On May 27, the Government of Quebec approved by decree the Regulation Concerning Measures to Prevent or Put an End to Situations of Sexual Violence (hereinafter the “Regulation”).
This Regulation reflects the government’s clear commitment to strengthening prevention and providing more effective protection against situations of sexual violence in all workplaces. It supplements the obligations of employers already in force under the Occupational Health and Safety Act and the Act to Prevent and Combat Psychological Harassment and Sexual Violence in the Workplace.
The Regulation will come into force on May 27, 2027, with the exception of sections 4 to 6, which will come into force on May 27, 2028.
A Look at the Concept of Sexual Violence
Sexual violence (SV) in the workplace is defined by the legislature as “any form of violence targeting sexuality or any other misconduct manifested in particular by unwanted gestures, practices, words, behaviors, or attitudes with sexual connotations, whether occurring on a single occasion or repeatedly, which includes violence related to sexual and gender diversity ”[1] .
It can manifest in various ways, including unwanted physical contact, intrusive questions about one’s private life, comments on a person’s physical appearance, sexist or homophobic behavior and remarks, sexual advances, or sexual assault.
Consent is a central element in determining whether a situation constitutes sexual violence. Generally speaking, consent cannot be considered valid when it is given in a context of power, trust, or authority; when it is withdrawn; in the event of silence or the absence of explicit opposition; or when it results from threats or coercion.
It is important to note that an employer’s obligations extend beyond the workplace and include, in particular, work-related social activities as well as communications via technological means.
Furthermore, sexual violence can occur during interactions among employees, but may also involve interactions with customers, suppliers, service users, and employer representatives.
New Obligations for Employers
Information
Effective May 27, 2027, employers must provide all employees with written information tailored to the specific workplace context, covering in particular identified risks, high-risk situations involving interactions that could lead to sexual violence, the preventive measures implemented by the employer, and the complaint or reporting procedure.
Complaint and Reporting Process
Effective May 27, 2027, all employers must establish a procedure detailing the steps an employee must follow to file a complaint or report an incident of sexual violence. This procedure, which requires that all complaints or reports be handled promptly, must be accessible at the workplace.
The employer must designate one or more internal representatives to receive and handle complaints and reports. These representatives must perform their duties impartially and possess the necessary knowledge and skills.
The procedure must also include measures to prevent any additional risks, including secondary victimization, and to manage the risks identified during the handling of the situation.
This procedure must also guarantee the employee who files a complaint or makes a report the right to be accompanied by a person of their choice throughout the process.
Training
By May 27, 2028, all employers must have provided all their employees with training aimed at preventing sexual violence. Such training must subsequently be provided again every three (3) years. The trainer must be a person who, based on their knowledge, training, or experience, is capable of identifying and analyzing risks related to sexual violence in the workplace.
The training must be sufficiently comprehensive to adequately equip employees, addressing in particular:
- The definition of sexual violence;
- Possible manifestations of sexual violence;
- The effects of sexual violence on those affected and its impact on the workplace;
- The rights and obligations of employers and employees;
- The resources and remedies available to employees and best practices to follow when a situation arises or is brought to their attention.
Thus, while sexual violence may give rise to criminal proceedings, workplaces have an increasingly important role to play in preventing and ending it.
At Cain Lamarre, our labor law team includes several investigators specializing in workplace sexual harassment and violence. We are able to provide you with proactive and tailored support—whether in developing training programs, reviewing your internal policies, or conducting investigations—to ensure your compliance with applicable laws and regulations.
For more information, please feel free to contact a member of our team.
[1] Occupational Health and Safety Act, RLRQ, c. S-2.1, § 1.
