Workplace Sexual Harassment Laws by Province and Territory

Compiled by: Carina Gabriele and Anoodth Naushan

Sexual Harassment Laws by Province and Territory (2).png

Context:

While conversations and interventions on gender-based violence at post-secondary institutions are often focused on students, we know that employee safety is also important to address. All employees - unionized workers, student staff, management, and faculty - deserve to have safe workplaces free of gender-based violence, and where they can access support if they experience harm (Courage to Act Report, 2019, pp. 62)

Statistics Canada’s 2018 study on harassment and sexual violence in the workplace reveals that nearly one-third of women in Canada have experienced some form of sexual harassment at work (as cited in the Courage to Act Report, 2019).
Further, 19% of women and 13% of men aged 15 to 64 reported that they experienced at least one type of harassment in the workplace in the past 12 months (Statistics Canada, 2018a).
Those reporting workplace sexual harassment were more likely to be dissatisfied with their job, and experience higher levels of stress and poor health (Courage to Act, pp.17). Many did not report workplace sexual harassment.

Definition: The Canada Labour Code defines sexual harassment as any conduct, comment, gesture, or contact of a sexual nature that is likely to cause offence or humiliation to any employee; or that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

Legislation

In Canada, the rights of employees and the responsibilities of employers regarding sexual harassment are set out in either:

Provincial/territorial legislation (human rights and/or occupational safety laws); or
Federal legislation (Canada Labour Code and the Canadian Human Rights Act).

Canadian labour laws cover all employees in Canada with the majority (about 90%) covered under provincial or territorial labour laws. Each province has its own labour laws.

Federal Legislation

Federal legislation only applies to federally regulated industries such as banking, telecommunications, radio and television broadcasting, railways, and federal Crown corporations. Under the Canada Labour Code, federally regulated employers have responsibilities to make reasonable efforts to ensure that no employee is exposed to sexual harassment in the workplace.

Canada Labour Code Amendments and Regulations that mandate sexual harassment training (among other protections) will come into force on January 1, 2021. The training must be specific to the culture, conditions and activities of the workplace and include the following elements:

The elements of workplace harassment and violence prevention policy;
A description of the relationship between workplace harassment and violence and the prohibited grounds of discrimination set out in subsection 3(1) of the Canadian Human Rights Act; and
A description of how to recognize, minimize, prevent and respond to workplace harassment and violence.

Provincial Legislation

Approximately 90% of all employees in Canada are covered under provincial or territorial labour laws. We’ve compiled a list of labour laws by province and territory:

PROVINCE /LABOUR CODE

Alberta

British Columbia

Manitoba

New Brunswick

Newfoundland and Labrador

Northwest Territories

Nova Scotia

Nunavut

Ontario

Prince Edward Island

Quebec

Saskatchewan

Yukon

Unions - Some helpful links

Canadian Union of Public Employees (CUPE)
- CUPE’s guide called Stop Workplace Sexal Violence: A Guide for CUPE locals

Public Service Alliance of Canada (PSAC)
- Anti-Harassment: the union - PSAC Policy 23B

Unifor
- Unifor’s workplace harassment model language document
- Unifor’s policy against harassment in the workplace

Legal Information Clinics and Legal Aid

Province/Legal Aid