Workplace Bullying and Harassment

In British Columbia, employee’s right to health and safety in the workplace is protected by a law called the Workers Compensation Act. The government gives responsibility to implement the act to WorkSafeBC.

WorkSafeBC, the provincial safety enforcement agency, defines “bullying and harassment” as “(a) includes any inappropriate conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated” (Policies for the Workers Compensation Act, P2-21-2).

WorkSafeBC Policies for the Workers Compensation Act

Workplace Violence

The BC Occupational Health and Safety Regulation (Reg.) defines “violence” as “the attempted or actual exercise by a person, other than a worker, of any physical force so as to cause injury to a worker, and includes any threatening statement or behaviour which gives a worker reasonable cause to believe that he or she is at risk of injury,” (Reg., Sec. 4.27)

Note:  Psychological injury is not addressed in the “violence” definition under the BC OHS Regulations.

Mental Disorder 

Under the BC Workers Compensation Act,  “mental disorder” is defined as either “(i) is a reaction to one or more traumatic events arising out of and in the course of the worker’s employment, or (ii) is predominantly caused by a significant work-related stressor, including bullying or harassment, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker’s employment” (Workers Compensation Act, Sec. 135 (1)).

Under this Act, employees are entitled to compensation for a mental disorder cause by workplace bullying or harassment.

Workers Compensation Act (gov.bc.ca)

Workplace Harassment

The Manitoba Workplace Safety and Health Act and Regulation (Reg.) defines “harassment” as: “(a) objectionable conduct that creates a risk to the health of a worker; or (b) severe conduct that adversely affects a worker’s psychological or physical well-being.”  The Reg. also clarifies that conduct includes a written or verbal comment, a physical act or gesture or a display, or any combination of them and is considered “(a) objectionable, if it’s based on race, creed, religion, colour, sex, sexual orientation, gender-determined characteristics, marital status, family status, source of income, political belief, political association, political activity, disability, physical size or weight, age, nationality, ancestry or place of origin; or (b) severe, if it could reasonably cause a worker to be humiliated or intimidated and is repeated, or in the case of a single occurrence, has a lasting, harmful effect on a worker.” (Manitoba WSH Act and Reg., Sec. 1.1.1(1)).

2022 Manitoba Workplace Safety and Health Act and Regulation (gov.mb.ca)

Workplace Violence

The Manitoba Workplace Safety and Health Regulation (Reg.) defines “violence” as: (a) the attempted or actual exercise of physical force against a person; and (b) any threatening statement or behaviour that gives a person reasonable cause to believe that physical force will be used against the person (Reg., Sec. 1.1).

Note:  Psychological injury is not addressed in the “violence” definition under the Manitoba Workplace Safety and Health Regulations.

Workplace Harassment

The New Brunswick General Regulation 91.191 under the OHS Act, defines “harassment, in a place of employment,” as “any objectionable or offensive behaviour that’s known or ought reasonably to be known to be unwelcome, including bullying or any other conduct, comment or display made on either a one-time or repeated basis that threatens the health or safety of an employee, and includes sexual harassment” (Reg., Sec. 1)

91-191 – General (gnb.ca)

Workplace Violence

The New Brunswick OHS General Regulation (Reg.) defines “violence, in a place of employment, as the attempted or actual use of physical force against an employee, or any threatening statement or behaviour that gives an employee reasonable cause to believe that physical force will be used against the employee, and includes sexual violence, intimate partner violence and domestic violence” (Reg., Sec. 2).

Note: Psychological injury is not addressed in the “violence” definition under the New Brunswick OHS Regulations.

Workplace Harassment

The Newfoundland Occupational Health and Safety Regulations under the OHS Act, defines “workplace harassment” as “inappropriate vexatious conduct or comment by a person to a worker that the person knew or ought to have known would cause the worker to be humiliated, offended or intimidated” (Regs., Sec. 22(2)).

