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Canada: Act to prevent and fight psychological harassment and sexual violence in the workplace adopted in Quebec

  • Quebec's Bill 42, effective 27 March 2024, sets a new benchmark for labour laws related to psychological harassment and sexual violence in Quebec. It calls for employers to adopt a proactive stance in preventing harassment and ensuring a safe work environment. 
  • It introduces strategic changes across several acts, including the Labour Code and the Act respecting industrial accidents and occupational diseases.
  • The bill mandates specialised training for arbitrators on sexual violence, underscoring the commitment to informed resolution processes.
  • The introduction of legal presumptions to facilitate claims for injuries resulting from sexual violence, along with extended filing time limits, underscores a proactive approach to support workers, balancing employee well-being with organisational accountability.

Introduced by Minister of Labour Jean Boulet and receiving assent on 27 March 2, Bill 42 represents a significant shift in workplace safety norms within Quebec, enhancing protection against psychological harassment and sexual violence and introducing comprehensive measures that affect how employers manage workplace interactions and employee complaints.

Proactive Compliance Measures:

The legislation broadens the scope of employer responsibility, mandating the prevention of harassment from any party within the work environment. This holistic approach ensures that all potential sources of harassment are addressed, promoting a safer and more inclusive workplace. Employers are encouraged to view these changes as compliance requirements and opportunities to strengthen their organisational culture against harassment.

Establishing a specialised group within the Administrative Labour Tribunal (ALT) exemplifies the intent to streamline and improve handling harassment complaints. This initiative is designed to make the grievance process more accessible and practical, ensuring that cases are resolved with the necessary expertise and sensitivity.

Operational Flexibility and Enhanced Safety:

Allowing pre-hearing conferences as part of the grievance process introduces procedural flexibility that can lead to more customised and effective solutions. This flexibility is crucial for addressing the nuances of individual cases and reinforces the employer's role in facilitating a fair resolution process.

Moreover, the legislative focus on confidentiality and the severe penalties for breaching medical record protocols highlight the importance of privacy and respect for the individual circumstances of affected workers. Employers must rigorously adhere to these standards to protect employees and avoid substantial fines.

This legislation's comprehensive nature protects employees and guides employers in fostering a respectful and supportive workplace culture.