Harassment policy requirements by province and territory

“(a) measures to eliminate or, if that is not reasonably practicable, control the hazards of violence and harassment to workers;” (OHS Code, s. 390(1)(a))

“(b) any applicable requirements referred to in section 392.2;” (OHS Code, s. 390(1)(b))

“(c) procedures to inform workers of the nature and extent of the hazard of violence and harassment, including information related to specific or general threats of violence or harassment that exist or may exist;” (OHS Code, s. 390(1)(c))

“(d) procedures to report violence or harassment;” (OHS Code, s. 390(1)(d))

“(e) procedures to investigate complaints and incidents of violence or harassment;” (OHS Code, s. 390(1)(e))

“(f) provisions to protect the confidentiality of all parties involved in a complaint or incident, except where disclosure is (i) necessary to (A) investigate the complaint or incident, (B) take corrective action, or (C) inform the parties involved in the complaint or incident of the results of the investigation and of any corrective action to be taken to address the complaint or incident, (ii) necessary to inform workers of a specific or general threat of violence or potential violence, or (iii) required by law.” (OHS Code, s. 390(1)(f))

“(a) a definition of harassment that includes the definition in the Act;” (OHS Regulations, 2020, s. 3-25(1)(a))

“(b) a statement that every worker is entitled to employment free of harassment;” (OHS Regulations, 2020, s. 3-25(1)(b))

“(c) a commitment that the employer will make every reasonably practicable effort to ensure that no worker is subjected to harassment;” (OHS Regulations, 2020, s. 3-25(1)(c))

“(d) a commitment that the employer will take corrective action respecting any person under the employer's direction who subjects any worker to harassment;” (OHS Regulations, 2020, s. 3-25(1)(d))

“(e) an explanation of how complaints of harassment may be brought to the attention of the employer;” (OHS Regulations, 2020, s. 3-25(1)(e))

“(f) a statement that the employer will not disclose the name of a complainant or an alleged harasser or the circumstances related to the complaint to any person except if disclosure is: (i) necessary for the purposes of investigating the complaint or taking corrective action with respect to the complaint; or (ii) required by law;” (OHS Regulations, 2020, s. 3-25(1)(f))

“(g) a reference to the provisions of the Act respecting harassment and the worker's right to request the assistance of an occupational health officer to resolve a complaint of harassment;” (OHS Regulations, 2020, s. 3-25(1)(g))

“(h) a reference to the provisions of The Saskatchewan Human Rights Code respecting discriminatory practices and the worker's right to file a complaint with the Saskatchewan Human Rights Commission;” (OHS Regulations, 2020, s. 3-25(1)(h))

“(i) a description of the procedure that the employer will follow to inform the complainant and the alleged harasser of the results of the investigation; and” (OHS Regulations, 2020, s. 3-25(1)(i))

“(j) a statement that the employer's harassment policy is not intended to discourage or prevent the complainant from exercising any other legal rights pursuant to any other law.” (OHS Regulations, 2020, s. 3-25(1)(j))

“(a) every worker is entitled to work free of harassment;” (M.R. 217/2006, s. 10.2(1)(a))

“(b) the employer must ensure, so far as is reasonably practicable, that no worker is subjected to harassment in the workplace;” (M.R. 217/2006, s. 10.2(1)(b))

“(c) the employer will take corrective action respecting any person under the employer's direction who subjects a worker to harassment;” (M.R. 217/2006, s. 10.2(1)(c))

“(d) the employer will not disclose the name of a complainant or an alleged harasser or the circumstances related to the complaint to any person except where disclosure is (i) necessary to investigate the complaint or take corrective action with respect to the complaint, or (ii) required by law;” (M.R. 217/2006, s. 10.2(1)(d))

“(e) a worker has the right to file a complaint with the Manitoba Human Rights Commission;” (M.R. 217/2006, s. 10.2(1)(e))

“(f) the employer's harassment prevention policy is not intended to discourage or prevent the complainant from exercising any other legal rights pursuant to any other law.” (M.R. 217/2006, s. 10.2(1)(f))

“(a) how to make a harassment complaint;” (M.R. 217/2006, s. 10.2(2)(a))

“(b) how a harassment complaint will be investigated;” (M.R. 217/2006, s. 10.2(2)(b))

“(c) how the complainant and alleged harasser will be informed of the results of the investigation.” (M.R. 217/2006, s. 10.2(2)(c))

“(a) include measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor;” (OHSA, s. 32.0.6(2)(a))

