Workplace Harassment in Ontario: Your Rights and Options

If you are being harassed or sexually harassed at work in Ontario, two different laws may apply, and they do different jobs. The Occupational Health and Safety Act (OHSA) requires your employer to have a harassment policy and program and to investigate complaints. The Human Rights Code gives you the right to be free from harassment tied to a protected ground, and the Human Rights Tribunal of Ontario (HRTO) can order the person or employer responsible to pay compensation.

Knowing which route fits matters, because the Ministry of Labour cannot award you anything for the harassment itself, while the human rights route can, and it has a one-year time limit.

This guide covers provincially regulated workplaces in Ontario under the OHSA, R.S.O. 1990, c. O.1 and the Human Rights Code, R.S.O. 1990, c. H.19, as published on e-Laws, together with Ministry of Labour, Immigration, Training and Skills Development and HRTO pages checked on October 26, 2026. If you work in Quebec, see our guide to psychological harassment in Quebec. If your employer is federally regulated, such as a bank, airline or telephone company, different federal laws apply (see the last section).

What counts as workplace harassment under the OHSA

Section 1(1) of the OHSA defines "workplace harassment" as:

"(a) engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome, or (b) workplace sexual harassment"

The definition does not require a protected ground. Bullying by a manager who treats everyone badly can be workplace harassment under the OHSA even if it has nothing to do with sex, race or disability. The Ministry's guidance says the definition also covers "what is often called psychological harassment or personal harassment."

The Ministry's guide to the law gives examples: "making remarks, jokes or innuendos that demean, ridicule, intimidate, or offend; displaying or circulating offensive pictures or materials in print or electronic form; bullying; repeated offensive or intimidating phone calls or e-mails; or workplace sexual harassment." Its complaint page adds isolating or making fun of a worker.

Workplace sexual harassment

The OHSA defines "workplace sexual harassment" in two parts:

• (a) a course of vexatious comment or conduct against a worker in a workplace, including virtually, "because of sex, sexual orientation, gender identity or gender expression," that is known or ought reasonably to be known to be unwelcome; or
• (b) "making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome."

The second part does not use the word "course." That is why the Ministry's guidance says "a single instance of an unwelcome sexual solicitation or advance from a supervisor or manager could constitute workplace sexual harassment."

One incident or a pattern

The statute's general test is "a course" of comment or conduct. The Ministry's guidance says the conduct "typically" happens more than once, possibly within a single day, but "there may be situations where the conduct happens only once." Its worker information page puts it more loosely, describing harassment as "a single serious incident or a course of repetitive incidents."

Treat the statute's wording as the rule and the Ministry's wording as its reading of it. A single incident is not automatically enough, and a single serious incident is not automatically excluded.

Online and virtual harassment

The Working for Workers Five Act, 2024 added the words "including virtually through the use of information and communications technology" to both definitions, in force October 28, 2024. Harassment by text, email, chat, social media or video call can therefore be workplace harassment.

The same Act extended the OHSA to telework "performed in or about a private residence" (s. 3(1.1)), so the rules apply when you work from home.

What is not harassment

Section 1(4) says: "A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment." The Ministry lists changes in work assignments, scheduling, job assessment and evaluation, workplace inspections, health and safety measures and disciplinary action as examples.

The limit is the word "reasonable." The Ministry says management actions that are not exercised reasonably and fairly "may constitute workplace harassment," giving the example of a worker left off the schedule solely because of sexual orientation. It also says differences of opinion or minor disagreements between co-workers "would also not generally be considered workplace harassment."

Who is protected, and who can be the harasser

A "worker" under the OHSA includes a person who performs work or supplies services for monetary compensation, and certain unpaid secondary school and post-secondary students on approved work programs. The definitions refer to conduct "against a worker in a workplace" and do not limit who the harasser is, so a co-worker, a supervisor, the employer, a client or a customer can all be the source.

What your employer must do under the OHSA

Part III.0.1 of the OHSA sets out the employer's duties. These are owed to all workers, and they do not depend on a complaint being proven.

A written policy. Section 32.0.1 requires the employer to prepare a workplace harassment policy and review it "as often as is necessary, but at least annually." The policy must be written and posted at a conspicuous place or in a readily accessible electronic format. That requirement does not apply where five or fewer workers are regularly employed at the workplace, unless an inspector orders it in writing.

