an individual who is selected as outlined in

Article 4(

c) of this

8 policy. No appeal with respect the facts will be allowed. The individual hearing the appeal may set aside, confirm or vary the decision as to penalty. 11. Other Legal Rights Nothing in the policy is intended to discourage or prevent a Member or former Member from exercising any legal rights that a Member or former Member may have pursuant to any law. For greater certainty, where a Member or former Member decides to exercise their legal rights, no action shall be taken pursuant to this policy.

For greater certainty, if the policy does not address an unusual or particular situation, the Intake Officer shall determine the appropriate course of action. This determination will be made after the Intake Officer receives the complaint but before an investigation takes place or after the investigation takes place but before the report is made. 12. Review The Steering Committee of the BOIE will review this policy and its procedures prior to each election, or as required, and will make necessary adjustments to ensure that it meets the needs of all Members. 13.

Education and Sensitivity Training Every Member shall, within a year of becoming a member, or the implementation of this policy, be provided with the opportunity to take harassment sensitivity training. The Legislative Assembly Service shall undertake to brief Members on the contents of this policy at the start of each new Legislature. 14. Coming into Force The Directive establishing an anti-harassment policy for members shall come into force on the day the Legislative Assembly adopts standing orders for proceedings on board reports and subsidiary remedial motions.

POLICY ON PREVENTING AND MANAGING SITUATIONS INVOLVING HARASSMENT IN THE WORKPLACE

The Policy on Preventing and Managing Situations Involving Harassment in the Workplace came into force on June 4, 2015 by regulation of the Office of the National Assembly (Decision 1809) and with the approval of the Secretary General. 1 Contexte, objectifs et champ d’application 5 2 Définition du harcèlement psychologique 3 6 3 Engagement 6 4 Confidentialité 7 5 Résolution de situations s’apparentant à du harcèlement 8 6 Responsabilités des intervenants 15 7 Mesures 19 8 Entrée en vigueur et révision de la Politique 19

ANNEXE 1 21 Autres définitions de comportements inappropriés 21

ANNEXE 2 21 Exemples de ce qui ne constitue pas du harcèlement 21

POLICY ON PREVENTING AND MANAGING SITUATIONS INVOLVING HARASSMENT IN THE WORKPLACE

NATIONAL ASSEMBL Y OF QUÉBEC ∕ JUNE 2015 5 1 However, the Policy does not apply to Members in the context of parliamentary proceedings, where the Standing Orders of the National Assembly apply, under the authority of the Assembly’s President and Vice-Presidents and its committees. 2 For readability and the application of this Policy, “Member’s employees” includes House officers’ employees and MNAs’ employees, including those in the ridings. These employees are hired under the provisions of the Act respecting the National Assembly .

Ministers’ staff, including those in riding offices, are not governed by this Policy because they are appointed under the provisions of the Executive Power Act . 1 Context, purpose and scope 1.1 The Policy on Preventing and Managing Situations Involving Harassment in the Workplace (Policy) is the result of recommendations from the Working Group on Harassment, created at the request of the President of the National Assembly and chaired by one of the Assembly’s Vice-Presidents.

The Working Group, which includes men and women Members from all parties represented in the National Assembly, was mandated to propose measures to prevent and manage situations involving harassment at the National Assembly, a workplace shared by Members, Members’ employees and administrative employees.

Although these three groups are governed by different employment condi- tions and, in some cases, different employment relationships, the Policy emphasizes the desire of the political and administrative authorities that the Assembly constitute a healthy, harmonious workplace, free from harassment. 1.2 In this context, the Policy governs: • All Members of the National Assembly1; • All Members’ employees2; • All administrative employees. 1.3 The Policy is an offshoot of the Policy on the health of persons employed at the National Assembly (French only) and complements existing legislative provisions on rights and obligations related to harassment. • Applies to people’s professional rela- tionships in the course of their duties, regardless of the location; • Applies to Members as employers and also covers situations involving harassment between Members; • Applies to harassment by a third party (client, supplier, visitor, etc.).

6 POLICY ON PREVENTING AND MANAGING SITUATIONS INVOLVING HARASSMENT IN THE WORKPLACE 2 Definition of psychological harassment 3 2.1 PSYCHOLOGICAL HARASSMENT : Any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that undermines a person’s dignity or psychological or physical integrity and that results in a harmful work environment for the person. A single serious incidence of such behaviour that has a lasting harmful effect on a person may also constitute psychological harassment4. 2.2 The definition of psychological harassment in the Act respecting labour standards (CQLR,

chapter N 1 .1) includes sexual harassment in the workplace and harassment based on any of the grounds listed in

section 10 of the Charter of human rights and freedoms (CQLR,

chapter C 12) (discriminatory harassment): race, colour, sex, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap.

For the purposes of this Policy, this definition also includes harassment based on grounds of identity and gender expression. 3 Commitment 3.1 As separate employers, each Member and the administration of the National Assembly recognize it is their responsibility to have healthy management practices to prevent and stop psychological haras- sment of their respective employees.

They also recognize that conflict situations can harm the work environment and people’s health, and directly affect their ability to carry out the employer’s mission. 3.2 Members must abide by the value “respect” ( Code of ethics and conduct of the Members of the National Assembly (CQLR,

chapter C-23.1, s. 6)), as must Members’ employees (Rules of conduct applicable to the staff of Members and House officers of the National Assembly (French only) (s. 3)) and administrative employees ( Declaration of values of the Québec public administration (French only)). This Policy is a restatement of that value. 3 Appendix 1 lists other

definitions of inappropriate behaviours. 4 Appendix 2 lists examples of what does not constitute harassment.

NATIONAL ASSEMBL Y OF QUÉBEC ∕ JUNE 2015 7 3.3 Because every person deserves a healthy, harmonious workplace, free from harassment, all Members and the administration of the National Assembly agree: • to take reasonable steps to foster a healthy work environment that contributes to people’s physical and psychological health; • to offer a workplace free from harassment and violence, not to tolerate any inappropriate behaviour and to implement any preventive and corrective measures; • to recognize every person’s right to be protected, helped and supported fairly and discreetly; • to promote a culture of civility; • to swiftly resolve conflict situations that impact the work environment and, potentially, people’s health, in order to prevent situations involving harassment; • to offer the support necessary to people who feel they are victims of harassment through problem-solving mechanisms and a formal harassment complaint process that is effective, impartial and adapted to the workplace. 4 CONFIDENTIALITY 4.1 Any person directly or indirectly involved in a situation governed by this Policy must adhere to the principle of confidentiality. 4.2 However, the obligation to maintain confidentiality to which the Policy refers is not absolute: people who deal with situations brought to their attention may disclose information if necessary in the context of processing the file.

