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Workplace Harassment – 2023 Year in Review

FEDERAL

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 extensive resources on the OHSI Workplace Violence Compliance Center to protect your workers from violence and harassment.

 

BRITISH COLUMBIA

Mar 9: First Reading for Private Member Bill M-215, which 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: Implement a workplace violence and harassment compliance game plan at your site.

 

MANITOBA

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.

 

Nov 3: The Manitoba Assembly defeated Private Member Bill 225 that would have banned the use of non-disclosure agreements for settling harassment and discrimination claims.

Action Point: Use the extensive resources on the OHSI Workplace Violence Compliance Center to protect your workers from violence and harassment.

 

NEW BRUNSWICK

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 extensive resources on the OHSI Workplace Violence Compliance Center to protect your workers from violence and harassment.

 

NEWFOUNDLAND & LABRADOR

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: Implement a workplace violence and harassment compliance game plan at your site.

 

NOVA SCOTIA

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 extensive resources on the OHSI Workplace Violence Compliance Center to protect your workers from violence and harassment.

 

Nov 3: If you want to file a work-related discrimination complaint but belong to a labour union, take your case to the labour board and not to us. That’s the message of a new Nova Scotia Human Rights Commission bulletin, citing a 2021 Supreme Court of Canada case called Northern Regional Health Authority v. Horrocks ruling that human rights complaints by union members should be litigated under the labour grievance rather than the human rights complaint process. While Horrocks deals specifically with Manitoba laws, the Commission notes that the same principles apply in all parts of Canada.

Action Point: Use the extensive resources on the OHSI Workplace Violence Compliance Center to protect your workers from violence and harassment.

 

ONTARIO

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.

 

QUÉBEC

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: Implement a workplace violence and harassment compliance game plan at your site.

 

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.

 

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.

Action Point: Use the extensive resources on the OHSI Workplace Violence Compliance Center to protect your workers from violence and harassment.