“(b) include measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor, if the employer or supervisor is the alleged harasser;” (OHSA, s. 32.0.6(2)(b))

“(c) set out how incidents or complaints of workplace harassment will be investigated and dealt with;” (OHSA, s. 32.0.6(2)(c))

“(d) set out how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law;” (OHSA, s. 32.0.6(2)(d))

“(e) set out how a worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, will be informed of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation; and” (OHSA, s. 32.0.6(2)(e))

“(f) include any prescribed elements.” (OHSA, s. 32.0.6(2)(f))

“(a) a statement that every employee is entitled to work free of harassment;” (N.B. Reg. 91-191, s. 374.4(2)(a))

“(b) the identity of the person responsible for implementing the code of practice;” (N.B. Reg. 91-191, s. 374.4(2)(b))

“(c) a statement that an employee shall report an incident of harassment to the employer as soon as the circumstances permit;” (N.B. Reg. 91-191, s. 374.4(2)(c))

“(d) the procedure the employer shall follow to investigate and document any incident of harassment of which the employer is aware;” (N.B. Reg. 91-191, s. 374.4(2)(d))

“(e) the manner in which affected employees shall be informed of the results of an investigation;” (N.B. Reg. 91-191, s. 374.4(2)(e))

“(f) the procedure the employer shall follow to implement any corrective measures identified as a result of the investigation;” (N.B. Reg. 91-191, s. 374.4(2)(f))

“(g) the follow-up measures to be used with affected employees; and” (N.B. Reg. 91-191, s. 374.4(2)(g))

“(h) the identification of training needs.” (N.B. Reg. 91-191, s. 374.4(2)(h))

“(a) a statement that every employee is entitled to employment free of workplace harassment;” (N.S. Reg. 52/2013, s. 27.2(1)(a))

“(b) a commitment by the employer to ensure, so far as is reasonably practicable, that no employee will be subjected to workplace harassment;” (N.S. Reg. 52/2013, s. 27.2(1)(b))

“(c) a statement that all employees have an obligation not to engage in workplace harassment;” (N.S. Reg. 52/2013, s. 27.2(1)(c))

“(d) a statement that employees are encouraged to report incidents of workplace harassment;” (N.S. Reg. 52/2013, s. 27.2(1)(d))

“(e) information about all of the following procedures: (i) how to recognize, prevent and respond to workplace harassment, (ii) the procedure for reporting incidents of workplace harassment to the employer or a supervisor, (iii) the procedure for making a workplace harassment complaint to a person other than the employer or supervisor, if the employer or supervisor is a subject of the complaint, (iv) the procedure for investigating a complaint of workplace harassment, (v) the procedure for informing the complainant and the subject of the complaint of the result of the investigation or any corrective action that has been or will be taken as a result of the investigation;” (N.S. Reg. 52/2013, s. 27.2(1)(e))

“(f) a statement that the employer will not disclose any information obtained in relation to a complaint of workplace harassment, including personal information, unless the disclosure is (i) required by law, (ii) necessary for the purposes of investigating the complaint, or (iii) necessary for the purposes of taking corrective action with respect to the complaint;” (N.S. Reg. 52/2013, s. 27.2(1)(f))

“(g) a statement that the employer will not reprimand or seek reprisal against an employee who has made a workplace harassment complaint in good faith;” (N.S. Reg. 52/2013, s. 27.2(1)(g))

“(h) a commitment by the employer to investigate all complaints of workplace harassment;” (N.S. Reg. 52/2013, s. 27.2(1)(h))

“(i) a commitment by the employer to take appropriate corrective action respecting any person under the employer's direction who subjects an employee to workplace harassment;” (N.S. Reg. 52/2013, s. 27.2(1)(i))

“(j) a statement that the employer's workplace harassment prevention policy is not intended to discourage, prevent or preclude a complainant from exercising other legal rights under any other law.” (N.S. Reg. 52/2013, s. 27.2(1)(j))

“(a) a definition of harassment that is consistent with clause 1(b) of these regulations;” (EC710/19, s. 4(1)(a))

“(b) a statement that every worker is entitled to work free of harassment;” (EC710/19, s. 4(1)(b))

“(c) a commitment that the employer shall ensure, as far as is reasonably practicable, that no worker will be subjected to harassment in the workplace;” (EC710/19, s. 4(1)(c))