Concerned parties, as well as witnesses called as part of the complaint process, have the right to consult the resource person of their choice. Although disclosure is allowed under the Policy, it must occur with the greatest possible discretion, respectfully and without unjustly tarnishing people’s reputations. 4.3 Information about a complaint, including the identities of the parties and witnesses, must be kept confidential by all parties, including those involved in the complaint process. The people involved (parties and witnesses) must sign a confidentiality agreement at the beginning of the process.

8 POLICY ON PREVENTING AND MANAGING SITUATIONS INVOLVING HARASSMENT IN THE WORKPLACE 5 Resolution of situations resembling harassment 5.1

Definitions PERSON WHO FEELS HE OR SHE IS A VICTIM OF HARASSMENT : A person who experiences a situation which he or she perceives, in good faith, to potentially be harassment. COMPLAINANT : Person who makes a harassment complaint. RESPONDENT : Person considered responsible for the harassment by the person who feels he or she is a victim of harassment.

PERSON IN AUTHORITY : Given that the National Assembly is a workplace shared by Members, Members’ employees and administrative employees, and that these three groups are not all governed by the same employment relationships, the standard term “superior” is not always appropriate. For the purposes of this Policy, the term “person in authority” is considered more fitting. In certain cases, it is understood that informing the person in authority or referring the complainant to that person is not appropriate (i.e. when the person in authority is the respondent).

Another person in authority is then designated (Whip, Party leader or hierarchical superior). The following act as persons in authority, where applicable: COMPLAINANT OR RESPONDENT PERSON(

S) IN AUTHORITY Member Whip, or if the situation requires it, Party leader. Independent Member Secretary General. Member’s employee Member, or if the situation requires it, Whip or Party leader. Administrative employee Immediate superior, or if the situation requires it, hierarchical superior. REFERENCE PERSON FOR HARASSMENT CASES (REFERENCE PERSON): A person who can offer support during the informal process and answer questions related to the Policy.

The reference person also assists those involved in a complaint and refers them to the appropriate resources and services, following up with the external resource person and mediator, if applicable. The reference person is a Human Resources Directorate employee designated by the Secretary General to ensure application of and follow-up to the harassment complaint process.

NATIONAL ASSEMBL Y OF QUÉBEC ∕ JUNE 2015 9 EXTERNAL RESOURCE PERSON: A specialized, impartial resource person from outside the orga - nization to whom the reference person sends complaints. The external resource person determines whether a complaint is admissible and, if applicable, refers the parties to mediation or conducts an investigation. When the investigation is finished, the external resource person drafts a report that includes an analysis, findings on the complaint (substantiated, unsubstantiated or in bad faith) and recommended corrective measures.

The external resource person submits the report to the reference person. COMPLAINT ADMISSIBILITY : Preliminary analysis by the external resource person to determine if the nature of the complaint is serious enough to warrant follow-up. The analysis allows the external resource person to determine whether the complaint is admissible (not whether it is substantiated) MEDIATION: Discussions between the parties in the presence of a neutral, impartial external mediator.

INVESTIGATION: Process carried out by the external resource person to gather facts, meet the parties and witnesses, and reach a conclusion on whether the complaint is substantiated. BAD FAITH COMPLAINT (FRIVOLOUS COMPLAINT): Complaint whose sole purpose is to harm and undermine another person’s integrity, harm the employer or gain some sort of advantage. 5.2 Informal process Several avenues are open to a person who feels he or she is a victim of harassment: 1 . Speak to the person whose behaviour is objectionable as soon as possible, to explain that this conduct is unwanted and needs to stop. 2.

Go to the designated person in authority (see chart in 5.1) to get information, try to identify and define the nature and scope of the situation and explore possible solutions, including referral to other resources, if applicable (e.g. employee assistance program). The person in authority tries to determine if the situation falls within the scope of this Policy. If not, he or she can contact the reference person for guidance on the appropriate resources or tools. The person in authority may also refuse to act if he or she believes that the allegations are unsubstantiated or in bad faith. 3.

Contact the reference person for support during the informal process or for information on the Policy.

10 POLICY ON PREVENTING AND MANAGING SITUATIONS INVOLVING HARASSMENT IN THE WORKPLACE Responsibilities Contact the respondent Inform the person in authority Informal process Resolve the situation If the process is impossible or fails Situation apparentée à du harcèlement Formal process Complainant Employer/person in authority Reference person for harassment cases Information provided Help the parties, if necessary INFORMAL PROCESS 5.3 Formal process The Policy details the formal complaint process for situations involving harassment and the responsibilities of each of the parties involved, depending on whether the complainant is a Member (A), a Member’s employee (

B) or an administrative employee (C). It is understood that psychological harassment complaints are to be dealt with promptly, with particular attention to impar- tiality and confidentiality.

NATIONAL ASSEMBL Y OF QUÉBEC ∕ JUNE 2015 11 A. PROCESS – FOR A MEMBER WHO FEELS HE OR SHE IS A VICTIM OF HARASSMENT STEPS PROCESS STEP 1 Complaint A person who feels he or she is a victim of harassment can file a complaint with the reference person for harassment cases (reference person). STEP 2 Acknowledgement of receipt and interim measures The reference person acknowledges receipt of the complaint within seven working days and informs and assists the complainant’s Whip or Party leader, as applicable. The Whip or Party leader determines whether interim measures are required.

The reference person forwards the complaint to the external resource person. STEP 3 Admissibility analysis The external resource person analyzes the complaint’s admissibility. Admissible complaint: The external resource person notifies the complainant, he complainant’s Whip or Party leader, as applicable, and the respondent. If the respondent is • an employee (Member’s or administrative): the employer is notified; • a Member: the Whip or Party leader is notified. Inadmissible complaint: The external resource person notifies the complainant and the complainant’s Whip or Party leader.

The complainant is referred to other resources. Bad faith complaint: The external resource person notifies the complainant and the complainant’s Whip or Party leader. Measures may be taken (see

section 7). The external resource person notifies the reference person. STEP 4 Mediation If the complaint is admissible and mediation is an option, the external resource person proposes it to the respondent and the complainant. If both parties agree to it, an external mediator is assigned to the file. STEP 5 Investigation If mediation is impossible or fails, the external resource person conducts an investigation.

STEP 6 Findings When the investigation is finished, the external resource person relays the findings (complaint substantiated, unsubstantiated or in bad faith) to the complainant, the complainant’s Whip or Party leader, as applicable, and the respondent. If the respondent is • an employee (Member’s or administrative): the employer is notified; • a Member: the Whip or Party leader is notified. The external resource person notifies the reference person.

