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 2020-10-21

Emergency Procedures

The following provision is not in force.

Marginal note:Joint development and implementation

  • The following provision is not in force.

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

    • The following provision is not in force.

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

    • The following provision is not in force.

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

  • The following provision is not in force.

    Marginal note:Procedures available

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

  • The following provision is not in force.

    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

The following provision is not in force.

Marginal note:Joint development or identification

  • The following provision is not in force.

     (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.

  • The following provision is not in force.

    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:

    • The following provision is not in force.

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

    • The following provision is not in force.

      (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

    • The following provision is not in force.

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

  • The following provision is not in force.

    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.

  • The following provision is not in force.

    Marginal note:Employee

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

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

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

    • The following provision is not in force.

      (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.

  • The following provision is not in force.

    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.

  • The following provision is not in force.

    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

The following provision is not in force.

Marginal note:Information available to employees

 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

The following provision is not in force.

Marginal note:Designated recipient

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

The following provision is not in force.

Marginal note:Providing notice

  • The following provision is not in force.

     (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.

  • The following provision is not in force.

    Marginal note:Exception

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

    • The following provision is not in force.

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

    • The following provision is not in force.

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

    • The following provision is not in force.

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

  • The following provision is not in force.

    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.

  • The following provision is not in force.

    Marginal note:Anonymous notice

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

The following provision is not in force.

Marginal note:Content of notice

 Notice of an occurrence must contain the following information:

  • The following provision is not in force.

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

  • The following provision is not in force.

    (b) the date of the occurrence; and

  • The following provision is not in force.

    (c) a detailed description of the occurrence.

The following provision is not in force.

Marginal note:Employer or designated recipient

 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).

The following provision is not in force.

Marginal note:Principal party’s choices

 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.

The following provision is not in force.

Marginal note:Initial review

  • The following provision is not in force.

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

  • The following provision is not in force.

    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

The following provision is not in force.

Marginal note:Contact with principal party

 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

  • The following provision is not in force.

    (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;

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

 
Date modified: