The Québec government recently adopted the Regulation respecting the measures to prevent or put a stop to sexual violence (the “Regulation”), which will come into force on May 27, 2027, except for the provisions relating to training, which are set to take effect the following year. The Regulation establishes new obligations for employers with respect to prevention, training, and the handling of complaints and incident reports. It is part of an effort to strengthen worker protection and promote healthy, safe and respectful workplaces.
Broader Scope and Approach to Preventing Sexual Violence
The Regulation sets out the measures that employers must implement to prevent or put a stop to sexual violence. Prior to this, the Act to prevent and fight psychological harassment and sexual violence in the workplace underscored the importance of this issue by adding a definition of “sexual violence” to the Act respecting occupational health and safety. This concept includes any form of violence of a sexual nature or any unwanted conduct of a sexual nature, whether expressed through gestures, actions, comments, behaviours or attitudes, and whether it occurs once or repeatedly.
In this context, the Regulation confirms a broad approach to employer obligations, which apply not only within the workplace but also to situations that may arise outside it, including during work-related social activities or through technological means. Employers must also consider the range of interactions that may give rise to such situations, whether involving colleagues, superiors or third parties, such as clients.
Enhancing Obligations Relating to Employee Information and Training
In terms of prevention, the Regulation introduces a formal obligation to inform employees about sexual violence in the workplace. Accordingly, employers must provide all employees with written information tailored to their specific work environment. This information must include the identified risks of sexual violence, interactions likely to give rise to such situations, the measures in place to eliminate or control them, and the internal procedure for filing a complaint or reporting an incident. This requirement reflects recent amendments to the Act respecting labour standards, which now prescribe detailed minimum content for policies on preventing and managing situations of psychological harassment, including a specific section relating to conduct of a sexual nature.
Furthermore, the Regulation now requires employers to provide training on preventing sexual violence. When the applicable provisions take effect on May 27, 2028, all employers will be required to have provided such training to all employees, who will then be required to complete it again at least every three years. The training will have to specifically address the definition of sexual violence, how it might be expressed, its effects on individuals and the workplace, the rights and obligations of those involved, the available resources and remedies, and recommended best practices, including when witnessing such a situation. It must also be provided by a person with the necessary knowledge and skills to identify and analyze workplace-specific risks.
A Clear Procedure for Processing Complaints and Incident Reports
The Regulation also requires employers to implement clear and accessible procedures governing how complaints and incident reports are received and handled. In particular, this procedure must set out the steps to be followed both for filing complaints and incident reports and for processing them. Employers will therefore be required to designate a competent person, who will be responsible for receiving and processing complaints or incident reports impartially.
The Regulation also emphasizes the need to handle reported incidents diligently. During the process, employers will need to take steps to prevent any escalation of risk and establish control measures when risks are identified.
Moreover, the procedure must be made available in the workplace to ensure accessibility and transparency. The Regulation also states that any person filing a complaint or incident report may be accompanied by a person of their choice, thereby strengthening the procedural safeguards provided to workers.
Practical Considerations for Employers
Overall, this new regulatory framework reflects a clear legislative intent to strengthen prevention and provide more effective protection against sexual violence. Given these new obligations, employers should ensure that risk assessments and prevention measures are kept up to date to reflect changes in the work environment, while ensuring that clear and accessible information is communicated to employees. They should also plan proper training by ensuring it can be delivered by someone with the required training, experience or knowledge, review or improve their complaint procedures to ensure compliance, and designate a competent and impartial person to oversee the process. Finally, demonstrating compliance with regulatory requirements will require updating internal policies and carefully documenting the steps taken.
