Workplace Harassment and Violence Regulations

Summary#

The final Work Place Harassment and Violence Prevention Regulations (SOR/2020-130) set out new prevention, response and reporting rules for harassment and violence in federally regulated workplaces. They were registered on June 17, 2020 and published in the Canada Gazette on June 24, 2020; they come into force on the day the relevant parts of Bill C‑65 come into force (or on registration if that is later).

What it does#

• Applies to workplaces covered by Part II of the Canada Labour Code (federally regulated private sector, the federal public service and parliamentary workplaces).
• Requires employers to jointly identify risk factors and carry out a workplace assessment, then develop and implement preventive measures.
• Requires a written workplace harassment and violence prevention policy that must be made available to all employees.
• Requires emergency procedures for immediate-danger situations and a set of training rules:
  • Employees must get required training within 3 months of starting (current employees must be trained within one year after the regulations come into force).
  • Training must be provided at least once every three years thereafter.
• Sets a formal resolution process for reported occurrences:
  • Employers must designate a “designated recipient” to receive notices.
  • Notices can be given by the person affected or by a witness (witnesses may be anonymous).
  • Employer must contact the principal party or witness within 7 days of receiving notice.
  • Negotiated resolution efforts must begin no later than 45 days after notice.
  • The resolution process must be completed within one year (with limited extensions if a party is absent).
  • Employers must give monthly status updates to the parties while the process is ongoing.
• If requested, an investigation must be carried out by a qualified investigator. Investigator reports must not identify involved people. Employers and committees must jointly decide which investigator recommendations to implement; the employer must implement those decided upon.
• Record-keeping and reporting:
  • Employers must keep many records (policy, assessment documents, notices, investigator reports, annual reports, fatality reports) for 10 years.
  • Employers must send an annual aggregated report to the Minister and must report any occurrence that results in an employee’s death within 24 hours.
• Replaces and consolidates parts of the Canada Occupational Health and Safety Regulations and similar provisions in sector-specific regs.
• The government estimated the regulations will cost employers about $587 million over 10 years and affect roughly 19,000 employers and 1,200,000 employees.

Who's affected#

• Most directly: federally regulated employers and their employees — for example, workplaces in banking, transportation (rail, air, marine), telecommunications, oil and gas, and federal institutions such as Parliament.
• Small federally regulated businesses are included (the analysis counted about 17,695 small businesses in scope).
• Vulnerable or higher‑risk groups identified in the background analysis who may see particular benefits include women, Indigenous peoples, LGBTQ2+ people and persons with disabilities.
• The rules do not apply to workplaces outside federal jurisdiction. The exact legal start date depends on when the parts of Bill C‑65 come into force.

Why it matters#

• The rules create one clear federal standard for preventing and responding to harassment and violence across all federally regulated workplaces. That makes it easier for employees to know their rights and for employers to know their duties.
• Employers must do more prevention work (assessments, policies, training), and must respond more quickly and with more communication when incidents are reported. That can change workplace culture and make it safer for people to come forward.
• Reporting requirements should improve national data on harassment and violence in federally regulated workplaces. Better data can lead to better policy and training over time.
• There will be costs for employers (projected $587 million over 10 years), but the government expects these measures to reduce incidents and produce benefits such as lower absenteeism, fewer lost‑time claims and better productivity.