Quebec Sexual Violence Safeguards: Compensation Presumptions and Worker Protections
Bill 42 introduces statutory presumptions, extended claim periods, and medical record protections for workers experiencing sexual violence in Quebec.
Editorial hold — human review pending.
Country: Canada. Research snapshot: 2026-10-20. Source / development date: 2024-03-27.
Unresolved verification flags
Bill 42 has phased commencement provisions. Check the enacted text, relevant commencement dates, later amendments and Quebec-only scope before assigning a particular obligation or deadline.
Resolve these limitations and the article-specific legal checklist before approval. This draft is educational information, not legal advice.
Canada. Development date: 27 March 2024. Research snapshot: 20 October 2026.
Under Bill 42, Quebec enacted statutory safeguards within the Act respecting industrial accidents and occupational diseases and the Act respecting labour standards to address sexual violence in employment [source: launch-source-19]. The reforms adjust the burden of proof, expand access periods for occupational injury claims, strictly regulate employer access to health records, and shield reporting workers from adverse reprisals [source: launch-source-19].
Statutory Presumptions and Filing Extensions
To facilitate legal claims, Bill 42 introduced sections 28.0.1 and 28.0.2 into the Act respecting industrial accidents and occupational diseases [source: launch-source-19]. Under section 28.0.1, a worker's injury or disease is presumed to have arisen out of or in the course of work when it results from sexual violence suffered by the worker and committed by the employer, an executive officer of a corporate employer, or any worker whose services are utilized by the employer [source: launch-source-19]. Under section 28.0.2, a disease arising within three months after a worker suffers sexual violence at the workplace is presumed to be an employment injury.
In tandem with these presumptions, the statute extended the general limitation periods for filing occupational injury claims. Under amended sections 270, 271, and 272, claims for an employment injury or occupational disease resulting from sexual violence must be filed within two years after the injury occurs or within two years after the worker becomes aware of the disease [source: launch-source-19]. Section 327 further establishes that the cost of benefits due to an employment injury resulting from sexual violence is imputed collectively across employers of all units, mitigating individual employer cost allocation.
Protection of Medical Privacy and Penalties
Bill 42 introduced explicit limitations on employer access to confidential medical files held by the CNESST. Under amended section 38, the employer does not have a personal right of access to the worker's medical file; only a health professional designated by the employer may access this file free of charge [source: launch-source-19].
Pursuant to amended section 39, the designated health professional may communicate to the employer only the information required to provide an assessment. To enforce compliance, section 458.1 created penal offences: an employer who attempts to obtain or obtains a restricted medical record, or misuses medical information, is liable to fines between $1,000 and $5,000 for natural persons, and between $2,000 and $10,000 for legal entities [source: launch-source-19]. Similar fines apply to non-compliant health professionals.
Protections Against Reprisal and Punitive Damages
Worker protections were also bolstered under the Act respecting labour standards. Section 122 was amended to classify it as a prohibited practice for an employer to impose sanctions or reprisals against an employee who has reported psychological harassment targeting another person or who has cooperated in managing a complaint [source: launch-source-19]. In addition, under amended section 123.15, the Administrative Labour Tribunal is empowered to order an employer to pay punitive damages to an employee who was the victim of psychological harassment, even if the worker sustained a compensable employment injury.
Governance Recommendations
Organizations should consider updating incident handling and compensation protocols. Employers should consider establishing strict firewalls between internal HR management and third-party occupational health advisers to prevent unauthorized access to medical records. In a hypothetical incident involving an allegation of sexual violence, management would ensure no disciplinary actions or schedule adjustments disadvantage witnesses or reporters, while human resources coordinates strictly through designated health practitioners for any CNESST claims review.
Legal review required
This publication is for educational information purposes and does not offer formal legal advice. Legal verification must address the following checklist prior to corporate reliance: Verify the current interpretations and application of statutory presumptions under sections 28.0.1 and 28.0.2 before the Administrative Labour Tribunal; check current CNESST claim forms and cost imputation guidelines under section 327; review corporate medical record intake practices to ensure strict adherence to section 38 privacy thresholds and penal offence provisions; and verify whether any recent jurisprudence impacts tribunal powers regarding punitive damages. Unsupported legal assertions must be reviewed and resolved before distribution.