Workplace harassment and violence prevention regulations: Frequently Asked Questions

On this page

• What is Bill C-65 (42-1)?
• What are the key changes?
• What is the new definition of harassment?
• Who does this Regulation apply to?
• How is this regulation different from the previous process (DAOD 5012)?
• As a public service employee, what does this mean for me?
• As a supervisor/manager, what does this mean for me?
• How do I report harassment and violence?
• I have witnessed harassment and violence in the workplace. Can I report it?
• What happens once I submit a Notice of Occurrence?
• Can I submit a Notice of Occurrence anonymously?
• What support is available to public service employees who are either a principal party, witness or responding party in a workplace harassment and violence occurrence?
• What preventative measures can I expect through this process?
• What is the process for cases reported prior to January 1st 2021?
• Which policy applies to an incident of harassment and violence in the workplace between a CAF member and a public service employee?
• What support is provided to the Responding Party?
• Is the mandatory Workplace Harassment and Violent Prevention training applicable to CAF members?
• Family Violence Prevention: What this means for Defence Team Members?
• I have questions about these new regulations. Who can I contact?

What is Bill C-65 (42-1)?

Bill C-65 (42-1) came into force on January 1, 2021 and is an Act to amend the Canada Labour Code (CLC) Part II and now refers to the Work Place Harassment and Violence Prevention Regulations. The Regulations introduced a number of amendments to strengthen the existing framework for harassment and violence prevention. This includes sexual harassment and sexual violence, discrimination as well as family violence, in federally regulated industries and workplaces.

What are the key changes?

The Regulations streamline and consolidate harassment and violence provisions under Part II (Occupational Health and Safety) of the Canada Labour Code. The Regulations strengthen and define prevention, resolution and support mechanisms to effectively manage occurrences of harassment and violence in the workplace.

• Introduces a more comprehensive definition of harassment and violence;
• Focuses on prevention and identifying root causes for harassment and violence in the workplace;
• Mandates supervisors/managers to follow steps towards a resolution process within specific timeframes when responding to notifications of harassment and violence;
• Mandates harassment and violence prevention training;
• Adds robust privacy and confidentiality requirements; and
• Adds new employer obligations towards former employees.

What is the new definition of harassment?

The Canada Labour Code (subsection 122(1)) defines harassment and violence as "any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment". This also includes any negative behaviours based on the prohibited grounds of discrimination identified in the Canadian Human Rights Act.

The definitions for harassment and violence have been updated in the regulations and include but are not limited to the Harassment and Violence in the Workplace Negative Behaviours Matrix. Harassment is not consensual workplace banter, reasonable management action, and every workplace disagreement.

Who does this Regulation apply to?

The Regulations apply to all Department of National Defence (DND) Public Service employees and Canadian Armed Forces members (CAF members) involved in an occurrence with a DND employee, or any person granted access to the workplace. When an occurrence only involves members of the Canadian Armed Forces (CAF), the following mechanisms will continue to apply:

• Defence Administrative Orders and Directives (DAOD) 5012-0 Harassment Prevention and Resolution
• A-PM-007-00/FP-001 Harassment Prevention and Resolution Instructions (PDF, 625 KB)
  • With respect to occupational health and safety, the workplace is defined as any place where an employee is engaged in work for the employee’s employer. (Based on subsection 122(1) of the Canada Labour Code, Part II). Work by a DND employee for the DND or the CAF includes, but is not limited to:
    1. telework or remote work to the extent that the activities of the DND employee are controlled by the DND or the CAF;
    2. instruction, training or information sessions approved by the DND or the CAF;
    3. attendance at events, including social events, approved by the DND or the CAF;
    4. attendance at meetings and conferences approved by the DND or the CAF;
    5. travel status to the extent that the DND employee’s activities are controlled by the DND or the CAF; and
    6. use of communication technology, including social media platforms, with a connection to the workplace or employment conditions. (Defence Terminology Bank record number 695683)

How is this regulation different from the previous process (DAOD 5012)?

These Regulations simplify the process for employees who experience or witness harassment and violence in the workplace to report it. By providing easier ways to report occurrences; informal means to resolving it and a streamlined process to investigate it, DND will have better means to prevent it from recurring.

The previous legal framework was fragmented and did not adequately address occurrences of sexual harassment, sexual violence, and discrimination or include family violence. In response to these issues, the Government of Canada committed to taking action to ensure that federal work places are free from harassment and violence. The new Regulations now consolidate harassment and violence provisions (including sexual harassment and sexual violence) under Part II (Occupational Health and Safety) of the Canada Labour Code paving the way for a more streamlined approach to prevention, response and support. The new Workplace Harassment and Violence Prevention Centre of Expertise (WHVP CoE) within Director General Conflict Prevention and Resolution (DGCPR) also includes a Designated Recipient Unit for employees with concerns about reporting an occurrence to their supervisor/manager.

