Canadian Health & Safety Legislation

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The government of British Columbia has tabled amendments to Bill 14 which will expand the definition of violence and require employers to have formal prevention plans. "Bill 14 is a significant piece of legislation for workers and employers," said Minister of Labour, Citizens' Services and Open Government Margaret MacDiarmid. "We need to make sure we have the legislation right and that its intentions are clear."

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Federal | British Columbia | Alberta | Saskatchewan | Manitoba | Ontario | Quebec
New Brunswick | Nova Scotia | Newfoundland & Labrador | Prince Edward Island
Nunavut | Northwest Territories | Yukon Territory

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Federal

Relevant Statutes:

Canada Labour Code, R.S.C. 1985, c. L-2 ['CLC']
Canada Occupational Health and Safety Regulations, S.O.R./86-304['COHRS']

Websites:

www.labour.gov.on.ca
www.ohrc.on.ca (Ontario Human Rights Commission)

 

Workplace Violence Definition:

..."any action, conduct, threat or gesture of a person towards an employee in their workplace that can reasonably be expected to cause harm, injury or illness to that employee." (COHRS, s. 20.2)

Resources:

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British Columbia

Relevant Statutes:

Workers Compensation Act, SBC 2002, C. 56
Occupational Health and Safety Regulations, B.C. Reg 296/97 ['OHSR']

Websites:

http://www.worksafebc.com/

 

Workplace Violence Definition:

..."attempted or actual exercise of physical force by a person other than a worker, so as to cause injury to a worker, and includes any threatening statement or behaviour which causes a worker to reasonably believe he or she is at risk ." (OHSR, s. 4,27)

Resources:

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Alberta

Relevant Statutes:

Occupational Health and Safety Act, R.S.A. 2000, cO-2
Occupational Health and Safety Code, Part 27
Occupational Health and Safety Code ['Code'] sections 389-392

Websites:

http://employment.alberta.ca

 

Workplace Violence Definition:

..."the threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury." (Code s.1)

Resources:

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Saskatchewan

Relevant Statutes:

Occupational Health and Safety Act, R.S.A. 2000, cO-2
Occupational Health and Safety Code, Part 27
Occupational Health and Safety Code ['Code'] sections 389-392

Websites:

http://www.labour.gov.sk.ca/

Workplace Violence Definition:

..." the exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to the worker, or an attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker" (Regs, s.37)

Workplace Harassment Definition:

..." inappropriate conduct, comment, display, action or gesture based on race, creed, religion, colour, sex, sexual orientation (or other protected grounds) that adversely affects the worker's psychological or physical well-being; or constitutes a threat to the worker's health or safety. Must be repeated conduct, or single incident that causes lasting harmful effects." (OHSA, s 2(1); s. 2(3))

Resources:

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Manitoba

Relevant Statutes:

Workplace Safety and Health Act (C.C.S.M. c.W210)
Workplace Safety and Health Regulation (Parts 8-11) ['WSHR']
The Domestic Violence and Stalking Act (C.C.S.M. c. D93)

Websites:

http://www.gov.mb.ca/labour/

Workplace Violence Definition:

..."means (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..." (WSHR, s.1)

Domestic Violence Definition:

 ..." an intentional, reckless or threatened act or omission that causes bodily harm or property damage; an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or property damage; conduct that reasonably, in all the circumstances, constitutes psychological or emotional abuse; forced confinement, and sexual abuse." (Subsection 2(1.1))

Workplace Harassment Definition:

 "...means behaviour of a person, either by repeated conduct, comments, displays, actions or gestures, or by a single serious comment, display, action, gesture or occurrence of conduct, that is (i) unwelcome, vexatious, hostile, inappropriate or unwanted, (ii) based on race, creed, religion, skin colour, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin, or (iii) an improper use of the power or authority inherent in the person's position, and threatens the health or safety of the worker, endangers a worker's job or threatens the economic livelihood of the worker, undermines the worker's job performance or negatively interferes with the worker's career in any other way, adversely affects the worker's dignity or psychological or physical integrity, or results in a harmful workplace for the worker." (OHSR, s. 2(1); s. 2(3)

Resources:

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Ontario

Relevant Statutes:

Occupational Health and Safety Act, [R.S.O. 1990, Chapter 0.1]

Websites:

www.labour.gov.on.ca
www.ohrc.on.ca (Ontario Human Rights Commission)

Workplace Violence Definition:

..." workplace violence is defined as (1) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker; (2) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; or, (3) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker."

