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  1. Canada Labour Code - R.S.C., 1985, c. L-2 (Section 125)
    Marginal note:Specific duties of employer
    •  (1) Without restricting the generality of section 124, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity,

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      • (c) except as provided for in the regulations, investigate, record and report, in accordance with the regulations, all accidents, occurrences of harassment and violence, occupational illnesses and other hazardous occurrences known to the employer;

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      • (z.16) take the prescribed measures to prevent and protect against harassment and violence in the work place, respond to occurrences of harassment and violence in the work place and offer support to employees affected by harassment and violence in the work place;

      • (z.161) ensure that employees, including those who have supervisory or managerial responsibilities, receive training in the prevention of harassment and violence in the work place and are informed of their rights and obligations under this Part in relation to harassment and violence;

      • (z.162) undergo training in the prevention of harassment and violence in the work place;

      • (z.163) ensure that the person designated by the employer to receive complaints relating to occurrences of harassment and violence has knowledge, training and experience in issues relating to harassment and violence and has knowledge of relevant legislation;

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    • Marginal note:Former employees

      (4) Except as provided for in the regulations, the obligations set out in paragraphs (1)(c) and (z.16) apply to an employer in respect of a former employee in relation to an occurrence of harassment and violence in the work place if the occurrence becomes known to the employer within three months after the day on which the former employee ceases to be employed by the employer.

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  2. Canada Labour Code - R.S.C., 1985, c. L-2 (Section 127.1)
    Marginal note:Complaint to supervisor
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    • Marginal note:Supervisor or designated person

      (1.1) However, in the case of a complaint relating to an occurrence of harassment and violence, the employee may make the complaint to the employee’s supervisor or to the person designated in the employer’s work place harassment and violence prevention policy.

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    • Marginal note:Investigation of complaint

      (3) The employee or the supervisor may refer an unresolved complaint, other than a complaint relating to an occurrence of harassment and violence, to a chairperson of the work place committee or to the health and safety representative to be investigated jointly

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    • (8) The employee or employer may refer a complaint that there has been a contravention of this Part to the Head in the following circumstances:

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      • (d) in the case of a complaint relating to an occurrence of harassment and violence, the employee and the supervisor or designated person, as the case may be, failed to resolve the complaint between themselves.

    • Marginal note:Investigation

      (9) The Head shall investigate the complaint referred to in subsection (8) unless it relates to an occurrence of harassment and violence and the Head is of the opinion that

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    • Marginal note:Combining investigations — harassment and violence

      (9.2) The Head may combine an investigation into a complaint relating to an occurrence of harassment and violence with an ongoing investigation relating to the same employer and involving substantially the same issues and, in that case, the Head may issue a single decision.

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    • Marginal note:Former employees

      (12) A former employee may, within the prescribed time, make a complaint under subsection (1) relating to an occurrence of harassment and violence in the work place, in which case this Part applies to the former employee and to the employer as if the former employee were an employee, to the extent necessary to finally dispose of the complaint.

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  3. Canada Labour Code - R.S.C., 1985, c. L-2 (Section 139.1)
    Marginal note:Annual report
    •  (1) The Minister shall prepare and publish an annual report that contains statistical data relating to harassment and violence in work places to which this Part applies. The report shall not contain any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence.

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  4. Canada Labour Code - R.S.C., 1985, c. L-2 (Section 136)
    Marginal note:Appointment of health and safety representative
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    • Marginal note:Investigation — harassment and violence

      (5.1) Despite paragraph (5)(g), a health and safety representative shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.

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  5. Canada Labour Code - R.S.C., 1985, c. L-2 (Section 135)
    Marginal note:Establishment mandatory
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    • Marginal note:Investigation — harassment and violence

      (7.1) Despite paragraph (7)(e), a work place committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.

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