The employee is also provided more options in reaching a resolution. They can choose whether to resolving the occurrence through an informal resolution process or through a third-party investigator. The employee can change which recourse option they pursue at any time and/or processes can run in parallel.

As a public service employee, what does this mean for me?

These Regulations simplify the process for employees who experience or witness harassment and violence in the workplace to report it. By providing easier ways to report occurrences; informal means to resolving it and a streamlined process to investigate it, DND will have better means to prevent it from recurring.

You can report an occurrence of harassment and violence to your supervisor/manager. Should you not feel comfortable in doing so, you can contact the Designated Recipient (DR) unit instead and a DR will be assigned to support you.

The DR can provide you with advice on cases of harassment and violence, they can also accompany you through the reporting process, explain the steps involved, the resolution options and most importantly ensure that you feel safe, heard and involved in your own process.

The DR are here to actively and empathetically listen to your lived experience without any judgements. The process is confidential and no decision will be made without your consent. You will be informed of every step in the process. You may also be accompanied by a family member, a friend, a trusted colleague or your union representative.

As a supervisor/manager, what does this mean for me?

Supervisors/Managers are the first line of defence in preventing harassment and violence in the workplace. They are expected to lead by example, support their employees and exemplify the values and ethics of the Defence Team.

A supervisor’s/manager’s role is ensuring a safe and healthy workplace for all employees which includes addressing any occurrence of harassment and violence as early as possible. An employee or witness who experiences workplace harassment and violence may choose to report it verbally or in writing to their supervisor/manager or the designated recipient.

As a supervisor/manager, if you receive a Notice of Occurrence (NoO), you must conduct an initial review ensuring all information provided is complete and assess the urgency of the resolution, including any immediate actions required to efficiently address risks to the health and safety of the workplace and to protect those involved. You must also inform the Workplace Harassment and Violence Prevention (WHVP) Centre of Expertise within seven calendar days. The infographic, Workplace Harassment and Violence Prevention Reporting and Resolution Process summarizes the process.

A Policy Manual has also been developed to support you in resolving a reported NoO. In addition, templates are at your disposal to facilitate communication.

How do I report harassment and violence?

An employee or witness who experiences harassment and violence in the workplace should report it as soon as possible. Please refer to the Reporting Harassment and Violence in the Workplace Process for more information:

• Report the occurrence to your supervisor/manager
  • Verbally; or
  • in writing by submitting the Notice of Occurrence form;
  • if the occurrence involves your supervisor or manager, you must submit the Notice of Occurrence to the Designated Recipient.
• Report the occurrence to the Designated Recipient
  • In writing by submitting the Notice of Occurrence form by email to the Designated Recipient at DesignatedRecipientHVP-DestinataireDesignedelaPHV@forces.gc.ca; or
  • Verbally by calling the secure voicemail 1-833-451-1604.

I have witnessed harassment and violence in the workplace. Can I report it?

Yes. Harassment and violence prevention is everyone’s responsibility. If you witness an occurrence, you can submit a Notice of Occurrence by following the Reporting Harassment and Violence in the Workplace Process.

What happens once I submit a Notice of Occurrence?

Once a Notice of Occurrence is received by a manager/supervisor or a Designated Recipient, you should receive an acknowledgement of receipt within seven calendar days. Refer to the Reporting Harassment and Violence in the Workplace Process Infographic for more information.

Can I submit a Notice of Occurrence anonymously?

Yes. A principal party or a witness may choose to provide an anonymous Notice of Occurrence. If an occurrence is submitted by a witness or anonymously and a principal party is named, the employer or designated recipient will contact the principal party to ask if they wish to begin the resolution process. If the principal party does not wish to participate in the resolution process, the occurrence is considered closed. However, should a Notice of Occurrence be submitted and the principal party cannot be identified or chooses to remain anonymous, it will be shared with the local Workplace Health and Safety Committee (WHSC) that will review and, if necessary, update the workplace harassment and violence assessment and determine if any additional preventative measures are required. All information regarding the identity of parties must not be provided to the WHSC to maintain privacy and confidentiality of the person(s) involved. This includes any reference to work locations, dates, division/group names or additional information that would directly or indirectly reveal the identity of a person involved.

What support is available to public service employees who are either a principal party, witness or responding party in a workplace harassment and violence occurrence?

