# How Should an Employer Conduct a Workplace Investigation Under Federal Jurisdiction?

> Federally, employers regulated under the Canada Labour Code must follow the Work Place Harassment and Violence Prevention Regulations: assess whether the complaint meets the Code's definition of harassment and violence, notify both parties, select an investigator (a "competent person") in the order the regulations set, keep the process confidential, and complete it within one year of receiving the notice of occurrence.

Published 2026-09-04 · Last reviewed 2026-08-30 · [Canonical page](https://canadalegalcenter.ca/articles/how-should-an-employer-conduct-a-workplace-investigation-under-federal-jurisdict/)

Legal information, not legal advice.

## The step-by-step federal process

Federally regulated employers (banks, airlines, telecommunications, interprovincial transport, and other sectors under the Canada Labour Code) must follow the [Work Place Harassment and Violence Prevention Regulations](https://laws-lois.justice.gc.ca/eng/regulations/SOR-2020-130/FullText.html) once a notice of occurrence is received. The steps below follow the order the regulations impose.

1. **Assess whether the notice meets the statutory definition.** The employer must review the notice of occurrence with the "principal party" (the person who experienced the alleged harassment or violence) and consider whether the described conduct fits the Code's definition of ["harassment and violence"](https://laws-lois.justice.gc.ca/eng/acts/l-2/section-122.html), which is deliberately broad: any action, conduct, or comment, including of a sexual nature, that could reasonably be expected to cause offence, humiliation, or physical or psychological injury. The [ESDC list of employer duties](https://www.canada.ca/en/employment-social-development/programs/workplace-health-safety/harassment-violence-prevention/employer-list.html) confirms the employer must provide notice that an investigation will be conducted if the principal party requests one.

2. **Give formal notice to both parties.** Under [section 26 of the Regulations](https://laws-lois.justice.gc.ca/eng/regulations/SOR-2020-130/FullText.html), the employer or a designated recipient must notify both the principal party and the responding party (the person alleged to have engaged in the conduct) that an investigation is going to be carried out.

3. **Weigh negotiated resolution or conciliation alongside the investigation.** The principal party and responding party may attempt to resolve the matter by [conciliation under section 24](https://laws-lois.justice.gc.ca/eng/regulations/SOR-2020-130/page-2.html) if they agree both to conciliation and to a facilitator. These informal routes and a formal investigation can proceed in parallel, but [ESDC's interpretation guideline](https://www.canada.ca/en/employment-social-development/programs/laws-regulations/labour/interpretations-policies/104-harassment-violence-prevention.html) is explicit that an investigation must still go ahead even if the employer believes the parties have already resolved the occurrence informally.

4. **Select the investigator in the prescribed order.** [Section 27(1) of the Regulations](https://laws-lois.justice.gc.ca/eng/regulations/SOR-2020-130/FullText.html) requires the employer or designated recipient to select an investigator from a set order of priority, rather than choosing freely.

5. **Confirm the investigator meets the qualification standard.** According to [ESDC's consultation report](https://www.canada.ca/en/employment-social-development/programs/workplace-health-safety/harassment-consultation/reports/prevention-regulations.html), the investigator (sometimes called a "competent person") must be mutually agreed to by both parties, impartial, and possess the knowledge, training, and experience needed for the case. Baseline eligibility, per [ESDC's investigator eligibility criteria](https://www.canada.ca/en/employment-social-development/programs/workplace-health-safety/harassment-violence-prevention-investigators/eligibility.html), includes at minimum a high school diploma or equivalent plus specific investigative training.

6. **Run the investigation under confidentiality.** The employer must ensure confidentiality for everyone involved, including witnesses, throughout the process, as set out in [ESDC's 2021 annual report](https://www.canada.ca/en/employment-social-development/services/health-safety/reports/2021-workplace-harassment-violence.html).

7. **Complete the whole process within one year.** [ESDC guidance for employers](https://www.canada.ca/en/employment-social-development/programs/workplace-health-safety/harassment-violence-prevention/complaints/resolve.html) states the resolution process, including any investigation, must be completed transparently within one year of the employer receiving the notice of occurrence. Once the investigator's report is delivered, the parallel option of resolving through negotiated resolution or conciliation closes, per the same ESDC interpretation guideline cited above.

## A worked example

A federally regulated courier company receives a notice of occurrence on March 1: an employee alleges a coworker made repeated comments that caused humiliation. Under step 1, the employer reviews the notice against the section 122(1) definition and concludes it qualifies. Within the following days it issues formal notice to both employees under section 26. The parties briefly attempt conciliation under section 24, but it does not resolve matters, so the employer proceeds to select an investigator under the section 27(1) order of priority, confirming the person is mutually agreed to, impartial, and trained. The investigator's report is delivered in October, closing off any further conciliation. The full process, notice to report, finishes well inside the one-year deadline running from March 1.

