Workplace harassment has been at the forefront of labour and
employment law over the past several years, particularly in
relation to the employer's duty to investigate. The trend
continues with the Ontario Government's recent introduction of
Bill 132, the Sexual Violence and Harassment Plan Act
(Supporting Survivors and Challenging Sexual Violence and
Harassment), 2016. Bill 132 amends various pieces of
legislation including the workplace harassment provisions of the
Occupational Health and Safety Act
("OHSA").
Bill 132 fills in the gaps left by its predecessor, Bill 168.
The existing workplace harassment provisions of the OHSA were a
result of the Bill 168 amendments in 2010. Most of the Bill 168
requirements pertained to workplace violence. Although Bill 168
also imposed some requirements with respect to workplace
harassment, these were much more limited in scope. Bill 168
required employers to put in place policies with respect to
workplace harassment that
