Workplace Harassment Laws in Canada: What Every Employer Must Know in 2026

Understanding the Canadian Legal Framework: Federal vs. Provincial Jurisdiction

Canada does not have a single, unified workplace harassment law. Instead, the system operates on two tracks: federal jurisdiction, governed by the Canada Labour Code, and provincial/territorial jurisdiction, governed by each province's occupational health and safety legislation. Understanding which rules apply to your workplace is the essential first step.

Federal Jurisdiction, the Canada Labour Code, and Bill C-65

If your organization operates in a federally regulated industry - banking, telecommunications, broadcasting, interprovincial transportation, federal Crown corporations, or the federal public service - your primary obligation comes from Part II of the Canada Labour Code and the Work Place Harassment and Violence Prevention Regulations, which came into force on January 1, 2021.

These regulations emerged from Bill C-65, which received Royal Assent in October 2018 following a wave of high-profile harassment allegations, including those involving CBC executives and members of Parliament. The legislation represented the most significant overhaul of federal workplace harassment law in decades. Under this framework, employers in federally regulated workplaces must:

• Develop and implement a joint workplace harassment and violence prevention policy in collaboration with the policy committee, work place committee, or health and safety representative.

• Conduct a workplace assessment to identify risk factors that contribute to harassment or violence.

• Put in place preventive measures addressing those identified risks.

• Establish a resolution process that includes early resolution, investigation, and negotiated resolution options.

• Provide mandatory training to all employees, and ensure that training is reviewed and updated regularly.

Approximately 1.2 million Canadians work in federally regulated industries, making these requirements among the broadest-reaching workplace safety mandates in the country.

Provincial Breakdowns: Ontario (OHSA), BC (WorkSafeBC), and Alberta (OHS Code)

For the roughly 13 million Canadians employed in provincially regulated workplaces, the rules depend on where the employer operates.

Ontario operates under the Occupational Health and Safety Act (OHSA). Workplace harassment provisions were first introduced through Bill 168 (2010) and significantly strengthened by Bill 132 (2016), which specifically addressed sexual harassment and required employers to investigate complaints in a manner appropriate to the circumstances, provide written results of investigations, and take corrective action where warranted. Ontario's Ministry of Labour enforces these requirements and can issue compliance orders and fines.

British Columbia addresses workplace bullying and harassment under the Workers Compensation Act and WorkSafeBC's occupational health and safety policies. Effective November 1, 2013, BC employers have been required to have written policies and procedures on bullying and harassment, communicate those policies to workers, and establish and follow procedures for workers to report incidents. WorkSafeBC has the authority to conduct inspections and levy penalties. You can review the specific policy framework at WorkSafeBC's bullying and harassment page.

Alberta significantly updated its Occupational Health and Safety Act with major amendments that came into force on June 1, 2018. The revised legislation broadened the definition of harassment to include psychological harassment, required employers to have an investigation process in place, and expanded worker rights to participate in the resolution of harassment complaints. Alberta's OHS legislation also brought in the right for workers to refuse dangerous work - including psychologically dangerous conditions caused by harassment. Details are available through Alberta's OHS workplace harassment guide.

What Qualifies as Workplace Harassment Under Canadian Law?

The definition of workplace harassment is broader than most employers realize - and that breadth is intentional. Canadian law is designed to capture the full spectrum of harmful conduct, not just the most obvious cases.

Under the federal Work Place Harassment and Violence Prevention Regulations, harassment and violence is defined as any action, conduct, or comment - whether physical, psychological, or sexual - that can reasonably be expected to cause offence, humiliation, or other physical or psychological injury to an employee. This definition is deliberately expansive, and most provincial frameworks use similarly broad language.

The Continuum of Behaviours: Verbal, Psychological, Sexual, and Cyber Harassment

Workplace harassment exists on a continuum. At one end are relatively minor incidents - a dismissive comment, a repeated interruption - and at the other are severe, repeated behaviours that cause significant psychological or physical harm. Canadian law does not require the most extreme form before an employer has an obligation to act.

Verbal harassment includes insults, demeaning comments, slurs, yelling, threats, or persistent criticism unrelated to performance. Psychological harassment encompasses behaviours that undermine a person's dignity or self-worth - exclusion from meetings, spreading rumours, undermining someone's credibility, or gaslighting. Sexual harassment includes unwanted sexual advances, requests for sexual favours, sexually suggestive comments or gestures, and conduct that creates a hostile environment based on sex or gender identity. For a deeper look, see our related guide: Types of Workplace Discrimination: Examples, Laws & Employee Rights (2026 Guide).

