Update on Harassment Policy and New Training Requirements

On September 27, specific provisions of the Act to prevent and fight psychological harassment and sexual violence in the workplace came into effect. 

This article was originally published in August 2024 and was updated in November 2024. 

One of these provisions is of particular importance: from this date onwards, employers doing business in Québec and under provincial jurisdiction will have to ensure that certain features are included in their policy on psychological harassment. 

The New Requirements

Policy Content 

The Act will now require employers to include the following points in their policy against psychological harassment:

- Methods and techniques used to identify, control, and eliminate the risk of psychological harassment.

- Employee information and training programs on the prevention of psychological harassment offered to employees as well as to persons designated by the employer to handle complaints or reports.

- Recommendations on how employees should behave during work-related social events.

- Process for filing a complaint, a report or providing information and documents to the employer regarding psychological harassment, as well as the identity of the person designated to take charge of such complaints and details of the follow-up to be given by the employer following the filing of a complaint, report or other.

- The measures put in place by the employer to protect employees who are victims of psychological harassment and any other person involved in the process of filing a complaint of this nature.

- The process for handling a situation of psychological harassment and an investigation. 

- Measures put in place by the employer to ensure the confidentiality of a complaint.

- The minimum two-year retention period for documents relating to handling a situation of psychological harassment. 

 

Training for Designated Persons for Handling Reports and Complaints

Analyzing the parliamentary debates on Bill 42, it is clear that the legislator's intended to ensure that designated persons possess specific knowledge on handling reports and complaints. This is why the legislator included the obligation to incorporate a specific training and information program for designated persons. 

This in-depth knowledge is essential to adopt the right reflexes, strategies, and approaches depending on the context. 

Despite introducing this new training obligation for designated persons, no specifications on the content of the training have been provided in the amended laws, nor has any guide been published by the concerned organizations. Additionally, no predefined frequency for the training sessions has been established. 

Considering the provisions have been in effect since September 27, 2024, it is important for employers to have their designated persons trained by qualified trainers as soon as possible. Indeed, it is highly likely that employers will need to demonstrate in court that the designated person has been adequately trained to meet the burden of proof in case of a workplace harassment complaint. 

Do not wait for an internal complaint to be filed to urgently train your designated person. You could find yourself in a difficult situation in case of litigation. 

BCF Lawyers has established a specific training program for designated persons. Sign up for our paid training sessions to provide your designated persons with specific knowledge on handling complaints and reports related to workplace harassment.

Consequences for Non-compliance

The Act respecting occupational health and safety now stipulates that a psychological harassment policy must or, as the case may be, will have to be part of the prevention program. The CNESST health and safety division can review policies and enforce compliance. An inspector who is not satisfied may request changes to the policy until compliance is achieved. So, it’s best to comply before you are compelled to do so.

In fact, failure to comply with legal obligations may result in offences under the Act respecting occupational health and safety.

In addition, such failure may undermine an employer’s defense in court if it were proven that psychological harassment occurred in its workplace.

When individuals are able to establish that they have been victims of harassment in the workplace, employers may defend themselves by proving that they have implemented measures to prevent and end psychological harassment.

Until recently, the only obligation was to adopt and make available to employees a policy designed to counter psychological harassment, with no further details.  In light of the Act’s new provisions, a policy that fails to meet the Act’s minimum requirements is likely to prevent an employer from proving that it has taken all necessary measures to prevent harassment.

The CNESST Model

The CNESST provides a model policy (available in French only) that meets the Act’s criteria. Naturally, employers may draw inspiration from the model available online, but it is advisable to tailor it to their business reality and carefully consider what features should be included.

 

There is still time! 

If your business has not yet updated its policy against psychological harassment, it is not too late to do so. Need help updating your policy or creating a new compliant policy? Please feel free to contact our Labour and Employment team, who will be glad to assist you.