Work Place Harassment and Violence Prevention Regulations (SOR/2020-130)

General

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means Part II of the Canada Labour Code. (Loi)

  designated recipient

  designated recipient means a work unit in a work place or person that is designated by an employer under section 14. (destinataire désigné)

  occurrence

  occurrence means an occurrence of harassment and violence in the work place. (incident)

  principal party

  principal party means an employee or employer who is the object of an occurrence. (partie principale)

  responding party

  responding party means the person who is alleged to have been responsible for the occurrence in notice of an occurrence provided under subsection 15(1). (partie intimée)

  witness

  witness means a person who witnessed an occurrence or is informed of an occurrence by the principal party or responding party. (témoin)

• Marginal note:Applicable Partner

  (2) In these Regulations, a reference to the “applicable partner” is to be read as a reference to the policy committee or, if there is no policy committee, as a reference to the work place committee or the health and safety representative.

Joint Matters

Marginal note:When unable to agree

2 If an employer and the policy committee, the work place committee or the health and safety representative are unable to agree on any matter that is required by these Regulations to be done jointly by them, the employer’s decision prevails.

Former Employees

Marginal note:Prescribed circumstances — extension

3 The Head of Compliance and Enforcement may extend the time period referred to in subsection 125(4) of the Act if a former employee demonstrates in an application to the Head of Compliance and Enforcement that they were unable to make the occurrence known to the employer within the time period because they incurred trauma as a result of the occurrence or because of a health condition.

Marginal note:Time period to make complaint

4 For the purpose of subsection 127.1(12) of the Act, a former employee may make a complaint under subsection 127.1(1) of the Act until the day that is the later of

• (a) three months after the day on which the former employee ceases to be employed by the employer, and

• (b) if notice of the occurrence was provided under subsection 15(1), three months after the day on which the resolution process is completed in respect of the occurrence.

Prevention and Protection Measures

Work Place Assessment

Marginal note:Joint assessment

• 5 (1) An employer and the applicable partner must jointly carry out a work place assessment that consists of the identification of risk factors under section 8 and the development and implementation of preventive measures under section 9.

• Marginal note:Joint monitoring and updates

  (2) An employer and the applicable partner must jointly monitor the accuracy of the work place assessment and, if necessary, update it in order to reflect a change to the information set out in the assessment, including

  • (a) a change to the risk factors identified under section 8; and

  • (b) a change that compromises the effectiveness of a preventive measure developed and implemented under section 9.

• Marginal note:Review after three years

  (3) An employer and the applicable partner must jointly review the work place assessment every three years and, if necessary, update it.

Marginal note:Joint review and update

• 6 (1) An employer and the work place committee or the health and safety representative must jointly review and, if necessary, update the work place assessment if notice of an occurrence is provided under subsection 15(1) and

  • (a) the occurrence is not resolved under section 23 and the principal party ends the resolution process under section 18; or

  • (b) the responding party is not an employee or the employer.

• Marginal note:Review to consider circumstances

  (2) A review conducted under subsection (1) must take into account the circumstances of the occurrence.

• Marginal note:Multiple occurrences

  (3) If a review and update are being conducted under subsection (1) and notice is provided under subsection 15(1) of another occurrence that involves substantially the same matters and for which a review and update are also required under subsection (1), those occurrences may be addressed together in the same review and update.

Marginal note:Qualifications

7 An employer must ensure that each individual who is directed by the employer to identify the risk factors referred to in section 8, or to develop and implement the preventive measures referred to in section 9, is qualified to do so by virtue of their training, education or experience.

Marginal note:Identification of risk factors

8 An employer and the applicable partner must jointly identify the risk factors, internal and external to the work place, that contribute to harassment and violence in the work place, taking into account

• (a) the culture, conditions, activities and organizational structure of the work place;

• (b) circumstances external to the work place, such as family violence, that could give rise to harassment and violence in the work place;

• (c) any reports, records and data that are related to harassment and violence in the work place;

• (d) the physical design of the work place; and

• (e) the measures that are in place to protect psychological health and safety in the work place.

Marginal note:Preventive measures — development and implementation

9 Within six months after the risk factors are identified under section 8, an employer and the applicable partner must jointly

• (a) develop preventive measures that, to the extent feasible,

  • (i) mitigate the risk of harassment and violence in the work place, and

  • (ii) neither create nor increase the risk of harassment and violence in the work place;

• (b) develop an implementation plan for the preventive measures; and

• (c) implement the preventive measures in accordance with the implementation plan.

Work Place Harassment and Violence Prevention Policy

Marginal note:Joint development

• 10 (1) An employer and the applicable partner must jointly develop a work place harassment and violence prevention policy.

