On March 21, 2024, a significant step was taken in strengthening protections against psychological harassment and sexual violence at work with the adoption of Bill 42, the Act to Prevent and Combat Psychological Harassment and Sexual Violence in the Workplace, by the National Assembly. This bill, introduced in November 2023 by Labor Minister Jean Boulet and sanctioned on March 27, represents a major advancement in the fight against harmful behaviors in the professional environment.
This legislative initiative aims to address deep-seated concerns within Quebec society. For example, a 2020 survey [1] revealed that nearly one in two individuals had been directly or indirectly confronted with sexualized or discriminatory acts at work. In this context, Bill 42 makes substantial changes in labor and employment law, strengthening the existing legal framework to better protect workers’ rights and ensure a safe and respectful work environment.
Bill 42 aims not only to prevent reprehensible behaviors, but also to provide effective remedies and support mechanisms for victims. Its primary objective is to establish a legislative structure to eradicate psychological harassment and sexual violence and promote a culture of mutual respect across all sectors.
Amendments to the Act Respecting Industrial Accidents and Occupational Diseases
Bill 42 introduces significant amendments to various provisions of the Act Respecting Industrial Accidents and Occupational Diseases, simplifying the claim process for workers and enhancing confidentiality and legal support.
Firstly, Bill 42 establishes two presumptions that ease the burden of proof for a worker seeking recognition of an occupational injury resulting from sexual violence. The first presumption states that a worker’s injury or illness is presumed to have occurred in the course of work if it results from sexual violence committed by the employer, a manager, or another employee. The second presumption states that a worker’s illness occurring within three months of experiencing sexual violence at work is presumed to be an occupational injury [2]. These presumptions thus allow workers to assert their rights more easily.
Secondly, Bill 42 implements restrictions on information sharing between healthcare professionals and employers regarding a worker’s medical file. Information exchanges will now be limited to essential elements, allowing the employer only to receive a summary and a notice enabling them to exercise their rights [3]. Notably, fines of $1,000 to $5,000 are stipulated for healthcare professionals who violate this provision [4].
Additionally, Bill 42 extends the period during which workers can file a claim with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) from six months to two years for cases of sexual violence [5].
Lastly, Bill 42 provides that if the Administrative Labor Tribunal determines that an occupational injury is likely due to harassment and reserves its decision, the deadline for taking legal action begins on the date of this decision, provided that no prior claim or notification has been submitted to the CNESST for the same injury [6].
Amendments to the Act Respecting Labor Standards
Bill 42 also amends the Act Respecting Labor Standards, increasing obligations regarding the prevention and management of psychological harassment in the workplace.
Bill 42 broadens the employer’s obligations in preventing and managing harassment, requiring them to take all reasonable steps to prevent psychological harassment from any person, including clients and suppliers, and to stop such behavior when it is brought to their attention [7].
Bill 42 details the minimum content of the harassment prevention policy that employers must develop and make accessible. The policy must now include:
- Methods used to identify, control, and eliminate risks of psychological harassment;
- Specific information and training programs on harassment prevention for employees and those designated by the employer to handle complaints or reports;
- Recommendations on behaviors during work-related social activities;
- Procedures for filing a complaint or report with the employer, the designated person to handle it, and information on the follow-up to be provided by the employer;
- Measures to protect those involved in harassment situations and those who cooperated in handling a complaint or report;
- Procedures for addressing harassment situations, including those applicable during an employer-conducted investigation;
- Measures to ensure the confidentiality of complaints, reports, information, or documents received, and the retention period for documents created or obtained in handling harassment situations, which must be at least two years [8].
This policy is now an integral part of the prevention program or action plan that employers must implement under the Occupational Health and Safety Act [9].
Moreover, Bill 42 eliminates the possibility of including amnesty clauses in collective agreements for violent behavior at work, ensuring that disciplinary records related to violence (physical, psychological, or sexual) cannot be ignored when applying sanctions for similar acts [10]. This change allows employers to apply progressive discipline in cases of employee recidivism.
Finally, new protection against retaliation is added for employees reporting psychological harassment or participating in the management of a complaint [11]. This strengthening of employee protection aims to encourage reporting harassment and support victims and witnesses in their efforts.
Amendments to the Labor Code
Bill 42 also amends the Labor Code, notably by introducing a specialized training requirement for arbitrators handling grievances related to psychological harassment as defined by the Act Respecting Labor Standards [12]. This training will cover sexual violence, equipping arbitrators with the necessary skills and understanding to address these sensitive and complex cases appropriately.
Additionally, Bill 42 allows greater flexibility in the arbitration process for these grievances. Arbitrators will now have the authority, on their initiative or at the request of one of the parties, to convene them for a grievance hearing [13]. This approach ensures more effective grievance management by providing tailored responses to each situation.
Effective Date and Transitional Measures
Most provisions of Bill 42 came into force on the date of its sanction, March 27, 2024.
The amendments to the Act Respecting Industrial Accidents and Occupational Diseases concerning new presumptions easing the burden of proof for workers, information sharing with healthcare professionals, and the claim filing period with CNESST will come into force on September 27, 2024.
Employers will also have until this date to comply with new requirements related to their psychological harassment prevention and management policy.
The requirement for this policy to be an integral part of the employer’s prevention program or action plan under the Occupational Health and Safety Act will come into force on a date set by the Government, no later than October 6, 2025. This deadline aligns with the implementation date of certain provisions of the Act Modernizing the Occupational Health and Safety Regime concerning the prevention program and action plan [14].