It is not till section “Harassment Prevent Plan” do we see the word bullying “included in a statement of the worker’s obligation to take reasonable care to not engage in bullying or workplace harassment, report observations or experiences of bullying and workplace harassment, and comply with the harassment prevention plan” (Regs., Sect 24.1 (2))

NLR 5/12 – Occupational Health and Safety Regulations, 2012 under the Occupational Health and Safety Act (assembly.nl.ca)

Workplace Violence

The Newfoundland Occupational Health and Safety Regulations (Regs.) define “violence” as “the attempted or actual exercise of physical force to cause injury to a worker and includes threatening statements or behaviour which gives a worker reason to believe that he or she is at risk of injury” (Regs., Sec. 22(1)).

Note: Psychological injury is not addressed in the “violence” definition under the Newfoundland OHS Regulations.

Workplace Harassment

The Northwest Territories and Nunavut Occupational Health and Safety Regulations (Regs.) define “harassment” as “a course of vexatious comment or conduct at a work site that: (a) is known or ought reasonably to be known to be unwelcome; and (b) constitutes a threat at the work site to the health or safety of a worker.” To constitute harassment, either of the following must be shown to have happened: (a) repeated conduct, comments, displays, actions or gestures; or (b) a single, serious occurrence of conduct, or a single, serious comment, display, action or gesture, that has a lasting, harmful effect on the worker. (Regs., Sec. 34).

Occupational Health and Safety Regulations (gov.nt.ca)

Workplace Violence

The Northwest Territories and Nunavut Occupational Health and Safety Regulations (Regs.) define “violence” as “attempted, threatened or actual conduct of an individual that causes or is likely to cause injury, such as a threatening statement or behaviour that gives a worker a reasonable belief that he or she is at risk of injury” (Regs., Sec. 37(1)).

Workplace Bullying and Harassment

Harassment and bullying in the workplace are not in themselves prohibited grounds of discrimination under the Nova Scotia Human Rights Act.  The Nova Scotia OHS Act does not expressly cover psychological violence in the workplace.

Bullying and Harassment in the Workplace – Nova Scotia – Brookshire Law Office

Nova Scotia OHS Acts requires employers to take specific measures to protect workers against violence but not harassment—although that duty may be implied under the OHS Act general duty clause, which requires employers to take “every precaution reasonable in the circumstances to ensure the health and safety of persons at or near the workplace” (Act, Sec. 13(1)(a)).

Occupational Health and Safety Act (nslegislature.ca)

Workplace Violence

Under the OHS Reg. for Violence in the Workplace, “violence” is defined as “any of the following:

(i)     threats, including a threatening statement or threatening behaviour that gives an employee reasonable cause to believe that the employee is at risk of physical injury,

(ii)    conduct or attempted conduct of a person that endangers the physical health or physical safety of an employee.” (Reg. Sec. 2(f))

Regulations – Occupational Health and Safety – Violence in the Workplace (novascotia.ca)

Note: Psychological injury is not addressed in the “Violence in the Workplace” under the Nova Scotia OHS Regulations.

Workplace Harassment

The Ontario Occupational Health and Safety Act (Act) defines “workplace harassment” as: “(a) engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome; or (b) workplace sexual harassment” (OHS Act, Sec. 1(1)).

Workplace harassment can include unwelcome and/or repeated words or actions that are known or should be known to be offensive, embarrassing, humiliating or demeaning to a worker or group of workers. It can also include behaviour that intimidates, isolates or even discriminates against a worker or group of workers in the workplace that are unwelcome.

This definition of workplace harassment is broad enough to include harassment prohibited under Ontario’s Human Rights Code, as well as what is often called “psychological harassment” or “personal harassment.” The Ontario Human Rights Commission has a role in facilitating compliance with the Ontario Human Rights Code.

Part III.0.I: Workplace violence and workplace harassment | Guide to the Occupational Health and Safety Act | ontario.ca

Workplace Violence

The Ontario OHSA defines “workplace violence” as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes an:

• attempt to exercise physical force against a worker in a workplace, that could cause physical injury to the worker; and a
• statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker [section 1].

This may include:

• verbally threatening to attack a worker;
• leaving threatening notes at or sending threatening e-mails to a workplace;
• shaking a fist in a worker’s face;
• wielding a weapon at work;
• hitting or trying to hit a worker;
• throwing an object at a worker;
• sexual violence against a worker;
• kicking an object the worker is standing on such as a ladder; or
• trying to run down a worker using a vehicle or equipment such as a forklift.