The respondent’s employer, Whip or Party leader and the complainant’s Whip or Party leader decide as soon as possible what measures to take, based on the external resource person’s recommendations. The reference person is informed of the measures taken so that they can be entered in the file.

12 POLICY ON PREVENTING AND MANAGING SITUATIONS INVOLVING HARASSMENT IN THE WORKPLACE B. PROCESS – FOR A MEMBER’S EMPLOYEE WHO FEELS HE OR SHE IS A VICTIM OF HARASSMENT STEPS PROCESS STEP 1 Complaint A person who feels he or she is a victim of harassment can file a complaint with the reference person for harassment cases (reference person). STEP 2 Acknowledgement of receipt and interim measures The reference person acknowledges receipt of the complaint within seven working days and informs and assists the complainant’s Member, Whip or Party leader, as applicable.

The Member, Whip or Party leader determines whether interim measures are required. The reference person forwards the complaint to the external resource person. STEP 3 Admissibility analysis The external resource person analyzes the complaint’s admissibility. Admissible complaint: The external resource person notifies the complainant, the complainant’s Member, Whip or Party leader, as applicable, and the respondent. If the respondent is • an employee (Member’s or administrative): the employer is notified; • a Member: the Whip or Party leader is notified.

Inadmissible complaint: The external resource person notifies the complainant and the complainant’s Member, Whip or Party leader. The complainant is referred to other resources. Bad faith complaint: The external resource person notifies the complainant and the complainant’s Member, Whip or Party leader. Measures may be taken (see

section 7). The external resource person notifies the reference person. STEP 4 Mediation If the complaint is admissible and mediation is an option, the external resource person proposes it to the respondent and the complainant. If both parties agree to it, an external mediator is assigned to the file. STEP 5 Investigation If mediation is impossible or fails, the external resource person conducts an investigation.

STEP 6 Findings When the investigation is finished, the external resource person relays the findings (complaint substantiated, unsubstantiated or in bad faith) to the complainant, the complainant’s Member, Whip or Party leader, as applicable, and the respondent. If the respondent is • an employee (Member’s or administrative): the employer is notified; • a Member: the Whip or Party leader is notified. The external resource person notifies the reference person.

The respondent’s employer, Whip or Party leader and the complainant’s employer must decide as soon as possible on what measures to take, based on the external resource person’s recommendations. The reference person is informed of the measures taken so that they can be entered in the file.

NATIONAL ASSEMBL Y OF QUÉBEC ∕ JUNE 2015 13 C. PROCESS – FOR AN ADMINISTRATIVE EMPLOYEE WHO FEELS HE OR SHE IS THE VICTIM OF HARASSMENT STEPS PROCESS STEP 1 Complaint A person who feels he or she is a victim of harassment can file a complaint with the reference person for harassment cases (reference person). STEP 2 Acknowledgement of receipt and interim measures The reference person acknowledges receipt of the complaint within seven working days and informs and assists the complainant’s immediate superior or hierarchical superior, as applicable.

The immediate superior or hierarchical superior determines whether interim measures are required. The reference person forwards the complaint to the external resource person. STEP 3 Admissibility analysis The external resource person analyzes the complaint’s admissibility. Admissible complaint: The external resource person notifies the complainant, the respondent and their immediate superior or hierarchical superior, as applicable. If the respondent is • a Member’s employee: the employer is notified; • a Member: the Whip or Party leader is notified.

Inadmissible complaint: The external resource person notifies the complainant and the complainant’s immediate superior or hierarchical superior. The complainant is referred to other resources. Bad faith complaint: The external resource person notifies the complainant and the complainant’s immediate superior or hierarchical superior. Measures may be taken (see

section 7). The external resource person notifies the reference person. STEP 4 Mediation If the complaint is admissible and mediation is an option, the external resource per- son proposes it to the respondent and the complainant. If both parties agree to it, an external mediator is assigned to the file. STEP 5 Investigation If mediation is impossible or fails, the external resource person conducts an investi- gation.

STEP 6 Findings When the investigation is finished, the external resource person relays the findings (complaint substantiated, unsubstantiated or in bad faith) to the complainant, the respondent and their immediate superior or hierarchical superior, as applicable. If the respondent is • a Member’s employee: the employer is notified; • a Member: the Whip or Party leader is notified. The external resource person notifies the reference person.

The respondent’s employer, Whip or Party leader and the complainant’s employer decide as soon as possible on what measures to take, based on the external resource person’s recommendations. The reference person is informed of the measures taken so that they can be entered in the file.

14 POLICY ON PREVENTING AND MANAGING SITUATIONS INVOLVING HARASSMENT IN THE WORKPLACE Complaint filed with reference person External resource person analyzes complaint’s admissibility • Complainant • Person in authority (complainant) Inadmissible Admissible • Complainant • Person in authority (complainant) • Respondent Mediation proposed Conduct investigation If mediation is impossible If the informal process is impossible or fails Conclusion (complaint substantiated, unsubstantiated or in bad faith) • Complainant • Person in authority (complainant) • Respondent • Person in authority (respondent) • Reference person Decide on measures to take, if any External resource person Complainant Reference person for harassment cases Employers/persons in authority Information provided Situation apparentée à du harcèlement End of process If mediation succeeds Informal process • Complainant • Person in authority (complainant) • Respondent • Person in authority (respondent) • Reference person Informs Responsibilities Informs Informs FORMAL PROCESS

NATIONAL ASSEMBL Y OF QUÉBEC ∕ JUNE 2015 15 6 Responsibilities This Policy refers to various parties, whose responsibilities are detailed below: 6.1 Office of the National Assembly • Adopt this Policy, jointly with the Secretary General; • Adopt any subsequent amendments, jointly with the Secretary General. 6.2 Secretary General • Adopt this Policy, jointly with the Office of the National Assembly; • Adopt any subsequent amendments, jointly with the Office of the National Assembly; For administrative employees • Ensure the Policy is implemented; • Prevent and stop harassment and violence; • Support a culture of prevention and civility; • Not tolerate any form of violence or harassment; • Intervene to resolve any at-risk conflict situations; • Ensure that situations are dealt with discreetly; • Ensure that supervisors under the Secretary General’s authority properly assume their responsibilities under this Policy; • Decide on measures to be taken; • Ensure that employees are not subject to reprisals; • After intervening in a conflict situation, restore a positive work environment and ensure follow-up on the problem situation. 6.3 Members As employers • Ensure the Policy is implemented among their employees; • Prevent and stop harassment and violence; • Support a culture of prevention and civility; • Not tolerate any form of violence or harassment; • Intervene to resolve any at-risk conflict situations; • Ensure that situations are dealt with discreetly;

16 POLICY ON PREVENTING AND MANAGING SITUATIONS INVOLVING HARASSMENT IN THE WORKPLACE • Ensure that supervisors under their authority properly assume their responsibilities under this Policy; • Decide on measures to be taken for their employees; • Ensure that employees are not subject to reprisals; • After intervening in a conflict situation, restore a positive work environment and ensure follow-up on the problem situation.

