Canada Labour Code (R.S.C., 1985, c. L-2)

Act current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

Division XV.1Sexual Harassment

Definition of “sexual harassment”

 In this Division, “sexual harassment” means any conduct, comment, gesture or contact of a sexual nature

  • (a) that is likely to cause offence or humiliation to any employee; or

  • (b) that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

  • R.S., 1985, c. 9 (1st Supp.), s. 17.
Marginal note:Right of employee

 Every employee is entitled to employment free of sexual harassment.

  • R.S., 1985, c. 9 (1st Supp.), s. 17.
Marginal note:Responsibility of employer

 Every employer shall make every reasonable effort to ensure that no employee is subjected to sexual harassment.

  • R.S., 1985, c. 9 (1st Supp.), s. 17.
Marginal note:Policy statement by employer
  •  (1) Every employer shall, after consulting with the employees or their representatives, if any, issue a policy statement concerning sexual harassment.

  • Marginal note:Contents of policy statement

    (2) The policy statement required by subsection (1) may contain any term consistent with the tenor of this Division the employer considers appropriate but must contain the following:

    • (a) a definition of sexual harassment that is substantially the same as the definition in section 247.1;

    • (b) a statement to the effect that every employee is entitled to employment free of sexual harassment;

    • (c) a statement to the effect that the employer will make every reasonable effort to ensure that no employee is subjected to sexual harassment;

    • (d) a statement to the effect that the employer will take such disciplinary measures as the employer deems appropriate against any person under the employer’s direction who subjects any employee to sexual harassment;

    • (e) a statement explaining how complaints of sexual harassment may be brought to the attention of the employer;

    • (f) a statement to the effect that the employer will not disclose the name of a complainant or the circumstances related to the complaint to any person except where disclosure is necessary for the purposes of investigating the complaint or taking disciplinary measures in relation thereto; and

    • (g) a statement informing employees of the discriminatory practices provisions of the Canadian Human Rights Act that pertain to rights of persons to seek redress under that Act in respect of sexual harassment.

  • Marginal note:Publicity

    (3) Every employer shall make each person under the employer’s direction aware of the policy statement required by subsection (1).

  • R.S., 1985, c. 9 (1st Supp.), s. 17.