Last month, Quebec passed Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace, expanding an employer’s obligations to protect Quebec-based employees from workplace harassment and violence.
As we discussed in our earlier post – Workplace Harassment and Violence: What Employers Need to Know – historically, Quebec did not have a workplace harassment and violence regime similar to what we see in other provinces (i.e, requiring detailed policies, training and investigations). Prior to Bill 42, Quebec set out general protections from psychological violence and harassment in its health and safety and employment standards legislation.
In an effort to establish stronger protections for employees, Bill 42 establishes more detailed requirements respecting psychological harassment and sexual violence in the province of Quebec. Except where otherwise noted (below) these changes are in force now.
So, what new legal obligations does Bill 42 establish for Quebec employers?
Definitions of Psychological Harassment & Sexual Violence
Under the Act respecting labour standards, psychological harassment means:
- any vexatious behaviour in the form of repeated and hostile/unwanted conduct, verbal comments, actions or gestures (including of a sexual nature)
- that affects an employee’s dignity or psychological or physical integrity
- resulting in a harmful work environment for the employee.
Bill 42 clarified that employers must protect employees from psychological harassment from “any person”. This means that an employer’s duties go beyond protection from co-workers – they must protect employees from harassment from customers and suppliers, for example.
Under the Act respecting occupational health and safety, employers have a duty to protect employees from physical or psychological violence in the workplace, including sexual violence.
Bill 42 added a definition of sexual violence, which means “any form of violence targeting sexuality or any other misconduct, including unwanted gestures, practices, comments, behaviours or attitudes with sexual connotations, whether they occur once or repeatedly, including violence relating to sexual and gender diversity”. So, even an isolated action can meet this definition.
Policy Statements & Prevention Programs
Quebec has long required employers to have a policy statement on psychological harassment prevention and complaint processing. Bill 42 specifies what must be addressed in the policy statement, including:
- methods for identifying, controlling and eliminating the risks of psychological harassment
- information and employee training provided to employees
- complaint procedures.
Employers have some time to prepare their policy statement in accordance with the new requirements, as this Bill 42 change comes into force on September 27, 2024. But keep in mind that employees who do not meet these requirements may be subject to fines of up to $6000 for a first offence and up to $12,000 for subsequent offences.
Once Bill 59 (which revamps Quebec’s health and safety legislation) is effective, employers will also have to ensure that their health and safety prevention programs and action plans take into account their psychological harassment policy. (It is not yet clear when Bill 59 will come into force – stay tuned for a future post.)
Training
Policy statements must specify the training programs on psychological harassment that are offered to employees.
In addition, arbitrators who hear grievances (referred on or after March 27, 2025) regarding psychological harassment must receive training on sexual violence.
Employment Agreements
Bill 42 adds certain contract restrictions related to employee violence. Specifically, employment agreements cannot prevent an employer from taking into account previous employee discipline for physical or psychological violence, including sexual violence, when imposing discipline for a new case of misconduct relating to those forms of violence.
Employee Complaints
Employees who report psychological harassment targeting another person will be protected from reprisals.
When complaints of psychological harassment are settled, the parties may agree not to keep the settlement confidential, provided that they specify this in their settlement agreement and indicate in the agreement when it takes effect.
Protections for Trainees
Workplace trainees are also covered by many of these changes. Corresponding amendments were made to the Act to ensure the protection of trainees in the workplace respecting the scope of psychological harassment, policies and reprisals.
Worker’s Compensation
Bill 42 also includes several changes to the Act respecting industrial accidents and occupational diseases, which will come into force on September 27, 2024, including:
- Presumed Injury/Occupational Disease: A worker’s injury or disease will be presumed to be work-related when it is due to sexual violence in the workplace. Further, a worker’s disease arising within 3 months of the worker suffering sexual violence at the workplace will be presumed to be an employment injury. The onus will then be on the employer to counter this presumption. Workers will have to file claims for an injury or occupational disease due to sexual violence within 2 years of the injury or of becoming aware of the disease.
- Medical Records: Employers’ rights to access workers’ medical records held by the Commission des normes, de l’équité, de la santé et de la sécurité du travail will be further restricted, and there will be specific offences for contravening any of these rules.
Use Compliance Works to Pull Together a Bill 42 Summary in Minutes
Compliance Works makes it easy to understand how amendments to HR laws affect your organization. In a matter of minutes, you can create a Bill 42 report, which includes an overview of the upcoming changes plus plain language summaries of the current requirements. And you can add notes to incorporate these changes into your workflow.
Check out this video to see how easy it is to get up to speed on changes to employment laws. Or contact us to start a free trial!
