Workplace Investigations in Ontario vs. British Columbia: Employer’s Guide
Workplace investigations are no longer optional; they are a legal obligation in many cases.
Failing to investigate complaints properly can expose employers in Ontario and British Columbia (BC) to:
- Ministry of Labour orders or penalties
- WorkSafeBC enforcement and compliance orders
- Human rights complaints and liability
- Damages for bad faith or failure to protect employees
This article explains when employers must investigate, how Ontario and BC rules differ, and practical steps to run a fair, defensible investigation. It’s written for employers operating in one or both provinces.
Quick Snapshot (What triggers an investigation?)
Ontario
- Workplace harassment or sexual harassment: investigate every complaint or incident “appropriate in the circumstances.”
- Workplace violence (including threats): assess risk, take immediate safety steps, and investigate the incident.
- Human rights concerns (e.g., discrimination): prompt, good-faith investigation is expected.
- Ministry of Labour may order an impartial third-party investigation at the employer’s expense.
- A written outcome summary to both the complainant and respondent is required for harassment investigations.
British Columbia
- Bullying and harassment (WorkSafeBC policies): employers must investigate complaints or reports promptly and objectively.
- Workplace violence (OHS Regulation): assess risk, control hazards, investigate incidents, and take corrective action.
- WorkSafeBC can issue orders if policies, training, or investigations are inadequate.
- Provide the parties with an objective summary of results and corrective actions.
Bottom line
In both provinces, complaints or credible information about harassment, bullying, discrimination, or violence trigger a duty to investigate. Ontario’s statute is more prescriptive, while BC relies on regulation and WorkSafeBC policy with active enforcement.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Workplace investigation rules differ significantly between Ontario and British Columbia, and missteps can expose employers to serious legal risk. Speaking with a lawyer before acting helps ensure your process is fair, compliant, and defensible.”
When Must Employers Investigate?
Ontario Workplace Investigation Requirements
- Workplace harassment (including sexual harassment):
- Every complaint, incident, or report must be investigated.
- Must be impartial, timely, and thorough.
- Workplace violence:
- Investigate every violent incident or threat.
- Employers must conduct risk assessments and take safety measures.
- Human rights issues:
- Allegations tied to protected grounds (e.g., race, sex, disability) require prompt, fair investigation.
- Regulatory direction:
- The Ministry of Labour can order employers to retain a third-party investigator at the employer’s expense.
BC Workplace Investigation Requirements (WorkSafeBC & Human Rights Code)
- Bullying and harassment:
- Employers must maintain policies, train staff, and investigate all complaints promptly and objectively.
- Workplace violence:
- Identify risks, control hazards, and investigate incidents under the Occupational Health and Safety Regulation.
- Human rights issues:
- Complaints tied to protected grounds under the BC Human Rights Code require investigation.
- Regulatory enforcement:
- WorkSafeBC may issue compliance orders for deficient policies or investigations.
Key Similarities Between Ontario and BC
- Trigger: Complaint, report, or credible information about harassment, bullying, or violence.
- Timeliness: Investigations must start promptly.
- Fairness: Impartiality, procedural fairness, and confidentiality.
- Documentation: Written records of steps, evidence, findings, and corrective action.
- Communication: Summaries to complainant and respondent (mandatory in Ontario, expected in BC).
- Non-reprisal: Employees must not face retaliation for reporting.
- Corrective action: Remedy hazards, address misconduct, follow up.
Practical Triggers and Grey Areas Employers Miss
Employers should investigate (or at least triage) when they become aware of:
- Formal complaints, informal reports, or credible anonymous tips
- Observed harassment or bullying by managers or coworkers
- Digital misconduct (emails, messaging apps, social media tied to work)
- Third-party behaviour (vendors, clients) affecting employees
- Remote/hybrid conduct impacting the workplace
- Patterns of lower-level incidents that, cumulatively, create harassment
Even vague reports require reasonable inquiry, documentation, and a decision on whether a full investigation is necessary.
How to Run a Defensible Workplace Investigation
- Triage & Safety First — address immediate risks, separate parties, and document interim measures.
- Choose the Right Investigator — impartial, competent, external if allegations involve leadership or protected grounds.
- Define the Scope — allegations, timeframe, confidentiality, deliverables.
- Notify Parties — neutral summary to respondent, confirmation of process, non-retaliation warning.
- Gather Evidence — interviews, documents, digital records, CCTV (where lawful).
- Procedural Fairness — give each party a chance to respond.
- Analyze & Decide — apply policies and legal standards; findings on a balance of probabilities.
- Report & Communicate — written outcome summary (mandatory in ON; expected in BC).
- Corrective Action — discipline, training, safety controls, follow-up monitoring.
- Record-Keeping & Privacy — secure records, comply with privacy laws (PIPA in BC, PIPEDA federally).
Special Situations Employers Face
- Unionised workplaces: honour collective agreements; parallel grievance procedures may apply.
- Anonymous complaints: assess credibility; still investigate patterns.
- Multiple parties: may need separate investigators or phased interviews.
- Intersection with human rights: address discrimination and accommodation duties alongside harassment issues.
Policy Essentials for Employers
Every employer in Ontario and BC should have:
- A plain-language harassment/violence policy with examples
- Multiple reporting pathways (in case a supervisor is implicated)
- A written investigation procedure
- Training for all workers + manager-specific training
- Violence risk assessments and emergency response protocols
- Documentation and record retention standards
Employer Takeaways
Ontario: Highly prescriptive; investigate every harassment complaint; provide written outcome summaries; expect Ministry oversight.
BC: WorkSafeBC enforces policies and practices; investigations must be prompt, objective, and well-documented.
Both provinces: Harmonize programs to the stricter standard. Best practice = always provide written summaries and clear corrective action.
Final Word: Take Investigations Seriously
Workplace investigations are a core compliance obligation.
Ontario’s rules are prescriptive; BC’s are enforced through WorkSafeBC.
If you receive a complaint or warning signs, act promptly, choose an impartial investigator, and document your process thoroughly.
Need Help With Workplace Investigations in Ontario or BC?
At Achkar Law, we help employers:
- Design compliant investigation policies
- Train managers and HR teams
- Act as impartial third-party investigators
- Advise on high-risk complaints (harassment, violence, human rights)
Call toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation. It may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©