New obligations for Québec employers aim to prevent sexual violence in the workplace

In 2024, Québec adopted the Act to Prevent and Fight Psychological Harassment and Sexual Violence in the Workplace (Act). This Act introduced modifications to the Act Respecting Occupational Health and Safety, including the addition of a definition for “sexual violence,” as “any form of violence targeting sexuality or any other misconduct, including unwanted gestures, practices, comments, behaviours, or attitudes with sexual connotations, whether they occur once or repeatedly, including violence relating to sexual and gender diversity”.

On October 29, 2025, the Government of Québec tabled a proposed regulation that outlines additional obligations for employers to prevent and respond to sexual violence in the workplace – the Regulation Respecting the Measures to Prevent or Put a Stop to Sexual Violence (Regulation). The Regulation builds on Québec’s legislative efforts to address harassment and sexual violence in the workplace. It also reinforces the mandate of the Commission des normes, de l’équité, de la santé et de la sécurité du travail (Quebec’s employment standards commission, commonly referred to as the CNESST), to promote safe, respectful, and equitable working environments.

The Regulation outlines measures that employers must implement, including mandatory training for workers, clear communication of relevant information, and a formal procedure for receiving and handling complaints or reports of sexual violence. These measures aim to ensure that all workers are protected and that employers take proactive steps to foster a culture of safety and accountability.

Recognizing sexual violence

In its current form, the Regulation would establish specific measures that every employer must implement to prevent or put a stop to sexual violence. Such measures would need to recognize that sexual violence may occur both within the employer’s workplace and in external contexts, such as during work-related social activities or through technological means. The measures would also need to consider that sexual violence may arise in interactions between workers, with clients, or with employers themselves.

Obligation to inform workers and train

The Regulation would require employers to provide all workers with written information addressing several key areas. Specifically, employers would be required to send all workers a policy outlining the risks specific to the workplace that have been identified or analyzed, where applicable. This includes social interactions particular to the workplace that could result in sexual violence, as well as the measures set out in the employer’s prevention program or action plan that are intended to eliminate or, if elimination is not possible, control those risks. Employers would also be required to communicate the procedure for filing a complaint or reporting sexual violence. For more information you may refer to our previous article on obligations related to prevention programs or action plans which are currently in force.

In addition to these informational obligations, the Regulation would impose a recurring training requirement. Employers would have to provide all workers with training on the prevention of sexual violence, that would need to be refreshed every three years. The training would have to be of sufficient duration to ensure that workers are adequately equipped to understand and respond to sexual violence. It would have to cover, in particular, the definition of sexual violence, the types of sexual violence that could occur in the workplace, its effects on individuals and its broader consequences in the work environment, the obligations of both employers and workers, the rights of workers, the resources and recourses available to them, and the good practices to follow when a person witnesses or becomes aware of a situation involving sexual violence in the workplace. The training would have to be delivered by a person who, by virtue of their knowledge, training, or experience, is capable of identifying and analyzing risks related to sexual violence in the workplace.

Complaint and reporting procedures

If adopted, the Regulation would require employers to have a procedure in place that specifies the steps to file a complaint or report sexual violence, as well as how such complaints or reports are to be managed. This procedure would have to be made available in the workplace and grant any worker who files a complaint or reports sexual violence the right to be consulted by a person of their choosing.

Employers would also be required to designate a person or persons to manage complaints or reports concerning sexual violence. The designated individual would have to carry out these duties impartially and possess the necessary knowledge and skills to handle such matters appropriately.

Every complaint and report would have to be managed with diligence. Employers would be expected to take measures to ensure that the handling of a complaint or report does not result in additional risks, such as secondary victimization or retaliation. Furthermore, where risks are identified in the context of managing a complaint or report, employers would need to implement appropriate measures to control those risks.

In many respects, these obligations mirror the recent adoption of additional requirements related to managing harassment in the workplace. If the Regulation is adopted, further modifications to existing policies and practices will be required.

Conclusion

This proposed Regulation represents a further step in Québec’s efforts to prevent and address sexual violence in the workplace. It reinforces existing legislative obligations while introducing more detailed and proactive obligations for employers. If adopted, it will require employers to take a comprehensive and sustained approach to prevention, education, and complaint management.

We will continue to monitor developments and provide updates as more information becomes available.