Workplace Mental Health in Canada: Laws & Employer Duties

Mental health has become a workplace safety issue in its own right across Canada. Employers have legal duties here too: federal law added specific harassment and violence obligations in 2021, and provinces and territories impose health and safety duties that address risks such as harassment and violence. This guide covers what workplace mental health means, the laws at both levels, and what Mental Health Awareness training should include. 5,6

What is mental health in the workplace?

Workplace mental health refers to the psychological and emotional well-being of employees within the context of their work environment. It encompasses the impact of work-related factors on an individual's mental health, as well as the strategies and initiatives that employers and organizations can implement to promote and support positive mental health among their employees.

Workplace mental health involves a complex interplay of various factors, including job demands, workload, organizational culture, interpersonal relationships, work-life balance, job satisfaction, and the overall work environment. Employees' mental health can influence their performance, engagement and overall job satisfaction. 3

A psychologically healthy workplace is a respectful and productive environment that makes every reasonable effort to promote and protect the mental health of employees. 1

What are the risk factors for poor workplace mental health?

The following examples illustrate factors identified in the Government of Canada’s workplace psychological health guidance. They are situations to assess, not diagnoses or findings that a legal violation has occurred. 2

• High demand and/or low control - An employee is expected to absorb the work duties of two colleagues who have been let go due to organizational restructuring.
• High effort and/or low reward - An employee goes above and beyond to provide excellent customer service, but has never been recognized by the department for her contributions or work ethic.
• Unfair treatment - An executive promotes one employee over another due to favouritism only, not demonstrated experience or skills.
• Excessive workload - An intern is assigned many more projects than he can be reasonably expected to complete during his work term.
• Unfulfilling work - An employee is frequently assigned to photocopying duty by senior employees, thus rarely has an opportunity to work on cases related to his competencies.
• Low employee engagement and/or influence - Employees have no meaningful opportunity to raise concerns or contribute to decisions that affect their work.
• Little/no professional development opportunities - An employee's requests to attend a conference that would significantly help her to carry out her work duties are denied every year.
• Poor physical work environment - A broken air conditioner has not been repaired in over a year, causing employees in the office to become overheated and irritated during the summer months.
• Physical violence at work - A client forcefully shoves his legal advisor against a wall after the verdict of his trial is read.
• Abuse of Authority - A manager takes credit for a proposal that he did not author at a stakeholders' meeting and uses his power to discourage the employee from raising concerns.
• Discrimination - A recruiter excludes qualified applicants because of race, gender or disability.
• Sexual Harassment - A female employee receives unwanted comments of a sexual nature regarding her appearance from co-workers.
• Other Harassment - An employee follows a temporary worker around the office and repeatedly asks for personal information to which she has no right.
• Lack of Work Accommodation/Flexibility - An employee's request to take the day off due to a family emergency is denied by his boss.
• Non-Work Related Illnesses and/or Conditions - An employee who suffered a motor vehicle accident in the past year experiences anxiety at work.

The final example concerns a condition originating outside work. Workplace support and accommodation may still matter, but the condition should not be described as caused by the workplace.

What is a workplace mental health program or strategy?

A mental health workplace plan, also known as a mental health action plan or mental health strategy, is a structured set of initiatives, policies, and practices that an organization puts in place to promote and support the mental well-being of its employees. The goal of a mental health workplace plan is to create a positive work environment that prioritizes mental health, reduces stigma, and provides resources and support for employees who may be dealing with mental health challenges.

The components below are recommended practice rather than a single statutory checklist. The duties that actually bind an employer come from the legislation that applies in their jurisdiction, set out further down this page.

