Other definitions you need to know as defined under the Regulations and Code.
Regulations: Work Place Harassment and Violence Prevention Policy
Code: Canada Labour Code
For More detailed explanations, please read the SMS Manual Work Place Harassment and Violence Prevention Policy.
"Occurrence"
As defined in the Regulations: "...an occurrence of harassment and violence in the work place". (Incident)
"workplace"
As defined in the Code: "...any place where an employee is engaged in work for the employee's employer" Therefore, an employee's "workplace" is not limited to only the building and facilities that have been provided to them by the employer. Instead, an employee’s workplace follows them wherever they are performing work for their employer. An employee’s work place can include public spaces, third-party premises, and even the employee’s residence if the employer has allowed them to work-from-home.
Given this interpretation of “workplace,” if you are exposed to harassment and violence at any location, while performing work for your employer, this would constitute an “occurrence” of harassment and violence under the Regulations. This includes incidents that arise out of or are linked with employment, such as:
- incidents while on travel status, or
- after work functions organized by the employer
"Notice of occurrence"
It means a complaint of an occurrence of violence or harassment.
"Principal Party"
Means the party who experienced the violence or harassment. Refers to the person who is the object of an occurrence referred to previously as the “complainant.”
"Responding Party"
It means the party against whom the complaint of violence or harassment is made. "...the person who is alleged to have been responsible for the occurrence in notice of an occurrence provided under subsection 15(1)". Refers to the person alleged to be responsible for the occurrence, referred to previously as the “respondent.”
"Witness"
Refers to a person who witnessed an occurrence or is informed of an occurrence by the principal party or responding party.
"Applicable Partner"
Refers to the policy committee or, SMS/Health & Safety Coordinator, if there is no policy committee, the work place committee or the health and safety representative.
"Designated Recipient"
It means a work unit in a work place or person that is designated by an employer under section 14. An employer must designate a person or work unit as the designated recipient to whom notice of an occurrence may be provided.
The Regulations allow employers to select either a person or a work unit to act as the designated recipient. The person or work unit does not need to be an employee in the workplace. For example, the designated recipient could be:
- an Elder in the community, or
an association or third party organization that has been hired to fulfill the role of a designated recipient
- A work unit could refer to a group of people, such as the Human Resources department, the Labour Relations department, etc.
Employers should consider the following when choosing the designated recipient:
the person or work unit should have no direct personal or working relationship with any of the parties involved and no personal interest in the outcome of the matter, and the person or work unit should be able to protect the confidentiality and privacy of the matter as required by the Regulations.
"General employee protections"
Section 147 of the Code prohibits employers from taking, or threatening to take, any punitive or disciplinary action against employees who have acted in accordance with the Code and associated Regulations. If you, as an employee, believe your employer has violated this provision, you may notify your designated recipient or appropriate personnel in your organization (such as someone in the Human Resources department). If this is not successful, under section 133 of the Code you may file a complaint with the appropriate board, as applicable, such as:
- the Canada Industrial Relations Board, or
- the Federal Public Sector Labour Relations and Employment Board, as applicable
"Former Employees"
125(4) of the Act if a former employee demonstrates in an application to the Head of Compliance and Enforcement that they were unable to make the occurrence known to the employer within the time period because they incurred trauma as a result of the occurrence or because of a health condition.
Time period to make complaint for a former employee
4 For the purpose of subsection 127.1(12) of the Act, a former employee may make a complaint under subsection 127.1(1) of the Act until the day that is the later of
(a) three months after the day on which the former employee ceases to be employed by the employer, and
(b) if notice of the occurrence was provided under subsection 15(1), three months after the day on which the resolution process is completed in respect of the occurrence.
No, there is no time limit for you to submit a notice of an occurrence of harassment and violence to your employer. However, lapse of time may impact the employer’s ability to properly assess the situation. You are therefore encouraged to submit your notice as soon as you are able to. If the responding party identified in the notice of an occurrence is no longer in the workplace, the employer will not be required to pursue an investigation. Instead, the employer will have to conduct a review and update of the workplace assessment, as required by paragraph 6(1)(b) of the Regulations.
"AOHS" = Aviation Occupational Health and SAfety.
"ESDC" = Employment and Social Development Canada.