“(d) a commitment that the employer shall take corrective action respecting any person under the employer's direction who subjects a worker to harassment;” (EC710/19, s. 4(1)(d))

“(e) information or procedures about (i) how to make a harassment complaint to the employer or supervisor, (ii) how to make a harassment complaint to a person other than the employer or supervisor, if the employer or supervisor is a subject of the complaint, (iii) how a harassment complaint will be investigated, and (iv) how the complainant and subject of the complaint will be informed of the results of the investigation and any corrective action that has been or will be taken as a result;” (EC710/19, s. 4(1)(e))

“(f) a statement that the employer shall not disclose any identifying information about any person involved or the circumstances relating to the complaint to any person unless disclosure is (i) necessary for the purposes of investigating the complaint or taking corrective action with respect to the complaint, or (ii) permitted by law;” (EC710/19, s. 4(1)(f))

“(g) a statement that the employer's harassment policy is not intended to discourage, prevent, or preclude a complainant from exercising other legal rights pursuant to any other law;” (EC710/19, s. 4(1)(g))

“(h) a statement that the employer's harassment policy does not preclude a worker from filing a complaint under the Human Rights Act R.S.P.E.I. 1988, Cap. H-12; and” (EC710/19, s. 4(1)(h))

“(i) a statement that the employer shall not reprimand, seek reprisal or discriminate against a worker who has made a workplace harassment complaint in good faith.” (EC710/19, s. 4(1)(i))

“(a) include a statement that every worker is entitled to employment free from workplace harassment;” (NLR 5/12, s. 24.1(2)(a))

“(b) include a statement that the employer is committed to eliminating, where possible, or otherwise, minimizing the hazard of workplace harassment;” (NLR 5/12, s. 24.1(2)(b))

“(c) include a statement of the worker's obligation to take reasonable care to (i) not engage in bullying or workplace harassment, (ii) report observations or experiences of bullying and workplace harassment, and (iii) comply with the harassment prevention plan;” (NLR 5/12, s. 24.1(2)(c))

“(d) include a statement of a supervisor's obligation to ensure the health and safety of workers, including the supervisor's obligation to apply and comply with the harassment prevention plan;” (NLR 5/12, s. 24.1(2)(d))

“(e) set out the procedures for workers to report instances of harassment to an employer or supervisor or where the employer or supervisor is the alleged harasser, the procedures to report harassment to an external third party;” (NLR 5/12, s. 24.1(2)(e))

“(f) set out the procedures to be followed after a complaint of workplace harassment is received and the manner in which a complaint is investigated;” (NLR 5/12, s. 24.1(2)(f))

“(g) include a statement that any information obtained relating to workplace harassment, including personal information, will not be disclosed unless it is necessary for the purpose of an investigation, corrective action relating to the complaint or where required by law;” (NLR 5/12, s. 24.1(2)(g))

“(h) set out the procedures regarding notification of results of investigations and any actions to be taken as a result of an investigation;” (NLR 5/12, s. 24.1(2)(h))

“(i) include a statement that the harassment prevention plan is not intended to discourage a worker from exercising the worker's rights under the Human Rights Act, 2010, the Criminal Code (Canada) or any other law of the province or of Canada; and” (NLR 5/12, s. 24.1(2)(i))

“(j) include a statement that the employer shall protect workers from retaliation and provide support to workers when workplace harassment occurs.” (NLR 5/12, s. 24.1(2)(j))

“(a) a statement that violence and harassment in the workplace are prohibited;” (O.I.C. 2006/178, s. 19.02(a))

“(b) a statement that every worker is entitled to employment free of violence and harassment;” (O.I.C. 2006/178, s. 19.02(b))

“(c) a statement that the employer is committed to eliminating or, if that is not practicable, controlling the risks of violence and harassment in the workplace;” (O.I.C. 2006/178, s. 19.02(c))

“(d) a statement that workers have the right to bring complaints of violence or harassment to the employer or, if the employer is the person alleged to have committed the violence or harassment, to persons other than the employer;” (O.I.C. 2006/178, s. 19.02(d))

“(e) a statement that the employer will not disclose the circumstances related to an incident or complaint of violence or harassment or the names of the victim, the person alleged to have committed the violence or harassment, or any witnesses, except (i) where to do so would be necessary (A) to investigate the incident or complaint, (B) to take corrective action, (C) to inform the persons involved in the incident or complaint of the results of the investigation and any corrective action to be taken to address the incident or complaint, or (D) to inform workers in the workplace of the nature and extent of the risk of violence or harassment there, or (ii) as required by law;” (O.I.C. 2006/178, s. 19.02(e))

