Legal and operational policy considerations

Legal considerations

For policies required by legislation, much of the content will be based on the legislative requirements applicable to your jurisdiction and area of work. At a minimum, consider:

• Employment/Labour Standards
• Privacy legislation
• Occupational Health and Safety
• Human Rights
• Workers Compensation

Organizations also need to be aware of how legislation may periodically apply to their workplace, such as provisions for releasing staff to vote on election day or legislation related to organizing a union.

Other legal considerations may be specific to your workplace, consider:

• What are the legal implications of developing a policy? Remember, even though a policy may not be expressly required to govern a situation, you could be putting your organization at risk if you create one and then don’t follow it.
• Do you have any collective agreements that need to be considered?

Employment/Labour Standards

• Federal Labour Standardsopens in new tab
• Alberta Employment Standardsopens in new tab
• British Columbia Employment Standardsopens in new tab
• Manitoba Labour Standardsopens in new tab
• New Brunswick Employment Standardsopens in new tab
• Newfoundland and Labrador Labour Standardsopens in new tab
• Nova Scotia Employment Standardsopens in new tab
• Ontario Employment Standardsopens in new tab
• Prince Edward Island Employment Standardsopens in new tab
• Québec Employment Standardsopens in new tab
• Saskatchewan Employment Standardsopens in new tab
• Northwest Territories Employment Standardsopens in new tab
• Nunavut Labour Standardsopens in new tab
• Yukon Employment Standardsopens in new tab

Human Rights Commissions/Tribunals

• Human Rights in Canadaopens in new tab
• Alberta Human Rights Commissionopens in new tab
• British Columbia Human Rights Tribunalopens in new tab
• Manitoba Human Rights Commissionopens in new tab
• New Brunswick Human Rights Commissionopens in new tab
• Newfoundland and Labrador Human Rights Commissionopens in new tab
• Nova Scotia Human Rights Commissionopens in new tab
• Ontario Human Rights Commissionopens in new tab
• Prince Edward Island Human Rights Commissionopens in new tab
• Commission des droits de la personne et des droits de la jeunesse Québecopens in new tab
• Saskatchewan Human Rights Commissionopens in new tab
• Northwest Territories Human Rights Commissionopens in new tab
• Nunavut Human Rights Tribunalopens in new tab
• Yukon Human Rights Commissionopens in new tab

Operational considerations

The following operational considerations can help you shape an appropriate policy for your workplace and organization needs.

• What does this policy need to accomplish?
• How does this policy support the development of your desired work culture?
• How will this policy be monitored and enforced?
• How will this policy impact your ability to act, such as reviewing performance, awarding promotions, approving leave, hiring, or termination?
• How will this policy affect your ability to attract quality candidates?
• How has your organization handled this issue in the past?
• Does the size of your workforce justify having a policy about this issue?
• Are you willing to invest the time it takes to keep the policy up to date?
• Will this policy reflect and/or support something your organization believes in? For example, if your organization has a “family first” philosophy, you may want to have family-positive policies, such as flexible work hours.
• How does this policy impact funder requirements?
• Is this policy developed with an anti-oppression lens (equity, equality, inclusiveness, access, and respect)?