Cyber harassment is an increasingly recognized category. With remote and hybrid work now mainstream across Canada, harassment that occurs over email, messaging platforms, social media, or video calls falls within the same legal framework as in-person conduct. Employers' obligations do not disappear simply because the interaction happens on a screen. For real-world examples of how these behaviours manifest, read Examples of Workplace Harassment: Types & Employee Rights (2026 Guide).

Workplace Violence vs. Harassment: Where Is the Line?

Canadian law treats workplace violence and workplace harassment as related but distinct categories. Workplace violence typically refers to physical acts or credible threats of physical harm - assault, threatening gestures, or property damage. Workplace harassment refers to a pattern of conduct that is demeaning, threatening, or humiliating, but does not necessarily involve physical contact.

The reason the distinction matters legally is that different response timelines, investigation procedures, and safety obligations may apply depending on whether an incident is classified primarily as violence or harassment. Under Bill C-65, both categories are covered within the same prevention framework, which is one of the law's key innovations. That said, employers should understand where each category begins and ends. Our article Workplace Violence vs. Harassment: Key Differences covers this topic in greater detail.

What Is Not Harassment? Differentiating Constructive Management from Bullying

One of the most common points of confusion - and one that sometimes causes hesitation in addressing legitimate performance issues - is the mistaken belief that any uncomfortable conversation is harassment. Canadian law is clear: reasonable management action is not harassment.

Managers are legally permitted to assign work, set performance standards, give feedback (including critical feedback), implement corrective measures, and make staffing decisions. These actions are not harassment, even if an employee finds them unpleasant or disputes their fairness. What transforms legitimate management into harassment is when conduct becomes unreasonable, persistent, humiliating, or designed to demean rather than improve performance.

The Canadian Centre for Occupational Health and Safety (CCOHS) provides clear guidance on this distinction, and employers are encouraged to document management actions thoroughly to maintain a clear record if a complaint arises.

Key Legal Requirements for Canadian Employers

Developing a Joint Harassment and Violence Prevention Policy

A written policy is the foundational requirement under virtually every Canadian harassment law framework - federal and provincial. Under federal regulations, this policy must be developed jointly with the workplace's policy or work place committee, or a health and safety representative. It cannot simply be drafted by management and handed down.

A compliant policy must, at minimum:

• Define workplace harassment and violence and provide examples.

• State the employer's commitment to preventing harassment and violence.

• Outline the process for reporting and resolving incidents.

• Specify how confidentiality will be maintained.

• Describe consequences for engaging in harassment.

• Be reviewed at least every three years (federally), or whenever there is a change to workplace conditions or legislation.

Ontario, BC, and Alberta each have their own specific content requirements, though the core elements are largely consistent. If you have not reviewed your policy since before 2021, it is overdue for an update. For a comprehensive guide on employer responsibilities beyond the policy document.

Conducting a Mandatory Workplace Risk Assessment

Under the federal Work Place Harassment and Violence Prevention Regulations, employers must conduct a workplace assessment - a structured review of risk factors that contribute to harassment and violence in their specific work environment. This assessment must examine six core areas: physical work environment, work activity, interactions with members of the public, working conditions, psychological and safety factors, and workplace relationships.

The assessment must be conducted jointly with the applicable workplace committee or representative and must be updated whenever workplace conditions change significantly. A completed risk assessment is not a checkbox - it is a living document that informs your prevention strategy. Employers who have not documented their assessments face significant legal exposure, as evidenced by arbitration decisions such as the Elk Valley Coal Corp. case, where failure to document weakened the employer's legal position.

Mandatory Training Requirements and Recertification Timelines

Training is not optional. Under the federal framework, all employees - including part-time, casual, and remote workers - must receive training on harassment and violence prevention. That training must cover the employer's specific prevention policy, the resolution process, and the employee's rights and responsibilities.

Federally regulated employers must ensure training is reviewed and updated whenever the prevention policy or workplace assessment is updated. Provincially regulated employers face similar requirements, with timelines and specific content varying by province.

This is precisely where our course delivers immediate value. It is fully online, accessible from any device, and provides your team with the foundational knowledge required under Canadian law - with a certificate on completion. Whether you are onboarding new employees or refreshing your existing team's understanding, the course makes compliance straightforward and convenient.

The Resolution Process: Handling a Notice of Occurrence

Under the federal regulations, when a workplace harassment or violence incident occurs, the process begins with a Notice of Occurrence - a formal notification that triggers the resolution timeline. Understanding this process is critical, because failure to follow it correctly exposes employers to regulatory penalties.

The Role of the Designated Recipient

Every federally regulated employer must designate a Designated Recipient - a person or work unit authorized to receive Notices of Occurrence on behalf of the employer. This role carries specific responsibilities:

• Receiving and acknowledging the Notice within the required timeframe.

