Digital Brain
digital brain
digital brain

Federal Employer’s First Annual Harassment and Violence Occurrence Report

February 11, 2022 Labour and Employment Bulletin 2 minute read

On January 1, 2021, the Canada Labour Code (the “Code”) was amended to include new Work Place Harassment and Violence Regulations (the “Regulations”).  The Regulations brought with them extensive new requirements for federal employers, including new requirements regarding training, investigating, reporting and preventing workplace harassment and violence in federally regulated workplaces.

As we pass the one year mark of the Regulations coming into force, federal employers should be aware that reporting requirements under the Regulations are about to kick in and they are required to file their first Annual Harassment and Violence Occurrence Report (the “Report”) on or before March 1, 2022.  The Report must include information relating to any occurrences of harassment or violence for which a notice of occurrence was provided to the employer pursuant to the Regulations during the 2021 year. Specifically, the Report must include the following information:

  • Business name (or name of person reporting);
  • Business number (as defined in subsection 248(1) of the Income Tax Act;
  • The name of the person who can be contacted in respect of the report;
  • The following in respect of any Notice of Occurrences which occurred in 2021:
    • the total number of occurrences;
    • the number of occurrences that were related, respectively, to sexual harassment and violence and non-sexual harassment and violence;
    • the number of occurrences that resulted in the death of an employee;
    • if known, the number of occurrences that fell under each prohibited ground of discrimination set out in subsection 3(1) of the Canadian Human Rights Act;
    • the locations where the occurrences took place, specifying the total number of occurrences that took place in each location;
    • the types of professional relationships that existed between the principal and responding parties, specifying the total number for each type;
    • the means set out in section 32 by which resolution processes were completed and, for each of those means, the number of occurrences involved; and
    • the average time, expressed in months, that it took to complete the resolution process for an occurrence.

The report can be completed online by completing a form provided at the following link: Here

The requirement to file the annual Harassment and Violence Occurrence Report coincides with other annual filing obligations of Federal Employers, including the requirement to file an annual Workplace Committee Report and an annual Hazardous Occurrence Report.  Both reports are also due on or before March 1, 2022.

by Dianne Rideout and Kyle Lambert

A Cautionary Note

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2022

Insights (5 Posts)

Featured Insight

Corporate Counsel Webinar | Beyond the Basics: Tools and Strategies to Create a More Inclusive Legal Work Environment

Join our guest speaker, Jodie Glean-Mitchell, Executive Director of Equity, Diversity and Inclusion, from the University of Toronto as we invite participants to dive deeper into the intricacies of intersectional identities and experiences with (micro)aggressions and their implications for the legal work environment.

Details
Tuesday, December 13, 2022
Featured Insight

The Exclusion of Intrusion Upon Seclusion: Ontario Court of Appeal definitively determines that “Database Defendants” cannot be held liable for intrusions committed by third-party hackers

The Court of Appeal for Ontario released a trio of decisions that materially impact the viability of class actions following a data breach.

Read More
Dec 1, 2022
Featured Insight

20 More Years of Copyright Protection Starting December 30, 2022

The extension of general copyright protections from 50 years to 70 years after the life of the author shall come into force on December 30, 2022.

Read More
Nov 30, 2022
Featured Insight

Canada Embraces the Indo-Pacific: New Canadian Strategy Expands Opportunities for Two-way Trade and Investment

Canada announces new Indo-Pacific Strategy, applies to join Indo-Pacific Economic Framework, and what it all means for Canadian businesses.

Read More
Nov 30, 2022
Featured Insight

Reporting Issuers Need to be Factual and Balanced, Striving for Accurate and Comprehensive ESG reporting

The CSA cautions issuers against overly promotional "greenwashing" language in continuous disclosure in its biennial report - Staff Notice 51-364.

Read More
Nov 30, 2022