By Blaine Lucas, President & CEO, 308 Consulting & Strategy Group Inc.
In Canada, the duty to investigate allegations of harassment, discrimination, and workplace misconduct is not only an ethical obligation but also a legal one. Each province and territory in Canada has established its own legal framework governing workplace conduct, specifically addressing how employers must handle complaints related to harassment, discrimination, and other forms of wrongdoing. This blog post will explore the key requirements across Canada and the legislation that mandates these duties.
The Duty to Investigate
Across Canada, employers are legally required to ensure a safe and healthy work environment, free from harassment and discrimination. This responsibility includes promptly and thoroughly investigating any allegations of wrongdoing. Investigations must be fair, impartial, and conducted with a focus on confidentiality. Failure to investigate or improperly handling complaints can expose employers to significant legal liabilities, including lawsuits for wrongful dismissal, human rights violations, and damages for emotional distress.
Federal Legislation: Canada Labour Code
For federally regulated workplaces (such as banking, telecommunications, and transportation sectors), the Canada Labour Code mandates that employers must investigate complaints of harassment and violence. Under Bill C-65, which came into force in 2021, employers are required to establish and implement workplace harassment and violence prevention policies, train employees, and ensure all complaints are investigated and resolved effectively.
Provincial Requirements and Legislation
Ontario: Occupational Health and Safety Act (OHSA)
In Ontario, under the Occupational Health and Safety Act (OHSA), employers are legally obligated to investigate all complaints of workplace harassment and violence. As part of the Bill 132 amendment, employers must also create written policies on workplace harassment and conduct investigations where warranted. Investigations must be documented, and the results must be communicated to the involved parties.
British Columbia: Workers Compensation Act: British Columbia addresses workplace harassment through the Workers Compensation Act, which requires employers to have policies in place for preventing bullying and harassment. Employers must investigate any reports of harassment promptly and take corrective action. Failure to investigate can result in penalties under WorkSafeBC regulations.
Alberta: Occupational Health and Safety Act. Alberta’s Occupational Health and Safety Act requires employers to investigate incidents of workplace harassment and violence. The legislation mandates that employers take corrective measures and provide support to the affected employees. Investigations must be thorough, and failure to act can lead to penalties and legal liabilities under Alberta’s OHSA.
Manitoba: The Workplace Safety and Health Act. Under Manitoba’s Workplace Safety and Health Act, employers are required to investigate all complaints of harassment and violence. The province’s Bill 211, which strengthens protections for workers, mandates the creation of harassment prevention policies and requires prompt investigation of complaints.
Quebec: Act Respecting Labour Standards. Quebec has its own framework through the Act Respecting Labour Standards, which includes provisions against psychological harassment. Employers must take steps to prevent harassment and investigate complaints as soon as they arise. Failure to act can result in claims filed with the Commission des Normes, de l’Équité, de la Santé et de la Sécurité du Travail (CNESST).
Nova Scotia: Occupational Health and Safety Act. Nova Scotia’s Occupational Health and Safety Act also mandates that employers investigate workplace harassment and violence. Like other provinces, the employer must ensure that complaints are handled impartially, confidentially, and effectively.
New Brunswick: Occupational Health and Safety Act. New Brunswick’s Occupational Health and Safety Act requires employers to have policies and procedures in place for investigating complaints related to harassment. Employers must investigate these complaints and take corrective actions to prevent further issues.
Prince Edward Island: Occupational Health and Safety Act. PEI’s Occupational Health and Safety Act enforces the need for workplaces to be free from harassment. Employers are required to investigate any reports of harassment or discrimination to maintain a safe working environment.
Newfoundland and Labrador: Harassment-Free Workplace Policy. The Harassment-Free Workplace Policy requires employers to investigate all harassment complaints. Investigations should be impartial and protect the rights of both the complainant and the respondent.
Saskatchewan: Occupational Health and Safety Regulations. Saskatchewan mandates that employers investigate harassment complaints under the Occupational Health and Safety Regulations. Investigations must be handled confidentially and should lead to actions that eliminate the harassment.
Northwest Territories and Nunavut: Safety Acts. Both the Northwest Territories and Nunavut require employers to investigate any workplace harassment or violence under their respective Safety Acts. Employers are required to ensure investigations are fair, and corrective actions are taken to protect employees.
Yukon: Occupational Health and Safety Act. The Yukon’s Occupational Health and Safety Act mandates employers to investigate harassment and violence claims in the workplace. Employers must ensure that complaints are investigated thoroughly and that measures are taken to prevent further incidents.
The Process of Investigation
While there are some differences across provinces, the investigation process generally follows a similar structure:
Immediate Response: Employers must respond to complaints promptly.
Fair and Impartial Investigation: Investigations must be unbiased, ensuring that both the complainant and respondent are heard.
Confidentiality: Investigations must be conducted with strict confidentiality to protect all involved parties.
Documentation: Employers must document the investigation process and its findings.
Corrective Actions: Based on the results, employers are required to implement corrective actions to prevent future occurrences.
Communication: Employers must communicate the investigation results to the complainant and the respondent
Why Investigations Matter
Properly investigating workplace harassment and discrimination is crucial for creating a respectful and inclusive work environment. Failing to investigate can lead to legal repercussions, damage to the organization’s reputation, and lower employee morale.
At 308 Consulting & Strategy Group Inc., we specialize in conducting thorough and impartial workplace investigations that meet provincial and federal requirements. We work with organizations to ensure that complaints are handled effectively and that workplace policies align with legal obligations.