Creating a safe and respectful workplace is essential for all organizations. HR, legal teams and people leaders must take proactive measures to comply with the laws designed to protect employees and mitigate legal and reputation risks. 

Many jurisdictions have mandatory training and other requirements. Let’s focus here on federally regulated employers in Canada and what leaders need to know!

Federally regulated employers have a responsibility to prevent harassment and violence, protect their employees, and maintain a positive work environment. This includes understanding what constitutes harassment and violence, developing clear prevention policies, assessing risks, and providing anti-harassment training and support for employees.

As a federally regulated employer, you are responsible for:

  • Understanding what qualifies as workplace harassment and violence
  • Creating a prevention policy with your health and safety representatives or committees
  • Assessing workplace risks and implementing safeguards

How is Workplace Harassment and Violence Defined?

Under the Canada Labour Code, workplace harassment and violence means:

“Any action, conduct, or comment – including those of a sexual nature – that could reasonably be expected to cause offence, humiliation, or physical/psychological harm to an employee.”

This can be on a continuum and include:

  • Verbal abuse, threats, or intimidation
  • Physical assault
  • Gossip, rumours, or social exclusion
  • Persistent criticism, ridicule, or belittling
  • Inappropriate or offensive language or jokes
  • Misuse of authority (e.g., blocking promotions, abusing power over subordinates)
  • Unwanted sexual advances, touching, or comments
  • Inappropriate emails, texts, or online harassment (see our blog on digital harassment: https://www.ryleylearning.com/whatsapp-with-digital-sexual-harassment-how-employers-can-protect-their-workplace/)
  • Domestic or intimate partner violence that affects the workplace

What Is Not Harassment or Violence

Normal workplace management, when done respectfully, is not harassment. 

This includes:

  • Supervising and setting performance expectations
  • Providing constructive feedback
  • Disciplining employees in good faith
  • Assigning tasks and requesting updates
  • Approving or denying time off
  • Requesting medical documentation for absences

Your Workplace Harassment and Violence Prevention Policy

Every federally regulated employer must develop a written prevention policy.

Who you must work with:

  • Up to 19 employees → Health and Safety Representative
  • 20–299 employees → Workplace Committee
  • 300+ employees → Policy Committee

Your policy should:

  • State your commitment to a safe, respectful workplace
  • Define roles and responsibilities
  • Identify risk factors and prevention measures
  • Outline anti-harassment training for employees and managers
  • Explain the reporting and resolution process
  • Describe emergency procedures for immediate threats
  • Protect privacy of all parties involved
  • Provide available supports and recourse options
  • Name a designated recipient for complaints

Risk Assessment Requirements

Federally regulated employers must conduct a workplace risk assessment:

  • With the Health and Safety Representative (small workplaces)
  • With the Workplace Committee (medium workplaces)
  • With the Policy Committee (large workplaces)

The results must be documented, shared, and reviewed regularly.

Training and Awareness

Employers and employees alike must complete harassment and violence prevention training. It should be training that complies with the requirements under the Canada Labour Code for federally regulated businesses.https://www.ryleylearning.com/laws-by-region/canada-federal/

Training should cover:

  • Definitions and examples of harassment and violence
  • Your organization’s policy and reporting process
  • Employees’ and employers’ rights and responsibilities

Promoting Respect in the Workplace

A respectful workplace culture helps prevent harassment and violence. Encourage employees to:

  • Listen actively and communicate professionally
  • Be inclusive and supportive
  • Express differences of opinion constructively
  • Respect professional boundaries

Handling Complaints and Occurrences

Employers must take all reports seriously and follow a resolution process, which may include:

  • Negotiated resolution – direct discussions between parties
  • Conciliation – facilitated by a neutral third party
  • Investigation – if required to reach a resolution

Employers must also:

  • Keep detailed records of all occurrences
  • Submit annual reports to the Labour Program
  • Maintain confidentiality throughout the process

Consequences of Non-Compliance

Failure to comply with the Canada Labour Code requirements may result in:

  • Counselling or corrective direction
  • Assurance of voluntary compliance
  • Formal enforcement actions or prosecution, if necessary

Preventing workplace harassment and violence is not just a legal obligation. It’s essential to creating a safe, respectful, and productive workplace.

Not sure what laws apply? Get in touch

Here’s a quick explanation. In Canada, the rights of employees and the responsibilities of employers regarding sexual harassment are set out in either:

  • provincial legislation (human rights and/or occupational safety laws); or
  • federal legislation (Canada Labour Code and the Canadian Human Rights Act).

The Constitution sets out whether a business is federally or provincially regulated. Only about 90% of Canadian businesses are federally regulated – but they are many of the largest:  banking, telecommunications, radio and television broadcasting, shipping, railways, and federal Crown corporations.

At Ryley Learning, we help organizations understand these requirements and put effective policies, training, and culture-building strategies in place. Contact us for more information.