After my first article on Workplace Violence, many of you e-mailed me asking what the specific definition was in your own Canadian jurisdiction. Assuming there are more out there with a similar question; I have compiled an up-to-date listing, along with sources. As you can see, definitions vary based on whether violence is considered a “physical” act, and/or a “psychological” assault (harassment) under Occupational Health & Safety Legislation. I wish to acknowledge the hard work of our researcher Jennifer Mak for compiling this list.
Federal Workplace Violence Definition:
“… any action, conduct, threat or gesture of a person towards an employee in their work place that can reasonably be expected to cause harm, injury or illness to that employee.” (COHRS, s. 20.2)
Alberta Workplace Violence Definition:
“… the threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury.” (Code, s. 1)
British Columbia Workplace Violence Definition:
“… attempted or actual exercise of physical force by a person, other than a worker, so as to cause injury to a worker and includes any threatening statement or behaviour which causes a worker to reasonably believe he or she is at risk of injury.” (OHRS, 4.27)
British Columbia Workplace Harassment Definition:
“… any conduct, comment, display, action, or gesture that a) adversely affects a worker’s psychological or physical well-being, or b) the actor knew or reasonably ought to have known would cause a worker to be humiliated or intimidated; harassment includes the act of intentionally causing harm through verbal harassment, intimidation or other more subtle methods of coercion, such as manipulation, including ignoring and isolating a person. For great certainty, harassment may occur in the absence of any intent to harm, humiliate, intimidate or otherwise harass a worker.” (Workers Compensation Act, s. 117.1)
British Columbia Workplace Harassment Compensation Definition:
“… a worker is entitled to compensation for a mental disorder that does not result from an injury for which the worker is otherwise entitled to compensation, only if the mental disorder is a reaction to one or more traumatic events arising out of and in the course of a worker’s employment or is predominantly caused by a significant work-related stressor, including bullying and harassment, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker’s employment.” (Workers Compensation Act, s. 5.1)
Manitoba Workplace Violence Definition:
“… means a) the attempted or actual exercise of physical force against a person; and b) any threatening statement or behaviour that gives a person reasonable cause to believe that physical force will be used…” (WHSR, s. 1)
Manitoba Domestic Violence Definition:
“… an intentional, reckless or threatened act or omission that causes bodily harm or property damage; an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or property damage; conduct that reasonably, in all the circumstances, constitutes psychological or emotional abuse; forced confinement; sexual abuse.” (Subsection 2(1.1))
Manitoba Workplace Harassment Definition:
“… means behaviour of a person, either by repeated conduct, comments, displays, actions or gestures, or by a single serious comment, display, action, gesture or occurrence of conduct that is i) unwelcome, vexatious, hostile inappropriate or unwanted, ii) based on race, creed, religion, skin colour, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place or origin, or iii) an improper use of power or authority inherent in the person’s position, and threatens the health or safety of the worker, endangers a worker’s job or threatens the economic livelihood of the worker, undermines the worker’s job performance or negatively interferes with the worker’s career in any other way, adversely affects the worker’s dignity or psychological or physical integrity, or results in a harmful workplace for the worker.” (WSHA, s. 2(1))
New Brunswick Violence Definition:
There is no definition regarding workplace violence at this time.
Newfoundland & Labrador Workplace Violence Definition:
“… the attempted or actual exercise by a person, other than a worker, of physical force to cause injury to a worker, and includes threatening statements or behaviour which gives a worker reason to believe that he or she is at risk of injury.” (OHSR, s. 22)
Northwest Territories Workplace Violence Definition:
There is no definition regarding workplace violence at this time.
Nova Scotia Workplace Violence Definition:
“… threats, including a threatening statement or threatening behaviour that gives an employee reasonable cause to believe that the employee is at risk of physical injury, or conduct (or attempted conduct) that endangers the physical health or physical safety of an employee.” (VWR, s. 2)
Nunavut Workplace Violence Definition:
There is no definition regarding workplace violence at this time.
Ontario Workplace Violence Definition:
“… workplace violence is defined as 1) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker; 2) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, or 3) a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.” (OHSA, s. 1)
Ontario Workplace Harassment Definition:
“… engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.” (OHSA, s. 1)
Ontario Domestic Violence Definition:
“… If an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker.” (OHSA, s. 32.0.4)
Prince Edward Island Workplace Violence Definition:
“… the threatened, attempted or actual exercise of any physical force by a person other than a worker that can cause, or that causes, injury to a worker, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that he or she is at risk of injury.” (GR. s. 52.1)
Quebec Domestic Violence Definition:
There is no definition regarding workplace violence at this time.
Quebec Psychological Harassment Definition:
“… means any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures that affects an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee.” (LS Act, s. 81.18)
Saskatchewan Workplace Violence Definition:
“… the attempted, threatened or actual conduct of a person that causes or is likely to cause injury, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that the worker is at risk of injury.” (Regs, s. 37)
Saskatchewan Workplace Harassment Definition:
“… inappropriate conduct, comment, display, action or gesture by a person based on race, creed, religion, colour, sex, sexual orientation (or other protected grounds) that adversely affects the worker’s psychological or physical well-being; or constitutes a threat to the worker’s health or safety. Must be repeated conduct, or a single incident that causes lasting, harmful effects.” (OHSA, s. 2(1); s. 2(3))
Yukon Workplace Violence Definition:
There is no definition regarding workplace violence at this time