A written program. Section 32.0.6 requires a written program, developed in consultation with the joint health and safety committee or health and safety representative if there is one. The program must:

• set out how workers report incidents to the employer or supervisor;
• provide a way to report to someone else if the employer or supervisor is the alleged harasser;
• set out how incidents and complaints will be investigated and dealt with;
• set out how information, including identifying information, will be kept confidential unless disclosure is necessary to investigate or take corrective action, or is required by law; and
• set out how the worker and the alleged harasser, if a worker of the employer, will be told the results of the investigation and any corrective action.

Under section 32.0.7(1)(c), the employer must also make sure the program is reviewed as often as necessary, but at least annually.

An investigation and written results. Section 32.0.7(1) requires the employer to ensure that "an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances," and that the worker who allegedly experienced harassment and the alleged harasser, if a worker of the employer, "are informed in writing of the results of the investigation and of any corrective action that has been taken or that will be taken."

Information and instruction. Section 32.0.8 requires the employer to give each worker information and instruction on the contents of the policy and program.

What the investigation should look like

The Act does not set a timeline. The Ministry's investigation guidance says investigations should be prompt, objective, confidential and thorough, and that employers should investigate "as soon as possible, ideally within 90 days or less, unless there is a compelling reason why a longer investigation is needed." That 90-day figure is Ministry guidance, not a statutory deadline.

The guidance also says the investigator should not be involved in the incident or under the direct control of the alleged harasser. The Ministry's guide says "Alternative dispute resolution or mediation cannot replace the investigation."

You are entitled to the written results, which the Ministry's Code of Practice describes as "a summary of the findings of the investigation." The Code of Practice says the results are not the same as the investigation report.

Complaining to the Ministry of Labour, and its limits

If your employer has no policy or program, did not train workers on them, or did not make sure an appropriate investigation was done after you reported harassment, you can file a complaint with the Ministry. You can also complain to the Ministry if your employer is the harasser.

What an inspector will not do

The Ministry is explicit. Its information for workers says inspectors cannot "investigate specific allegations to determine if workplace violence or harassment occurred" or "order compensation or other individual remedies." The complaint page adds that inspectors do not "resolve or mediate specific allegations of harassment in the workplace."

In other words, the Ministry checks whether your employer is meeting its OHSA duties. It does not decide your case.

What an inspector can do

An inspector can issue written orders to comply with the Act where contraventions are found. Under section 55.3(1), an inspector can also order the employer to have the investigation conducted, at the employer's expense, by "an impartial person" with the knowledge, experience or qualifications the inspector specifies, and to obtain a written report.

The Ministry gives examples of when it might do this: the alleged harasser is the employer and an internal investigator would be unduly influenced, the employer has not effectively dealt with past complaints, or the employer cannot ensure an objective internal investigation.

Breaking the OHSA or an inspector's order is an offence. The Act's general penalty for an individual is a fine of up to $500,000, imprisonment of up to 12 months, or both, and a corporation can be fined up to $2,000,000 (s. 66). These are the Act's general maximums, not harassment-specific figures.

How to file

You can file online using the Ministry's health and safety complaint form, which covers workplace health and safety and workplace harassment, or call the Health and Safety Contact Centre at 1-877-202-0008 (TTY 1-855-653-9260). In an emergency, call 9-1-1. Wage, hours and leave issues go through an Employment Standards claim instead.

Think about anonymity before you file. The Ministry says that if you file an anonymous harassment complaint, its inspection "will only look into whether your employer is complying with workplace harassment policy, program, information and instruction requirements," and cannot look into the duty to investigate. It also says it "cannot guarantee that your employer won't guess that you are the complainant." If you give your name, you can request a copy of the field visit report.

Harassment under the Human Rights Code

The Human Rights Code covers harassment that is connected to a protected ground. Section 10(1) defines "harassment" in words that match the OHSA's first limb: "engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome."

Section 5(2) gives every employee the right to freedom from harassment in the workplace by the employer, an agent of the employer or another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

Sexual harassment and solicitation

Section 7(2) gives employees the right to freedom from workplace harassment "because of sex, sexual orientation, gender identity or gender expression" by the employer, an agent of the employer or another employee.

Section 7(3) adds the right to be free from a sexual solicitation or advance by a person "in a position to confer, grant or deny a benefit or advancement" who knows or ought reasonably to know it is unwelcome, and from a reprisal or threat of reprisal for rejecting one.

Poisoned work environment

The Ontario Human Rights Commission says that creating or allowing a "poisoned" environment means certain people face terms and conditions of employment quite different from those of others. According to the Commission, this can rest on the nature and impact of the conduct "rather than on the number of times the behaviour occurs," and "a single statement, if bad enough," can create one.

