Sexual Harassment Prevention Training in Canada
Regulations
Summary:
With the exception of industries that are federally regulated, such as
interprovincial banks, trucking and airlines, employer sexual harassment prevention
training requirements in Canada are
provincially regulated. In many provinces, the topic of harassment is included in
health and safety programs.
The following table contains information listed by province, subject to change. This
list covers minimum requirements—training that meets or exceeds the minimum is
considered to be a best practice by most industry standards.
| Province |
Harassment Training Requirements
|
| Alberta |
An employer who employs 20 or more workers shall establish, in
consultation with the joint work site 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 work site 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)
|
| British Columbia |
“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)
|
| Manitoba |
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)
|
| New Brunswick |
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))
|
| Newfoundland & Labrador |
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)
|
| Nova Scotia |
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]
|
| Ontario |
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). 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)
|
| Prince Edward Island |
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)
|
| Quebec |
“Employers must take reasonable action to prevent psychological
harassment and, whenever they become aware of such behaviour, 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 behaviour that
manifests itself in the form of verbal comments, actions or gestures of
a sexual nature” (ARLS)
|
| Saskatchewan |
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;
- behaviours prohibited by the harassment policy including
behaviours 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)
|
| Northwest Territories and Nunavut |
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)
|
| Yukon Territory |
No specific training requirements but new regulations are being
developed [as of this writing]
|
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The above should not
be viewed as legal advice and
we always recommend speaking to your legal counsel where you have specific legal
questions.