As colleagues (relations between Members) • Abstain from any form of harassment or violence; • Conduct themselves so as to foster a workplace free from violence, incivility or psychological harassment; • Maintain confidentiality; • Show respect for people with whom they interact in the course of their duties; • When required, cooperate in verifying alleged facts if harassment is reported. 6.4 Person in authority Since the standard term “superior” is not always appropriate in the context of this Policy, the term “person in authority” was considered more fitting.

The following act as persons in authority, as applicable: COMPLAINANT OR RESPONDENT PERSON(

S) IN AUTHORITY Member Whip, or if the situation requires it, Party leader. Independent Member Secretary General. Member’s employee Member, or if the situation requires it, Whip or Party leader. Administrative employee Immediate superior, or if the situation requires it, hierarchical superior.

NATIONAL ASSEMBL Y OF QUÉBEC ∕ JUNE 2015 17 With regard to persons for whom they are the person of authority • Prevent and stop harassment and violence; • Not tolerate any form of violence or harassment; • Ensure that situations are dealt with discreetly; • Support a culture of prevention and civility; • Intervene to resolve any at-risk conflict situations; • Note situations brought to his or her attention; • Ensure that people are not subject to reprisals; • Ensure that measures are applied; • If the Whip, Party leader or Secretary General is the person in authority, he or she also decides on measures to be taken, even if he or she is not considered the complainant’s or respondent’s employer; • After intervening in a conflict situation, restore a positive work environment and ensure follow-up on the problem situation. 6.5 Whip • If the Whip is the person in authority, his or her responsibilities are those listed under point 6.4. • As the person responsible for cohesion within a parliamentary group, the Whip must support a culture of prevention and civility within it, in particular by setting an example and being sensitive to inappropriate situations that colleagues may experience. 6.6 Human Resources Directorate • Ensure that the Policy is reviewed; • Train, inform and raise awareness about harassment among Members, superiors, Members’ employees and administrative employees; • Ensure that situations are dealt with discreetly; • Keep harassment files confidential.

18 POLICY ON PREVENTING AND MANAGING SITUATIONS INVOLVING HARASSMENT IN THE WORKPLACE 6.7 Reference person for harassment cases • Advise, inform and raise awareness among people governed by the Policy; • Receive requests or complaints under the Policy; • Ensure that situations are dealt with promptly and discreetly; • Refer employees to specialized resources for support (e.g. employee assistance program); • Maintain confidentiality. 6.8 Members’ employees and administrative employees • Abstain from any form of harassment or violence; • Conduct themselves so as to contribute to a workplace free from violence, incivility or psycholo- gical harassment; • Maintain confidentiality; • Show respect for people with whom they interact in the course of their duties; • When required, cooperate in verifying alleged facts if harassment is reported. 6.9 Person who feels he or she is a victim of harassment (complainant) • If possible, clearly tell the respondent to stop the objectionable behaviour; • Inform his or her Member, Whip, Party leader , immediate superior, hierarchical superior or the reference person for harassment cases, as applicable; • Maintain confidentiality; • Note all the facts related to the unwanted situation(s): date, time, witnesses, nature of the behaviour; • Cooperate with the complaint process and measures implemented to resolve the situation; • Actively participate in finding solutions; • If necessary, go to the person responsible for the employee assistance program. 6.10 Respondent • Cooperate with the complaint process and measures implemented to resolve the situation; • Change his or her conduct and correct any inappropriate or harassing behaviours, if applicable; • Maintain confidentiality; • If necessary, go to the person responsible for the employee assistance program.

NATIONAL ASSEMBL Y OF QUÉBEC ∕ JUNE 2015 19 7 Measures A person who harasses another person, files a complaint in bad faith or attempts to prevent resolution of a complaint by threats, intimidation or retaliation may be subject to measures. 8 Coming into force and review of the Policy 8.1 This Policy comes into force through a regulation passed by the Office of the National Assembly, after approval by the Secretary General. Any amending provision must be passed in the same manner. 8.2 The Policy is open to review every three years as of the date it is passed.

Until it is reviewed, the most recent Policy passed remains in force. 8.3 This Policy replaces the National Assembly’s Program on prevention and controlling harassment and violence in the workplace (French only). June 4, 2015 Secretary General Date

NATIONAL ASSEMBL Y OF QUÉBEC ∕ JUNE 2015 21 APPENDIX 1 Other

definitions of inappropriate behaviours While the following behaviours do not in themselves constitute harassment, they could become harassment if they were to correspond to the definition of psychological harassment outlined in

section 2. Regardless, they are inappropriate behaviours that can impact the work environment. ABUSE OF AUTHORITY : Improper use of authority for the purpose of hindering a person’s job per- formance, threatening the person’s livelihood or negatively interfering with his or her career. CONFLICT : Any form of disagreement or dispute involving two or more people that causes negative repercussions for them and, as a result, the work environment.

CYBERBULL YING: Using information technology (Internet, social networking sites, websites, email, text messaging, instant messaging) to undermine the dignity of another person. INCIVILITY : Conduct that infringes on the standards of mutual respect, cooperation, courtesy and good manners that can reasonably be expected in a workplace. VIOLENCE: Conduct, acts, speech or gestures that undermine a person’s dignity or physical or psychological well-being, or use force to make a person act against their will.

Violence can be phy - sical (assault, confinement, abduction), verbal or written (threats, bullying, libel, insulting or abusive remarks).

APPENDIX 2 Examples of what does not constitute harassment The following situations do not constitute harassment: • Managerial rights: The employer’s right to supervise employees and make decisions related to the employer’s mission, including: • Managing employee discipline; • Managing absenteeism; • Managing employee job performance and organization; • Implementing disciplinary measures, whether verbal or written; • Making changes to work organization or working conditions. • Conflicts at work (work conflict is not one-way, but harassment is); • Victimization (“enjoying” one’s role as a victim); • Stress at work; • Difficult social relationships.