The Commission also says behaviour "does not have to be directed at any one person," that a co-worker, supervisor, contractor or client can create a poisoned environment, and that "not addressing sexual harassment may in itself cause a poisoned environment."

Employer responsibility

The Commission's policy says that once employers learn of sexual harassment, they "must take immediate action to remedy the situation." It also explains a technical point: the Code's rule deeming an employee's acts to be the corporation's own (s. 46.3) does not apply to the harassment sections themselves, but it does apply where harassment amounts to or results in a poisoned environment, because that is a form of discrimination.

Reprisal under the Code

Section 8 protects your right to claim and enforce your Code rights, and to take part in Code proceedings, "without reprisal or threat of reprisal for so doing." Being punished for raising a human rights complaint can itself be part of an HRTO application.

Applying to the Human Rights Tribunal of Ontario

The HRTO "resolves claims of discrimination and harassment under the Human Rights Code." It is separate from the Ontario Human Rights Commission, which promotes human rights, and from the Human Rights Legal Support Centre, which helps people who apply.

The one-year time limit

Under section 34(1) of the Code, you apply "within one year after the incident to which the application relates," or "if there was a series of incidents, within one year after the last incident in the series." Section 34(2) lets the tribunal accept a later application if it is satisfied "that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay."

Do not assume an internal complaint, a Ministry of Labour complaint, an employer investigation or a union grievance pauses this clock. Get advice about the HRTO deadline before waiting for another process to finish.

Court cases and other proceedings (s. 34(11))

Section 34(11) says you may not make an HRTO application about a Code right if a civil proceeding seeking a Code remedy under section 46.1 for the same alleged infringement has been started and has not been finally determined or withdrawn, or if a court has finally decided whether the right was infringed or the matter has been settled.

Separately, section 46.1(2) says a person cannot start a court action "based solely on an infringement of a right under Part I," and section 45.1 lets the tribunal dismiss an application where "another proceeding has appropriately dealt with the substance of the application." The practical point: choosing a court case or another forum can affect your HRTO options, so get advice before you commit.

Forms and filing

You apply using Form 1 (Application). From September 28, 2026, the HRTO offers a new easy-fill version of Form 1, Form 1G and Form 2 (Response); once completed, the platform prompts you to download an accessible PDF to submit by email, mail or courier.

The forms and filing page says the initial application goes to HRTO.Efile@ontario.ca, and all later correspondence to HRTO.Registrar@ontario.ca. The mailing address is Human Rights Tribunal of Ontario, 15 Grosvenor Street, Ground Floor, Toronto, ON M7A 2G6, and the tribunal warns that mail and courier filings face processing delays. It also notes that documents filed with the tribunals are available to the public on request, subject to limited exceptions.

The application asks which areas and grounds of the Code were violated, what you want to happen, and whether you have complained to other legal bodies. You can name more than one respondent, but the HRTO says each must be involved in or responsible for the harassment, and naming many individuals can delay your application.

What happens next

According to the HRTO's process page:

• an incomplete application gets a 21-day deadline to provide the missing information;
• a respondent has 35 days to file a response;
• mandatory mediation is typically held within 5 to 6 months of the HRTO receiving the application; and
• if the case goes past mediation, applicants "should expect an extended wait for a hearing," with a final decision typically issued within three to six months of the last hearing day (or the date closing written submissions were due), depending on the length of the hearing.

These are the tribunal's published expectations as of October 2026, and they change. Under rule changes effective August 17, 2026, applicants must file written submissions within 28 days of receiving a Notice of Intent to Dismiss, and the rules now describe circumstances in which an application will not go to mandatory mediation. The mediator does not decide the merits; if you settle, all parties file a Confirmation of Settlement (Form 25) within 14 days.

You can reach the HRTO at 1-866-598-0322 (Toronto area 416-326-1312) or through the Bell Relay Service at 1-800-855-0511, according to its contact page.

What the tribunal can order

Section 45.2 of the Code lets the tribunal order the party who infringed your right to pay monetary compensation for loss arising out of the infringement, "including compensation for injury to dignity, feelings and self-respect," to make restitution other than money, and to do anything the tribunal considers it ought to do to promote compliance with the Code, including changes to future practices. Awards depend on the facts of each case, and we do not give amounts here.

Section 45.8 says a tribunal decision is final and not subject to appeal, and can be set aside on judicial review only if it is "patently unreasonable."

