New harassment prevention obligations for Nova Scotia employers

By Sean Kelly, Katharine Mack and Tiegan Scott

Effective September 1, 2025, amendments to the Occupational Health and Safety Act passed last year will require employers in Nova Scotia to implement workplace harassment policies.  However, the amendments do not describe what must be included in these policies.  The Nova Scotia Occupational Health and Safety Division of the Safety Branch of the Department of Labour, Skills and Immigration (“OHS Division”) has opted to reveal these later via Regulation.

Over the past few weeks, the OHS Division has been conducting information sessions and soliciting feedback from Nova Scotians about key components of the proposed Harassment in the Workplace Regulations.  Earlier today, the OHS Division hosted a Webinar and provided the following clarity with respect to the content of the forthcoming Regulations:

• The Regulations will become effective on September 1, 2025, and are expected to be released by mid-summer, along with a companion guide for employers. 
• The definition of harassment will largely mirror the language from the Workers’ Compensation General Regulations:

“workplace harassment or bullying” means a single significant occurrence or a course of repeated occurrences of objectionable or unwelcome conduct, comment or action in the workplace that, whether intended or not, degrades, intimidates or threatens, and includes all of the following, but does not include any action taken by an employer or supervisor relating to the management and direction of a worker or the workplace:

(i)      workplace harassment or bullying that is based on any personal characteristic, including, but not limited to, a characteristic referred to in clauses 5(1)(h) to (v) of the Human Rights Act,

(ii)     inappropriate sexual conduct, including, but not limited to, sexual solicitation or advances, sexually suggestive remarks or gestures, circulating or sharing inappropriate images or unwanted physical contact.

• Employer harassment policies will need to include:
  • A definition of harassment that aligns with the Regulations.
  • A commitment that the employer will address workplace harassment
  • A statement that employees have a right to a harassment free workplace.
  • Information on recognizing, preventing and responding to harassment.
  • Procedures on how and to whom workplace harassment should be reported.
  • The process for how a complaint will be investigated.

• All employers will be required to implement a harassment policy, no matter the size of their workforce.
• All employees must receive training on the employer’s harassment policy.
• Employers must review the harassment policy at least once every 3 years.

The OHS Division has invited members of the public to comment online here until May 16.

Many employers already have robust policies in place covering harassment in the workplace. These organizations do not necessarily need to revoke or replace their existing policies; however, given the specific definition of “harassment”, employers will need to review the content of their existing policies to ensure compliance with the new Regulations.

Stewart McKelvey is continuing to monitor updates and regulations published by the OHS Division and will provide further updates as additional information becomes available.

This client update is provided for general information only and does not constitute legal advice. If you have any questions about the above, please contact the authors, or a member of our Labour & Employment Group.

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