Workplace Harassment Prevention In Canada. Your Legal Obligations
Canadian workplace harassment legislation is more prescriptive than most U.S. employers are used to.
Every province and territory requires employers to have policies and procedures in place to address workplace harassment. Some provinces mandate specific training. Investigation obligations are detailed.
The consequences of non-compliance such as ministry orders, fines, and civil liability are very real.
What Canadian Law Requires
- Ontario – The Occupational Health and Safety Act (OHSA) requires every employer to have written workplace harassment and workplace violence policies, a programme to implement those policies, and a process for reporting and investigating complaints. Workers must be informed of the policies. The policy must be posted in a conspicuous place or made available electronically, and reviewed at least annually.
- British Columbia – WorkSafeBC regulations require employers to develop and implement policies and procedures for preventing workplace bullying and harassment, and to train workers and supervisors on recognising and responding to it.
- Québec – The Labour Standards Act requires employers to adopt a prevention and complaint processing policy on psychological harassment, and to make it available to employees. The definition of psychological harassment in Québec is broad and includes repeated vexatious conduct, including verbal, physical or psychological conduct, and in some cases a single serious incident.
- Federal Jurisdiction – The Canada Labour Code requires federally regulated employers to have comprehensive workplace harassment and violence prevention policies, including mandatory training and formal investigation processes.
What This Means For International Employers
If you are hiring Canadian employees through an EOR, applicable harassment-prevention obligations still need to be met based on the employee’s jurisdiction. Your Canadian employees are entitled to the same protections as any other Canadian worker. This means:
- A written harassment prevention policy that meets the requirements of the employee’s province.
- A clear reporting mechanism that employees can access.
- An investigation process that is prompt, confidential, and thorough.
- Training where mandated by provincial legislation.
- Documentation and record keeping that meets regulatory standards.
How Bridgewater TI Can Help
We provide both jurisdiction / territory and province-specific HR policies as part of our EOR service, including workplace harassment prevention policies that meet the requirements of the applicable legislation. When a complaint arises, we guide you through the investigation and response process.
For complex situations, we connect you with our network of Canadian employment lawyers.
Need Compliant Harassment Prevention Policies?
Book a call. We’ll make sure your Canadian employment meets every provincial requirement.