“(f) a statement that any personal information that is disclosed under paragraph (e) in respect of an incident or complaint of violence or harassment will be the minimum amount necessary for the purpose for which it is being disclosed;” (O.I.C. 2006/178, s. 19.02(f))

“(g) a statement that the policy statement and procedures do not limit workers in the exercise of any other rights pursuant to any other law.” (O.I.C. 2006/178, s. 19.02(g))

“(a) a description of the measures that the employer is to take to eliminate or, if that is not practicable, control the risk of injury to workers from violence and harassment in the workplace;” (O.I.C. 2006/178, s. 19.03(a))

“(b) the procedure to be followed by a worker when bringing a complaint of violence or harassment to the employer, including how and when to report;” (O.I.C. 2006/178, s. 19.03(b))

“(c) if the employer is the person alleged to have committed the violence or harassment, the procedure to be followed by a worker when bringing a complaint of violence or harassment to a person other than the employer;” (O.I.C. 2006/178, s. 19.03(c))

“(d) the procedures to be followed by the person who becomes aware of an incident of violence or harassment or to whom a complaint of violence or harassment has been brought when (i) documenting the incident or complaint, (ii) investigating the incident or complaint, and (iii) implementing measures to eliminate or control a risk of violence or harassment raised in the incident or complaint;” (O.I.C. 2006/178, s. 19.03(d))

“(e) the procedure to be followed by the employer or other person who has investigated an incident or complaint of violence or harassment when informing the persons involved in it of (i) the results of the investigation, and (ii) any corrective action to be taken;” (O.I.C. 2006/178, s. 19.03(e))

“(f) the procedure to be followed by the worker and the employer to obtain assistance following an incident or a complaint of violence or harassment, including post-incident treatment or counselling.” (O.I.C. 2006/178, s. 19.03(f))

“(a) a definition of harassment that is consistent with subsections (1), (2) and (3);” (R-039-2015, s. 34(4)(a))

“(b) a statement that each worker is entitled to work free of harassment;” (R-039-2015, s. 34(4)(b))

“(c) a commitment that the employer will make every reasonable effort to ensure that workers are not subjected to harassment;” (R-039-2015, s. 34(4)(c))

“(d) a commitment that the employer will take corrective action respecting any individual who subjects any worker to harassment;” (R-039-2015, s. 34(4)(d))

“(e) an explanation of how harassment complaints may be brought to the attention of the employer;” (R-039-2015, s. 34(4)(e))

“(f) a statement that the employer will not disclose the name of a complainant or an alleged harasser or the circumstances relating to the complaint to a person unless disclosure is (i) necessary for the purposes of investigating the complaint or taking corrective action with respect to the complaint, or (ii) required by law;” (R-039-2015, s. 34(4)(f))

“(g) a description of the procedure that the employer will follow to inform a complainant and alleged harasser of the results of an investigation; and” (R-039-2015, s. 34(4)(g))

“(h) a statement that the employer's harassment policy is not intended to discourage or prevent a complainant from exercising other legal rights.” (R-039-2015, s. 34(4)(h))

“(a) a definition of harassment that is consistent with subsections (1), (2) and (3);” (R-003-2016, s. 34(4)(a))

“(b) a statement that each worker is entitled to work free of harassment;” (R-003-2016, s. 34(4)(b))

“(c) a commitment that the employer will make every reasonable effort to ensure that workers are not subjected to harassment;” (R-003-2016, s. 34(4)(c))

“(d) a commitment that the employer will take corrective action respecting any individual who subjects any worker to harassment;” (R-003-2016, s. 34(4)(d))

“(e) an explanation of how harassment complaints may be brought to the attention of the employer;” (R-003-2016, s. 34(4)(e))

“(f) a statement that the employer will not disclose the name of a complainant or an alleged harasser or the circumstances relating to the complaint to a person unless disclosure is (i) necessary for the purposes of investigating the complaint or taking corrective action with respect to the complaint, or (ii) required by law;” (R-003-2016, s. 34(4)(f))

“(g) a description of the procedure that the employer will follow to inform a complainant and alleged harasser of the results of an investigation; and” (R-003-2016, s. 34(4)(g))

“(h) a statement that the employer's harassment policy is not intended to discourage or prevent a complainant from exercising other legal rights.” (R-003-2016, s. 34(4)(h))