{"id":18102,"date":"2024-09-25T12:34:41","date_gmt":"2024-09-25T16:34:41","guid":{"rendered":"https:\/\/www.millerthomson.com\/?post_type=insights&p=224854"},"modified":"2026-02-27T18:23:53","modified_gmt":"2026-02-27T23:23:53","slug":"quebecs-bill-42-enhanced-measures-preventing-workplace-harassment-and-sexual-violence","status":"publish","type":"post","link":"https:\/\/www.millerthomson.com\/en\/insights\/labour-and-employment\/quebecs-bill-42-enhanced-measures-preventing-workplace-harassment-and-sexual-violence\/","title":{"rendered":"Quebec\u2019s Bill 42: Enhanced measures for preventing workplace harassment and sexual violence"},"content":{"rendered":"\n

On March 27, 2024, Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace <\/em>(\u201cBill 42<\/strong>\u201d), received royal assent. It aims to prevent and address psychological harassment and sexual violence in the workplace, while also expanding the recourses available to workers.<\/p>\n\n\n\n

Several amendments introduced by Bill 42 took effect immediately on March 27, 2024<\/strong>, while others will come into force on September 28, 2024<\/strong>.<\/p>\n\n\n\n

Bill 42 amends the following legislation:<\/p>\n\n\n\n

1. The Act respecting industrial accidents and occupational diseases<\/em> chapter A-3.001<\/h2>\n\n\n\n

a. Introduction of legal presumptions to facilitate the proof of employment injuries related to sexual violence<\/h3>\n\n\n\n
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  1. Employment Injuries resulting from sexual violence committed by the employer, one of the employer\u2019s officers or a worker whose services are used by the employer will be presumed to have arisen out of or during the course of employment.<\/li>\n\n\n\n
  2. Occupational diseases occurring within three months of experiencing sexual violence in the workplace will also be presumed to be work-related.<\/li>\n<\/ol>\n\n\n\n

    These amendments, which take effect on September 28, 2024<\/strong>, shift the burden to employers to disprove the above presumptions. Incidents must therefore be managed diligently, proactively and effectively, and thoroughly documented to ensure issues are promptly identified, corrected and effectively controlled.<\/p>\n\n\n\n

    b. Extension of the time limit for filing claims<\/h3>\n\n\n\n

    The time limit to file a claim with the Commission des normes, de l\u2019\u00e9quit\u00e9, de la sant\u00e9 et de la s\u00e9curit\u00e9 du travail<\/em> (the \u201cCNESST<\/strong>\u201d) for an employment injury resulting from sexual violence is extended from six (6) months to two (2) years.<\/p>\n\n\n\n

    This change, effective September 28, 2024<\/strong>, underscores the importance of maintaining a well-documented record of any relevant incidents, enabling sound claims management.<\/p>\n\n\n\n

    c. Imputation of costs related to employment injuries resulting from sexual violence<\/h3>\n\n\n\n

    Bill 42 alters the existing rules regarding the imputation of employment injuries. When the injury results from sexual violence, the related benefits will be charged across all employers in all units, rather than to a specific employer, creating an exception to the general imputation rule. This amendment took effect on March 27, 2024<\/strong>.<\/p>\n\n\n\n

    d. Access to worker\u2019s medical records<\/h3>\n\n\n\n

    Bill 42 revises employers’ rights to access a worker’s medical records held by the CNESST when contesting an employment injury claim. Employers will now receive only summaries of the relevant medical information needed for contestation, limiting their access to complete medical records held by the CNESST. Furthermore, fines may be imposed on employers who attempt to unlawfully obtain or successfully acquire these records.<\/p>\n\n\n\n

    This provision will come into force on September 28, 2024<\/strong>, and employers are advised to work with health professionals to ensure compliance.<\/p>\n\n\n\n

    2. The Act respecting labour standards<\/em> (the \u201cARLS\u201d)<\/h2>\n\n\n\n

    Most of the amendments to the ARLS came into force on March 27, 2024<\/strong>. These amendments include the following key changes:<\/p>\n\n\n\n

      \n
    1. Expansion of employer obligations<\/strong>: Employers now have a broader responsibility to prevent psychological harassment by \u201cany person\u201d towards its employees, including suppliers, customers, clients or other third parties.<\/li>\n\n\n\n
    2. Protection against reprisals<\/strong>: The ARLS now prohibits employers from taking reprisals against employees or imposing sanctions for reporting harassment or cooperating in the reporting or complaint process.<\/li>\n\n\n\n
    3. Amnesty clauses<\/strong>: Bill 42 prohibits the application of amnesty clauses when dealing with disciplinary measures for misconduct involving physical, psychological, or sexual violence. Employers may now consider previous disciplinary measures related to physical, psychological, or sexual violence when imposing new disciplinary actions for similar misconduct, even if an amnesty clause exists in a collective agreement, decree, or employment contract.<\/li>\n\n\n\n
    4. Punitive damages<\/strong>: Previously, under the no-fault Quebec workers\u2019 compensation regime, punitive damages were not awarded in cases of employment injury resulting from harassment. Bill 42 now allows the Administrative Labour Tribunal to order employers to pay punitive damages in cases of psychological harassment, even if the injury qualifies as an employment injury.<\/li>\n\n\n\n
    5. Policy requirements<\/strong>. Employers must amend their harassment policy on the prevention and treatment of psychological harassment (the \u201cPolicy<\/strong>\u201d) by September 28, 2024<\/strong>, to include the following:\n