Federal anti-harassment and violence legislation
In 2019 the violence and harassment provisions of the Canada Labour Code were amended to protect employees from harassment and violence in federal workplaces, including the federally regulated private sector, the federal public service and parliamentary workplaces.
Bill C-65 defines harassment and violence as any action, conduct or comment, including of a sexual nature, which can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.
The new legislation requires employers to:
- Develop a workplace violence prevention policy
- Institute mandatory training on violence and harassment
- Appoint an impartial investigator to investigate incidents of violence or harassment in the workplace
The regulations stipulate that employers and worker representatives (unions or another 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… circumstances external to the work place, such as family violence, that could give rise to harassment and violence in the work place.”
Further, employers are required to make available to employees information about support services in the area.
As part of workplace prevention and protection measures, employers and worker representatives are also required to jointly carry out workplace assessments every three years. The assessments should identify risks related to violence and harassment, such as reported previous incidents and workplace culture. They are also required to develop and implement preventative measures that eliminate or minimize these risks.
Associated Links:
Federal anti-harassment and violence legislation receives Royal Assent
Government of Canada takes strong action against harassment and sexual violence at work