CANADIAN LAW MANDATES
Canadian Training Mandates: BC Bill 14, Ontario Bill 168, OHSA 2000, & 1977 Canadian Human Rights Act.
Has your organization met Canada’s workplace harassment and violence prevention requirements, including provincial rules such as British Columbia’s WorkSafeBC bullying and harassment obligations (often referenced in training catalogs as “BC Bill 14”) and Ontario’s Bill 168 amendments to the Occupational Health and Safety Act (OHSA), as well as the federal standards reflected in the Canadian Human Rights Act (enacted in 1977)?
Impact Compliance Training makes it straightforward to deliver compliant workplace harassment and workplace violence prevention training across Canada. We offer online and in-person modules, supported by a deployment approach that reduces administrative burden, while still giving you the documentation HR teams need.
We can also provide training access for employees who do not have company email or computer access through our access-code and self-registration deployment model, making it easier to reach frontline and distributed workforces without creating manual enrollment work.
Across Canada, harassment prevention expectations are shaped by the jurisdiction your employees work in (province/territory) and whether your organization is provincially or federally regulated. In federally regulated workplaces, the Government of Canada explicitly expects everyone in the workplace, including the employer, to participate in harassment and violence training.
In Ontario, Bill 168 strengthened OHSA requirements by requiring employers to maintain policies and programs to address workplace violence and workplace harassment, including domestic violence risks that may surface at work.
In British Columbia, WorkSafeBC places responsibility on employers to establish bullying and harassment procedures, and to ensure those procedures are followed, so training and internal processes work together (not just a “check-the-box” course).
At the federal level, harassment can also constitute discrimination when tied to protected grounds under the Canadian Human Rights Act, reinforcing the need for training that addresses respectful workplace conduct, reporting pathways, and practical prevention.
Impact Compliance Training’s courses are developed and supported by experienced subject matter experts and legal-informed compliance practitioners, and are designed to help you align training content to your applicable Canadian obligations across jurisdictions. Please contact us to set up a free course trial today.
Regulations in Provinces and Territories
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An employer who employs 20 or more workers shall establish, in consultation with the joint worksite health and safety committee, a health and safety program that includes, among other minimum elements,
a health and safety policy
worker and supervisor health and safety training
procedures for reviewing and revising the health and safety program if circumstances at a worksite change in a way that creates or could create a hazard to workers (Bill 30)
Meanwhile, an employer with fewer than 20 workers shall involve affected workers and the health and safety representative, if one exists, in hazard assessment and control or elimination of the hazards identified in accordance with the regulations and the OHS code (Bill 30) -
“Every employer must provide to the employer’s workers the information, instruction, training and supervision necessary to ensure the health and safety of those workers in carrying out their work” - (WorkSafe BC Policy D3-115-2) Employers must review their policies, including training that is being given, annually (WorkSafe BC Policy D3-115-2)
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All employers must develop and implement a written harassment prevention policy in consultation with the workplace safety and health committee or representative (Manitoba Workplace Safety and Health Regulation, M.R. 217/2006, Part 10) A component of this is education, which must “make ongoing harassment training part of other training sessions, such as: management training, induction programs for new employees, courses for union-management committees, social skills training for employees, assertiveness training for employees” (Safe Work Manitoba guidelines)
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An employer shall establish a written code of practice for harassment at the place of employment to ensure the health and safety of employees to the extent possible (s.374.4(1), Reg. 2018-82) An employer shall implement a training program in respect of the codes of practice established [above] for each employee and for each supervisor who is responsible for an employee (s. 374.7(1)) An employer shall review the codes of practice at least once each year in consultation with all committees and all health and safety representatives (s. 374.8(1))
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An employer shall develop, implement, and maintain a written harassment prevention plan, to be reviewed as necessary but at least annually (Note: employers must state the workers’ obligation to take reasonable care not to engage in bullying or workplace harassment; employers themselves are required to participate in training) (NLR Reg. 3/19)
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The Nova Scotia Human Rights Commission has introduced online resources to assist employers in addressing and preventing sexual harassment in the workplace; there does not appear to be a strict training requirement [as of this writing]
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Employers must ensure that they provide their employees with “information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace harassment” (OHSA, s. 32.0.8)
A policy must be reviewed at least annually and must be written and posted conspicuously in the workplace if there are six or more people working at the workplace (s.32.0.1). Training is suggested in OHSA’s code of practice as a possible “corrective action” to emerge from an investigation into an incident of alleged harassment (s. 32.0.7). Training is required when the above should not be viewed as legal advice and we always recommend speaking to your legal counsel where you have specific legal questions. workplace policy/program changes, or if something brings about a need for a review or refresher (such as an investigation)
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Every employer shall, after consultation with employees or their representatives, if any, issue a policy statement on sexual harassment (ESA) The policy statement must include various statements to the effect that reasonable efforts will be taken by the employer to ensure that no sexual harassment occurs in the workplace (ESA)
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“Employers must take reasonable action to prevent psychological harassment and, whenever they become aware of such behavior, to put a stop to it. They must, in particular, adopt and make available to their employees a psychological harassment prevention and complaint processing policy that includes, in particular, a section on behavior that manifests itself in the form of verbal comments, actions or gestures of a sexual nature” (ARLS)
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Employers are advised to promote awareness through information meetings and training on harassment prevention. Training can include:
rights and responsibilities workers have under The Saskatchewan Employment Act;
behaviors prohibited by the harassment policy including behaviors by third parties that will not be tolerated;
tips for helping create a respectful workplace;
videos, publications and reference materials on harassment prevention (Saskatchewan Guidelines on Safety in the Workplace)
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OHS regulations require all employers to develop and implement an effective written harassment policy, for best practice. This can (but does not have to) include proactive training that can make use of videos, publications, or reference materials (WSCC Code of Practice)
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No specific training requirements but new regulations are being developed [as of this writing]
NEW TO HARASSMENT LAW
In Canada, workplace harassment, bullying, discrimination, and workplace violence obligations are primarily set at the provincial/territorial level, with additional requirements for federally regulated employers. In conjunction with harassment prevention, many Canadian compliance programs are built to cover:
Prevention of bullying and abusive conduct (hostile, humiliating, intimidating, or offensive behaviour)
Prevention of harassment and discrimination tied to protected characteristics, including gender identity/expression and sexual orientation
Prevention and response protocols for workplace violence, including domestic violence risks that may surface at work
Clear processes for reporting, investigation, confidentiality, corrective action, and documentation
Impact Compliance has been providing training aligned to Canadian requirements for years. Our online and in-person courses are designed to support employer policy/program obligations, documentation needs, and practical prevention; while being proactively updated as Canadian standards evolve.
WHAT THE TRAINING COVERS
ICT is here to offer a flexible, customizable, comprehensive course that includes all of Canada’s requirements. Topics covered in our program are:
Abusive conduct
Discrimination
Domestic violence
Gender-based harassment and consideration
Sexual harassment
Stalking
Retaliation, for supervisors
Bystander Intervention
Covers all protected classes
These topics cover all forms of harassment in the workplace, as well as related issues that may stem from an incident.
Providing informational posters and handouts, advocating on behalf of a harassment-free workplace, and training every employee teaches businesses and employees about appropriate conduct in the workplace. With this training, there will be no grey areas about sexual harassment.
KEEPING YOUR BUSINESS UP TO CODE
Harassment and discrimination pose complex challenges in the workplace. Keeping your organization compliant with Canadian law and educating your staff on preventing these issues is our full-time job.