Investigator Qualification Assessment Tool - Work Place Harassment and Violence Investigation - 2021-2

Effective January 1, 2021, Bill C65 and the associated Work Place Harassment and Violence Prevention Regulations (WPHVPR): SOR/2020-130 will come into force and effect. In order to assist departments with the hiring of investigators under the resolution process in the new WPHVPR, we have created a tool that can be used to assess the qualifications of potential investigators.

This tool is designed to assist departments in  ensuring the investigator has the appropriate knowledge, experience and training that meets the investigative requirements for the particular case as per Section 28 (1) of the new Work Place Harassment and Violence Prevention Regulations: SOR/2020-130. The “applicable partner” refers to the Policy Health and Safety Committees (or Work Place Health and Safety Committees/Representatives if a Policy Committee does not exist). Reference to a jointly developed or identified list of investigators by the applicable partner and the employer infers that they were both involved in the selection of qualified investigators, as per Section 27 (1) – Selection of investigator.

Questions:

1. If you would like to have your name included on the list of investigators, please provide your name(s) and contact information below. Please provide your CV and references to this response.
   
   

   Name:

   Address:

   Telephone numbers:

   Company:

   Language: French ___  English ___  Bilingual ___

   Gender (optional):  Man ___ Woman ___   Gender diverse___ If so, please specify: _______________

   References:

2. What are the potential remedies following a harassment and violence investigation under the Work Place Harassment and Violence Prevention Regulations? What is the purpose of an investigation as it relates to remedy under the WPHVPR?
   
   
3. Please demonstrate that, within the last ten (10) years, you have completed a minimum of three (3) Projects of Investigative Services (e.g. harassment, violence, Hazardous Occurrence Investigations Reporting and Recording (HOIR)), as lead, sole investigator or as co-investigator within the Federal Government (department, agency or Crown corporation), Federal Sector and/or Provincial/Territorial jurisdiction where you applied investigative techniques.
   
   At a minimum, one (1) of the three (3) projects of investigative services listed above must be related to a workplace harassment and/or violence investigation and include:
   
   1. Organizational impact of the investigation;
   2. Description of the resource’s role (brief description of the responsibilities and duties involved in completing the case);
   3. Name of the client, project authority name;
   4. Current telephone number and/or email address of client (as a reference).
      
      
4. Do you have:
   1. training in investigative techniques? (Yes/No) ___. Please elaborate in Question 8 below.
   2. knowledge, training and experience that are relevant to harassment and violence in the work place? (Yes/No) ____. Please elaborate in Question 7 below.
   3. knowledge of the Act, the Canadian Human Rights Act and any other legislation that is relevant to harassment and violence in the work place?  (Yes/No) __. Please elaborate in Questions 5 and 6 below.
5. Do you have knowledge of relevant Canadian labour law and employment law, including the Canada Labour Code? (Please explain.)
6. Do you have knowledge, training and experience in equity and human rights and/or Canadian human rights law? (Please explain.)
7. What experience do you have in issues including but not limited to workplace violence, harassment, sexual harassment, cyber bullying, and/or domestic violence? (Please explain.)
8. Do you have training in administrative investigative techniques, including root cause analysis, interviewing techniques, active listening and report writing skills? (If yes, please list all relevant training and or certification(s).)
9. Please explain the requirements for the protection of the persons involved in the work place harassment and violence process.
10. Describe in your own words the role of the investigator in a workplace investigation.
11. What are some possible recommendations that could come out of a work place investigation?

Please note that this tool is a guide to assess the qualifications of investigators. Departments are free to use it as they wish.