OHSA and Human Rights Code compared

You do not have to pick only one. A Ministry complaint is about your employer's compliance, while an HRTO application is about your own rights, and the same facts can raise both.

Reprisal for raising harassment under the OHSA

Section 50(1) of the OHSA prohibits an employer, or anyone acting for an employer, from dismissing, disciplining, suspending, penalizing, intimidating or coercing a worker, or threatening to, "because the worker has acted in compliance with this Act" or has "sought the enforcement of this Act," among other protected acts. Filing a harassment complaint with the Ministry is a way of seeking enforcement of the Act.

Under section 50(2), the worker can either take the matter to arbitration under a collective agreement, if there is one, or file a complaint with the Ontario Labour Relations Board (OLRB). Section 50(5) puts the burden of proof on the employer to show it did not act in reprisal.

According to the Ministry's reprisal page, the OLRB can order the employer to remove or change a penalty, reinstate or rehire the worker, and compensate the worker for related losses. The forms are OLRB forms A-53 and C-26, and the OLRB can be reached at 416-326-7500 or 1-877-339-3335. With your consent, a Ministry inspector can refer your reprisal allegation to the OLRB.

The OLRB's Information Bulletin No. 14 says you must first deliver the application package (Form A-53 and the Form C-26 notice) to the employer, and anyone else you identify as potentially affected, then file it with the Board within five days, not counting weekends and holidays, or the matter is terminated. Neither section 50 nor that bulletin states a deadline for starting a complaint, so check with the Board and act promptly.

Free help for non-union workers is available from the Office of the Worker Adviser (1-855-659-7744, Toronto area 416-212-5335) and, for low-income non-union workers, the Workers' Health and Safety Legal Clinic (1-877-832-6090). Union members can ask their representative about an OLRB complaint or a grievance.

Can you refuse work because of harassment?

Not under the OHSA alone. The Ministry states: "The OHSA does not allow workers to refuse work only on the basis of workplace harassment."

The refusal right in section 43(3)(b.1) applies where "workplace violence is likely to endanger" the worker. Violence is defined separately from harassment in the Act, and the employer's violence policy and program are separate duties.

When harassment becomes a police matter

Workplace harassment under the OHSA or the Code is not the same as the Criminal Code offence of criminal harassment. Section 264 makes it an offence to harass someone intentionally, knowingly or recklessly through conduct such as repeatedly following or communicating with them, monitoring their location or movements, watching where they live or work, or threatening conduct, where it "could reasonably be expected to cause that other person to believe that the other person's safety, or the safety of anyone known to the other person, is threatened." Section 264(6) says safety includes psychological safety.

The Ministry advises calling the police if you are a victim of a criminal offence such as assault, sexual assault or criminal harassment, and its guide notes that inappropriate sexual touching may be sexual assault. For other criminal law topics, see our Canada criminal law guides.

If you need time off for reasons related to domestic or sexual violence against you or your child, the Ministry notes you may be entitled to a job-protected leave under the Employment Standards Act, 2000.

Practical steps if you are being harassed at work

1. Write it down as it happens. Record dates, times, what was said or done, where, and who saw it. Keep messages, emails and screenshots.
2. Find your employer's policy. If six or more workers are regularly employed at your workplace, it must be in writing and posted, either physically or electronically. The program must tell you how to report, including to someone other than your supervisor if your supervisor is the problem.
3. Report under the program. Use the reporting route the program sets out, and keep a copy of what you submit.
4. Ask for the written results. The employer must tell you in writing the results of the investigation and any corrective action.
5. Watch the one-year Code deadline. If the harassment is linked to a Code ground, the HRTO clock runs from the incident or the last incident in a series. Do not wait for an internal process to finish before getting advice.
6. Go to the Ministry if the employer fails its duties. That includes no policy, no training, or no appropriate investigation.
7. Get free advice. The Human Rights Legal Support Centre gives free, confidential legal advice on Code-related workplace sexual harassment at 1-866-625-5179 (Toronto 416-597-4900; TTY 1-866-612-8627). Pro Bono Ontario's Workplace Sexual Harassment Hotline is 1-855-776-1855.

If harassment has made your job intolerable, resigning can have legal consequences. Our guide to constructive dismissal in Canada explains that route, and our guide to wrongful dismissal in Canada covers what happens if you are fired after complaining. Get advice before you quit.

