What laws protect employees from sexual harassment in Canadian workplaces?
Sexual harassment in the workplace is prohibited under the Canadian Human Rights Act for federally regulated workplaces, and under every provincial human rights code for provincially regulated employers. Occupational health and safety legislation in every province also requires employers to maintain workplaces free from harassment. In Ontario, Bill 168 added specific workplace harassment and violence provisions to the Occupational Health and Safety Act.
What is the difference between filing a human rights complaint and an occupational health and safety complaint for sexual harassment in Canada?
A human rights complaint focuses on discrimination and the right to a remedy including compensation and policy changes. An occupational health and safety complaint focuses on the employer's failure to maintain a safe workplace and can result in regulatory orders and fines. You can pursue both simultaneously. In Ontario, a human rights application to the HRTO and a workplace safety complaint to the Ministry of Labour can proceed in parallel.
How do I file a sexual harassment complaint with the Ontario Human Rights Tribunal?
File an Application (Form 1) at the Human Rights Tribunal of Ontario at sjto.gov.on.ca/hrto. You must file within one year of the last incident of harassment. The application asks you to describe the incidents, the ground of discrimination (sex), and the social area (employment). The HRTO offers a free Early Resolution process. Mediation resolves many cases before an adjudicated hearing.
How do I report sexual harassment to the Canadian Human Rights Commission?
Federally regulated employees — those working in banking, telecommunications, interprovincial transportation, or federal government — file complaints with the Canadian Human Rights Commission (CHRC) at chrc-ccdp.gc.ca. The CHRC investigates, attempts mediation, and can refer complaints to the Canadian Human Rights Tribunal. The process is free and does not require a lawyer at any stage.
What should I document after experiencing sexual harassment in the Canadian workplace?
Keep a detailed log of every incident including the date, time, location, what was said or done, who was present, and how you responded. Save all relevant emails, texts, messages, or notes. Record the names of any witnesses. Keep copies of any complaints you made internally and any responses from management or HR. This documentation is critical for both internal complaints and external tribunal applications.
Is my employer required to investigate a sexual harassment complaint in Canada?
Yes. Under occupational health and safety legislation in Ontario, BC, and most other provinces, employers are legally required to investigate workplace harassment complaints in a timely manner and provide a written report to the complainant. Failure to investigate can itself be reported to the relevant ministry. Employers must also have a written workplace harassment policy under Ontario law.
Can I be fired for reporting sexual harassment in Canada and what can I do about it?
Terminating or retaliating against an employee for reporting harassment is illegal under human rights legislation and occupational health and safety law in every province. If you are fired or penalized after making a complaint, you have grounds for both an unlawful reprisal application and a human rights complaint. File immediately — limitation periods typically run from the date of retaliation.
What remedies can I receive if my sexual harassment complaint is upheld in Canada?
Remedies from provincial human rights tribunals and the Canadian Human Rights Tribunal include compensation for injury to dignity, feelings, and self-respect; lost wages; orders requiring the employer to implement harassment policies; orders for training; and in some cases reinstatement. Ontario HRTO awards for injury to dignity in sexual harassment cases typically range from several thousand to tens of thousands of dollars depending on severity.
Are there time limits to file a sexual harassment complaint in Canada?
Yes. In Ontario, human rights applications must be filed within one year of the last incident. BC Human Rights Tribunal complaints must be filed within one year. CHRC complaints must be filed within one year of the last act of discrimination. Occupational health and safety reprisal complaints in Ontario must be filed within one year. If you missed the deadline, you can apply for an extension in some cases.
How does uplaw.ai help with workplace sexual harassment complaints in Canada?
Tell us your province, your employer type, a description of the harassment incidents, and any steps you have already taken. We help you identify whether to file with the provincial human rights tribunal, the CHRC, or a workplace safety body, and prepare a detailed complaint that documents the incidents, the ground of discrimination, and the remedy you are seeking.
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