Workplace Bullying Policy (Canada)

A Workplace Bullying Policy in Canada is a legally binding written instrument.S.C. 1985, c. L-2).

At the federal level, the Canada Labour Code (R.S.C., 1985, c. L-2) Part II, as amended, and the Work Place Harassment and Violence Prevention Regulations (SOR/2020-21) — in force since January 1, 2021 — require federally regulated employers to develop and implement a thorough harassment and violence prevention program that includes a written prevention policy, workplace assessment, prevention measures, an occurrence response procedure, support measures for employees, and mandatory investigative training.

In Ontario, the Occupational Health and Safety Act (R.S.O. 1990, c. O.1) — specifically the amendments introduced by the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009 — requires employers with five or more employees to: prepare and post a written workplace harassment policy; develop and maintain a workplace harassment program; review the policy and program at least annually; and provide information and instruction on the policy and program to all workers. Ontario's OHSA defines 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, and expressly includes workplace sexual harassment.

In British Columbia, WorkSafeBC's Occupational Health and Safety Regulation under the Workers Compensation Act addresses bullying and harassment as a workplace hazard. Employers in BC are required to have a bullying and harassment prevention program that includes a written policy, procedures for workers to report incidents, and a process for investigating complaints. The BC Human Rights Code (R.S.B.C. 1996, c. 210) additionally prohibits harassment based on protected characteristics including race, colour, ancestry, place of origin, religion, marital status, family status, sex, sexual orientation, gender identity or expression, age, and disability.

In Quebec, the Act Respecting Labour Standards (ARLS, CQLR c N-1.1), section 81.18, defines psychological harassment (harcèlement psychologique) as any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee's dignity or psychological or physical integrity and that results in a harmful work environment for the employee. Quebec law uniquely recognizes that a single serious incident of hostile conduct can also constitute psychological harassment under section 81.18, without the requirement for repeated conduct. Complaints are handled by the Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST).

A Workplace Bullying Policy in Canada is needed by all employers to comply with mandatory provincial occupational health and safety and human rights legislation, and to protect the organization from the significant legal and reputational consequences of unaddressed workplace bullying.

Employers with five or more employees in Ontario are legally required under section 32.0.1 of the OHSA to have a written workplace harassment policy. Failure to maintain the policy, post it in the workplace, and review it at least annually can result in orders, stop-work orders, and prosecution by the Ontario Ministry of Labour, Immigration, Training and Skills Development, with fines up to CAD $100,000 for individuals and CAD $1.5 million for corporations per conviction under section 66(1) of the OHSA.

Federally regulated employers — banks, telecommunications companies such as Bell Canada and Rogers Communications, airlines such as Air Canada, and interprovincial transportation companies — must comply with the Work Place Harassment and Violence Prevention Regulations (SOR/2020-21) regardless of workforce size. The regulations require a prevention plan that is jointly developed by the employer and the workplace committee or health and safety representative, reviewed every three years, and filed with Employment and Social Development Canada upon request.

Healthcare employers in all provinces face elevated legal exposure because healthcare workers — nurses, personal support workers, paramedics — experience among the highest rates of workplace violence and harassment of any sector in Canada. Provincial healthcare occupational health and safety requirements (such as Ontario's Regulation 67/93 under the OHSA for health care and residential facilities) impose additional obligations on healthcare employers beyond the general OHSA framework.

Educational institutions — school boards, colleges, and universities — must have workplace bullying policies that address not only employee-to-employee conduct but also conduct by students and parents toward staff. Ontario school boards are subject to both the OHSA and the Education Act (R.S.O. 1990, c. E.2), which contains additional provisions addressing harassment of school staff.

Small businesses with fewer than five employees in Ontario are exempt from the mandatory policy requirement but remain subject to human rights complaints before the Human Rights Tribunal of Ontario and constructive dismissal claims if they allow a poisoned work environment to persist. Having a written policy — even without a legal obligation — significantly reduces exposure to these claims.

A legally compliant Canadian Workplace Bullying Policy contains the following essential components, each of which addresses a specific legal requirement or risk management objective.

