TL;DR - Law 42 Essential Summary

Since March 2024, Law 42 requires all Quebec employers to prevent psychological harassment and sexual violence.

➡️ Mandatory updated policy

➡️ Impartial, documented complaint process

➡️ Annual training for all staff

➡️ Mandatory incident register

💸 Penalties can reach $50,000, doubled for repeat offences.

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Why This New Law?

Adopted on March 27, 2024, Law 42 strengthens the Labour Code by requiring employers to maintain a harassment-free workplace.

  • It broadens the definition by explicitly including sexual violence
  • It increases CNESST powers (investigations, orders, sanctions)
  • It aims to protect all workers, regardless of organizational size or sector

Who Is Covered by Law 42?

All Employers

SMEs, non-profits, cooperatives, large organizations

Contractors / Third Parties

Staffing agencies, external consultants, and seconded workers

Telework

Obligations extend to remote work and electronic communications

No employer is exempt from these obligations.

Types of Conduct Covered

Psychological Harassment

Repeated words, actions, or behaviours that undermine dignity

Sexual Harassment

Unwanted behaviours of a sexual nature

Physical Violence

Acts, threats, behaviours creating risk to physical integrity

Domestic Violence at Work

Domestic or family violence manifesting in the workplace

Key Obligations Under Law 42

Updated Policy

Must include sexual violence, available remedies, and support resources.

Strengthened Complaint Process

Impartial investigation, written decision, communication of the outcome.

Mandatory Annual Training

For everyone (employees, managers, executives).

Posting and Distribution

Policy provided to every new hire and accessible at all times.

Incident Register

All complaints and measures must be recorded and kept for at least 5 years.

Expanded CNESST Powers

Unannounced visits, corrective orders, publication of non-compliance.

Possible Sanctions

Fines

From $2,000 to $50,000 (doubled for repeat offences)

Corrective Orders

Mandatory corrective actions with strict deadlines

Civil Liability

Damages may be awarded if employer fails in duty to prevent

Law 42 Checklist - Are You Compliant?

Updated internal policy including sexual violence
Impartial, documented complaint process
Annual training completed (proof retained)
Policy posted and provided to every new employee
Incident register created and kept for 5 years
Manager and staff responsibilities clearly defined
Internal communication plan in place

Link Between Law 42 and Law 27

Complementary laws. Law 27 modernizes the overall OHS framework, while Law 42 focuses specifically on preventing violence and harassment. Together, they promote a workplace that is safe both physically and psychologically.

Benefits of Compliance

  • Reduced risk of incidents and complaints
  • Improved trust and sense of safety
  • Stronger culture of respect and accountability
  • Enhanced employer brand
  • Lower absenteeism and turnover

How We Can Help

Exact RH Inc. offers end-to-end support through CRHAs:

  • Drafting or updating your prevention policy
  • Interactive training on preventing harassment and violence
  • Impartial investigations following a complaint
  • CNESST support (orders, inspections, corrective actions)
  • Building a culture based on respect and safety

Frequently Asked Questions (FAQ)

What is Law 42 in Quebec?

Law 42, adopted on March 27, 2024, strengthens the Labour Code by requiring employers to maintain a harassment-free workplace. It broadens the definition to explicitly include sexual violence and increases CNESST powers for investigations, orders, and sanctions.

Who does Law 42 apply to?

All Quebec organizations are covered: private sector, public sector, non-profits, SMEs, cooperatives, large organizations, contractors, staffing agencies, and external consultants. No employer is exempt from these obligations.

What types of conduct are covered?

Law 42 covers psychological harassment (repeated words, actions, or behaviours that undermine dignity), sexual harassment (unwanted behaviours of a sexual nature), physical violence, and domestic or family violence that manifests in the workplace.

What are the main obligations under Law 42?

Employers must: adopt an updated policy including sexual violence, implement an impartial complaint process, provide mandatory annual training for all staff, post and distribute the policy to every new hire, maintain an incident register for at least 5 years, and clearly define manager and staff responsibilities.

What are the penalties for non-compliance?

Fines range from $2,000 to $50,000, doubled for repeat offences. CNESST can issue corrective orders with strict deadlines, and civil liability may result in damages if the employer fails in its duty to prevent harassment.

Does Law 42 apply to telework?

Yes, obligations extend to telework and any place where work is performed. Organizations must assess risks of violence or harassment that can occur remotely, including through electronic communications.

Are non-profits and small organizations covered?

Yes, all organizations are fully covered regardless of size. Smaller structures must demonstrate reasonable, adapted measures. The responsibility remains: a safe, respectful environment for everyone.

What is the link between Law 42 and Law 27?

Law 42 and Law 27 are complementary. Law 27 modernizes the overall OHS framework, while Law 42 focuses specifically on preventing violence and harassment. Together, they promote a workplace that is safe both physically and psychologically.

How can we support a victim of harassment?

The organization must receive the report with respect and confidentiality, offer psychological support or refer to specialized resources, implement temporary safety measures, and address the situation quickly through an impartial and fair process.

How can Exact RH help with Law 42 compliance?

Exact RH offers end-to-end support: policy drafting or updates, interactive training on harassment prevention, impartial investigations following complaints, CNESST support for orders and inspections, and building a culture of respect and safety.

Turning Compliance into a Strategic Opportunity

Law 42 compliance is not just a legal constraint—it's an opportunity to build a culture of care and sustainable prevention.

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