Psychological Harassment at Work in Quebec: Definition, Employer Duties, and How to Complain to the CNESST

In Quebec, psychological harassment at work, including sexual harassment as one of its forms, is defined by the Act respecting labour standards (LNT), a single sufficiently serious incident can be enough to constitute it, the employer must adopt a prevention policy, and an employee has 2 years from the last occurrence of the conduct to file a complaint with the CNESST.

Information last verified on 2026-09-24. This article has not yet been reviewed by a licensed lawyer.

This article covers psychological harassment at work as defined and regulated by the Act respecting labour standards (LNT), CQLR c N-1.1, sections 81.18 to 81.20 and 123.6 to 123.17. It does not cover other LNT recourses for dismissal or reprisals unrelated to harassment, which follow different deadlines; see Labour Standards and the CNESST in Quebec for those recourses.

If you are currently dealing with harassment at work, resources exist and the law gives you specific rights. The rest of this article explains those rights, calmly and without judgment about your situation.

What the law says: the definition of psychological harassment (section 81.18)

Section 81.18 of the LNT defines psychological harassment. The official English text provides: "For the purposes of this Act, 'psychological harassment' 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. For greater certainty, psychological harassment includes such behaviour in the form of such verbal comments, actions or gestures of a sexual nature." (LNT, section 81.18)

This definition confirms two points that people researching this topic often misunderstand. First, sexual harassment is not a separate category: it is explicitly included within the definition of psychological harassment. Second, the conduct is normally expected to be repeated, but that is not an absolute requirement. The same section adds: "A single serious incidence of such behaviour that has a lasting harmful effect on an employee may also constitute psychological harassment." (LNT, section 81.18)

A single event, if serious enough and its effects continue, can therefore be sufficient.

The employer's duty: a mandatory policy (section 81.19)

Every employee has a right to a workplace free of psychological harassment. The employer must take reasonable steps to prevent it and must act as soon as it becomes aware of it, whatever the source. Section 81.19 goes further than a general duty: it requires the employer to adopt and make available to employees "a policy to prevent and manage situations of psychological harassment" (LNT, section 81.19), including a section specifically addressing behaviour of a sexual nature.

Under section 81.19, that policy must set out, in particular:

1. The methods and techniques used to identify, control and eliminate the risks of psychological harassment, including a section on behaviour in the form of verbal comments, actions or gestures of a sexual nature.
2. The specific information and training programs on psychological harassment prevention offered to employees and to the persons the employer designates to manage a complaint or report.
3. Recommendations on behaviour to adopt when participating in work-related social activities.
4. The procedures for making complaints or reports to the employer or providing it with information or documents, the person designated to manage them, and the information on the follow-up the employer must give.
5. The measures to protect the persons concerned by a situation of psychological harassment and the persons who cooperated in the processing of a complaint or report about it.
6. The process for managing a situation of psychological harassment, including the process that applies when the employer holds an inquiry.
7. The measures to ensure the confidentiality of complaints, reports, information or documents received, and a preservation period of at least 2 years for documents made or obtained in managing a situation of psychological harassment.

This policy is an integral part of the prevention program or action plan, as the case may be, under the Act respecting occupational health and safety.

The 2-year deadline to file a complaint (section 123.7)

Someone who wants to file a psychological harassment complaint has a specific deadline. Section 123.7 provides: "Any complaint concerning psychological harassment must be filed within two years of the last incidence of the offending behaviour." (LNT, section 123.7)

Section 123.7 was last amended in 2018, by S.Q. 2018, c. 21 (Bill 176, whose French title is Loi modifiant la Loi sur les normes du travail et d'autres dispositions législatives afin principalement de faciliter la conciliation famille-travail). The 2024 amendments, made by S.Q. 2024, c. 4 (Bill 42, whose French title is Loi visant à prévenir et à combattre le harcèlement psychologique et la violence à caractère sexuel en milieu de travail), changed neighbouring sections, notably 81.19, 81.20, 123.3, 123.10 and 123.15, and added section 123.17 on confidentiality, but did not touch section 123.7, so the 2-year deadline remains the applicable one.

The complaint path: from the CNESST to the Administrative Labour Tribunal

A psychological harassment complaint is filed in writing with the CNESST. It can also be submitted through a non-profit organization that advocates for employees' rights, with the written consent of the person concerned (section 123.6).

An employee covered by a collective agreement follows a different route: section 81.20 deems sections 81.18, 81.19, 123.15, 123.16 and 123.17 part of every collective agreement, and the employee "must exercise the recourses provided for in the agreement, insofar as any such recourse is available to employees under the agreement," with the section 123.7 time limit applying to those recourses. An employee appointed under the Public Service Act who is not governed by a collective agreement exercises the recourse before the Commission de la fonction publique.

The CNESST then makes an inquiry "with due dispatch" (section 123.8). Mediation remains available with the parties' consent. If the CNESST decides not to pursue the complaint, the person can, within 30 days of that decision, ask that the file be sent to the Administrative Labour Tribunal anyway (section 123.9). If the CNESST does pursue the complaint and no settlement is reached, it refers the file "without delay" to the TAT (section 123.12). Since 2024, where a settlement is reached, the parties undertake to preserve the confidentiality of anything said, written or done during the settlement process, although they may lift that duty by written agreement (section 123.17).

Remedies the TAT can order (section 123.15)

If the TAT finds that the employee was subjected to psychological harassment and that the employer breached its duty under section 81.19, it can make any decision that appears just and reasonable, including:

1. Ordering the employee's reinstatement.
2. Ordering the employer to pay an indemnity up to the employee's lost wages.
3. Ordering the employer to take reasonable steps to stop the harassment.
4. Ordering the employer to pay damages for moral injury. 4.1. Ordering the employer to pay punitive damages.
5. Ordering the employer to pay an indemnity for job loss.
6. Ordering the employer to fund psychological support the employee requires, for a reasonable period.
7. Ordering that the employee's disciplinary record be modified.

Section 123.16 provides that some of these measures, namely the lost-wage indemnity, moral damages, and funding for psychological support, do not apply for a period during which the employee is suffering from an employment injury, within the meaning of the Act respecting industrial accidents and occupational diseases, that results from the psychological harassment. Where the TAT considers it probable that the harassment entailed such an injury, it must reserve its decision on those three measures (section 123.16, second paragraph).

Disclaimer: This article provides general information about psychological harassment at work in Quebec under the Act respecting labour standards, CQLR c N-1.1, sections 81.18 to 81.20 and 123.6 to 123.17, current as of September 2026. It is not legal advice. Consult the CNESST or a lawyer licensed to practise in Quebec for advice on your specific situation.