Kara Sears
Harassment in the workplace is illegal in Canada, with laws in place to prevent it. These laws are designed to ensure that all federally regulated workplaces are free from harassment and violence of any kind. The Canadian government introduced new regulations in 2021 to strengthen the existing framework for harassment and violence prevention. This includes sexual harassment and sexual violence, in federally regulated workplaces. These regulations require employers to assess the risk of and develop policies to prevent workplace harassment and violence. Additionally, employers must provide mandatory training on the prevention of harassment and workplace violence for employees.
| Characteristics | Values |
|---|---|
| Federal laws | The Government of Canada introduced Bill C-65, an Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Budget Implementation Act, 2017, No. 1. |
| Provincial laws | Each province has its own laws and training mandates. For example, Quebec requires training content to be available in French, while Nova Scotia only recommends training. Ontario, Alberta, British Columbia, New Brunswick, and Newfoundland and Labrador have similar legislation. |
| Workplace harassment and violence prevention policy | Employers must develop a policy to prevent workplace harassment and violence, which may vary from employer to employer. |
| Risk assessment | Employers must assess the risk of workplace harassment and violence and keep records of every occurrence. |
| Training | Employers must provide training on workplace harassment and violence prevention, including recognizing, preventing, and responding to incidents. |
| Reporting | Employees must know how to report incidents of workplace harassment and are encouraged not to be bystanders. |
| Resolution | The policy must include a resolution process for employees to follow if they witness or experience workplace harassment or violence. |
| Emergency procedures | The policy must include emergency procedures to be implemented when an occurrence poses an immediate danger to the health and safety of an employee. |
| Compliance | Employers must comply with the Canada Labour Code, which prohibits workplace harassment and discrimination and requires employers to ensure a safe, healthy, and violence-free environment for employees. |
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What You'll Learn
Workplace harassment and violence prevention regulations
In Canada, workplace harassment and violence prevention regulations are enforced at both the federal and provincial levels of government. These regulations aim to prevent and address instances of workplace harassment and violence, ensuring a safe and healthy environment for employees. The federal laws apply to specific industries, including government, banking, broadcasting, telecommunications, aviation, rail, shipping, and trucking.
The Workplace Harassment and Violence Prevention Regulations outline several requirements for employers to create a safe working environment. Firstly, employers must develop and implement a comprehensive workplace harassment and violence prevention policy. This policy should demonstrate the employer's commitment to preventing and addressing harassment and violence. It should also outline the roles and responsibilities of all parties involved, including employees and relevant committees. Additionally, the policy should describe the risk factors contributing to workplace harassment and violence, including sexual harassment and domestic violence.
As part of the prevention policy, employers must provide training to employees. This training should cover a range of topics, such as civility and respect, recognizing and responding to harassment and violence, and understanding the relationship between illegal discrimination and harassment. It is important for employees to know how to identify and report instances of harassment and the recourse mechanisms available to them. Training should be ongoing and integrated into the workplace culture, rather than a once-a-year event.
To support the implementation of the prevention policy, employers are required to conduct risk assessments to identify potential hazards and develop appropriate measures. This involves assessing the risk of workplace harassment and violence and determining the necessary information, instruction, and training required for each specific job. In organizations with up to 19 employees, this assessment is conducted with the health and safety representative, while those with 20 to 299 employees involve the workplace committee. Larger organizations with over 300 employees engage the policy committee in the risk assessment process.
In addition to prevention measures, it is crucial to establish a resolution process for employees to follow if they experience or witness workplace harassment or violence. This process should include clear procedures for reporting incidents, investigating complaints, and taking corrective actions. Confidentiality is also an important aspect, ensuring that information about an incident is handled discreetly, with disclosure limited to what is necessary for the investigation and corrective actions.
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Workplace harassment training
In Canada, workplace harassment and discrimination are generally prohibited, and most employers have an obligation to ensure a safe, healthy, and violence-free environment for employees. While laws are created at both the federal and provincial levels of government, employers fall under either federal or provincial/territorial laws, depending on their industry.
Federal laws apply to approximately 10% of Canada's workers, including those in government, banking, broadcasting, telecommunications, aviation, rail, shipping, and trucking. Employers in federally regulated workplaces must develop a workplace harassment and violence prevention policy in consultation with the policy committee, workplace committee, or health and safety representative. This policy should include the employer's commitment to preventing and addressing harassment and violence, as well as a description of the roles and responsibilities of workplace parties in relation to these issues. It should also outline the risk factors that contribute to workplace harassment and violence and the training provided to employees on these topics. Additionally, the policy should detail the resolution process for employees who witness or experience harassment or violence, emergency procedures, and the designated person to receive complaints related to non-compliance with the Code or Regulations.
Employers are required to conduct a workplace risk assessment to identify the hazards associated with each specific job and the measures and procedures in place to address them. This assessment should be conducted in collaboration with the health and safety representative or committee, depending on the size of the organization. It is important to keep records of every occurrence of harassment and violence and report annually to the Labour Program.
Provinces like Ontario, Alberta, British Columbia, New Brunswick, and Newfoundland and Labrador have their own legislation addressing workplace harassment. For example, in Ontario, the Occupational Health and Safety Act (OHSA) and the Human Rights Code provide guidance on workplace harassment and violence. The OHSA requires employers to provide workers with information related to the risk of workplace violence and to prepare policies and procedures regarding workplace harassment, which must be reviewed at least annually. Additionally, employers should identify the training needs of their employees and ensure that instruction or training is repeated as necessary.
To comply with Canadian regulations, workplace harassment training should cover the following key areas:
- The elements of the company's harassment prevention policy, including any industry-specific requirements.
