Anti-harassment policy

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The Act respecting labour standards sets out the right of all employees in Quebec to work in an environment free from discrimination and harassment. Since January 1, 2019, all employers must adopt a harassment prevention and complaint handling policy as soon as they have at least one (1) employee in their company. In addition, the law requires all employers to make this policy easily accessible (online and/or physically) and to disclose it to every employee in their company.

  1. Scope of the policy

It is important to note that the Act respecting labour standards stipulates that the policy must apply to all employees (including unionized and non-unionized employees and management), all workplaces (including places where the employer decides to organize social activities) and several types of communications (including private communications, e-mail and social networks). With the emergence of telecommuting, the policy also applies to cyberstalking.

  1. New obligations as of September 27, 2024

As of September 27, 2024, Bill 42: Act to Prevent and fight Psychological Harassment and Sexual Violence in the Workplace, will impose new obligations on employers in terms of policy content. The policy will have to include the following:

  1. the methods and techniques used to identify, control and eliminate the risks of psychological harassment, including a section on conduct manifested by words, acts or gestures of a sexual nature;
  2. information and training programs on the prevention of psychological harassment offered to workers and to persons designated by the employer to handle a complaint or report;
  3. rules governing social activities organized by the employer;
  4. procedures for making a complaint or report to the employer, or for providing information or documents, as well as information on the follow-up to be carried out by the employer;
  5. measures to protect those affected by a situation of psychological harassment and those who have collaborated in the handling of a complaint or report concerning such situation (e.g., witnesses);
  6. the process for dealing with a situation of psychological harassment, including the process applicable when an investigation is conducted by the employer;
  7. the names of the persons designated to receive complaints or reports;
  8. measures to ensure confidentiality:
  • a complaint;
  • a report;
  • information; and
  • a document received;
  1. measures to ensure the confidentiality of documents drawn up or obtained in the course of dealing with a harassment situation, which must be kept for at least two (2) years.

  1. Penalties

The Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST), the organization responsible for enforcing the policy, may conduct investigations to ensure compliance of any anti-harassment policy. Any employer who contravenes their obligation to have a policy, or whose policy does not comply with the law, is liable to fines ranging from six hundred dollars ($600.00) to six thousand dollars ($6,000.00) for the first contravention, and from one thousand two hundred dollars ($1,200.00) to twelve thousand dollars ($12,000.00) in the event of a repeat offence.

  1. Summary

Employers' obligations in terms of preventing and combating harassment, as well as the content of the policy, will undergo a profound change on September 27, 2024. Failure by an employer to comply with these new obligations will result in substantial monetary penalties. It is therefore important for employers to update their policy, and even more so to adopt one if they have not already done so, while ensuring that it meets their company's needs and is adapted to their reality.

We can assist you at any time in drafting or revising an anti-harassment and prevention policy adapted to your needs, in accordance with the Act respecting labour standards. Don't hesitate to contact us if you need further information or assistance.