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Workplace Harassment – 2023 Year in Review

FEDERAL

LAWS & ANNOUNCEMENTS

Jan 30: Canada officially ratified International Labour Organization Convention 190, the first-ever global treaty pledging to end violence and harassment in the workplace. The treaty includes recommended practices for both governments and employers. Action Point: Use the resources on the Harassment Compliance Centre to prevent harassment and bullying at your workplace

BRITISH COLUMBIA

LAWS & ANNOUNCEMENTS

Mar 9: Newly tabled Private Member Bill M-215 would impose new restrictions on the use of non-disclosure agreement to settle claims of discrimination and harassment. Several provinces have adopted similar legislation. Action Point: Use the resources on the Harassment Compliance Centre to prevent harassment and bullying at your workplace

Oct 30: That’s the deadline to comment on proposed changes to OHS workplace violence and harassment regulations. Highlights:

  • New combined definition of violence and harassment as conduct reasonably expected to intimidate, humiliate, offend or cause physical or psychological harm to a worker
  • New employer duty to implement a violence and harassment prevention program
  • New process to resolve incidents without an investigation when the accused is somebody from within the organization
  • New incident investigation requirements.

Action Point: Use the HRI template to create your own workplace harassment and violence policy

MANITOBA

LAWS & ANNOUNCEMENTS

Apr 18: Private Member Bill 215 establishing new legal limits on the use of non-disclosure agreements to settle claims of harassment and discrimination has made it past Second Reading. Action Point: Use the resources on the Harassment Compliance Centre to prevent harassment and bullying at your workplace

NEW BRUNSWICK

LAWS & ANNOUNCEMENTS

Feb 8: New Brunswick launched a new Workplace Sexual Harassment Lawyer Referral Program providing workers who believe they’ve suffered workplace harassment a free 2-hour consultation with an experienced lawyer to discuss their case. Action Point: Use the resources on the Harassment Compliance Centre to prevent harassment and bullying at your workplace

NEWFOUNDLAND & LABRADOR

LAWS & ANNOUNCEMENTS

Apr 5: As of today, 97% of municipalities (262 in total) in Newfoundland and Labrador have established a code of conduct banning bullying and harassment in the workplace. The government says it’s expecting to reach 100% compliance very soon. Action Point: Use the resources on the Harassment Compliance Centre to prevent harassment and bullying at your workplace

NOVA SCOTIA

LAWS & ANNOUNCEMENTS

Mar 28: Newly tabled Private Member Bill 278 would ban Assembly members and political party professionals who’ve been accused of sexual assault or harassment from entering into nondisclosure agreements in resolving the case. Action Point: Use the resources on the Harassment Compliance Centre to prevent harassment and bullying at your workplace

Nov 30: Nova Scotia ended online and in-person public consultations on how to improve the workers comp system and prevent harassment in the workplace. Action Point: Use the resources on the Harassment Compliance Centre to prevent harassment and bullying at your workplace

ONTARIO

LAWS & ANNOUNCEMENTS

Jun 6: Newly tabled Bill 124 would ban the use of non-disclosure agreements as part of a settlement of a workplace discrimination, harassment, sexual harassment or sexual assault claim subject to limited exceptions. The ban would also apply to non-disparagement agreements that purport to prevent victims from talking about such actions. Action Point: Use the resources on the Harassment Compliance Centre to prevent harassment and bullying at your workplace

QUÉBEC

LAWS & ANNOUNCEMENTS

May 5: The government-appointed Expert Committee published its nearly 350-page final report on preventing violence and harassment in the workplace. The Québec MOL will now read through the recommendations and decide on a strategy. Action Point: Use the HRI template to create your own workplace harassment and violence policy

Aug 15: Québec employers can now go to CNESST to get free information, sources and tools for promoting psychologically healthy and safe workplaces provided by 18 newly hired full-time psychological health counselors who will also offer support to victims of workplace harassment and assault. Action Point: Use the resources on the Harassment Compliance Centre to prevent harassment and bullying at your workplace

Sep 11: CNESST announced that the Mauricie and Nord-du-Québec regions have implemented most of the measures to support victims of workplace sexual harassment and sexual assault recommended by an expert committee report published on May 5.

Nov 23: The government tabled Bill 42 adding new workplace harassment and violence protections to the Labour Code and OHS Act. Highlights: i. Mandatory sexual violence training for psychological harassment claims arbitrators; ii. Extended deadline for sexual violence claims; iii. Ban on reprisals for reporting psychological harassment; and iv. Higher fines and punitive damages for psychological harassment. Action Point: Use the resources on the Harassment Compliance Centre to prevent harassment and bullying at your workplace