The Occupational Health and Safety Act in Ontario makes it mandatory for the employer to maintain and implement a policy to ensure its workforce remains free from threats of workplace violence and harassment. The Act makes the investigation of such complaints compulsory. In addition, the policy developed by the company must state how the complaint is to be reported and in what manner the complaint is to be investigated. ¹

The policy must include steps and procedures to permit employees to report workplace harassment. It must also explain the process in place by which the employer will investigate and deal with complaints.

Harassment is defined broadly and will include sexual harassment. The actual words used define workplace harassment as “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome”.

The law applies to all provincially regulated employers in the province. Where the number of employees is six or greater, the policies must be in writing and posted in the business premises.

If there was any doubt as to the necessity of the employer to create a sexual harassment policy, this legislation will quickly remove it. A complainant under the Human Rights Code may well argue that the failure to develop and implement such a policy will give rise to a section 5 violation in itself.

B.C. has a similar requirement under its “Workplace Conduct” Rules ²which mandates the report and investigation of “improper activity or behaviour”. ³

The statute of the N.W.T. contains a similar requirement as that of Ontario to develop and anti-harassment policy and to investigate all complaints made under it. ⁴

Saskatchewan has also in place such a similar legislative mandate dealing with harassment and workplace violence. ⁵

The Canada Labour Code contains a similar provision dealing with workplace violence. ⁶

P.E.I. mandates that each company issue a policy statement with respect to sexual harassment, in consultation with its employees, in essence describing the obligation to allow for a workplace free of such conduct and the avenue for redress. The legislation does not specifically mandate an investigation but that is the clear direction of the statute. ⁷

A draft policy is attached which is compliant with all mandates set out above.