Federally regulated and Quebec workers

If you work for a federally regulated employer, such as a bank, airline, interprovincial bus or rail company or telephone company, the HRTO is not your forum. The HRTO says it cannot consider an application against "a chartered bank, airline, television or radio station, telephone company" or other company subject to federal laws.

Federal workplace health and safety rules are in Part II of the Canada Labour Code, which applies to employment on or in connection with a federal work, undertaking or business (s. 123), whose definition of "harassment and violence" differs from Ontario's, and federal human rights complaints fall under the Canadian Human Rights Act. Our guide to federally regulated employees and the Canada Labour Code explains who is covered and how that system works.

Quebec has its own law on psychological harassment, explained in our Quebec psychological harassment guide. For other workplace rights, see the Canada employment law hub.

Frequently Asked Questions

Can a single incident count as workplace harassment in Ontario?

The OHSA definition speaks of a course of vexatious comment or conduct, which usually means more than one incident. A separate part of the definition of workplace sexual harassment covers a sexual solicitation or advance by someone who can grant or deny you a benefit or advancement, and the Ministry's guidance says a single unwelcome solicitation from a supervisor or manager could qualify. Under the Human Rights Code, the Ontario Human Rights Commission says one incident could, depending on the circumstances, be serious enough to be sexual harassment or to create a poisoned environment.

Will the Ministry of Labour investigate my harassment complaint and decide who is right?

No. The Ministry says its inspectors do not investigate specific allegations to decide whether harassment occurred, do not mediate them, and cannot order compensation. An inspector looks at whether your employer has a policy and program, trained workers on them, and made sure an appropriate investigation was done. An inspector can order the employer to have an impartial person investigate at the employer's expense.

How long does my employer have to finish a harassment investigation?

The OHSA does not set a number of days. It requires an investigation that is appropriate in the circumstances and written results to the worker and to the alleged harasser if that person is a worker of the employer. The Ministry's guidance says employers should investigate as soon as possible, ideally within 90 days or less unless there is a compelling reason for longer. That 90-day figure is guidance, not a statutory deadline.

What is the deadline to file a human rights application in Ontario?

Under section 34 of the Human Rights Code, you apply within one year after the incident, or within one year after the last incident if there was a series. The tribunal can accept a late application if it is satisfied the delay was in good faith and no substantial prejudice will result. Do not assume that an internal complaint, a Ministry complaint or a grievance pauses that clock; get advice before waiting on another process.

Can I make a harassment complaint to the Ministry anonymously?

Yes, but it limits what the inspector can do. The Ministry says an anonymous harassment complaint is inspected only for the policy, program, information and instruction requirements, not for whether your employer met its duty to investigate, because checking that may require releasing your name and the details. The Ministry also says it cannot guarantee your employer will not guess who complained.

Does a small employer need a harassment policy?

Yes. Every employer covered by the OHSA must prepare a harassment policy and review it at least annually. Where five or fewer workers are regularly employed at the workplace, the policy does not have to be written and posted unless an inspector orders it in writing. With six or more, it must be in writing and posted, either at a conspicuous place or in a readily accessible electronic format.

Can I sue my employer in court for harassment instead?

The Ministry's guidance notes that civil litigation may be an option depending on the circumstances. The Human Rights Code does not allow a court action based solely on a breach of the Code, and section 34(11) bars an HRTO application on a right while a court case seeking a Code remedy for it is pending or after a court has decided it or the matter has settled. Because choosing one route can close another, talk to a lawyer or the Human Rights Legal Support Centre first.

Is workplace harassment a crime?

Not usually. Harassment under the OHSA or the Human Rights Code is a workplace and human rights matter. The Criminal Code offence of criminal harassment requires harassing someone intentionally, knowingly or recklessly through conduct, such as repeatedly following, monitoring or communicating with them, that could reasonably be expected to make the person believe their safety, or the safety of someone they know, is threatened. The Ministry advises calling the police if you are a victim of a crime such as assault, sexual assault or criminal harassment.

Do the rules apply if I work from home?

Yes. Since October 28, 2024, the OHSA applies to telework performed in or about a private residence, and the harassment definitions cover conduct done virtually through information and communications technology, such as messages, email or video calls.

Where can I get free help with workplace harassment in Ontario?

For harassment linked to a Human Rights Code ground, the Human Rights Legal Support Centre gives free, confidential legal advice at 1-866-625-5179. Pro Bono Ontario runs a Workplace Sexual Harassment Hotline at 1-855-776-1855. For an OHSA reprisal, non-union workers can contact the Office of the Worker Adviser at 1-855-659-7744, and union members can ask their union representative.