How long do i have to file a workplace harassment complaint?
Short answer
In Quebec, any complaint about psychological harassment must be filed with the CNESST (Quebec's labour standards, health and safety board) within 2 years of the last incident of that conduct (s. 123.7 of the Act respecting labour standards).
In detail
The starting point is not the first incident but the last incident of the conduct. For a situation that stretches over months, it is therefore the last event that starts the time limit running — which is why dating each incident matters.
This remedy requires no seniority. It is open to non-unionized employees; people covered by a collective agreement go through the grievance procedure in principle, since the agreement is deemed to contain the provisions of the Act on harassment.
If the complaint is found to be well founded, the Tribunal administratif du travail (TAT, Quebec's labour tribunal) may in particular order reinstatement, payment of the wages that were lost, the funding of psychological support, as well as other measures. Since 2024, it may also order punitive and moral damages in certain circumstances connected with an employment injury.
What to document
A dated log of each incident — date, time, place, what was said, witnesses — the messages and emails kept in their original form, the reports you made to the employer with their dates, the replies you received, and the medical documents. The date of the last incident is the one to watch for the time limit.
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 — Interpretation guide, section 123.7
- CNESST — Recourses and grounds for complaints under the labour standards (PDF)
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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.