role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 11, Speaking Out About, and Reporting On, Workplace Violence and Harassment Act, 2022

Gélinas, France

Andrew, Jill

Bell, Jessica

Lindo, Laura Mae

Please select

View bill

Status

Debates

Acts affected

Original

Bill 11 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Occupational Health and Safety Act .

The

provisions of the Act protecting workers against reprisals are amended to include

protections against reprisals against workers who speak out about workplace

violence and workplace harassment. The amendments provide that a reprisal is

any measure taken against a worker that adversely affects the worker’s

employment. Examples of reprisals are provided.

The

provisions of the Act addressing violence and harassment against workers are

amended to provide that an employer that is a hospital and an employer that is

a long-term care home shall, at least once a month, publicly report on its

website the number of incidents of workplace violence and workplace harassment

that took place at the hospital or the long-term care home, as the case may be,

during the immediately preceding month.

Bill 11 2022

Act to amend the Occupational Health and Safety Act to protect workers who

speak out about workplace violence and harassment and to require hospitals and

long-term care homes to publicly report on workplace violence and harassment

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Section 32.0.2 of the Occupational Health and Safety Act

is amended by adding the following subsection:

Hospitals

and long-term care homes, public reporting

(3) An

employer that is a hospital and an employer that is a long-term care home shall,

at least once a month, publicly report on its website the number of incidents

of workplace violence that took place at the hospital or the long-term care

home, as the case may be, during the immediately preceding month.

Section 32.0.6 of the Act is amended by adding the following subsection:

Hospitals

and long-term care homes, public reporting

(3) An

employer that is a hospital and an employer that is a long-term care home

shall, at least once a month, publicly report on its website the number of

incidents of workplace harassment that took place at the hospital or the

long-term care home, as the case may be, during the immediately preceding

month.

Subsection 50 (1) of the Act is repealed and the following substituted:

discipline, dismissal or other forms of reprisal

(1) No

person, including an employer, shall take a reprisal against a worker because

the worker, in good faith,

(

a) acts

or has acted in compliance with this Act or the regulations or an order made

under this Act;

(

b) seeks

or has sought advice about a possible contravention of this Act or the

regulations or the enforcement of this Act or the regulations;

(

c) seeks

or has sought the enforcement of this Act or the regulations;

(

d) assists

or has assisted with the activities of a joint health and safety committee or

health and safety representative;

(

e) seeks

or has sought the establishment of a joint health and safety committee or the

designation of a health and safety representative;

(

f) performs

or has performed the function of a joint health and safety committee member or

occupational health and safety representative;

(

g) refuses

or has refused to perform

an act or series of acts that the worker reasonably

believes violate this Act or the regulations;

(

h) gives

or has given information to a joint health and safety committee, a member of

the joint health and safety committee, a health and safety representative, a

trade union, an inspector or any other person responsible for the

administration of this Act or the regulations;

(

i) makes

a report of workplace violence or workplace harassment or a report of any other

contravention of this Act or the regulations to an employer, supervisor, joint

health and safety committee or member of a joint health and safety committee,

health and safety representative, trade union or inspector;

(

j) participates

in a workplace violence or workplace harassment investigation or in any other

health and safety investigation;

(

k) is

about to testify or has testified or otherwise given evidence in a proceeding

in respect of the enforcement of this Act or the regulations or in an inquest

under the Coroners Act ; or

(

l) provides

information to the public or makes a disclosure or complaint to the public

about workplace violence, workplace harassment or any other possible

contravention of this Act or the regulations.

Same

(1.1) For

the purposes of subsection (1), a reprisal is any measure taken against a

worker that adversely affects the worker’s employment, and includes, without

limiting the generality of the foregoing,

(

a) ending

or threatening to end the worker’s employment;

(

b) demoting,

disciplining or suspending, or threatening to demote, discipline or suspend, a

worker;

(

c) imposing

or threatening to impose any penalty related to the worker’s employment,

including any penalty such as layoff, transfer, discontinuation or elimination

of a job, change of a job location, reduction in wages or change in hours of

work; or

(

d) intimidating

or coercing a worker in relation to the worker’s employment.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Speaking Out About, and Reporting On, Workplace Violence and

Harassment Act, 2022 .

Date Bill stage Event Outcome Committee

August 23, 2022

First Reading

Ordered for Second Reading

August 23, 2022

First Reading

Vote

Carried

First Reading

August 23, 2022

Carried