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

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.

Response to Notice of an Occurrence

Marginal note:Contact with principal party

20 An employer or designated recipient must, within seven days after the day on which notice of an occurrence is provided, contact the principal party to inform them

• (a) that their notice has been received or that they have been named or identified as the principal party in notice provided by a witness, as the case may be;

• (b) of the manner in which the work place harassment and violence prevention policy is accessed;

• (c) of each step of the resolution process; and

• (d) that they may be represented during the resolution process.

Marginal note:Contact with witness

21 If notice of an occurrence is provided by a witness who is not anonymous, an employer or designated recipient must, within seven days after the day on which the notice is provided, contact the witness to confirm that notice was received.

Marginal note:Contact with responding party

22 On the first occasion that an employer or designated recipient contacts the responding party regarding the occurrence, they must inform them

• (a) that they have been named or identified as the responding party in the notice of an occurrence;

• (b) of the manner in which the work place harassment and violence prevention policy is accessed;

• (c) of each step of the resolution process; and

• (d) that they may be represented during the resolution process.

Negotiated Resolution

Marginal note:Reasonable effort

• 23 (1) An employer or designated recipient, the principal party and, if contacted under section 22, the responding party, must make every reasonable effort to resolve an occurrence for which notice is provided under subsection 15(1) and those efforts must begin no later than 45 days after the day on which that notice is provided. However, if the occurrence is also investigated, it cannot be resolved under this section after the investigator has provided their report under subsection 30(1).

• Marginal note:Review required

  (2) For the purposes of subsection (1), the reasonable effort includes a review by the principal party and the employer or designated recipient to determine whether the notice of occurrence provided under subsection 15(1) describes an action, conduct or comment that constitutes harassment and violence as defined in subsection 122(1) of the Act.

• Marginal note:Joint determination — harassment and violence

  (3) For the purpose of subsection (1), resolution of the occurrence includes, but is not limited to, a joint determination by the principal party and the employer or designated recipient that the notice of occurrence provided under subsection 15(1) does not describe an action, conduct or comment that constitutes harassment and violence as defined in subsection 122(1) of the Act.

Conciliation

Marginal note:Conditions

24 The principal party and the responding party may attempt to resolve an occurrence for which notice is provided under subsection 15(1) by conciliation if they agree to conciliation and on a person to facilitate it. However, if the occurrence is also investigated, it cannot be resolved by conciliation after the investigator has provided their report under subsection 30(1).

Investigation

Marginal note:When investigation is required

• 25 (1) Subject to subsection (2), if an occurrence is not resolved under section 23 or 24, an investigation of the occurrence must be carried out if the principal party requests it.

• Marginal note:Investigation discontinued

  (2) If the occurrence being investigated is resolved under section 23 or 24 before the investigator has provided their report under subsection 30(1), the investigation must be discontinued.

Marginal note:Notice of investigation

26 An employer or the designated recipient must provide the principal party and the responding party with notice that an investigation is to be carried out.

Marginal note:Selection of investigator

• 27 (1) Subject to subsection (2), an employer or designated recipient must select one of the following persons to act as the investigator:

  • (a) in the case where the employer and the applicable partner have jointly developed or identified a list of persons who may act as an investigator, a person from that list; and

  • (b) in any other case,

    • (i) a person that is agreed to by the employer or designated recipient, the principal party and the responding party, or

    • (ii) if there is no agreement within 60 days after the day on which the notice is provided under section 26, a person from among those whom the Canadian Centre for Occupational Health and Safety identifies as having the knowledge, training and experience referred to in subsection 28(1).

• Marginal note:Limit

  (2) An employer or designated recipient may select a person to act as the investigator only if the person

  • (a) possesses the knowledge, training and experience referred to in subsection 28(1); and

  • (b) provides the employer or designated recipient, principal party and responding party with a written statement indicating that the person is not in a conflict of interest in respect of the occurrence.

Marginal note:Investigator’s qualifications

• 28 (1) For the purposes of these Regulations, an investigator must

  • (a) be trained in investigative techniques;

  • (b) have knowledge, training and experience that are relevant to harassment and violence in the work place; and

  • (c) have knowledge of the Act, the Canadian Human Rights Act and any other legislation that is relevant to harassment and violence in the work place.

• Marginal note:Statement of qualifications

  (2) A person or party referred to in subparagraph 27(1)(b)(i) who proposes that a person act as the investigator must provide the other persons and parties referred to in that subparagraph with the following information about the proposed investigator:

  • (a) their name;

  • (b) if they are an employee of the employer, their job title and the name of their immediate supervisor;

  • (c) a description of their knowledge, training and experience demonstrating that they meet the requirements of subsection (1); and

  • (d) a description of any experience that they have which is relevant to the nature of the occurrence that is to be investigated.

Marginal note:Information for investigator

29 An employer or the designated recipient must provide the investigator with all information that is relevant to the investigation.

Marginal note:Investigator’s report

• 30 (1) An investigator’s report regarding an occurrence must set out the following information:

  • (a) a general description of the occurrence;

  • (b) their conclusions, including those related to the circumstances in the work place that contributed to the occurrence; and

  • (c) their recommendations to eliminate or minimize the risk of a similar occurrence.

• Marginal note:Identity of persons

  (2) An investigator’s report must not reveal, directly or indirectly, the identity of persons who are involved in an occurrence or the resolution process for an occurrence under these Regulations.

• Marginal note:Copies of report

  (3) An employer must provide a copy of the investigator’s report to the principal party, responding party, the work place committee or health and safety representative and, if they were provided with notice under subsection 15(1), the designated recipient.

Implementation of Recommendations

Marginal note:Joint determination

• 31 (1) An employer and the work place committee or the health and safety representative must jointly determine which of the recommendations set out in the report are to be implemented.

• Marginal note:Implementation

  (2) The employer must implement all recommendations that are determined under subsection (1).

Completion of Resolution Process

Marginal note:Completion of process

32 The resolution process for an occurrence is completed when

• (a) if a work place assessment is required under subsection 6(1), the review and, if necessary, update of the assessment are carried out;

• (b) the occurrence is resolved under subsection 19(2) or under section 23 or 24;

• (c) if an investigator has provided a report in accordance with subsection 30(1), the employer implements the recommendations referred to in subsection 31(2).

Marginal note:Time limit

• 33 (1) Subject to subsection (2), an employer must ensure that the resolution process is completed within one year after the day on which notice of the occurrence is provided under subsection 15(1).

• Marginal note:Temporary absence

  (2) If the principal party or responding party is temporarily absent from work for more than 90 consecutive days after the day on which notice of the occurrence is provided under subsection 15(1), the employer must ensure that the resolution process is completed within the later of

  • (a) one year after the day on which notice of the occurrence is provided under subsection 15(1), and

  • (b) six months after the day on which the party returns to work.