Communications, Educational Programs and Visitor Services Directorate Photocoying and Printing Services of the National Assembly of Québec June 2015 Paper made in Québec

POLICY ON PREVENTING AND MANAGING SITUATIONS INVOLING HARASSMENT IN THE WORKPLACE Paper made in Québec

1 Nova Scotia House of Assembly Policy on the Prevention and Resolution of Harassment in the Workplace (Policy). Approved by the Nova Scotia House of Assembly on May 19, 2016. Effective date May 20, 2016. STATEMENT: The Nova Scotia House of Assembly is committed to providing a workplace that is free of harassment. 1. Name This Policy is called “Nova Scotia House of Assembly Policy on the Prevention and Resolution of Harassment in the Workplace.” 2. Context Everyone has a right to be treated with respect and has a responsibility to treat others the same way.

It is in the best interests of everyone to foster a workplace that supports respect and dignity and prevents harassment by promoting awarene ss of and early informal resolution of harassment complaints. To prevent harassment all communications and interactions should be professional and respectful. Showing courtesy and politeness can go a long way to preventing misunderstandings that could be perceived as harassment. Behaviour considered harmless by one person may be considered offensive by another. Individuals should be sensitive to how others react to their remarks and behaviour.

Body language is important: non-verbal behaviour, such as facial expressions, posture, tone of voice or silence, may indicate that another person is not comfortable with the behaviour. 3. Workplace The workplace is a ny place where the business of the House of Assembly is being carried out including, but not limited to;  all offices, premises and locations that are used by persons identified at

Section 4 of this Policy as their workplace;  all premises where the business of the House of Assembly is being conducted; and  all locations and situations, including business travel , conferences and work -related social gatherings, where House of Assembly-related activities are carried out.

2 4. Application This Policy applies to  every elected Member of the House of Assembly (MLA);  every staff person, be he or she permanent, contract, casual, intern, page or other, whose salary or remuneration is paid from the Legislative Services budget of the House of Assembly;  any contract staff person whose salary is paid from budgets other than the Legislative Services budget of the House of Assemb ly and who work s at the workplace defined under

Section 3 including security staff; and  volunteers who work with MLAs. For greater certainty, this Policy applies to employees who are subject to a collective agreement and whose salary or remuneration is pai d from the Legislative Services budget of the House of Assembly. Employees who are subject to a collective agreement are also subject to the Government of Nova Scotia Respectful Workplace Policy.

For greater certainty, this Policy does not apply to debate and proceedings in the House of Assembly (including Committee of the Whole on Supply, the Subcommittee on Supply and the Committee of the Whole House on Bills) and does not apply to debate and proceedings before the Committee on Assembly Matters, the Stand ing, the Select and the Special Committees of the House of Assembly. 5.

Harassment Harassment means any behaviour, act, conduct or comment, whether sexual in nature or not, whether occurring on a one -time or recurring basis, by a person to whom this Policy ap plies, directed at and offensive to another person to whom this Policy applies, and that the person knew or ought reasonably to have known  would be unwelcome and cause offence or harm;  would demean, belittle, intimidate, threaten, distress, humiliate or embarrass;  would affect a person’s reputation;  would endanger a person’s job, undermine job performance, threaten economic livelihood or interfere with one’s career;  would be discrimination on account of one or more factors listed in the Human Rights Act;  would be bullying as defined under the Education Act; or  would be cyberbullying as defined under the Cyber-safety Act or under another Act.

3 6.

Purpose The purpose of this Policy is to  encourage open communication to ensure that the workplace is free of harassment and that persons in the workplace are respectful of each other;  prevent harassment between persons to whom this Policy applies;  encourage early identification and reporting of harassment complaints;  promote and encourage both informal and formal reporting of instances of harassment;  initiate early and informal resolution of harassment situations, whenever possible;  establish a resolution process that is complainant -driven, that is one where it is the complainant’s choice as to whether the complaint brought forward is informal or formal and it is also the complainant’s discretion to bring an end to the complaint process at any given time in the process;  ensure that any allegation of harassment is taken seriously and provide procedures for the speedy and effective resolution of allegations;  make everyone aware of each person’s responsibilities;  ensure confidentiality throughout the complaint resolution process, unless otherwise provided for in this Policy; and  provide, in situations where harassment is found to have occurred, remedial, corrective or disciplinary measures, up to and including termination of employment in the case of staff or in the case of an elected Member, a referral and motion by the Internal Aff airs Committee to the House of Assembly. 7.

General Guidelines and Directives 7.1 Confidentiality Appropriate steps will be taken to ensure the confidentiality of all inquiries, complaints and related records is respected, subject to procedural fairness or to any disclosure required by this Policy or by law. Disciplinary measures may be taken against an individual who inappropriately discloses information. No person shall disclose information related to the resolution process or any information related to any participant.

All persons associated with a complaint including witnesses are responsible for limiting discussion of the complaint and the disclosure of related information to those people who need to know.

4 7.2 Confirmation of receipt and reading of Policy

A) All persons to whom this policy applies as set out in

Section 4, except contract staff persons whose salary is paid from budgets other than the Legislative Services budget of the House of Assembly and who work at the workplace defined under

Section 3 including security staff and volunteers, are to be provided with a copy of this Policy. Within 5 business days of receiving the Policy, each person must individually sign and return to the person providing them with a copy of this Policy, a form acknowledging receipt of the Policy and confirming they have read the Policy. Each signed confirmation form will immediately be remitted by the person collecting them to the Chief Clerk for filing.

Person providing the Policy and collecting the confirmation of receipt Person receiving the Policy and signing acknowledgment Party Whip Each and every caucus MLA in the Whip’s political party Chief Clerk Each Independent MLA; the Director of Administration – Speaker’s Office; an Assistant Clerk; the Sergeant-at-Arms; the Chief Legislative Counsel; the Legislative Librarian; the Manager – House of Assembly Operations; the Hansard Editor; the Manager of Legislative Television Broadcast and Recording Services; the Coordinator – House of Assembly Operations; the Chief Clerk.

Director of Administration – Speaker’s Office Every staff person be it permanent, contract, casual, intern, page or other, whose salary or remuneration is paid from the Legislative Services budget of the House of Assembly and who is not listed in this chart. Sergeant-at-Arms Contract staff and service providers

B) As a condition of their contract, all contract staff persons whose salary is paid from budgets other than the Legislative Services budget of the House of Assembly and who work at the workplace defined under

Section 3 including security staff, are to be informed of the Policy by the employer as identified in their contract of service. Where possible, reference to this Policy will be noted in the contract of employment of the staff person and will be included as a condition of the general contract for service with the service provider. The Sergeant-at-Arms will provide copies of the Policy and a one-page

summary brochure of the Policy to the employer identified in the contract of service for distribution to each contract staff person working at the workplace defined under

Section 3. The Sergeant-at-Arms will obtain from the employer identified in the service contract a form acknowledging that that person has informed all contract staff of the Policy. The Sergeant -at-Arms will immediately remit the signed form to the Chief Clerk for filing.

