What Is It?
Workplace harassment is addressed through two separate but overlapping legal frameworks in Canada: occupational health and safety (OHS) legislation (which focuses on the employer’s duty to provide a safe workplace) and human rights codes (which address harassment based on protected grounds like sex, race, disability, etc.). Most employees focus on human rights complaints and overlook the OHS route — but OHS complaints are often faster, free, and compel immediate employer action.
The Employer’s OHS Obligations
Under every provincial OHS act and Part II of the Canada Labour Code (for federal employees), employers have a legal duty to address workplace harassment:
Federal employers (Canada Labour Code, Part II, ss. 122, 125):
- Must have a workplace harassment and violence prevention policy
- Must investigate all workplace harassment/violence complaints within 45 days
- Must offer a negotiated resolution process, followed by a conciliation and investigation process if unresolved
- Must implement corrective measures following an investigation
Ontario (Occupational Health and Safety Act):
- Employers with 6+ employees must have a written workplace harassment policy
- Must investigate complaints and report findings to the complainant and respondent within a reasonable time
- Inspector orders can compel investigation by a neutral third party
BC (WorkSafeBC):
- OHS regulations require employers to have a bullying and harassment prevention program
- Employers must respond to reports within a reasonable time and take corrective action
The Key Advantage: Mandatory Investigation
Unlike filing a human rights complaint (which can take 12–36+ months), an OHS complaint about harassment triggers a specific legal obligation for the employer to investigate. An OHS officer can inspect the workplace, review investigation records, and issue orders requiring the employer to conduct a proper investigation.
How to File an OHS Harassment Complaint
Federal (Canada Labour Code): Submit a complaint directly to your employer. If they fail to respond within the required timelines, file with the Labour Program (ESDC): canada.ca/en/employment-social-development/services/labour-standards.
Provincial:
- Ontario: Ministry of Labour, Immigration, Training and Skills Development — ontario.ca/labour
- BC: WorkSafeBC — worksafebc.com
- Alberta: OHS Contact Centre — 1-866-415-8690
What Most People Don’t Know
- OHS harassment protection covers psychological harassment, not just physical harm. A “poisoned work environment” created through repeated hostile conduct (bullying, exclusion, humiliation) qualifies.
- You can file an OHS complaint AND a human rights complaint. The two processes run in parallel and address different things. OHS focuses on workplace safety; human rights focuses on discrimination based on protected grounds.
- Reprisal for filing an OHS complaint is itself a violation. If you are disciplined, demoted, or terminated for reporting harassment or filing a complaint, that reprisal is a separate OHS offence.
- The investigation report belongs to you (at least in part). Federal employees are entitled to receive a copy of the investigation report findings. Provincial rules vary.
Frequently Asked Questions
My harasser is my supervisor. Will the employer really investigate fairly?
You can request that the investigation be conducted by an independent third party — under federal rules and under many provincial OHS standards, a complaint about a supervisor may warrant an external investigator. Document the conflict of interest in writing when making your complaint.
What’s the difference between the OHS complaint and a human rights complaint?
OHS harassment complaints cover any repeated harmful conduct in the workplace — it doesn’t matter whether it’s related to a protected characteristic (race, sex, disability, etc.). Human rights complaints cover harassment that is connected to a protected ground. Many harassment situations qualify for both; some (pure workplace bullying without a discriminatory element) only qualify for OHS.
I work in a small business with fewer than 6 employees. Do OHS harassment rules apply?
The policy-writing requirements may not apply to small businesses, but the employer’s general duty under OHS legislation to provide a safe workplace still applies. Additionally, human rights codes apply to all employers regardless of size.
I was told my complaint was “investigated” and “unfounded.” What can I do?
Request a copy of the investigation summary or findings in writing. If you believe the investigation was inadequate (no witness interviews, rushed, conducted by someone with a conflict of interest), file a complaint with the provincial OHS authority or federal Labour Program. An OHS officer can review whether the investigation met the required standard.