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

Marginal note:Monthly status updates

34 For every occurrence for which notice is provided under subsection 15(1), an employer or designated recipient must provide monthly updates regarding the status of the resolution process to

• (a) the principal party, beginning on the first month after the month in which the notice is provided and ending on the month in which the resolution process is completed; and

• (b) the responding party, beginning on the first month after the month in which the responding party is first contacted by the employer or designated recipient concerning the occurrence and ending on the month in which the resolution process is completed.

Records and Reports

Health and Safety Records

Marginal note:Records to be kept

• 35 (1) An employer must keep the following health and safety records:

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

  • (b) a copy of the documents that form part of the work place assessment;

  • (c) a copy of the documents that form part of each review and update of the work place assessment;

  • (d) for each instance where the employer and the policy committee, the work place committee or the health and safety representative are unable to agree on a matter that is required by these Regulations to be jointly done by them, a record of the employer’s decision in that matter and the reasons for that decision;

  • (e) a record of each notice provided under subsection 15(1) and of each action taken in response to the notice;

  • (f) for each instance where a time limit set out in section 33 is not met, a document that sets out the reason for the delay;

  • (g) a copy of each report that is prepared by an investigator under subsection 30(1);

  • (h) a copy of each annual report; and

  • (i) a copy of each fatality report provided under subsection 37(1).

• Marginal note:Time period

  (2) An employer must keep the records referred to in paragraphs (1)(c) to (i) for a period of 10 years.

Annual Report to Head of Compliance and Enforcement

Marginal note:Content

36 On or before March 1 of each year, an employer must provide the Head of Compliance and Enforcement with an annual report that sets out

• (a) their name or business name;

• (b) their business number, as defined in subsection 248(1) of the Income Tax Act;

• (c) the name of a person who can be contacted in respect of the report; and

• (d) the following information respecting the occurrences for which notice was provided under subsection 15(1) in the preceding calendar year:

  • (i) the total number of occurrences,

  • (ii) the number of occurrences that were related, respectively, to sexual harassment and violence and non-sexual harassment and violence,

  • (iii) the number of occurrences that resulted in the death of an employee,

  • (iv) if known, the number of occurrences that fell under each prohibited ground of discrimination set out in subsection 3(1) of the Canadian Human Rights Act,

  • (v) the locations where the occurrences took place, specifying the total number of occurrences that took place in each location,

  • (vi) the types of professional relationships that existed between the principal and responding parties, specifying the total number for each type,

  • (vii) the means set out in section 32 by which resolution processes were completed and, for each of those means, the number of occurrences involved, and

  • (viii) the average time, expressed in months, that it took to complete the resolution process for an occurrence.

Fatality Report

Marginal note:Time period

• 37 (1) If an occurrence results in the death of an employee, an employer must report the occurrence to the Head of Compliance and Enforcement within 24 hours after becoming aware of the employee’s death.

• Marginal note:Content

  (2) The report must set out the following information:

  • (a) the employer’s name or business name;

  • (b) the employer’s business number, as defined in subsection 248(1) of the Income Tax Act;

  • (c) a general description of the occurrence;

  • (d) the date and time of the occurrence; and

  • (e) the name of a person who can be contacted in respect of the report.

Consequential Amendments

Canada Labour Standards Regulations

38 [Amendments]

Canada Occupational Health and Safety Regulations

Amendments

39 [Amendments]

40 [Amendments]

41 [Amendments]

Transitional Provision

42 Sections 20.1, 20.2 and 20.9 of the Canada Occupational Health and Safety Regulations, as they read immediately before the day on which the Work Place Harassment and Violence Prevention Regulations come into force, continue to apply to all “work place violence”, as described in section 20.2 of the Canada Occupational Health and Safety Regulations and alleged work place violence, of which the employer becomes aware before the day on which the Work Place Harassment and Violence Prevention Regulations come into force.

On Board Trains Occupational Health and Safety Regulations

43 [Amendments]

44 [Amendments]

45 [Amendments]

Oil and Gas Occupational Safety and Health Regulations

46 [Amendments]

47 [Amendments]

Coal Mining Occupational Health and Safety Regulations

48 [Amendments]

Maritime Occupational Health and Safety Regulations

Amendments

49 [Amendments]

50 [Amendments]

51 [Amendments]

52 [Amendments]

Transitional Provision

53 Sections 90, 96 and 103 of the Maritime Occupational Health and Safety Regulations, as they read immediately before the day on which the Work Place Harassment and Violence Prevention Regulations come into force, continue to apply to all work place violence, as defined in section 90 of Maritime Occupational Health and Safety Regulations, and alleged work place violence of which the employer becomes aware before the day on which Work Place Harassment and Violence Prevention Regulations come into force.

Aviation Occupational Health and Safety Regulations

54 [Amendments]

Coming into Force

Marginal note:S.C. 2018, c. 22

Footnote ^*55 These Regulations come into force on the day on which sections 0.1 to 16 and 18 of An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, chapter 22 of the Statutes of Canada, 2018, come into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force January 1, 2021, see SI/2020-45.]