C) When an MLA retains a volunteer to work with them, the MLA is responsible for informing the volunteer of this Policy by providing a one-page

summary brochure of the Policy and directing the volunteer to the location on The Nova Scotia Legislature’s website where the Policy is posted. 7.3 Criminal Conduct When there are reasonable grounds to believe that an MLA or other person to whom this Policy applies has committed an offence under the Criminal Code or provincial legislation, the Speaker of the House of Assembly, in consultation with the Chief Clerk and the Chief Legislative Counsel shall notify the proper authorities.

The resolution process under this pol icy remains pending until the proper authorities advise the Speaker that no charges will be laid or that there has been a final disposition of the charges with respect to the conduct. 7.4 Dissemination of Policy This Policy will be included and form part of the Members’ Manual – Members’ Compensation, Expenses and Constituency Administration. This Policy and a

summary thereof will be posted in a prominent place on the Nova Scotia Legislature’s website. Within 10 business days of the election of a new MLA, it is the responsibility of that MLA’s Whip to provide a copy of the Policy to the new MLA and to obtain from the MLA a form acknowledging receipt of the Policy and confirming the Policy has been read. That form is to be filed immediately by the Whip with the Chief Clerk. It is the responsibility of the Chief Clerk to provide a copy of the Policy to an Independent MLA and to obtain from the MLA a form acknowledging receipt of the Policy and confirming the Policy has been read.

6 Each person hiring a staff perso n be it permanent, contract, casual, intern, page or other, whose salary or remuneration is paid from the Legislative Services budget of the House of Assembly is responsible for informing the Director of Administration – Speaker’s Office of the hire and th e Director will provide a copy of the Policy to that person and file the form acknowledging receipt of the Policy and confirming that the Policy has been read with the Chief Clerk. 7.5 Education and Orientation The Chief Clerk or the Chief Clerk’s delegate shall develop and offer appropriate orientation and ongoing training sessions to all persons to whom this Policy applies, to assist them in understanding their respective duties and responsibilities and, in particular, in applying and complying with this Policy. 7.6 Indemnification The House of Assembly shall indemnify each person who acts under this Policy against all costs, charges and expenses actually and reasonably incurred by that person, including an amount paid to settle an action or satisfy a judgment in a civil, criminal or administrative action or proceeding to which the person is made a party because of the duties carried out under this Policy, if the person acted in good faith with a view to the best interests of the House of Assembly and had reasonable grounds for believing that his or her conduct was lawful.

No action or other proceeding for damages lies or may be instituted against the House of Assembly for

an act or omission done in good faith in the execution or intended execution of any duty pursuant to this Policy. 7.7 Informal Resolution Informal resolution should be attempted prior to the submission of a formal complaint except where the complainant refuses to participate or has been advised, by the person designated in the Policy to receive the complainant’s complaint, not to participate in the informal process. 7.8 Policy Updates Each person who is responsible under this Policy to provide copies of the Policy and obtain forms acknowledging receipt and reading of the Policy are also responsible for t he distribution of all Policy updates in the same manner. 7.9 Procedural Fairness The parties to a complaint made under this Policy have the right to be informed, to be heard and to obtain an impartial decision.

7 7.10 Support Person A complainant and a respondent c an each be accompanied by a support person at all steps of the informal or formal complaint process. For the purpose of this Policy a support person is a personal friend or confidant. 7.11 Timeliness All complaints should be dealt with in keeping with the time lines under this Policy and any remedial, corrective or disciplinary action should be implemented expeditiously and consistently. The complaint process, up to and including Step 7 under

Section 11 of this Policy , must be completed, without undue delay, no more than 6 months from the date the formal complaint is made unless an investigation extension has been granted under

Section 11.5.5. 8.

Definitions 8.1 Complainant A person to whom this Policy applies and who initiates an informal or a formal harassment complaint under this Policy. 8.2 Formal Complaint A complaint that is filed in writing under Step 2 of

Section 11 of this Policy. 8.3 Informal Complaint A complaint that is not formally filed under Step 2 of

Section 11 of this Policy and that is resolved under Step 1 of

Section 11. 8.4 Informal Resolution Practices, including counselling, coaching, facilitation or mediation that may assist the parties to resolve their differences in a timely and appropriate fashion. 8.5 Mediation A voluntary process used to resolve conflict by having a third party help the disputing persons arrive at a mutually acceptable solution. 8.6 Respondent A person to whom this Policy applies and who is named as a respondent to an informal or a formal harassment complaint by the complainant under this Policy.

8 9. To whom are complaints both formal and informal made?

When the Respondent named in the complaint is: The Complainant makes the complaint to: (a) • an MLA the Whip of the MLA’s political party (b) • a Whip the House Leader of the Whip’s political party (c) • an Independent MLA; • a House Leader; • the Director of Administration – Speaker’s Office; • an Assistant Clerk; • the Sergeant-at-Arms; • the Legislative Librarian; • the Manager – House of Assembly Operations; • the Hansard Editor; • the Manager of Legislative Television Broadcast and Recording Services; • the Coordinator – House of Assembly Operations the Chief Clerk (d) • the Chief Clerk; • the Chief Legislative Counsel the Speaker (e) • the Speaker the Chair of the Internal Affairs Committee (f) • a person to whom this Policy applies and who is not listed at paragraphs (a), (b), (c), (d), (

e) or (

g) of this chart Director of Administration – Speaker’s Office

9 (g) • contract staff including security staff whose salary is paid from budgets other than the Legislative Services budget the Sergeant-at-Arms 9.1 When a complainant lacks confidence that the person designated to receive the complaint will process the complaint fairly or give it the attention it deserves, the complainant may choose, in those circumstances, to make the complaint directly to the Chief Clerk or the Chief Clerk’s designate. 10. Roles and Responsibilities 10.1 Person receiving complaint Action to be taken (

a) a Whip; (

b) a House Leader; (

c) the Chief Clerk; (

d) the Speaker; or (

e) the Chair of the Internal Affairs Committee 1. Confirm with the complainant whether the complaint being made is an informal or a formal complaint. 2. Inquire as to whether any resolution efforts were undertaken before making the complaint. 3. Inform the complain ant of available alternative resolution processes and time restrictions such as possible complaints to the Human Rights Commission, etc. 4. Inform the respondent of the complaint. 5. Explore, as appropriate, informal resolution or mediation options to resolve th e complaint.

