Sean Kelly and Tiegan A. Scott

On September 5, 2024, the “Stronger Workplaces for Nova Scotia Act” (Bill No. 464) was introduced in the Nova Scotia House of Assembly for first reading by the Honourable Jill Balser (Minister of Labour, Skills and Immigration).  The Bill contemplates amendments to the Occupational Health and Safety Act, the Labour Standards Code and Workers’ Compensation Act which are significant to employers.  The proposed amendments include:

Occupational Health and Safety Act – harassment policies

If passed, the amendments to the Occupational Health and Safety Act would require employers to implement harassment prevention policies.  The Bill is silent on the scope and extent of what such policies would have to include, which would be prescribed by regulation at a later date. Although some Nova Scotia employers are already required to have policies touching on harassment prevention (e.g., those covered by the Violence in the Workplace Regulations), broadly mandating harassment policies for all employers in the province would align Nova Scotia with similar legislative obligations in other provinces.

In addition to the new harassment policy requirements, “health and safety” in the Act will be defined to include both “physical and psychological health and safety” – there is currently no definition of “health and safety”.

If passed, these amendments would be effective September 1, 2025.

Labour Standards Code – serious illness leave and sick leave

The proposed amendments to the Labour Standards Code pertain to protected sick leave provisions.  Specifically, employees diagnosed with a “serious illness” (which would include “serious injuries”) would be entitled to an unpaid leave of absence for a maximum of 27 weeks per 52-week period.

Additionally, the amendments contemplate providing five days of unpaid leave per year for any “illness or injury”, irrespective of severity.  This comes in addition to the current three-day allowance for absences related to family illnesses and medical appointments.

If passed, these amendments would be effective January 1, 2025.

Workers’ Compensation Act – collaborative return to work

The Bill proposes significant amendments to the Workers Compensation Act as it relates to communications between employers and employees following a workplace injury.  Specifically, the employer and employee will be required to be in contact with one another as soon as practicable following an injury, to maintain communication throughout the recovery process, and work collaboratively to create a return to work plan.  Employers who fail to contact an injured worker may be fined.

Notably, these proposed amendments come less than a month after the Nova Scotia Workers’ Compensation System Improvement Review Committee released its Review of the Nova Scotia’s Workers’ Compensation System, finding that it is one of the most expensive in Canada and, amongst other recommendations, advocating for a collaborative return to work process.

The Bill also proposes the addition of a purpose statement in the Act recognizing the intent to promote workplace health and safety, support the rehabilitation and return to work of injured or ill workers, provide compensation and benefits to affected workers or their survivors, and encourage collaboration among workers, employers, and organizations involved in the workers’ compensation system.

Finally, the Bill would require the Act to be reviewed every five years.

If passed, these proposed changes would take effect July 15, 2025.

Implementation

Prior to becoming law, the Bill must go through second and third readings before the House and receive Royal Assent.  We expect the Bill may move swiftly through the legislature, meaning that the changes to these important statutes are likely to come into effect on the dates contemplated above.

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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