• Psychosocial Hazard Identification and Risk Assessment: Employers should identify and assess psychosocial hazards in the workplace that can lead to mental harm, such as excessive workload, poor communication, and conflict.
• Policy Development and Implementation: Employers should develop and implement policies and procedures that promote positive mental health and prevent work-related mental harm. These policies should cover areas such as workload management, communication, conflict resolution, and work-life balance.
• Training and Education: Employers should provide training and education to workers and supervisors on Mental Health Awareness, including how to identify psychosocial hazards, recognize when someone may need support, and respond within their role.
• Supportive Work Environment: Employers should develop a supportive work environment that promotes positive mental health, such as by promoting work-life balance, providing access to resources and support, and encouraging open communication.
• Early Intervention and Support: Employers should put systems in place to identify and provide early intervention and support to workers who are experiencing mental health problems. This can include access to employee assistance programs (EAPs), counselling, and other support services.

A program should address how work is organized as well as individual support. An employee assistance program does not replace action on excessive workload, harassment or other workplace hazards. 3,8

What does federal law require for workplace mental health?

Federally regulated employers have duties under Part II of the Canada Labour Code and the regulations that apply to their workplace. The Code’s definition of harassment and violence includes conduct that can reasonably be expected to cause psychological injury or illness, as well as offence, humiliation or physical harm. 4

The Canada Occupational Health and Safety Regulations address workplace hazards more broadly through a general hazard prevention program. Under Part XIX, employers to whom these regulations apply must develop, implement and monitor a hazard prevention program, with the required committee or representative participation. Section 19.1 sets out six components: 7

• An implementation plan.
• A hazard identification and assessment methodology.
• Hazard identification and assessment.
• Preventive measures.
• Employee training.
• A program evaluation.

Since January 1, 2021, the federal harassment and violence prevention regime has required prevention measures and training under the Canada Labour Code, s.125(1)(z.16) and (z.161). The Work Place Harassment and Violence Prevention Regulations set out the workplace assessment, prevention policy, training and resolution process. Training must reflect the workplace’s culture, conditions and activities. 5,6

The National Standard of Canada for Psychological Health and Safety in the Workplace, the first of its kind in the world, is a set of voluntary guidelines, tools and resources intended to guide organizations in promoting mental health and preventing psychological harm at work. Launched in January 2013, it guides organizations of all sizes and in all sectors and has been widely adopted across Canada and internationally. 8 CSA Z1003-13 (R2022), developed by CSA Group and the Bureau de normalisation du Québec, is available at no cost. 9,3 The Standard supports a workplace program; it does not replace the employer’s legal duties or establish an individual awareness certificate’s expiry. 8,3

What do the provinces and territories require for workplace mental health?

Does the law require workers to be trained on workplace mental health in Canada?

There is no single Canada-wide requirement to complete a course called “Mental Health Awareness”. Employers must provide the prevention measures and training required by the legislation that applies to their workplace. A general awareness course can support that work, but it does not automatically meet workplace-specific harassment and violence training duties.

The table identifies selected employer duties. Requirements differ by jurisdiction and by the workplace; it is not a complete checklist for every employer.

Selected employer duties in Canada — federal, provincial and territorial

It is important for employers to be familiar with the health and safety legislation in their province or territory and to ensure that their practices comply with those laws. Human rights obligations also matter: for example, federally regulated employers must accommodate disability-related needs, including mental health disabilities, up to undue hardship. That is a separate obligation from adopting a voluntary workplace mental health standard. 23

What is mental health awareness, and what are its limits?

Mental Health Awareness is a type of training designed to provide individuals with an understanding of mental health issues and how they can impact individuals in their personal and professional lives. This type of training aims to reduce the stigma surrounding mental health and promote a greater understanding and acceptance of mental health issues.

The goal is to make it easier to recognize when support may be needed and to understand the resources and procedures available at work. Awareness training is educational; it does not qualify a worker or supervisor to diagnose or treat a mental illness. 8

Who is responsible for training workers on workplace mental health?

