Strategic Overview For Employers And Organizational Leaders

First presented when invited to speak at a client's seminar. (Cliquez pour le français.)

Law 27, formally known as An Act to modernize the occupational health and safety regime, represents the most sweeping reform to Québec's workplace health and safety framework in more than 40 years. The legislation significantly expands employer duties and CNESST¹ oversight, shifting the focus from reactive accident response to proactive, systematic prevention with an explicit emphasis on psychological health and psychosocial risk factors, including harassment, violence of all forms, and mental well-being.

The modernization initiative responds to:

• Significant increases in claims related to psychological injuries
• The rise of remote and hybrid work models
• The need for systematic prevention in small and medium enterprises
• Societal evolution regarding violence, harassment, and mental health

The overarching goals are:

• Enhancing prevention culture
• Strengthening worker participation in health and safety governance
• Expanding legal protection to psychosocial risk factors
• Improving accountability through inspection and sanctions

As of October 6, 2025, all employers in Québec, regardless of industry activity sector, must now implement new internal structures and preventive mechanisms, which now include the identification and prevention of psychosocial risks such as:

• Harassment (psychological and sexual)
• Discrimination
• Toxic workplace climate/incivility
• Work overload/time pressure
• Role conflict or ambiguity
• Lack of support or autonomy

The law also expands on forms of violence that are now recognized and that Employers now have a duty to prevent, which are:

• Physical and psychological violence
• Sexual violence
• Domestic/intimate partner violence

Under Law 27, employers must intervene when they know or should reasonably know that an employee is exposed to such risks, including situations initiated outside the workplace that directly affect their health and safety at work.

The Law also allows for incurred powers of the CNESST and the CNEEST inspector where the health and safety of the employees are at risk or peril.

Who it applies to, and Whom must we consider?

Generally, it applies to employers that have operations in Quebec and employees in Quebec, and compliance requirements are dependent on the number of employees calculated over the period of the year:

The expanded definition of employees now includes students, temporary foreign workers, volunteers, and remote workers.

Exception: If the number of employees increases over 20 during the year, the obligations to implement a prevention plan are automatically triggered.

If during the year the number of employees falls below 20, the employer must maintain the prevention plan until the end of that calendar year.

In the case of multiple establishments, an employer can exceptionally group several establishments under one prevention plan, one health and safety representative, and CSS when the nature of the activity and the risks are of the same nature.

Prevention Program/Action Plan must include

• Identification and analysis of physical & psychosocial risks
• Preventive and corrective control measures
• Emergency procedures
• Required training
• Annual updates and evaluation
• Failing an agreement, this representative is designated by popular vote of the employees – they are the eyes and ears of the CNEEST.

Powers of the Health and Safety Representative and/or Health Liaison Representative include

• Workplace inspections and risk reviews
• Incident and complaint analysis
• Recommendations to the employer
• Monitoring implementation of corrective actions of the prevention plan/action plan and corrective actions
• Submits the complaint to CNEEST

Transmission requirements

Employers must transmit the program and annual updates to the CNESST, and where applicable, to workplace medical professionals.

As of October 6, 2025, Law 27 obligations are already in effect, and the deadline to transmit the prevention plan to the CNEEST is October 6, 2026.

Penalties & Consequences for Non-Compliance

• Significant administrative and penal fines for acts and omissions that directly and seriously compromise the health, safety, physical or mental well-being of an employee, to $15,000 - $60,000 for a first offence by a moral person, and
• Significantly higher penalties for repeat violations, i.e., can increase to $150,000 for every second offence, and up to $300,000 for every subsequent offence by a moral person
• Possible stop-work orders
• Special rules applying to construction employers
• Civil liability exposure and reputational risk

Law 27 represents a major structural shift in Québec workplace regulation, placing psychological health and violence prevention at the center of employer duties. Organizations that proactively prepare will reduce risk, strengthen culture, and position themselves competitively in talent attraction and retention.

The legal obligations under Law 27 have been in force as of October 6, 2025, and compliance planning and implementation must start now.

Footnote

1. The CNESST is the Québec government agency responsible for the enforcement of labour standards, pay equity, and occupational health and safety, as well as the compensation of workers who suffer workplace injuries. Its full name in French is Commission des normes, de l'équité, de la santé et de la sécurité du travail, and in English, Commission on standards, equity, health, and safety at work.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.