Support services are available to all parties involved in the occurrence process, including the responding party. A detailed list of these services can be found on the support services section of the main web page.

What preventative measures can I expect through this process?

In its nature, this Regulation’s process is preventative and restorative not punitive or adversarial. Whether the process goes through a negotiated resolution, conciliation or an investigation the recommendations will remain preventative as they address the workplace. Examples of preventative measures are:

• Revising hiring practices through training, consultants, targeted advertisements or blind hiring to prevent discrimination.
• Reviewing SOPS in order to clarify roles and responsibilities to prevent miscommunication and overlap.
• Encourage management to initiate discussions on discrimination, harassment and violence, diversity and inclusion as well as how to be an effective ally through tailored workshops.
• Develop internal procedures on reporting interpersonal conflict and/or harassment and violence prior to it escalating to a Notice of Occurrence.
• Creating a list of mandatory trainings that can foster a safer and inclusive workplace (Unconscious biases, accessibility learning series, LGBTQ learning series…).
• Listening to lived experiences in order to learn better and do better
• Seeking advice from various resources across DND: SMSRC, DAGS, WHVP CoE
• Offering acting opportunities and trainings to encourage professional development

Note: this list is not exhaustive and may vary from one case to another

What is the process for cases reported prior to January 1^st 2021?

A harassment complaint initiated prior to January 1, 2021 falls under the previous policy (accessible only on the National Defence network) outlined in the Harassment Prevention and Resolution Instructions (see section 4.2), as well as the Prevention of Violence in the Workplace Policy (accessible only on the National Defence network).

Accordingly, the complaint would be channelled through the Responsible Officer, or the next Chain of Command, should the Responsible Officer be named in the complaint.

For more information or support with this process, please contact Labour Relations (accessible only on the National Defence network).

Which policy applies to an incident of harassment and violence in the workplace between a CAF member and a public service employee?

Occurrences reported after 1 January 2021, involving a CAF member and a DND Public Service employee, will fall under the new Workplace Harassment and Violence Prevention policy.

When an occurrence only involves members of the Canadian Armed Forces (CAF), the following apply:

• DAOD 5012-0 Harassment Prevention and Resolution
• A-PM-007-00/FP-001 Harassment Prevention and Resolution Instructions (PDF, 625 KB)

What support is provided to the Responding Party?

The new regulations instil a preventative approach towards harassment and violence occurrences. The regulations support all parties involved in an occurrence and prevent adversarial or punitive measures.

The responding party is entitled to support throughout the process similar to that of the principal party, as applicable. During the resolution process you have the right to be represented or accompanied by a colleague, union representative, friend or family member for support. DND also offers support services to all employees and their family members who are affected by workplace harassment and violence in the workplace through the confidential Employee Assistance Program (EAP).

Is the mandatory Workplace Harassment and Violent Prevention training applicable to CAF members?

All CAF members must complete the required training, even those who do not supervise Public Service employees, at their earliest convenience.

CAF members now have access to learning products and services offered through the Canada School of Public Service (CSPS). CSPS is creating new accounts for all CAF members, and will send updates by email once accounts are created. If an email is not registered in monitor mass, CSPS will work to enable registration via service number. For any questions about registering, please contact CAF.RegistrationRequiredTraining@forces.gc.ca.

Family Violence Prevention: What this means for Defence Team Members?

The inclusion of Family Violence in the Workplace Harassment and Violence Prevention policy empowers Defence Team members to come forward in order to establish a safety plan with their supervisors/managers.

To support Defence Team members in addressing Family Violence in the workplace, the Workplace Harassment and Violence Prevention (WHVP) Centre of Expertise has developed a Family Violence: Supervisor’s Guide. The guide includes a step by step action plan, appropriate resources and a template for an Individualized Family Violence Safety Plan to ensure the safety of the Defence Team member as well as other personnel.

In addition to the guide, the WHVP Centre of Expertise also offers a new Family Violence in the Workplace Presentation. The presentation is an opportunity for Defence Team members to learn about the types of family violence, the cycle, the warning signs, the responsibilities of employers and employees and available resources to all parties involved.

To schedule a presentation or for questions regarding the Family Violence supervisor’s guide please contact the WHVP Centre of Expertise.

I have questions about these new regulations. Who can I contact?

If you have any questions about the Workplace Harassment and Violence Prevention Regulations, please visit the following web page: Workplace harassment and violence prevention regulations for Defence Team Public Service Employees, call CCMS at 1-833-328-3351 or email the WHVP Centre of Expertise at WHVPCoE-PHVCE@forces.gc.ca.

Back to top