Employers are responsible for providing any training required by the legislation that applies in their jurisdiction. Federally regulated employers, for example, must provide workplace harassment and violence prevention training. A general Mental Health Awareness course can support a workplace mental health program, but it is not itself universally required by Canadian law. 6

It is important for both employers and employees to work together to create a supportive and inclusive work environment that promotes positive mental health and well-being. Employees can take part in training, follow workplace procedures and raise concerns; this cooperation does not transfer the employer’s prevention or training duties to workers. 1

Who should be trained on workplace mental health?

Mental Health Awareness training is relevant across professions and industries. The level and type of training should reflect the work and the person’s role. The following are examples of work situations to consider, not a ranking of mental illness rates:

• Healthcare: Doctors, nurses and support staff may face demanding workloads and emotionally difficult situations. Training should connect awareness with the workplace’s support and reporting procedures.
• Emergency services: Police officers, firefighters and paramedics may be exposed to traumatic events. Awareness training can introduce these workers to PTSD symptoms and the importance of seeking help when needed. Awareness training should sit alongside the organization’s trauma-related prevention and support arrangements.
• Education: Teachers and other education professionals may experience stress related to workload, student behaviour and other job demands.
• Corporate: Corporate employees may experience stress related to work demands, long hours and job insecurity.
• Social services: Social workers, counsellors and others who support vulnerable people may face emotionally demanding work.

These examples draw on psychosocial factors such as workload, psychological demands, organizational support and exposure to traumatic events. Training should help people understand their role without promising that an awareness course alone will prevent or treat burnout, anxiety or post-traumatic stress disorder. 3

Can the training be done online?

Yes — Mental Health Awareness training can be completed entirely online. The course is theory-based, so there is no practical or in-person component to schedule. eSafetyFirst’s program has three modules and three tests, covering mental health and mental illness, four mental health conditions, and how to build a workplace mental health program. The listed duration is about 1 hour and 10 minutes. You can start, pause and resume at your discretion, and the course works across compatible devices.

One practical note: awareness training is the foundation level. If your workplace has taken on specific program duties — for example a harassment prevention policy or a psychological health and safety program — check what depth of training the employer’s policy and applicable law require. Some roles in those programs carry their own training requirements. 6

What does the eSafetyFirst program cover?

The eSafetyFirst Mental Health Awareness program covers the following:

• Understanding mental health and mental illness — definitions, the types of mental illness, and examples of how they can affect workplaces (Module 1).
• Four mental health conditions covered in the course — depression, anxiety disorder, bipolar disorder and post-traumatic stress disorder (PTSD): their symptoms and treatment or coping mechanisms (Module 2).
• Building a workplace mental health program — the strategic approach, the steps of an integrated program, and the challenges of implementing one (Bonus module).

When does the law require retraining on workplace mental health?

There is no single Canada-wide expiry period for a general Mental Health Awareness certificate. The National Standard, CSA Z1003, is a voluntary framework for organizations, not an individual certification renewal rule. The eSafetyFirst Workplace Mental Health Awareness certificate carries a printed expiry of three years from completion; that is our program’s practice, not a legal requirement. Follow your employer’s requirements and refresh training when relevant workplace risks, duties or program content change. 8

Keep that provider or employer schedule separate from statutory training cycles. Under s.12 of the federal Work Place Harassment and Violence Prevention Regulations, employees must receive the prescribed training within three months of starting employment and at least once every three years after that. They must also receive it following an update to the training or assignment to a new activity or role with increased or specific harassment and violence risk. A general awareness certificate does not, on its own, demonstrate that those requirements have been met. 6

Key takeaways

Mental Health Awareness training is an important step towards promoting mental health and well-being in the workplace and beyond. By increasing awareness and understanding of mental health conditions and of workplace stress, individuals can become better equipped to support themselves and their colleagues.

The law asks for more than awareness alone. Employers must meet the assessment, policy, prevention, training and response requirements that apply in their own jurisdiction. Awareness training can support a broader workplace mental health strategy when it is connected to those practical responsibilities.