Participation in an informal resolution process is voluntary and only after the complainant agrees to participate will the respondent be asked whether that person wishes to participate in an informal resolution process.

10 6. Remind the complainant and the respondent that informal resolution and /or mediation options are available at all stages of the resolution process. 7. Where the complainant has confirmed that the complaint is a formal complaint, review and accept or reject the filing of the formal complaint as required by

Section 11.3 of this Policy. When the filing is rejected for technical reasons only, provide an opportunity for the technical error to be corrected. 8. Refer a filed formal complaint to the Office of the Ombudsman for investigation. 9. Request that the Office of the Ombudsman’s investigation report contain one of the following conclusions: (

a) there is sufficient evidence to support a claim that the respondent has engaged in a conduct that constitutes harassment as defined by this Policy; (

b) there is insufficient evidence to support a claim of harassment as defined by this Policy; or (

c) there is insufficient evidence to support a claim of harassment as defined by this Policy, and the complaint was frivolous or vexatious or was not made in good faith. The report may make recommendations as deemed appropriate by the Office of the Ombudsman to address issues identified during the investigation.

11 10. Where the investigation report concludes there is sufficient evidence to support the claim of harassment or the complaint is frivolous, vexatious or not made in good faith, the person receiving the report may (

a) recommend and implement any remedial, corrective or other measures against the MLA, the Whip, the Independent MLA, the House Leader or the Speaker, as the case may be; (

b) in the alternative and in exceptional cases where the person receiving the report believes that the appropriate measure to be taken in that case is a referral and motion by the Internal Affairs Committee to the House of Assembly, that person sh all immediately refer the matter to the Chair of the Internal Affairs Committee without first determining a measure to be taken; (

c) recommend and implement any remedial, corrective or other measures up to and including suspension or termination of employment against the Director of Administration – Speaker’s Office, an Assistant Clerk, the Sergeant -at- Arms, the Legislative Librarian, the Manager – House of Assembly Operations, the Hansard Editor, the Manager of Legislative Television Broadcast and Recording Services, the Coordinator – House of Assembly Operation, the Chief Clerk or the Chief Legislative Counsel, as the case may be.

12 11. Where the investigative report from the Office of the Ombudsman has made recommendations to address issues identified during the investigation, the person receiving the report will determine the manner in which to address the recommendations. When the complaint is received by the Director of Administration – Speaker’s Office 1. Confirm with the complainant whether the complaint being made is an informal or a formal complaint. 2. Inquire as to whether any resolution efforts were undertaken before making the complaint. 3.

Inform the complainant of available alternative resolution processes and time restrictions such as possible complainants to the Human Rights Commission, etc. 4. Inform the respondent and the complainant’s supervisor of the complaint. 5. Explore, as appropriate, informal resolution or mediation options to resolve the complaint. Participation in an informal resolution process is voluntary and only after the complainant agrees to participate will the respondent be asked whether that person wishes to participate in an informal resolution process.

Retain the services of mediators of other professionals as required in consultation with the Public Service Commission and the Office of the Ombudsman to assist in resolving the complaint. 6. Remind the complainant and the respondent that informal resolution and/or mediation options are available at all stages of the resolution process.

13 7. Where the complainant has confirmed that the complaint is a formal complaint, review and accept or reject the filing of the formal c omplaint as required by

Section 11.3 of this Policy. When the filing is rejected for technical reasons only, provide an opportunity for the technical error to be corrected. 8. Refer a filed formal complaint to an investigator or the Office of the Ombudsman for investigation. 9. Direct that the investigation report contain one of the following conclusions: (

a) there is sufficient evidence to support a claim that the respondent has engaged in a conduct that constitutes harassment as defined by this Policy; (

b) there is ins ufficient evidence to support a claim of harassment as defined by this Policy; or (

c) there is insufficient evidence to support a claim of harassment as defined by this Policy, and the complaint was frivolous or vexatious or was not made in good faith. The report may make recommendations as deemed appropriate by the Office of the Ombudsman to address issues identified during the investigation. 10. Where the investigation report concludes there is sufficient evidence to support the claim of harassment or the complai nt is frivolous, vexatious or not made in good faith, the Director in consultation with the person’s appropriate manager and/or supervisor and the Public Service Commission, recommend and implement

14 any remedial, corrective or other measures up to and inclu ding suspension or termination of the person’s employment. 11. Where the investigative report from the Office of the Ombudsman has made recommendations to address issues identified during the investigation, the person receiving the report will determine the manner in which to address the recommendations. When a complaint is received by the Sergeant-at-Arms Where the respondent named in the complaint is a contract staff person, the Sergeant -at-Arms will resolve the complaint by involving the parties to the contract.

This means that these complaints do not proceed any further under this Policy as they are resolved outside this Policy. 10.2 Person or Office receiving an investigative referral Action to be taken When the Office of the Ombudsman or a private investigator receives a request to conduct an investigation under this Policy The Office of the Ombudsman or the private investigator will conduct an investigation and the investigation report will contain one of the following conclusions: (

a) there is sufficient evidence to support a claim that the respondent has engaged in a conduct that constitutes harassment as defined by this Policy; (

b) there is insufficient evidence to support a claim of harassment as defined by this Policy; or

15 (

c) there is insufficient e vidence to support a claim of harassment as defined by this Policy, and the complaint was frivolous or vexatious or was not made in good faith.

The report may make recommendations as deemed appropriate to address issues identified during the investigation. 10.3 The Committee on Assembly Matters Action to be taken  adopting this Policy and recommending its approval to the House of Assembly;  recommending to the House of Assembly that it adopt any legislative and rule changes required to give effect to this Policy;  adopting amendments to the Policy and recommending the approval of any amendments to the House of Assembly; and  ensuring that the Policy is implemented and appropriately applied. 10.4 The Internal Affairs Committee Action to be taken  in exceptional cases receiving a referral from a person who believes, when reviewing an investigation report that the appropriate measure to be taken in that particular case is a referral and motion by the Internal Affairs Committee to the House of Assembly;  deciding the exceptional cases referred to the Committee and implementing any remedial, corrective or other measures against the MLA, the Whip, the Independent MLA, the House Leader or the Speaker, as the case may be;

