Violence and Harassment in the Workplace - Legislation

When are employers required to have a harassment and violence policy or program?

All jurisdictions specify elements required in harassment and violence prevention policies and programs. While there are variations between jurisdictions, there are many common elements such as:

Defining violence and harassment. Some definitions include bullying formally
Conducting a workplace assessment (a hazard identification and risk assessment) specific to harassment or violence
Developing and implement preventative measures
Developing a policy and program, implement the program, and corresponding procedures for reporting of an incident
Developing a reporting and resolution process, including how to report an incident or occurrence
Providing employee instruction, education, or training
Determining procedures to ensure confidentiality and privacy
Listing supports that are available (internally, externally)
Requiring record keeping
Using continual review and improvement processes to update the policy and programs
Reporting to the jurisdiction, as necessary
Including additional requirements for situations such as family (domestic) violence, or working late night hours in retail, gas stations, convenience stores, etc.

Please refer to the following OSH Answers documents for information:

The following OSH Answer documents on Working Alone also offer more information:

What are the sources of legislation regarding harassment and violence?

Below is a table for guidance purposes that lists legislation and a general summary of elements of a harassment or violence prevention policy and program.

NOTE that other requirements may be listed in other sections, regulations, Codes, or Acts that are not listed in this table. For more details, consult the legislation directly.

Always consult the legislation that applies in your situation, and with your jurisdiction for complete information.

Table 1 Main Sources of Violence or Harassment Legislation in Canada
Jurisdiction	Legislation	Elements (general summary)
Canada	Canada Labour Code, Part II Work Place Harassment and Violence Prevention Regulations	Work place assessment Work place policy Training Response and resolution process, including investigation Program review Annual report
British Columbia	Occupational Health and Safety Regulation, B.C. Reg. 296/97, Part 4, Sections 4.22 to 4.31	Risk assessment Procedures and policies Instruction of workers Additional requirements for late night retail workplaces
Alberta	Occupational Health and Safety Code, 2009 Part 27 Violence and Harassment	Violence prevention plan, policy, and procedures Harassment prevention plan, policy and procedures Response and investigation Includes domestic violence Program review Training Additional requirements for workplaces such as gas stations, other retail fuelling outlets and convenience stores
Saskatchewan	Saskatchewan Employment Act, S.S. 2013, c. S-15.1 Section 3-21, Duty re policy statement on violence and prevention plan Occupational Health and Safety Regulations, 1996, R.R.S., c. O-1, r. 1 Section 3-25, Harassment Section 3-26, Violence Section 3-27, Safety measures for retail premises	Violence policy statement and violence prevention plan at prescribed workplaces Harassment prevention policy (e.g., reporting, privacy, procedures, etc.) Implementation of policies Additional requirements for late night retail premises
Manitoba	Workplace Safety and Health Regulation, Man. Reg. 217/2006 Part 10 Harassment Part 11 Violence	Harassment prevention policy Workplace assessment for violence Violence prevention policy Investigation and implementation of control measures Annual report
Ontario	Occupational Health and Safety Act, R.S.O. 1990, c. O.1 Part III.0.1, Violence and Harassment	Violence and harassment prevention policies Violence prevention program Assessment of risks of violence Domestic violence Duties regarding violence (e.g., provide workers with information and instruction, privacy) Harassment prevention program Duties regarding harassment (e.g., investigation, annual review, etc.) Information and instruction regarding harassment
Quebec	Act respecting labour standards, CQLR c. N-1.1 Chapter IV, Division V.2 Psychological Harassment Chapter V, Division II.1 Recourse Against Psychological Harassment	Psychological harassment prevention and complaint processing policy Filing a psychological harassment complaint with the Commission, and the Commission’s inquiry
New Brunswick	General Regulation, N.B. Reg. 91-191 Part XXII.I Violence and Harassment	Assess risk of violence Code of practice for violence Code of practice for harassment Implementation Privacy Training Review and update
Nova Scotia	Violence in the Workplace Regulations, N.S. Reg. 209/2007	Violence risk assessment Prevention plan Prevention statement Provide information to employees Training and supervision for employees Duty to report violence incidents Documentation, investigation, actions to prevent reoccurrence Debriefing individuals involved
Prince Edward Island	Occupational Health and Safety Act General Regulations, EC180/87 Part 52 Violence Workplace Harassment Regulation, EC710/19	Risk assessment Informing workers Confidentiality Policies, programs, and work environment arrangements to eliminate or minimize risk of violence Policy to prevent and investigate harassment Investigation of incidents
Newfoundland and Labrador	Occupational Health and Safety Regulations, 2012, N.L.R. 5/12 Part III, Sections 22 to 24.2	Risk assessment Procedures, programs, and work environment arrangements to eliminate or minimize risk of violence Family violence Instruction to workers Harassment prevention plan Training (harassment prevention)
Yukon	Occupational Health and Safety Regulations (in force September 2021)	Hazard assessment Policy statements and procedures for preventing violence and harassment Worker training Incident investigation Domestic violence
Northwest Territories	Occupational Health and Safety Regulations, R-039-2015 Section 34 Harassment Section 35 Violence	Harassment prevention policy Violence prevention policy Identify and eliminate or reduce risks Procedure for receiving and responding to harassment or violence complaints Training for preventing and responding to potentially violent situations Additional requirements for late night premises
Nunavut	Occupational Health and Safety Regulations, R-003-2016 Section 34 Harassment Section 35 Violence	Harassment prevention policy Violence prevention policy Identify and eliminate or reduce risks Procedure for receiving and responding to harassment or violence complaints Training for preventing and responding to potentially violent situations Additional requirements for late night premises

Fact sheet last revised: 2022-12-16

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Violence and Harassment in the Workplace - Legislation

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When are employers required to have a harassment and violence policy or program?

What are the sources of legislation regarding harassment and violence?

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