First Reference
Canadian employers are under increasing pressure to comply with complex and evolving workplace violence and harassment laws. What once required little more than a policy on paper now demands a well-structured, actively implemented prevention program—especially for organizations operating across multiple provinces.
In Ontario, the Occupational Health and Safety Act (OHSA) establishes the legal framework for workplace violence and harassment prevention. But every province and territory in Canada has its own legislation, each with specific nuances. Understanding and complying with these requirements isn’t optional—it’s essential for protecting your workers, minimizing liability, and maintaining a productive work environment.
Under sections 32.0.1 to 32.0.7 of Ontario’s OHSA, employers must implement a workplace violence and harassment program that includes:
The OHSA definitions are broad. Workplace violence includes the exercise, attempted exercise, or threat of physical force. Workplace harassment includes vexatious conduct that causes harm to a worker’s psychological or physical well-being. Employers must also consider how domestic violence can pose risks in the workplace.
Other provinces follow similar principles, but compliance requirements, investigation protocols, and timelines vary. For federally regulated employers, the Canada Labour Code provides its own parallel obligations—adding another layer of complexity for organizations that operate nationally.
1. Risk assessments
Employers must regularly assess the workplace for risks related to violence and harassment. This means evaluating not just physical safety, but also work practices, interpersonal dynamics, and environmental stressors. Documentation and periodic reviews are essential.
2. Policy development and implementation
Policies should clearly define prohibited behaviours, outline reporting mechanisms, explain how complaints will be investigated, and state consequences for violations. These policies must be communicated to all employees and easily accessible.
3. Training and awareness
All employees—from frontline staff to managers—must receive training tailored to their roles. This includes recognizing warning signs, understanding reporting options, and knowing how to respond appropriately. Refresher training should be conducted regularly.
4. Investigation and resolution
Employers must respond to every complaint with a prompt, impartial, and confidential investigation. Investigations must be conducted according to a consistent, transparent process, and employers must protect complainants from reprisal while addressing any findings with appropriate corrective action.
Organizations operating in more than one province or territory must reconcile a patchwork of legislative standards. While foundational principles are consistent, operational details—such as training content, documentation requirements, and enforcement mechanisms—can vary widely.
Adding to the complexity is the evolving nature of the law itself. Courts and regulators continue to refine expectations through case law, compliance bulletins, and guidance materials. For HR and payroll professionals, staying ahead of these developments requires dedicated time and resources.
First Reference offers two trusted tools to help organizations implement and maintain compliant violence and harassment prevention programs:
The Human Resources Advisor
The Human Resources Advisor provides clear, plain-language guidance on legal obligations across all 14 Canadian jurisdictions. With this resource, HR professionals can:
PolicyPro
PolicyPro supports policy creation and maintenance with ready-to-use, legally reviewed templates. Its workplace violence and harassment materials include:
Together, these tools provide a proactive compliance foundation—backed by ongoing expert support.
Failing to meet legal obligations can result in:
These consequences can be far more costly than investing in a robust compliance program.
Employers should prepare for new risks and expectations, including:
Preventing workplace violence and harassment is more than a legal requirement—it’s a cornerstone of a safe, productive workplace. But in a multi-jurisdictional, rapidly evolving regulatory environment, meeting compliance obligations can be challenging.
That’s where First Reference comes in. With The Human Resources Advisor and PolicyPro, your organization gains trusted resources that deliver expert-reviewed guidance, templates, and updates, so you can act with confidence.
The return on investment is clear: reduced risk, improved workplace culture, and peace of mind for employers and employees alike.
To learn more about how First Reference can support your compliance efforts, contact our team today. With decades of experience and a reputation for excellence, we’re your trusted partner in building safer, more compliant workplaces across Canada.
The Ontario Occupational Health and Safety Act violence and harassment prevention provisions (Bill 168) require an employer to take all reasonable precautions in the circumstances for the protection of all employees if a domestic violence situation is likely to expose a worker to physical injury in the workplace and the employer becomes aware or ought reasonably to be aware of the situation.
But what does that imply? The law states the requirement but provides little guidance on what employers need to do to prevent domestic violence from spilling into the workplace. In addition, many employers are not comfortable addressing a situation of such a personal nature. It is not an easy task to complete and might never be.
Ted Kenney
The Ontario Occupational Health and safety Act violence and harassment prevention provisions (Bill 168) require employers to provide information, including personal information, about a person with a history of violent behaviour if:
Ted Kenney
Ontario’s upcoming occupational health and safety violence and harassment rules require that employers implement violence and harassment prevention policies. Manitoba and Saskatchewan also require OHS policies for both workplace hazards. When drafting or updating your violence/harassment policies to meet legal OHS requirements (e.g., Ontario’s Bill 168), are you creating individual policies or integrating your policies? That was the question asked in the most recent HRinfodesk poll. According to the results of the poll, out of 155 responses, 84 (~54%) respondents intend to comply to the letter of the law, while 71 (~46%) respondents have taken another approach by integrating both policies into one.
Ted Kenney