By Sean Kelly, G. Grant Machum, ICD.D, and Brendan Sheridan

The long-awaited Regulations outlining the substance of these new obligations were released on the afternoon of August 25.[1] 

Key takeaways from the new Regulations include:

• Policies must include following definition of harassment:

“workplace harassment” means a single significant occurrence or a course of repeated occurrences of objectionable or unwelcome conduct, comment or action in the workplace, including bullying, that, whether intended or not, degrades, intimidates or threatens, and includes all of the following, but does not include any action taken by an employer or supervisor relating to the management and direction of an employee or the workplace:

(i)         workplace harassment or bullying that is based on any personal characteristic, including, but not limited to a characteristic referred to in clauses 5(1)(h) to (v) of the Human Rights Act,

(ii)        inappropriate sexual conduct, including, but not limited to, sexual solicitation or advances, sexually suggestive remarks or gestures, circulating or sharing inappropriate images or unwanted physical contact.

• Policies must contain statements that:
  • The Employer:
    • will not disclose information obtained in relation to the complaint unless: (1) required by law; (2) required for investigation purposes; or (3) required for taking corrective action in response to a complaint;
    • will not reprimand or seek reprisals against employees who make complaints in good faith;
    • is not intending to discourage employees from exercising other legal rights pursuant to the law by implementing a harassment policy.
  • Employees:
    • are entitled to employment free of workplace harassment;
    • have an obligation not to engage in workplace harassment;
    • are encouraged to report workplace harassment.
• As part of each Policy, employers are required to commit to:
  • ensuring, as far as reasonably practicable, that no employee will be subjected to workplace harassment;
  • investigating all complaints of workplace harassment;
  • taking appropriate corrective action regarding any person under the employer’s direction that subjects an employee to workplace harassment.
• Policies must outline procedures for recognizing, preventing, responding to, reporting (to the employer/supervisor or otherwise), and investigating workplace harassment complaints.
• Policies must also include procedures to inform the complainant and subject of the complaint of the result of the investigation or any corrective action that has been or will be taken.
• Employers are required to review their Policy every 3 years, Policies must be updated “as necessary” and training must be provided to Employees in relation to the Policy.

If you require support in preparing or updating your Policy, do not hesitate to contact a member of Stewart McKelvey’s labour and employment group.

Given these time-sensitive requirements, updates to existing policies should begin as soon as possible. For further information please join our Webinar on Thursday, August 28 at 10:00 ADT.  To express an interest in attending, please email events@stewartmckelvey.com.