June 15, 2026
Sexual Violence in the Workplace: Prevention Is No Longer an Option
Sexual Violence in the Workplace: Prevention Is No Longer an Option
On May 27, 2026, the Regulation respecting measures to prevent or put an end to situations of sexual violence (the “Regulation”) was published in the Gazette officielle du Québec following its adoption by decree. Its coming into force will be phased in over two years: the general provisions will take effect on May 27, 2027, followed by the training-related provisions on May 27, 2028. These requirements are in addition to the obligations already set out in the Act respecting occupational health and safety [1]. Through this Regulation, the legislator clarifies the nature and scope of employers’ obligations regarding sexual violence.
This framework is part of the direct aftermath of the adoption of Bill 42, assented to on March 27, 2024, which confirmed and strengthened employers’ obligation to prevent psychological harassment and sexual violence, as well as to address situations brought to their attention.
It should be noted that the concept of “sexual violence” refers to a broad spectrum of conduct and is defined as “any form of violence targeting sexuality or any other misconduct manifested, in particular, through gestures, practices, words, behaviours or attitudes of a sexual nature that are unwanted, whether occurring once or repeatedly, including violence related to sexual and gender diversity.” [2]
The scope of application of the Regulation is deliberately broad: it applies to any situation occurring in the workplace or outside of it, including during social activities or through the use of technological means, and includes interactions with third parties.
AS OF MAY 27, 2027
Employers will be required, in particular, to:
- provide their workers, in writing, with various information aimed at preventing sexual violence in the workplace, as well as the procedure to follow to file a complaint or make a report; [3]
- develop and implement a process for receiving and handling complaints and reports concerning any situation of sexual violence; [4]
- designate a person responsible for receiving and handling such complaints and reports, who must be impartial and possess the knowledge and skills required to perform this role. [5]
The Regulation also emphasizes the handling of complaints and reports: prompt action, the possibility of accompaniment, and the implementation of measures to prevent, among other things, secondary victimization or the creation of additional risks. We note the express use of the terms “complaint” and “report,” which we interpret as a clear signal that an employer must act as soon as a situation comes to its attention, rather than waiting for a formal complaint submitted in a specific format. In other words, substance must prevail over form.
STARTING ON MAY 27, 2028
Mandatory training, to be renewed every three years, must be provided to all workers by a qualified person [6]. It is noteworthy that the legislator specifically states that this training must be of sufficient duration to ensure that workers are “adequately trained.” [7] This training must address, in particular, the manifestations of sexual violence, its effects, the rights and obligations of employers and workers, and the remedies and resources available to workers.
It is therefore no longer sufficient to adopt a policy: the Regulation now requires the implementation of rigorous and concrete practices to prevent and put an end to situations of sexual violence. While the means to achieve this remain at the employer’s discretion, the obligation to act does not. Thus, although the Regulation does not require an investigation in every case, it now calls for a serious and diligent response to each situation, similar to that required for the prevention and management of psychological harassment under the Act respecting labour standards [8].
Latitude’s multidisciplinary team supports organizations at every stage of compliance with these new requirements: from analyzing existing practices and mechanisms, to structuring robust complaint and disclosure processes, designing and delivering tailored training programs, and much more. Our approach is designed to turn these obligations into practical levers for action, equipping workplaces to ensure that every situation brought to their attention is handled in a rigorous, timely, and respectful manner.
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