- The relationship between illegal discrimination and harassment, as well as the legal definitions of workplace harassment and violence.
- How to recognize and identify different forms of harassment, including sexual harassment, and the potential risk factors that contribute to it.
- Skills to prevent and respond to workplace harassment, including bystander intervention and reporting procedures.
- The process for escalating misconduct reports and the recourse mechanisms available for employees who experience harassment.
- Confidentiality procedures regarding the investigation and resolution of harassment complaints.
- The role of health and safety committees and representatives in addressing workplace harassment and violence.
By providing comprehensive training that addresses these topics, employers can effectively prevent and address workplace harassment, creating a safer and healthier environment for their employees.
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Harassment and discrimination
In Canada, workplace harassment and discrimination are generally prohibited, and employers have an obligation to ensure a safe, healthy, and violence-free environment for employees. The previous legal framework was criticised for not adequately addressing sexual harassment and violence. In 2017, the Government of Canada introduced Bill C-65, which amended the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Budget Implementation Act, 2017, No. 1. The Act received Royal Assent in October 2018 and introduced amendments to strengthen the framework for harassment and violence prevention, including sexual harassment and violence in federally regulated workplaces. These regulations came into force on January 1, 2021.
According to Part II of the Canada Labour Code, "harassment and violence" refers to:
> any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.
This includes sexual harassment, sexual violence, and domestic violence. Abusing authority by interfering with a subordinate's performance or job opportunities, or soliciting a sexual or romantic relationship from a subordinate, are also forms of harassment.
To prevent workplace harassment and violence, employers are required to develop a workplace harassment and violence prevention policy. This policy should include the employer's commitment to preventing and protecting employees against harassment and violence, describe the roles and risk factors of workplace parties in relation to harassment and violence, list the training provided about workplace harassment and violence, outline the resolution process for employees, and include emergency procedures. Employers should also keep records of every occurrence of harassment and violence in the workplace and report annually to the Labour Program.
In addition to federal laws, Canadian provinces have their own laws related to the prevention of harassment and violence in the workplace. For example, Ontario addresses workplace harassment under its Occupational Health and Safety Act and Human Rights Code, while Alberta, British Columbia, New Brunswick, and Newfoundland and Labrador have similar legislation. Quebec requires harassment prevention training content to be available in French, while Nova Scotia only recommends such training.
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Risk assessment and prevention policy
In Canada, laws are created at both the federal and provincial levels of government, with employers falling under either federal or provincial/territorial laws, depending on the industry. Federal laws apply to approximately 10% of Canada's workers and include sectors such as government, banking, broadcasting, telecommunications, aviation, rail, shipping, and trucking.
The Canada Labour Code defines workplace harassment as "any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee." This includes sexual harassment, sexual violence, and domestic violence, as well as abusing authority by interfering with a subordinate's performance or soliciting a sexual or romantic relationship.
To comply with federal regulations, employers must develop a workplace harassment and violence prevention policy in consultation with the relevant committees or health and safety representatives. This policy should include:
- The employer's commitment to prevent and protect employees against harassment and violence
- The roles and responsibilities of workplace parties in relation to harassment and violence
- Risk factors that contribute to workplace harassment and violence
- Training provided about workplace harassment and violence, including how to recognize, prevent, and respond to it
- The resolution process for employees who witness or experience workplace harassment or violence
- Procedures for emergency situations that pose an immediate danger to employees' health and safety
- The process for reviewing and updating the workplace assessment
- The person designated to receive complaints related to the employer's non-compliance with the Code or Regulations
Additionally, employers must conduct a workplace risk assessment to identify the potential for harassment and violence in their specific context. This involves consulting with the health and safety representative or relevant committees, depending on the size of the organization. Records of all occurrences of harassment and violence must be kept, and an annual report must be submitted to the Labour Program.
Beyond federal regulations, several Canadian provinces have their own laws and training mandates regarding harassment prevention. For example, Ontario addresses workplace harassment under its Occupational Health and Safety Act and Human Rights Code, while Alberta, British Columbia, New Brunswick, and Newfoundland and Labrador have similar legislation. In Quebec, harassment prevention training must be offered in French, while Nova Scotia recommends but does not require such training.
Overall, organizations in Canada should ensure they understand the laws and industry-specific requirements that apply to their workplace and incorporate regular training and communication about expectations as part of a comprehensive approach to preventing workplace harassment.
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Provincial laws
In Canada, laws are created at both the federal and provincial levels. While federal laws apply to federally regulated industries, including government, banking, broadcasting, and telecommunications, employers in Canada fall under either federal or provincial/territorial laws, depending on the industry they're in.
Alberta, British Columbia, New Brunswick, and Newfoundland and Labrador have similar legislation to Ontario. In Quebec, harassment prevention training content must be available in French, while Nova Scotia is the only province where such training is recommended but not required.
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Frequently asked questions
Workplace harassment in Canada includes any action, conduct or comment that can reasonably be expected to cause offence, humiliation or other physical or psychological injury to an employee. This includes sexual harassment, sexual violence, and domestic violence.
Canada's workplace harassment prevention laws are created at both the federal and provincial levels of government. The laws require employers to assess the risk of and develop a policy to prevent workplace harassment and violence. This includes training employees to recognise, prevent and respond to workplace harassment.
Employers should conduct a workplace risk assessment and keep records of every occurrence of harassment and violence in the workplace. They should also report annually to the Labour Program. Additionally, they should inform employees of the resolution process to be followed if they experience or witness workplace harassment.
Employees have the right to refuse work if they believe that workplace violence is likely to endanger them. They should also be informed of how the employer will investigate and deal with incidents or complaints of workplace harassment and be provided with the results of the investigation.
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