• Marginal note:Policy content

  (2) The policy must contain the following elements:

  • (a) the employer’s mission statement regarding the prevention of and protection against harassment and violence in the work place;

  • (b) a description of the respective roles of the employer, designated recipient, employees, policy committee, work place committee and health and safety representative in relation to harassment and violence in the work place;

  • (c) a description of the risk factors, internal and external to the work place, that contribute to work place harassment and violence;

  • (d) a summary of the training that will be provided regarding work place harassment and violence;

  • (e) a summary of the resolution process, including

    • (i) the name or identity of the designated recipient, and

    • (ii) the manner in which a principal party or witness may provide the employer or the designated recipient with notice of an occurrence;

  • (f) the reasons for which a review and update of the work place assessment must be conducted under subsection 6(1);

  • (g) a summary of the emergency procedures that must be implemented when an occurrence poses an immediate danger to the health and safety of an employee or when there is a threat of such an occurrence;

  • (h) a description of the manner in which the employer will protect the privacy of persons who are involved in an occurrence or in the resolution process for an occurrence under these Regulations;

  • (i) a description of any recourse, in addition to any under the Act or these Regulations, that may be available to persons who are involved in an occurrence;

  • (j) a description of the support measures that are available to employees; and

  • (k) the name of the person who is designated to receive a complaint made under subsection 127.1(1) of the Act.

• Marginal note:Policy to be made available

  (3) An employer must make the policy available to all employees.

• Marginal note:Joint review and update

  (4) An employer and the applicable partner must jointly review and, if necessary, update the policy at least once every three years and following any change to an element of the policy.

Emergency Procedures

Marginal note:Joint development and implementation

• 11 (1) An employer and the applicable partner must jointly develop emergency procedures that are to be implemented if

  • (a) an occurrence poses an immediate danger to the health and safety of an employee; or

  • (b) there is a threat of an occurrence referred to in paragraph (a).

• Marginal note:Procedures available

  (2) An employer must make the emergency procedures available to all employees.

• Marginal note:Joint review and update

  (3) After every implementation of the emergency procedures under subsection (1), an employer and the applicable partner must jointly review and, if necessary, update the procedures.

Training

Marginal note:Joint development or identification

• 12 (1) An employer and the applicable partner must jointly develop or identify the training on work place harassment and violence that is to be provided to employees, the employer and the designated recipient.

• Marginal note:Required training elements

  (2) The training must be specific to the culture, conditions and activities of the work place and include the following elements:

  • (a) the elements of the work place harassment and violence prevention policy;

  • (b) a description of the relationship between work place harassment and violence and the prohibited grounds of discrimination set out in subsection 3(1) of the Canadian Human Rights Act; and

  • (c) a description of how to recognize, minimize, prevent and respond to work place harassment and violence.

• Marginal note:Joint review and update

  (3) An employer and the applicable partner must jointly review and, if necessary, update the training at least once every three years and following any change to an element of the training.

• Marginal note:Employee

  (4) An employer must ensure that an employee is provided with the training

  • (a) within three months after the day on which their employment begins or, in the case of an employee whose employment began before the day on which these Regulations come into force, within one year after the day on which these Regulations come into force;

  • (b) at least once every three years after that; and

  • (c) following any update to the training under subsection (3) or their assignment to a new activity or role for which there is an increased or specific risk of work place harassment and violence.

• Marginal note:Designated recipient

  (5) An employer must ensure that the designated recipient is provided with the training before assuming their duties under these Regulations and at least once every three years after that.

• Marginal note:Employer

  (6) An employer must undergo the training within one year after the day on which these Regulations come into force and at least once every three years after that.

Support Measures

Marginal note:Information available to employees

13 An employer must make available to employees information respecting the medical, psychological or other support services that are available within their geographical area.

Resolution Process

Notice of an Occurrence

Marginal note:Designated recipient

14 An employer must designate a person or work unit as the designated recipient to whom notice of an occurrence may be provided.

Marginal note:Providing notice

• 15 (1) Subject to subsections (2) and (3), a principal party or witness may, in writing or orally, provide an employer or the designated recipient with notice of an occurrence.

• Marginal note:Exception

  (2) Notice must not be provided in respect of an occurrence if

  • (a) the responding party is neither the employer nor an employee;

  • (b) exposure to harassment and violence is a normal condition of the principal party’s work; and

  • (c) the employer has measures in place to address that work place harassment and violence.

• Marginal note:Employer is a party

  (3) If the principal party or the responding party is the employer, the notice must be provided to the designated recipient.

• Marginal note:Anonymous notice

  (4) A witness may provide notice of an occurrence anonymously.

Marginal note:Content of notice

16 Notice of an occurrence must contain the following information:

• (a) the name of the principal party and the responding party, if known;

• (b) the date of the occurrence; and

• (c) a detailed description of the occurrence.

Marginal note:Employer or designated recipient

17 For the purposes of sections 18 to 23, 26, 27, 29 and 34, a reference to “employer or designated recipient” is a reference to the one to whom notice of the occurrence was provided under subsection 15(1).

Marginal note:Principal party’s choices

18 The principal party may end the resolution process at any time by informing an employer or designated recipient that they choose not to continue with the process.

Marginal note:Initial review

• 19 (1) An employer or designated recipient must conduct an initial review of every notice of an occurrence.

• Marginal note:Occurrence deemed to be resolved

  (2) Following the initial review, the occurrence is deemed to be resolved if the notice does not contain the name of the principal party or otherwise allow their identity to be determined.