Does my employer have to have a harassment policy?
Short answer
In Quebec, every employer must prevent psychological harassment and, where such conduct is brought to its attention, take reasonable steps to put a stop to it. The employer must also make available a policy on preventing and dealing with harassment situations, the minimum content of which has been prescribed by law since September 27, 2024 (s. 81.19 of the Act respecting labour standards).
In detail
That minimum content was introduced by the Act to prevent and fight psychological harassment and sexual violence in the workplace (Bill 42), assented to on March 27, 2024. The policy must in particular set out the methods and techniques used to identify, control and eliminate risks, the information and training programs, the measures for dealing with situations, and the process for handling reports.
The employer's obligation is an obligation of means, not of result. It has two parts: preventing, and putting a stop to the conduct once it has been informed. The fact that an employer was unaware of a situation does not necessarily release it, if the means of prevention required by the Act were not in place.
The CNESST (Quebec's labour standards, health and safety board) has published tools and a model policy to help employers comply.
What to document
The company's policy, its date and how it was made available to you, the reporting procedure it sets out, your report and its date, the steps the employer took afterwards, and the exchanges that followed. What matters is being able to show that the employer was informed, when, and what happened next.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Act respecting labour standards (CQLR, c. N-1.1) — Légis Québec
- CNESST — Policy on preventing and dealing with psychological harassment
- Assemblée nationale du Québec — Bill 42
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.