Note: Psychological injury is not addressed in the “workplace violence” definition under the OHSA Workplace Violence.

Workplace Harassment

The Prince Edward Island Occupational Health and Safety Workplace Harassment Regulations (Regs.) define “harassment” as “any inappropriate conduct, comment, display, action or gesture or any bullying that the person responsible for the conduct, comment, display, action or gesture or the bullying knows, or ought reasonably to know, could have a harmful effect on a worker’s psychological or physical health or safety, and includes: (i) conduct that is based on any personal characteristic such as, but not limited to, race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin, gender identity or pregnancy.”

The Regs. also clarify that harassment includes both: “(a) repeated inappropriate conduct, comments, displays, actions or gestures or incidents of bullying that have a harmful effect on the worker’s psychological or physical health or safety; and (b) a single occurrence of inappropriate conduct, comment, display, action or gesture or bullying that has a harmful effect on the worker’s psychological or physical health or safety.” (Regs., Secs. 1 and 2).

Workplace Harassment Regulations (princeedwardisland.ca)

Workplace Violence

The Prince Edward Island Occupational Health and Safety Act General Regulations (Regs.) define “violence” as “threatened, attempted or actual exercise of any physical force by a person other than a worker that can cause, or that causes, injury to a worker, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that he or she is at risk of injury” (Regs., Sec. 52.1)

Note:  It should be noted that psychological injury has been defined as a part of the definition of workplace harassment.

Psychological Harassment

Quebec Labour Standards Act (Act) requires employers to protect employees against “psychological harassment,” defined as “any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee.” The Act specifies that psychological harassment “includes such behaviour in the form of such verbal comments, actions or gestures of a sexual nature” and that one act may be enough to constitute psychological harassment “ (Act, Sec. 81.18).

Section 81.18 | Commission des normes de l’équité de la santé et de la sécurité du travail – CNESST (gouv.qc.ca)

Workplace Harassment

The Saskatchewan Employment Act (Act) defines “harassment” as “any inappropriate conduct, comment, display, action or gesture by a person: (i) that either: (A) is based on race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size overweight, age, nationality, ancestry or place of origin; or (B) adversely affects the worker’s psychological or physical well-being and that the person knows or ought reasonably to know would cause a worker to be humiliated or intimidated; and (ii) that constitutes a threat to the health or safety of the worker” (Act, Sec. 3-1(1)).

To constitute harassment, either of the following must be shown to have happened: (a) repeated conduct, comments, displays, actions or gestures; or (b) a single, serious occurrence of conduct, or a single, serious comment, display, action or gesture, that has a lasting, harmful effect on the worker. (Act, Sec. 3-1(4)).

Saskatchewan Employment Act, S-15.1 (worksafesask.ca)

Workplace Violence

The Saskatchewan Occupational Health and Safety Regulations (Regs.) define “violence” as “the attempted, threatened or actual conduct of a person that causes or is likely to cause injury, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that the worker is at risk of injury” (Regs., Sec. 37(1)).

Workplace Harassment

According to the Yukon Worker’s Safety and Compensation Board Regulations, Workplace harassment is “generally understood as any objectionable comments or behaviours that we know, or should know, are likely unwelcome. This includes any inappropriate comments or objectionable behaviour relating to a worker’s sex, sexual orientation, gender identity or gender expression, age, disability, religious beliefs or ethnic background. Examples include sexual advances, bullying, insults, threats, inappropriate jokes or images, gossip, vandalism and isolation.”

Violence and harassment (wcb.yk.ca)

Workplace Violence

Yukon Occupational Health and Safety Regulations (Regs.) define “violence” as “any of the following that occurs in a workplace or is work-related: (a) the threatened, attempted, or actual exercise of physical force by a person that causes, or is likely to cause, an injury to a worker; or (b) a threatening statement made or any conduct engaged in by a person that gives a worker reasonable cause to believe that the worker is at risk of injury; (2) In these Regulations, harassment of a worker by a person (a) means bullying, or any other objectionable conduct or inappropriate comment, by the person” (YOHSA Regs Sec. 1.02).

Workers’ Safety and Compensation Board (wcb.yk.ca)