The policy statement and purpose clause establishes the employer's commitment to a workplace free from bullying, harassment, and psychological harm. The statement should reference the applicable legislation — the OHSA in Ontario, the Workers Compensation Act and OHSR in British Columbia, the ARLS in Quebec, or the Canada Labour Code for federally regulated employers — and state clearly that bullying and harassment are prohibited regardless of the perpetrator's seniority.

The definitions clause precisely defines workplace bullying and harassment in terms consistent with the applicable statutory definition. For Ontario, the definition must mirror section 1 of the OHSA (vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome). The policy should also define what does not constitute workplace harassment — the OHSA expressly excludes reasonable management actions such as performance reviews, workload assignments, and scheduling decisions from the definition — to reduce meritless complaints.

The prohibited conduct clause provides concrete examples of conduct that violates the policy, drawn from Ontario Human Rights Commission guidance and WorkSafeBC practice advisories. Examples include: verbal abuse, threats, yelling, and insults; deliberate exclusion or isolation of an employee; sabotaging an employee's work or reputation; excessive or unreasonable supervision or micromanagement aimed at humiliating an employee; spreading malicious rumours; and electronic bullying through email, messaging platforms, or social media.

The reporting procedure clause establishes a clear process for employees to report bullying incidents, including the name and contact information of the designated recipient of complaints — typically the Human Resources Manager or a designated harassment officer — and an alternative reporting channel if the respondent is the designated recipient. Reports should be accepted verbally and in writing, and the process should be accessible to employees with disabilities.

The investigation procedure clause specifies the steps the employer will take upon receiving a complaint: acknowledging receipt within a specified period; assigning an impartial investigator (internal or external); notifying the respondent of the complaint; providing both parties with an opportunity to present evidence; maintaining confidentiality to the extent permitted by the investigation; completing the investigation within a defined timeframe (typically 90 days); preparing a written investigation report; and communicating the outcome to the complainant and respondent within a specified period of the report's completion.

The corrective action clause specifies the range of disciplinary measures available if a complaint is substantiated, from mandatory training and formal apology through to written reprimands, demotion, suspension, and termination of employment. The clause should state that the severity of corrective action will be proportionate to the severity of the misconduct and any prior disciplinary history.

The non-retaliation (anti-reprisal) clause prohibits any adverse action against a complainant, witness, or other participant in the investigation. Under section 50 of the Ontario OHSA, reprisals against workers who exercise rights under the Act are prohibited, and complaints of reprisal may be filed with the Ontario Labour Relations Board. The clause should state that retaliation is itself a disciplinable offence.

Under the Canada Labour Code (R.S.C. 1985, c. L-2), the Canada Industrial Relations Board adjudicates federal workplace disputes. Provincial employment standards legislation — including Ontario's Employment Standards Act 2000 and British Columbia's Employment Standards Act (RSBC 1996) — governs minimum employment terms. The Personal Information Protection and Electronic Documents Act (PIPEDA) governs private-sector data handling. The Canada Revenue Agency (CRA) administers source deductions and Canada Pension Plan (CPP) contributions. The forms-legal.com Workplace Bullying Policy (Canada) template covers the mandatory elements under Canada Labour Code (R.S.C. 1985, c. L-2). The Occupational Health and Safety Act 1990 (Ontario, Section 32.0.1) defines workplace harassment and requires employers to develop and maintain a written workplace harassment policy. The Occupational Health and Safety Act 1990 (Ontario, Section 32.0.3) requires employers to conduct workplace harassment investigations. The Workers Compensation Act 2019 (British Columbia, Section 115) requires employers to prevent workplace bullying and harassment. The Occupational Health and Safety Act 2017 (Alberta, Section 3) imposes a duty on employers to address psychological hazards including bullying. The Act Respecting Labour Standards 2002 (Quebec, Section 81.18) defines psychological harassment and entitles employees to a harassment-free workplace. The Canada Labour Code 1985 (Section 247.1) prohibits psychological harassment in federally regulated workplaces. The Human Rights Code 1990 (Ontario, Section 5) prohibits harassment based on protected grounds. The Canadian Human Rights Act 1985 (Section 14) prohibits harassment in federally regulated workplaces. The Employment Standards Act 2000 (Ontario, Section 50.1) provides job-protected leave for employees experiencing harassment. The Workplace Safety and Insurance Act 1997 (Ontario, Section 13) covers chronic mental stress claims arising from workplace bullying.