It depends on what your employer does, not on the province where you work. If the employer is in a federally regulated industry, such as a bank, an airline or airport, a trucking, bus or rail company that crosses provincial or international borders, a telecommunications company or the federal public service, Part II of the Canada Labour Code and the Work Place Harassment and Violence Prevention Regulations apply. If not, the rules of your province or territory apply, such as Ontario's Occupational Health and Safety Act.
Key points
- Jurisdiction follows your employer's industry, not the province where you work.
- Banks, airlines, cross-border transport, telecoms and the federal public service are federally regulated.
- Other workplaces follow provincial or territorial rules, such as Ontario's OHSA.
- Human rights and union routes can run alongside; ask each about its time limits early.
Contents
Step 1: Check the federal list of regulated industries
The Government of Canada's list of federally regulated industries and workplaces includes:
- air transportation, including airlines, airports and aerodromes
- banks, including authorized foreign banks
- railways, trucks and buses, ferries, marine shipping, and pipelines, bridges and tunnels that cross provincial or international borders
- telecommunications, radio and television broadcasting, and postal and courier services
- most federal Crown corporations, such as Canada Post
- grain elevators, feed and seed mills, and uranium mining and atomic energy
- First Nations band councils and Indigenous self-governments, for certain activities
- the federal public service
Where you work does not change the answer: a bank branch in Toronto is federally regulated. A business that is vital, essential or integral to a listed activity can also be federal, so a contractor that works mainly for an airport or a railway may need a closer look. A trucking company that stays inside one province is not on the list.
Step 2: Compare the federal, Ontario and Quebec routes
Where you work | Main rules | How a concern is raised |
|---|---|---|
Federally regulated employer | Canada Labour Code, Part II; Work Place Harassment and Violence Prevention Regulations | A notice of occurrence to the employer or its designated recipient starts a resolution process that can include an investigation. |
Ontario | Occupational Health and Safety Act, Part III.0.1 | Report under the employer's workplace harassment program. The employer must ensure an appropriate investigation and tell you the results in writing. |
Quebec | Act respecting labour standards (psychological harassment) | The employer's prevention and complaint-processing policy; a psychological harassment complaint can also be filed with Quebec's labour standards commission (CNESST). |
Other provinces and territories | Their own occupational health and safety rules | Start with the employer's policy; CCOHS keeps a table of the main legislation in each jurisdiction. |
Step 3: Know what each body can and cannot do
Federally, the employer or its designated recipient runs the process. In Ontario, Ministry of Labour, Immigration, Training and Skills Development inspectors check whether employers meet the harassment requirements, but they do not resolve or mediate individual allegations, decide whether behaviour was harassment, or order compensation for individuals. Other routes can apply alongside: the Human Rights Tribunal of Ontario hears applications about harassment linked to a ground in Ontario's Human Rights Code, with help from the Human Rights Legal Support Centre, and unionized workers may be able to use grievance arbitration.
Step 4: Keep a dated routing note
Before sending detailed records anywhere, describe the concern in two or three sentences and ask whether the office handles it and how to send documents. Then keep a dated note:
- Today's date, your employer's legal name, its main business and your work location.
- Whether the business is on the federal list, and why you think so.
- Each office you contacted: the date, the person or reference number, your question and the answer.
- Any time limit you were told about and the date it counts from.
- What you sent, when and by which channel.
For a way to set out the events themselves, see our incident log template and how to document workplace harassment in Canada.
Kirokune keeps your notes and records in one case on your iPhone, in date order. It does not decide which law applies to you or whether something is harassment.
Frequently asked questions
- How do I know if my employer is federally regulated?
- Compare the employer's main business with the Government of Canada's list of federally regulated industries. Your province does not decide it: a bank or an airline is federally regulated wherever you work. If it is unclear, for example a contractor whose work is integral to an airport, ask the federal Labour Program or your provincial or territorial labour ministry before you send detailed records.
- Where do I report workplace harassment in Ontario?
- If your employer is provincially regulated, use the reporting route in its workplace harassment program, which must include a way to report to someone other than the employer or supervisor if they are the person involved. The employer must ensure an appropriate investigation and tell you the results in writing. Ministry inspectors check compliance but do not decide individual allegations.
- Does an internal complaint stop other deadlines?
- Do not assume so. Human rights, union grievance and workplace processes each have their own rules and time limits. Ask each body about its time limit as soon as you think you might use it, and write down the answer and the date.
Sources
Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.