## Common mistakes

- **Treating an informal resolution attempt as a substitute for investigation.** Federally, once an occurrence has triggered the process, the investigation must proceed even if the employer thinks the parties have already sorted things out on their own, per the ESDC interpretation guideline above.
- **Picking an investigator without following the required order.** Section 27(1) sets a specific order of priority; skipping it, or choosing someone unilaterally without mutual agreement and the required impartiality and training, undermines the investigation's validity.
- **Continuing informal resolution talks after the report lands.** Once the investigator's report is provided to the employer, negotiated resolution and conciliation are no longer available as a way to close out the occurrence.
- **Letting confidentiality slip for witnesses.** The duty to keep the process confidential extends to everyone involved, not just the principal and responding parties.
- **Losing track of the one-year clock.** The full resolution process, not just the investigation itself, must be completed within one year of the employer receiving the notice of occurrence.

## Frequently asked questions

**Does this federal process apply to my workplace?**

It applies only to employers regulated under the Canada Labour Code, meaning federally regulated workplaces such as banks, airlines, and interprovincial transportation. Employers in Ontario or Alberta whose business is not federally regulated follow their own provincial occupational health and safety rules instead, which are not covered by this process.

**Can the employer just pick whichever investigator it wants?**

No. Federally, the Work Place Harassment and Violence Prevention Regulations set a specific order of priority for who can be selected, and the person chosen must be mutually agreed to by both parties, impartial, and have the necessary knowledge, training and experience.

**If the two employees settle things informally, does the investigation still have to happen?**

Federally, once an investigation is triggered, it must be carried out even if the employer believes the parties have already resolved things informally. Negotiated resolution and conciliation can run alongside a formal investigation, but they stop being available once the investigator's report is delivered to the employer.

**How long does a federally regulated employer have to finish the process?**

The entire resolution process, which may include an investigation, must be completed in a transparent manner within one year of the employer receiving the notice of occurrence.


## Sources

1. [Canada Labour Code, s 122(1)](https://laws-lois.justice.gc.ca/eng/acts/l-2/section-122.html), Canada Labour Code, RSC 1985, c L-2, s 122(1)
2. [ESDC - List of employer and designated recipient duties](https://www.canada.ca/en/employment-social-development/programs/workplace-health-safety/harassment-violence-prevention/employer-list.html), Guidance on Work Place Harassment and Violence Prevention Regulations, SOR/2020-130
3. [Work Place Harassment and Violence Prevention Regulations, ss 26, 27(1)](https://laws-lois.justice.gc.ca/eng/regulations/SOR-2020-130/FullText.html), Work Place Harassment and Violence Prevention Regulations, SOR/2020-130, ss 26, 27(1)
4. [Work Place Harassment and Violence Prevention Regulations, s 24](https://laws-lois.justice.gc.ca/eng/regulations/SOR-2020-130/page-2.html), Work Place Harassment and Violence Prevention Regulations, SOR/2020-130, s 24
5. [ESDC - Workplace Harassment and Violence Prevention Regulations, What We Heard](https://www.canada.ca/en/employment-social-development/programs/workplace-health-safety/harassment-consultation/reports/prevention-regulations.html), Employment and Social Development Canada, 'Workplace Harassment and Violence Prevention Regulations - What We Heard'
6. [ESDC - Workplace Harassment and Violence Prevention Investigators, Eligibility](https://www.canada.ca/en/employment-social-development/programs/workplace-health-safety/harassment-violence-prevention-investigators/eligibility.html), Employment and Social Development Canada, Investigator Eligibility Criteria under SOR/2020-130
7. [ESDC Interpretations, Policies and Guidelines 943-1-IPG-104](https://www.canada.ca/en/employment-social-development/programs/laws-regulations/labour/interpretations-policies/104-harassment-violence-prevention.html), ESDC Interpretation, Policy and Guideline 943-1-IPG-104, interpreting SOR/2020-130
8. [ESDC 2021 Annual Report on Work Place Harassment and Violence Prevention](https://www.canada.ca/en/employment-social-development/services/health-safety/reports/2021-workplace-harassment-violence.html), Employment and Social Development Canada, 2021 Annual Report on SOR/2020-130
9. [ESDC - Employers: Resolve with the complainant](https://www.canada.ca/en/employment-social-development/programs/workplace-health-safety/harassment-violence-prevention/complaints/resolve.html), Guidance on Canada Labour Code / SOR/2020-130 (one-year resolution timeline)