• Initiating contact with the person who experienced the incident (the "principal party") and the person alleged to have engaged in the conduct (the "responding party").

• Facilitating resolution options, which may include negotiated resolution, conciliation, or investigation.

• Maintaining records of the process.

The Designated Recipient must be identified in the employer's prevention policy and must have appropriate training and authority to carry out the role effectively. Smaller organizations may designate the HR manager or a senior officer; larger organizations may designate a specific team or office.

Strict Timelines, Privacy Protections, and Record Retention Rules (10-Year Mandate)

The federal regulations impose strict timelines at every stage of the resolution process. Upon receiving a Notice of Occurrence, the employer must attempt to resolve the matter within 45 days. If the matter proceeds to a formal investigation, the investigation must be completed within 45 days of the decision to investigate, though extensions may be granted in exceptional circumstances.

Privacy is a cornerstone of the framework. Employers must maintain confidentiality at every stage - the identity of the parties, the nature of the allegations, and the results of any investigation must be disclosed only to the extent necessary to complete the resolution process or comply with legal requirements. Retaliation against an employee for reporting harassment is explicitly prohibited and is itself a serious legal violation.

Perhaps most significantly, employers must retain all records related to harassment and violence occurrences for a minimum of 10 years. This includes Notices of Occurrence, investigation reports, resolution agreements, and any records of corrective action. Given the long retention window, digital record-keeping systems are strongly advisable. To understand your reporting obligations and options as an employee or employer, see our guide on How to Report Workplace Harassment.

The Cost of Ignoring the Law: Penalties and Liability

Non-compliance with Canadian workplace harassment laws is not a minor administrative issue - it carries serious financial, legal, and reputational consequences.

At the federal level, the Canada Labour Code allows Health and Safety Officers and the Minister of Labour to issue compliance orders, stop-work orders, and monetary penalties. Employers can face fines of up to $250,000 per violation for serious or repeated failures to comply. In the most serious cases, particularly where harassment contributes to an employee's severe psychological injury or death, criminal liability under the Criminal Code of Canada (specifically the Westray Law provisions under section 217.1) may apply.

In Ontario, inspectors appointed under OHSA can issue orders requiring employers to take corrective action, conduct investigations, or implement specific programs. Corporations found guilty of an OHSA offence can be fined up to $1,500,000 per conviction, and individuals (including managers and supervisors) can be fined up to $100,000 and/or face up to 12 months in prison.

Beyond regulatory fines, employers face significant civil liability. An employee who experiences harassment can file a human rights complaint with the applicable human rights tribunal - and awards for general damages, lost wages, and injury to dignity regularly reach into the tens of thousands of dollars. The TTC case mentioned earlier, which resulted in a $150,000 settlement, illustrates that systemic failures - where management is aware of harassment but fails to act - are treated particularly harshly.

The reputational damage is often harder to quantify but equally damaging. Employers who are publicly named in harassment decisions face difficulty attracting talent, retaining employees, and maintaining client relationships. In an era when harassment settlements and regulatory penalties are routinely reported in the press, the reputational cost of non-compliance can far exceed the monetary penalties themselves.

Conclusion: Your Compliance Action Checklist

Workplace harassment laws in Canada are not static, and they are not forgiving of employers who treat compliance as optional. From the federal Work Place Harassment and Violence Prevention Regulations that govern 1.2 million federally regulated workers to Ontario's OHSA, BC's WorkSafeBC framework, and Alberta's revised OHS Act, the legal obligations are clear - and the penalties for ignoring them are significant.

Here is a practical compliance checklist to assess where your organization stands today:

Policy & Documentation

• Written harassment and violence prevention policy in place, jointly developed where required, and reviewed within the last three years

• Workplace risk assessment completed and documented

• Designated Recipient identified and trained (federally regulated employers)

• Incident records retention system capable of storing records for 10 years

Training & Awareness

• All employees - full-time, part-time, remote - have received harassment prevention training

• New employees receive training as part of onboarding

• Training content reflects your current policy and risk assessment findings

• Recertification schedule in place

Resolution Process

• Clear, documented process for receiving and responding to Notices of Occurrence or complaints

• Timelines understood and tracked

• Confidentiality protocols in place for all parties

• Corrective action procedures documented

If any of these items are incomplete, the time to act is now - not after a complaint is filed.

The course is fully online, covers both federal and provincial obligations, and takes only a few hours to complete - with a certificate issued upon completion. Whether you are a business owner building your compliance program for the first time or an HR professional looking to refresh your team's knowledge, this course gives you practical, immediately applicable skills without disrupting your workday.

Canadian law sets the floor. Your workplace culture is what you build above it - and that starts with education.