Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2020-10-05

Work Place Harassment and Violence Prevention Regulations

SOR/2020-130

CANADA LABOUR CODE

Registration 2020-06-17

Work Place Harassment and Violence Prevention Regulations

P.C. 2020-456 2020-06-17

Whereas, pursuant to subsection 157(3)Footnote a of the Canada Labour CodeFootnote b, regulations of the Governor in Council under subsection 157(1)Footnote c of that Act are to be made in respect of occupational safety and health of employees employed on ships, trains or aircraft, while in operation, on the recommendation of the Minister of Labour and the Minister of Transport and are to be made in respect of occupational safety and health of employees employed on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas in “frontier lands”, as defined in the Canada Petroleum Resources ActFootnote d, on the recommendation of the Minister of Labour, the Minister of Indigenous Services and the Minister of Natural Resources, the latter taking into consideration any recommendations made by the Canadian Energy Regulator in relation to the regulations;

And whereas the Canadian Energy Regulator has not made any recommendation in relation to the annexed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, the Minister of Transport, the Minister of Indigenous Services and the Minister of Natural Resources, pursuant to subsections 125(3)Footnote e and 157(1)Footnote c of the Canada Labour CodeFootnote b, makes the annexed Work Place Harassment and Violence Prevention Regulations.

General

Interpretation

The following provision is not in force.

Marginal note:Definitions

  • The following provision is not in force.

     (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)

  • The following provision is not in force.

    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

The following provision is not in force.

Marginal note:When unable to agree

 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

The following provision is not in force.

Marginal note:Prescribed circumstances — extension

 The Minister may extend the time period referred to in subsection 125(4) of the Act if a former employee demonstrates in an application to the Minister 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.

The following provision is not in force.

Marginal note:Time period to make complaint

 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

  • The following provision is not in force.

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

  • The following provision is not in force.

    (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

The following provision is not in force.

Marginal note:Joint assessment

  • The following provision is not in force.

     (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.

  • The following provision is not in force.

    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

    • The following provision is not in force.

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

    • The following provision is not in force.

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

  • The following provision is not in force.

    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.

The following provision is not in force.

Marginal note:Joint review and update

  • The following provision is not in force.

     (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

    • The following provision is not in force.

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

    • The following provision is not in force.

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

  • The following provision is not in force.

    Marginal note:Review to consider circumstances

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

  • The following provision is not in force.

    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.

The following provision is not in force.

Marginal note:Qualifications

 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.

The following provision is not in force.

Marginal note:Identification of risk factors

 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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

The following provision is not in force.

Marginal note:Preventive measures — development and implementation

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

  • The following provision is not in force.

    (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;

  • The following provision is not in force.

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

  • The following provision is not in force.

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

Work Place Harassment and Violence Prevention Policy

The following provision is not in force.

Marginal note:Joint development

  • The following provision is not in force.

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

  • The following provision is not in force.

    Marginal note:Policy content

    (2) The policy must contain the following elements:

    • The following provision is not in force.

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

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

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

    • The following provision is not in force.

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

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

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

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

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

    • The following provision is not in force.

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

  • The following provision is not in force.

    Marginal note:Policy to be made available

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

  • The following provision is not in force.

    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.

 
Date modified: