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

Regulations are current to 2020-10-21

Resolution Process (continued)

Notice of an Occurrence (continued)

Implementation of Recommendations

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Marginal note:Joint determination

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     (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.

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    Marginal note:Implementation

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

Completion of Resolution Process

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Marginal note:Completion of process

 The resolution process for an occurrence is completed when

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

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

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    (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).

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Marginal note:Time limit

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     (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).

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    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

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

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

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Marginal note:Monthly status updates

 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

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    (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

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    (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

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Marginal note:Records to be kept

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

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

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

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

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      (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;

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

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      (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;

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

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      (h) a copy of each annual report; and

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

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    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 Minister

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Marginal note:Content

 On or before March 1 of each year, an employer must provide the Minister with an annual report that sets out

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    (a) their name or business name;

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

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

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    (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

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Marginal note:Time period

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     (1) If an occurrence results in the death of an employee, an employer must report the occurrence to the Minister within 24 hours after becoming aware of the employee’s death.

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    Marginal note:Content

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

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

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

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      (c) a general description of the occurrence;

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

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

 
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