Bill 190: virtual harassment now counts as workplace harassment in Ontario

Published October 25, 2026 · Last reviewed October 25, 2026

Bill 190, the Working for Workers Five Act, 2024, made virtual harassment part of Ontario’s legal definition of workplace harassment on October 28, 2024. It is one part of the wider set of Ontario employer duties on harassment, violence and mental health, and this article covers what the new wording says and what to update.

What Bill 190 changed about virtual harassment

Schedule 4 of the Working for Workers Five Act, 2024 (S.O. 2024, c. 19) added “including virtually through the use of information and communications technology” to two definitions in subsection 1(1) of the Occupational Health and Safety Act (OHSA):

Workplace harassment now means “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 workplace sexual harassment.
Workplace sexual harassment gets the same words in its first part, on conduct because of sex, sexual orientation, gender identity or gender expression.

The Act received Royal Assent on October 28, 2024. Under the schedule’s commencement rule (the later of July 1, 2024 and Royal Assent), the changes took effect that day, as the current OHSA on e-Laws also shows.

Bill 190 did not add the virtual wording to the definition of workplace violence. The ministry guide already lists “sending threatening e-mails to a workplace” as an example of violence.

What counts as virtual harassment

The Act does not list platforms. The test is unchanged: a course of vexatious comment or conduct against a worker, known or that ought reasonably to be known to be unwelcome. The amendment makes plain that it can happen through technology.

The ministry’s guide to the law on workplace violence and harassment lists examples such as “repeated offensive or intimidating phone calls or e-mails” and “displaying or circulating offensive pictures or materials in print or electronic form.” In practice, think about:

demeaning messages in team chat or text threads;
intimidating or mocking comments on video calls;
a pattern of unwelcome messages about a worker’s sex, sexual orientation, gender identity or gender expression;
repeated abusive emails or messages from a client or member of the public.

Two limits still apply. Under subsection 1(4), reasonable management and direction is not harassment. The ministry guide lists job assessment and evaluation as examples, so fair feedback by email about missed deadlines is normally not harassment, though such actions can be if they “are not exercised reasonably and fairly.” Also, the definitions still refer to conduct “in a workplace,” which the Act defines as “any land, premises, location or thing at, upon, in or near which a worker works.” The Act does not settle every edge case, such as messages from a personal account after hours. Get legal advice on those.

Other changes in the same schedule

Telework. New subsection 3(1.1) says the OHSA applies to telework performed in or about a private residence.
Electronic posting. The violence and harassment policies may be posted electronically, if workers are told where and how to find them and can readily access them in the workplace (subsection 1(5)).

Schedule 4 also struck “at the workplace” from the rule that a committee meet at least once every three months (subsection 9(33)). It let other required postings, such as committee members’ names and the health and safety policy, be electronic, and added washroom cleaning duties from July 1, 2025.

The code of practice uses the new wording

The ministry’s Code of Practice to Address Workplace Harassment now quotes the updated definitions. In its policy section, it says the OHSA definition an employer includes in its policy “includes virtual harassment through the use of information and communications technology.” The code’s sample workplace harassment policy uses the updated statutory definition. The code’s policy elements also include a statement that the policy addresses harassment “from all sources such as customers, clients, employers, supervisors, workers and members of the public.” For how the code works and what following it means, see our guide to Ontario’s harassment code of practice.

What employers should do now

The core harassment duties did not change, apart from the new electronic posting option. You still need a harassment policy (section 32.0.1; it must be in writing and posted if six or more workers are regularly employed), a written program (section 32.0.6), an appropriate investigation of incidents and complaints, even when no one has formally complained (section 32.0.7), and instruction for workers (section 32.0.8). What changed is the scope. Use this checklist.

Update the definition in your policy. Make sure it quotes the current OHSA wording, including “virtually through the use of information and communications technology.” The policy must be reviewed at least once a year anyway.
Check your reporting routes. Remote and hybrid workers need a way to report that works for them, including a route to someone other than the employer or supervisor if that person is the alleged harasser.
Plan for digital evidence. For a more complex investigation, the ministry guide lists examining relevant documents or other evidence, such as emails, notes, photographs or videos. Tell workers to keep messages, and decide who can preserve records from your systems.
Consult your committee. The harassment program must be developed in consultation with the joint health and safety committee or health and safety representative, if any. The ministry guide says that consultation can happen electronically.
Refresh the instruction. The code of practice says workers must be informed and instructed when there are substantial changes to the policy or program. Use examples from chat, email and video calls so people recognize them.
Prepare supervisors. Supervisors often see a hostile chat thread first. The code calls for extra instruction for them, and says an investigation is needed when the employer is otherwise aware of an incident, for example “if a supervisor witnessed it.”

For the full list of what a harassment program must contain, read our guide to the Ontario workplace harassment policy and program requirements.

Where training fits

A policy tells people what is not allowed, and instruction on taking and investigating complaints has to come from your own harassment program. The Bedrock Minds Champion stream is for supervisors, HR, JHSC members and program leads. It covers finding hazards, building a plan and measuring results, plus the conversation skills of the 4C Pathway (Check, Connect, Care, Close the loop). Learners finish with a written 90-day plan for their own organization. On the in-person practical day, they rehearse realistic workplace scenes, scored against an observer checklist. The course is voluntary and is not a substitute for the instruction the OHSA requires. Committees can see how it fits on our page for joint health and safety committees.

Give your people a plan they have practised

Bedrock Minds combines online modules with one practical day where staff and leaders rehearse the conversations this article describes. Tell us about your team and we reply within one business day.

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This article is general information, not legal advice.