March 2025 marked the first anniversary of the adoption of Bill 42, a major step forward in the fight against psychological harassment and sexual violence in the workplace.
By clarifying previously vague concepts and strengthening protection mechanisms, this law represents a significant turning point in occupational health and safety. One year later, it is essential to review its impact and the transformations initiated in professional settings.
A clear definition of sexual violence
Until now, legislation did not clearly distinguish sexual violence from other forms of psychological harassment. Bill 42 addresses this gap by establishing a specific definition. It includes all forms of violence targeting sexuality or involving sexual misconduct, whether coming from an employer, a colleague, or even a client in the workplace.
Strengthening victims’ rights
Bill 42 introduces several amendments to existing laws, notably the Act respecting occupational health and safety and the Act respecting industrial accidents and occupational diseases. Among the key measures:
Presumption of occupational injury: when a worker is a victim of sexual violence, any injury or illness diagnosed within three months following the incident will be presumed to be an occupational injury. It is up to the employer to prove otherwise if they challenge the claim.
Extended deadline for CNESST claims and grievance filing: for victims of harassment and sexual violence, the deadline for filing a claim with the CNESST, lodging a complaint, or filing a grievance is extended from six months to two years after the last incident. This major change gives affected individuals more time to take the necessary steps. This new timeframe must also be clearly indicated in the collective agreement to ensure better access to information and stronger protection of employees’ rights.
Removal of amnesty clauses: unlike regular disciplinary measures, which may be removed from an employee’s file after a certain period, disciplinary measures related to physical or sexual violence and psychological harassment will remain permanently in the employee’s file.
Better protection for workers
Since September 2024, all employers are required to review their harassment prevention policies to incorporate the new provisions of the law. This obligation ensures a safe and respectful work environment for all employees. The law also specifies that employers are strictly prohibited from retaliating against or sanctioning an employee who reports a situation related to psychological harassment, even if the report concerns a third party. This protection strengthens trust in reporting mechanisms and aims to foster a healthier and safer organizational culture.
Additionally, Bill 68 also amends the Act respecting labour standards by making health-related absences more accessible. From now on, an employer can no longer require a medical certificate for the first three periods of absence of less than three days within a 12-month period.
A step forward for all workers
These new provisions apply to all workplaces, whether unionized or not. By establishing more rigorous protection mechanisms and strengthening workers’ rights, Bill 42 represents an important advancement in the fight against harassment and violence in the workplace.
FISA encourages all employees to learn about these new protections and to verify that their employer complies with these new rules. Together, we can contribute to a safer and more respectful work environment for everyone.
For any questions or to obtain union support, do not hesitate to contact us: https://fisa.ca/en/contact-us/