Ontario's definition of workplace harassment just got wider — and if your policies haven't caught up, you're exposed.
As of January 1, 2026, amendments under the Working for Workers Five Act (Bill 190) explicitly extend the OHSA's definitions of "workplace harassment" and "workplace sexual harassment" to include conduct that occurs virtually through the use of information and communications technology. That means inappropriate behaviour on Zoom calls, in Slack channels, through email, or on any digital platform now falls squarely within the statutory framework.
This isn't a subtle policy tweak. It's a formal expansion of employer liability into the digital workspace — and most Ontario employers haven't updated their policies to reflect it.
What Changed, Exactly
The OHSA previously defined workplace harassment as "engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome."
Bill 190 adds the phrase "including virtually through the use of information and communications technology" directly into the definitions of both workplace harassment and workplace sexual harassment.
In parallel, the scope of the OHSA has been expanded to capture telework performed in or about a private residence — meaning remote workers are now explicitly covered.
Combined with the precedent from the Metrolinx ruling (which established that off-duty conduct in private encrypted group chats can trigger the duty to investigate), Ontario employers are now operating in an environment where:
- Location doesn't matter. Harassment in a home office, on a personal device, or through a private messaging app can all be workplace harassment.
- Platform doesn't matter. Zoom, Teams, Slack, WhatsApp, email, social media — if the conduct involves coworkers and is connected to the employment relationship, it's covered.
- A formal complaint isn't required. Under the Metrolinx precedent, the duty to investigate is triggered by knowledge of an incident, not receipt of a complaint.
What This Means for Ontario Employers
1. Your Harassment Policy Likely Needs Updating
If your workplace harassment policy doesn't explicitly reference virtual conduct, information and communications technology, or remote work scenarios, it's out of date. The OHSA requires employers to have a harassment policy — and that policy must reflect the current law.
Specifically, your policy should now address:
- Conduct on video calls (inappropriate comments, gestures, virtual backgrounds)
- Behaviour in messaging platforms (Slack, Teams, WhatsApp — including "private" channels)
- Email and social media interactions between coworkers
- Harassment that occurs during remote work, even outside business hours
2. Your Investigation Process Must Cover Digital Evidence
Investigating virtual harassment requires different evidence-gathering capabilities than in-person incidents. Your workplace investigation process should now include:
- Protocols for preserving digital evidence (chat logs, emails, screenshots, video recordings)
- Guidance on the scope of investigation when conduct crosses personal and work platforms
- Confidentiality procedures adapted for digital communications
- Awareness that metadata (timestamps, read receipts, IP addresses) can be relevant
3. Training Must Be Updated
The OHSA mandates training on your harassment policies and programs. With the virtual expansion, training should now cover:
- Examples of virtual harassment (not just in-person scenarios)
- Reporting mechanisms for conduct that happens on digital platforms
- Manager obligations when they witness inappropriate virtual conduct
- The intersection of personal device use and employer obligations
4. Remote Work Policies Need Integration
If you have a remote work or hybrid work policy, it needs to be cross-referenced with your harassment policy. Workers performing telework from a private residence are now explicitly within the OHSA's scope. There should be no ambiguity about whether your harassment protections apply to remote employees.
What to Do Now
Step 1: Audit your current workplace harassment policy. Does it reference virtual conduct? Digital communications? Remote work? If not, update it immediately.
Step 2: Review your investigation procedures. Ensure your investigators — whether internal or external — have protocols for digital evidence collection and preservation.
Step 3: Update your training materials. Include virtual harassment scenarios in your next round of mandatory OHSA training. Ensure all employees, including remote workers, complete the updated training.
Step 4: Brief your managers. Front-line managers and supervisors need to understand that their duty to report and address harassment extends to virtual interactions. If they see inappropriate behaviour on a Teams call, they can't look the other way.
Step 5: Document everything. With the expanded scope of the OHSA — and the new Administrative Monetary Penalty regime allowing inspectors to issue fines for missing records — documentation is more critical than ever.
The Bottom Line
Ontario's message to employers is clear: harassment doesn't get a pass because it happens through a screen. The law has caught up to the reality of hybrid and remote work, and employers who haven't updated their policies, training, and investigation processes are carrying unnecessary risk.
If your organization needs help updating your workplace harassment policies or conducting investigations that meet the current OHSA standard — including virtual and remote work scenarios — reach out to our team. We help Ontario employers get compliant and stay there.
This article is for informational purposes only and does not constitute legal advice. Consult your legal counsel for guidance specific to your situation.