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BF Legislation

Legislation by Province

The following table is adapted from The Canadian Initiative on Workplace Violence, copyright 2010,

FEDERAL Legislation

Workplace Violence Definition:

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’] …”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)
Websites: Bill C-451 – An act to prevent psychological harassment in the workplace in Canada
www.labour.gov.on.ca
www.ohrc.on.ca (Ontario Human Rights Commission)
Bill C-451, an act to prevent Psychological Harassment and workplace bullying has passed its first reading in the house of commons in Canada in September 2003. Designed to amend the Canadian Labour code it did not pass final reading in 2004
   

PROVINCIAL Legislation

Workplace Violence Definition:

   

BRITISH COLUMBIA

 
   
Relevant Statutes:  
Workers Compensation Act, SBC 2002, C. 56
Occupational Health and Safety Regulations, B.C. Reg 296/97 [‘OHSR’]
…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/she is at risk.” (OHSR, s. 4,27).New legislation came into effect July 2012.
Websites:  
http://www.worksafebc.com  
   

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
…”the threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury.” (Code s.1)
Websites:  
http://employment.alberta.ca  
   

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
…” 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))
Website:  
http://www.labour.gov.sk.ca  
   

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)
…”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:

“…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)

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

ONTARIO

 
   
Relevant Statutes:  
Occupational Health and Safety Act, [R.S.O. 1990, Chapter 0.1] …” 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)

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

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
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”.

Language written into collective agreements of unionized employees

Websites:  
www.csst.cq.ca  
   

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
No definition regarding workplace violence at this time.
   
Websites:  
http://www.worksafenb.ca  
   

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’]
…” 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)
Websites:  
http://www.wcb.pe.ca  
   

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
…”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)Nova Scotia is working on domestic violence in the workplace as well as workplace mental health initiatives, however these are voluntary
Websites:  
http://www.gov.ns.ca/enla/ohs  
   

NEWFOUNDLAND AND LABRADOUR

 
 
Relevant Statutes:  
Occupational Health and Safety Act, R. S.N.L. 1990, c. 0-3 [‘OHSA’] No legislation regarding workplace violence at this time.
Websites:  
http://www.whscc.nf.ca  
   

NANAVUT

 
   
Relevant Statutes:  
Nunavut Act. S.C. 1993, c 28The Nunavut Act. adopts as law ordinances of the NWT regarding Occupational Health and Safety No legislation regarding workplace violence at this time.
   
Websites:  
http://www.gov.nu.ca  
   

NORTHWEST TERRITORIES

 
   
Relevant Statutes:  
Safety Act. R.S.N.W.T. 1988, c. S-1 [‘SA’] No legislation regarding workplace violence at this time.
   
Websites:  
http://www.gov.nt.ca  
   

YUKON

 
   
Relevant Statues:  
Occupational Health and Safety Act, R.S.Y. 2002, c. 159 [‘OHSA’] No legislation regarding workplace violence at this time.
   
Websites:  
http://www.gov.yk.ca  

 

Appendix C – Organizations Dealing with Children and Youth

Bullying.org is dedicated to increasing the awareness of bullying ad to preventing, resolving and eliminating bullying in society.Founder Bill Belsey Bullying.org is a collaborative project that has three goals which are to help people understand that;

  • they are not alone in being bullied,
  • being bullied is not their fault, and
  • there are many positive alternatives to dealing with bullying.

 

BullyingCanada was created on December 17, 2006 by Katie Neu, and Rob Frenette, in order to provide support, information and resources on the topic of bullying.BullyingCanada also provides a 24/7 telephone support service: 1-877-352-4497 or by email: support@bullyingcanada.ca Vision is to ensure there are proper laws in place to protect and To help everyone with bullying and to ensure no one else goes through the horrors the Founders went through. To try and reach international communities and raise as an international force to help end bullying. Our most important vision is to ensure there are proper laws in place to protect not only the victim but also the bystander and bully. Such laws need to be in place so that everyone is protected.
[ view less ] help victims, bystanders, bullies, parents, school officials and the community at large to understand, deal with, handle and end bullying. We are the first youth created anti-bullying website in Canada
   
PREVNet (Promoting Relationships and Eliminating Violence Network) is Canada’ authority on research and resources for bullying prevention. PREVNet is an umbrella network of 65 leading Canadian research scientists, more than 90 graduate students, and 52 youth-serving organizations.Launched in 2006 with the Networks of Centres of Excellence, PREVNet’s mission is to stop bullying in Canada and to promote safe and healthy relationships for all Canadian children and youth. Led by Scientific Co-directors Dr. Debra Peppler of York University and Dr. Wendy Craig of Queen’s University.PrevNet.ca Calling for a National Strategy. The PREVNet partnership model grew out of Canadians’ concerns about bullying and commitment to address these problems effectively. PREVNet is building a diversity of partnerships to ensure that consistency in education, assessment, intervention, and policies pertaining to bullying and to respond to the experiences and needs of all Canadian children and youth regardless of diversity such as gender, disability, ethno-racial-cultural background, sexual orientation, and economic disadvantage. The PREVNet partnership model brings expert researchers and national organization together to address issues related to bullying.
   
Children’s Rights Canada has signed the United Nations Convention on the Rights of the Child. In Article 29, the Convention specifies that education shall be directed to: The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of the sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin. As a society, therefore, we must educate children to ensure they develop positive attitudes and behaviours and avoid using their power to bully or harass others. The UN Convention on the Rights of the Child also addresses the rights of children who are at the receiving end of bullying and harassment. Article 19 of the Convention states:Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
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