Generally, all employers in Ontario are legally required under the Occupational Health and Safety Act (OHSA) to have a written workplace harassment policy if they have five or more employees. Drafting a clear anti-discrimination policy aligned with the Ontario Human Rights Code protects your business from Ministry of Labour fines and costly human rights complaints.
Creating a safe and inclusive environment is not just good business practice; it is a strict legal requirement in Canada. 📝 If you run a small business in Ontario, from a vibrant café in downtown Toronto to an expanding manufacturing plant in Mississauga, you must comply with both the Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code. The Code clearly outlines that every employee has the right to equal treatment with respect to employment, without discrimination or harassment.
As of May 2026, the Ministry of Labour aggressively enforces workplace safety, which now explicitly includes psychological safety and freedom from harassment. Ignoring these legal obligations can lead to severe financial penalties and reputational damage. This guide will walk you through the essential steps to draft an effective, legally compliant anti-discrimination and anti-harassment policy for your Ontario small business.
Step-by-Step Process in Ontario
Whether your business is located in Ottawa, London, or Sudbury, the provincial laws governing workplace discrimination remain consistent. 📍 Most employers choose to engage a local Ontario law firm to ensure their policies do not contain critical legal loopholes.
Step 1: Understand the OHSA and OHRC Requirements
Before putting pen to paper, you must understand the dual framework governing Ontario workplaces. The OHSA requires any employer with five or more employees to prepare a written policy on workplace violence and harassment. Concurrently, the Ontario Human Rights Commission (OHRC) mandates that employers maintain an environment free from discrimination based on specific protected grounds. Your policy must explicitly reference these provincial standards.
Step 2: Define the Prohibited Grounds of Discrimination
Your policy must clearly list the protected grounds under the Ontario Human Rights Code. 💼 These include, but are not limited to, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, or disability. Providing concrete examples of unacceptable behaviour helps your staff understand the real-world application of the law.
Step 3: Establish a Clear Reporting Mechanism
A policy is legally useless if employees do not know how to report an incident. You must outline a step-by-step reporting procedure. Crucially, your policy must include an alternative reporting contact in case the alleged harasser is the employee’s direct supervisor or the business owner. This alternative contact could be a designated HR manager or an external law firm.
Step 4: Outline the Investigation Procedure
Ontario law demands that all complaints of workplace harassment be investigated appropriately. 🔍 Your policy should explain that an impartial investigation will take place, detailing how witness statements will be collected and how confidentiality will be maintained to the greatest extent possible. It is legally perilous to promise absolute confidentiality, as you may need to disclose information to properly investigate the matter.
Step 5: Review and Post the Policy Annually
The OHSA requires employers to review their workplace violence and harassment policies at least once a year. Once reviewed and updated, the policy must be posted in a conspicuous location within the workplace, such as a breakroom or on the company intranet. Failure to display the policy is a common trigger for Ministry of Labour compliance orders.
| Feature | Occupational Health and Safety Act (OHSA) | Ontario Human Rights Code |
|---|---|---|
| Primary Focus | Workplace violence, general harassment, and physical safety | Discrimination based on protected grounds (e.g., race, sex, age) |
| Enforcement Body | Ministry of Labour | Human Rights Tribunal of Ontario (HRTO) |
| Written Policy Requirement | Strictly mandatory for 5+ employees | Highly recommended for all employers to avoid liability |
How Much Does it Cost in Ontario?
Investing in a solid anti-discrimination policy is far cheaper than defending against a human rights complaint at the Human Rights Tribunal of Ontario (HRTO). 💰 Here is a breakdown of typical costs associated with drafting and implementing a policy:
- Lawyer Drafting Fees: Hiring an Ontario employment lawyer to draft a customized policy usually ranges from $1,000 to $3,000 CAD, depending on the complexity of your business operations.
- HR Consultant Fees: A certified HR professional in Ontario may charge between $500 and $1,500 CAD to create standard policies.
- Ministry of Labour Fines: If a Ministry inspector finds you lack a compliant written policy, corporate fines can legally reach up to $1,500,000 CAD under recent legislative updates.
- HRTO Damages: If an employee successfully sues for discrimination, HRTO awards for injury to dignity, feelings, and self-respect often range from $15,000 to $35,000 CAD or more, plus lost wages.
How Long Does the Process Take?
Drafting and implementing an HR policy is a relatively quick administrative process. 🕑 Timelines vary based on how quickly your management team can review and approve the documents.
- Drafting Phase: A law firm or consultant can typically draft a comprehensive policy within 1 to 3 weeks.
- Management Review: Internal review and legal revisions usually take 1 to 2 weeks.
- Employee Rollout: Distributing the policy and collecting signed acknowledgments from your staff should ideally be completed within 30 days of the policy’s finalisation.
Frequently Asked Questions (FAQ)
Do I need a written policy if I have fewer than five employees?
Under the OHSA, if you have four or fewer employees, your policy does not strictly need to be in writing unless ordered by a Ministry of Labour inspector. However, the Ontario Human Rights Code still applies to your workplace, so having a written policy is highly recommended to protect your business.
What is the difference between the OHSA and the Human Rights Code?
The OHSA focuses on the physical and psychological safety of the workplace, enforcing rules through Ministry of Labour inspectors. The Human Rights Code specifically addresses discrimination and harassment based on protected grounds (like race or gender) and is enforced through the Human Rights Tribunal of Ontario (HRTO).
Can I just download a free template from the internet?
While free templates exist, they are often based on American laws or outdated rules. Using a template that does not reflect current Ontario legislation can leave you legally exposed. It is generally best to have a local law firm review any template you intend to implement.
Are we required to train employees on this policy?
Yes. Ontario law mandates that employers not only have a policy but also provide adequate information and instruction to workers on the contents of the workplace harassment policy and program.
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