Workplace Harassment Definition:

..." as engaging in a course of vexatious comment or conduct against a worker, in a workplace – behaviour that is known or ought reasonably to be known to be unwelcome ". 

Domestic Violence Definition:

..."If an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker".(2009, c. 23, s. 3)

Resources:

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Quebec

Relevant Statutes:

An Act Respecting Labour Relations, R.S.Q., c. N-1.1 ['LS Act']
An Act Respecting Occupational Health and Safety, R.S.Q., c. 2-1.1 ['[OHS Act']
Regulation Respecting Occupational Health and Safety, c. S-2.1, 2.19,01                                          

Websites:

www.csst.qc.ca

Workplace Violence Definition:

Workplace violence is not defined

Psychological Harassment Definition:

..." means 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". 

Resources:

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New Brunswick

Relevant Statutes:

Occupational Health and Safety Act, S.N.B. 1983, c. 0-0.2 ['OHSA']
Code of Practice for Working Alone Regulation - Health and Safety Act. N.B., Reg. 92-133

Websites:

http://www.worksafenb.ca/

Workplace Violence Definition:

No definition regarding workplace violence at this time.

Resources:

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Nova Scotia

Relevant Statutes:

Occupational Health and Safety Act, S.N.S. 1996. c. 7
Violence in the Workplace Regulations, N.S. Reg. 209/2007

* These requirements apply to any workplace where the primary business is health services or emergency health services, medical services, dental services, veterinary services, blood collection services and diagnostic services, pharmaceutical-dispensing services, education services, policing services, detective services, correctional services, probation services, security services, retail sales, delivery services, financial services, taxi services, passenger transit services, gaming services or homemaker's services.                            

Websites:

www.gov.ns.ca/enla/ohs

Workplace Violence Definition:

..."threats, including threatening behaviour, that gives an employee reasonable cause to believe that he or she is at risk of physical injury, or conduct (or attempted conduct) that endangers the physical health or physical safety of an employee." (VWR, s. 2)

Resources:

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Newfoundland & Labrador

Relevant Statutes:

Occupational Health and Safety Act, R. S.N.L. 1990, c. 0-3 ['OHSA']

Websites:

http://www.whscc.nf.ca/

Workplace Violence Definition:

No legislation regarding workplace violence at this time.

Resources:

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Prince Edward Island

Relevant Statutes:

Occupational Health and Safety Act, R. S.P.E.I.. 1988, c. 0-1.01 ['OHSA']
General Regulations, P.E.I. Reg. EC180/87 ['GR']

Websites:

http://www.wcb.pe.ca/

Workplace Violence Definition:

..." the threatened, attempted or actual exercise of physical force that may cause 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." (GR. s. 52.1)

Resources:

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Nunavut

Relevant Statutes:

Nunavut Act. S.C. 1993, c 28

* The Nunavut Act. adopts as law ordinances of the NWT regarding Occupational Health and Safety

Websites:

http://www.gov.nu.ca/

Workplace Violence Definition:

No legislation regarding workplace violence at this time.

Resources:

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Northwest Territories

Relevant Statutes:

Safety Act. R.S.N.W.T. 1988, c. S-1 ['SA']

Websites:

http://www.gov.nt.ca/

Workplace Violence Definition:

No legislation regarding workplace violence at this time.

Resources:

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Yukon

Relevant Statutes:

Occupational Health and Safety Act, R.S.Y. 2002, c. 159 ['OHSA']

Websites:

http://www.gov.yk.ca/

Workplace Violence Definition:

No legislation regarding workplace violence at this time.

Resources:

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