By: Iffat Ritter

Federal and Provincial Regulations Differ

Every employer is subject to the laws governing Occupational Health and Safety (OHS), which includes the prevention and management of harassment complaints.   However, the definitions of harassment differ between Federal and Provincial Legislation. 

The definition that applies to you and your organization is dependent on whether you are federally or provincially regulated.  If you are not sure whether you are Federally or Provincially regulated, this link may assist you:   Is your business federally regulated or provincially regulated ?

If your industry or organization is required to follow employment and labour law under the Federal Statutes, then the definitions set out in your organization’s Harassment Policy will be slightly different from an organization that is required to follow Provincial Legislation.

Federally governed or regulated industries and organizations are required to follow the  Canada Labour Code, (Part 2 deals with OHS), and the associated Canada Labour Standards Regulations:  Federal labour standards – Canada.ca.

Provincially regulated organizations are governed by  The Saskatchewan Employment Act   and    The Saskatchewan Employment (Labour Relations Board) Regulations, 2021 .

Federal definitions of harassment

The Canada Labour Code Part II defines harassment as:

S 122 (1) harassment and violence means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment;

The Treasury Board of Canada’s Directive on the Prevention and Resolution of Workplace Harassment and Violence and the Work Place Harassment and Violence Prevention Regulations, also apply to all federally regulated workplaces.

The Policy on Harassment Prevention and Resolution (PHPR), defines harassment as:

“Improper conduct by an individual, that is directed at and offensive to another individual in the workplace, including at any event or any location related to work, and that the individual knew or ought reasonably to have known would cause offence or harm. It comprises objectionable act(s), comment(s) or display(s) that demean, belittle, or cause personal humiliation or embarrassment, and any act of intimidation or threat.”

The PHPR includes harassment defined within the Canadian Human Rights Act, based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and pardoned conviction.

Provincial Definitions of Harassment

In Saskatchewan, the definitions of harassment are a bit more specifically clarified and divided into categories of harassment based on prohibited grounds, personal harassment and sexual harassment.

Harassment based on prohibited grounds includes any inappropriate conduct, comment, display, action or gesture by a person that is made on any prohibited grounds defined in The Saskatchewan Human Rights Code, 2018 and constitutes a threat to the health or safety of the worker.  The prohibited grounds in the Saskatchewan Human Rights Code include:

Religion, Creed, Marital or Family Status, Sex (including sexual harassment and pregnancy discrimination), Sexual Orientation, Mental or Physical Disability, Age (Over 18 Years), Color, Ancestry, Nationality, Place of Origin, Race or Perceived Race, Receipt of Public Assistance, Gender Identity, and Physical Weight or Size.

Personal harassment includes any inappropriate conduct such as bullying, comments, display, action, or gesture by a person that negatively affects a worker’s psychological or physical well-being, that the instigator knows or ought to have known would cause humiliation or intimidates, and which constitutes a threat to the safety or health of a worker.  The behaviour of the instigator may be repeated or may only involve one incident that is severe enough to have a lasting harmful effect.

Personal harassment can include, but is not limited to:

• verbal or written abuse or threats;
• insulting, derogatory or degrading comments, jokes or gestures;
• personal ridicule or malicious gossip;
• malicious or unjustifiable interference with another’s work;
• work sabotage;
• refusing to work or co-operate with others; or
• interference with, or vandalism of personal property.[1]

Sexual harassment can be verbal, written, visual, or a physical act. It may be a single incident or a series of incidents. It is unsolicited and unwelcome.  Sexual harassment may include but is not limited to the following behaviour:

• sexual remarks;
• “jokes” with sexual overtones;
• a sexual advance or invitation;
• displaying offensive pictures or photographs;
• threats;
• leering;
• physical contact like touching, patting, pinching or brushing against; or
• sexual and physical assault.[2]

Regardless of which set of statutes and regulations govern your particular organization, both require stringent compliance with the law with respect to having proper policies and procedures in place to prevent harassment in any form and to deal with harassment complaints, which are mandatory for employers to investigate.  There are also mandated reviews of policy and procedure required by both Federal and Provincial legislation every few years.

In 2024, there were changes made to the Federal Labour Standards, in 2024-2025 to the Employment Rights Bill and to Bill C-58. Employers should keep updated on these changes to ensure their policies conform to the new laws.

The Government of Saskatchewan has also passed new legislation amending The Saskatchewan Employment Act, which will take effect on January 1, 2026.

How Procido LLP Can Help

If you are an employer that does not have a workplace harassment policy in place and requires assistance in the preparation of such policies, or if you have experienced an incident of harassment in the workplace and require an investigation to be conducted, or if you simply want to provide education to your employees, Procido LLP would be pleased to assist you in meeting your obligations under law. Feel free to reach out to Procido LLP Senior Counsel, Iffat Ritter with any inquiries, at iffat.ritter@procido.com.

Disclaimer

This publication is provided as an information service and may include items reported from other sources. We do not warrant its accuracy.

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[1] Bullying and Harassment in the Workplace | Hazards and Prevention in Saskatchewan Workplaces | Government of Saskatchewan

[2] Ibid