16  receiving appeals limited to the remed ial, corrective, disciplinary or other measures imposed, including the final investigative report and the appellant’s written submissions setting out the sufficiency of the remedial, corrective or other measures imposed on the respondent or an appeal from a measure imposed on the complainant because the complaint was frivolous, vexatious or not made in good faith;  conducting an appeal process in accordance with this Policy;  receiving complaints under

Section 9 naming the Speaker as the respondent and taking action as required under

Section 10 of this Policy; and  when the appeal relates to the measures imposed on an MLA, preparing a report for the House of Assembly containing a

summary of the final investigative report and any recommendations regarding appropriate sanctions to be imposed by the House of Assembly on the MLA. 10.5 The House of Assembly Action to be taken  adopting a motion approving and declaring this Policy in force;  adopting all additional resolutions, rule and legislative amendments required to authorize the persons, offices or Committees named in the Policy to carry out their duties as required by the Policy;  adopting by motion any Policy amendments as recommended by the Committee on Assembly Matters;  receiving reports from the Internal Affairs Committee, debating and voting on any

17 recommendations made by the Committee to the House regarding appropriate sanctions to be imposed on an MLA. 10.6 The Chief Clerk Action to be taken  fostering a work environment free of harassment within the House of Assembly Administration;  providing the Policy to persons as required under

Section 7.2 of this Policy and receiving and filing forms acknowledging receipt and confirming that the Policy has been read by these persons;  disseminating the Policy and updates as required under

Section 7.4 and

Section 7.8 of this Policy;  developing and offering appropriate orientation and ongoing training sessions and to all pers ons to whom this Policy applies; and  receiving complaints under

Section 9 and taking action as required under

Section 10 of this Policy. 10.7 The Director of Administration - Speaker’s Office Action to be taken  fostering a work environment free of harassment within the House of Assembly Administration;  providing the Policy to persons as required under

Section 7.2 of this Policy, receiving forms acknowledging receipt and confirming that the Policy has been read by these persons and filing the forms w ith the Chief Clerk;

18  disseminating the Policy and updates as required under

Section 7.4 and

Section 7.8 of this Policy; and  receiving complaints under

Section 9 and taking action as required under

Section 10 of this Policy. 10.8 The Whip Action to be taken  fostering a work environment free of harassment within the House of Assembly;  providing the Policy to persons as required under

Section 7.2 of this Policy, receiving forms acknowledging receipt and confirming that the Policy has been read by these persons and filing the forms with the Chief Clerk;  disseminating the Policy and updates as required under

Section 7.4 and

Section 7.8 of this Policy; and  receiving complaints under

Section 9 and taking action as required under

Section 10 of this Policy. 10.9 The MLA Action to be taken  fostering a work environment free of harassment within the House of Assembly; and  when retaining a volunteer to work with the MLA, informing the volunteer of this Policy, providing a one -page

summary of the Policy as required under

Section 7.2 and directing the volunteer to the location on The Nova Scotia Legislature’s website where the Policy is posted.

19 10.10 The Speaker Action to be taken  fostering a work environment free of harassment within the House of Assembly;  notifying, after consultation with the Chief Clerk and the Chief Legislative Counsel, the proper authorities when there are reasonable grounds to believe a person to whom this Policy applies has committed an offence under the Criminal Code or provincial legislation; and  receiving complaints under

Section 9 and taking action as required under

Section 10 of this Policy. 10.11 Complainants Action to be taken  assessing the possibility of a misunderstanding arising out of lack of knowledge, misconstrued intent or differing values;  informing, in a timely manner, personally if comfortable in doing so, or through an appropriate intermediary, the individual whose conduct is of concern, that such conduct is objectionable and unwelcome;  keeping a record of the incident(s), including a description of the offensive conduct, date(s), time(s), location(

s) and the names of witnesses, if any;  seeking advice from a qualified and trusted person;  participating if appropriate in the circumstances and in the complainants discretion in informal resolution processes up to and including mediation before lodging a formal complaint;

20  making the complaint in accordance with this Policy;  may withdraw a complaint at any step of the complaint process including at any ti me during Step 7 and Step 8 of the Procedures under this Policy; and  cooperating with persons designated to mediate, review, or investigate complaints. 10.12 Respondents Action to be taken  discussing the matter with the complainant as soon as possible, if asked;  stopping the conduct that is considered to be offensive to the complainant and remedying the situation with an appropriate gesture given the circumstances, such as an apology;  seeking advice from a qualified and trusted person; and  cooperating w ith persons designated to mediate, review or investigate complaints. 10.13 All Persons Action to be taken  ensuring that their own conduct contributes to a harassment free work environment;  acting in a respectful manner in dealings with others;  being familiar with this Policy and its related procedures;  informing individuals, if possible, whose conduct is offensive that their behaviour is objectionable and unwelcome and asking them to stop;

21  making every effort to resolve any conflicts in which they may be involved, as soon as they arise and before they escalate;  respecting the confidentiality of complainants and respondents by avoiding any informal discussion of harassment complaints of which they have knowledge;  bringing to the attention of the appropr iate person identified in this Policy any harassment to which they are subjected or of which they become aware; and  cooperating in the resolution or investigation of harassment cases. 10.14 The House Leader Action to be taken  fostering a work environment free of harassment within the House of Assembly; and  receiving complaints under

Section 9 and taking action as required under

Section 10. 10.15 The Sergeant-at-Arms Action to be taken  fostering a work environment free of harassment within the House of Assembly;  ensure w here possible, reference to this Policy will be noted in the contract of employment of the contract staff person and will be included as a condition of the general contract for service with the service provider;  will provide copies of the Policy and a one- page

summary brochure to the employer identified in the contract of service for distribution to each contract staff person

22 working at the workplace defined under

Section 3;  will obtain from the employer identified in the service contract a form acknowledging that that person has informed all contract staff of the Policy and will file the signed form with the Chief Clerk; and  receiving complaints under

Section 9 and taking action as required under

Section 10. 11. PROCEDURES 11.1 Step 1 – Informal Resolution 11.1.1 The objective of informal resolution is to correct any situation, problem or conflict as soon as possible and in a fair and respectful manner. Every effort should be made to resolve the problem as quickly as possible with open commun ications and cooperation. Participation in an informal resolution process is voluntary. 11.1.2 If a person believes that he or she has been harassed and that person chooses to address the matter informally, the following actions should be taken:  make it known to the other party as soon as possible that

Document details

Collection	Newfoundland and Labrador — Committees
Citation	business_electronicdocuments_jurisdictionalresearch2018
Type	committee
Volume / chapter	business_electronicdocuments_jurisdictionalresearch2018.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	19bfccd76eab245e7c24d2b3729d1ec591795a3f

Source file is stored in the law ingest library (json).