Skip to Content

Nova Scotia to limit medical notes for employee absences

This article was updated on April 19, 2023.


By Mark Tector and Ben Currie

On April 12, 2023 Bill 256: Patient Access to Care Act received Royal Assent. Schedule B of the Bill is the Medical Certificates for Employee Absence Act (“Act”), which will take effect on July 1, 2023. The Act prevents a provincially regulated employer in Nova Scotia from requesting a certificate (i.e. medical note) from an employee related to the employee’s absence from work due to sickness or injury unless one of the following conditions are met:

  1. The absence continues for more than five consecutive working days; or
  2. The employee has had at least two non-consecutive absences of five or fewer working days due to sickness or injury in the prior 12-months.

Despite the name of the Act, the certificate can come from a “qualified health professional” who is providing a diagnosis, treatment or care to the employee with respect to the illness or injury causing the employee’s absence. This includes not only physicians, but any person who holds a license to practice a regulated health profession in Nova Scotia. The qualified health professional must be acting within their scope of practice when issuing the certificate.

Nova Scotia joins the remaining Atlantic provinces, which, through employment standards legislation, restrict the ability of provincially regulated employers from requesting a certificate as follows:

  • New Brunswick: If the employee’s absence is four or more consecutive days, the employer can request a certificate from a physician, nurse practitioner, or midwife.
  • Prince Edward Island: If the employee’s absence is three or more consecutive days, the employer can request a certificate from a physician.
  • Newfoundland and Labrador: If the employee’s absence is three or more consecutive days, the employee shall provide a certificate from a physician or nurse practitioner. This puts the obligation on the employee; however, practically employers may choose to waive the requirement depending on the circumstances.

Nova Scotia’s proposed Act differs from the legislation in the remaining Atlantic provinces in two important ways:

  1. It allows for a second condition whereby the employer may request a certificate for two non-consecutive absences of five or fewer working days within the prior 12-months; and
  2. It allows any regulated health professional in Nova Scotia to issue the certificate, provided they are operating within their scope of practice and treating the employee. This is much broader than the other Atlantic provinces which require the certificate to come from a physician, and in some Atlantic provinces a nurse practitioner or midwife.

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 a member of our Labour & Employment group.

Click here to subscribe to Stewart McKelvey Thought Leadership.

Archive

Privacy rights in the workplace: Supreme Court expands charter protections for public school teachers

BY Chad Sullivan & Chiara Nannucci

By Chad Sullivan and Chiara Nannucci Introduction A recent Supreme Court of Canada decision (York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22) has once…

Read More

New rules allowing Nova Scotia private sector employers to join Public Service Superannuation Plan take effect

BY Dante Manna & Noah Archibald

By Dante Manna and Noah Archibald The Provincial Government recently proclaimed the Private Sector Pension Plan Transfer Act (the “Transfer Act”) and newly released regulations on February 4, 2025. The…

Read More

Outlook for 2025 proxy season

By Andrew V. Burke, Colleen P. Keyes, Gavin Stuttard, David F. Slipp and Logan G. Walters With proxy season on the horizon, many public companies are once again preparing their…

Read More

Here we go again … how recent updates to Canada’s supply chain transparency reporting guidance may impact your 2025 reporting obligations

By Christine Pound, Colleen Keyes, K.C., and Daniel Roth As reporting entities and government institutions prepare their supply chain transparency reports, Public Safety Canada (“PSC“) has updated its guidance for…

Read More

Energy Watch 2025

Stewart McKelvey is pleased to present Energy Watch – a review of key legislative and policy advancements in the renewable energy sector in 2024 in Newfoundland and Labrador, Nova Scotia and New Brunswick and a look forward to anticipated activities in 2025.

Read More

Land use planning in Prince Edward Island – the year in review

BY Curtis Doyle

By Curtis Doyle Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities and planning professionals in…

Read More

The impact of possible tariff changes on Canadian importers and strategies for consideration (Part II)

BY Michelle Chai & Graeme Hiebert

By Michelle Chai and Graeme Hiebert This is the second in a two-part Thought Leadership series. To read Part I, click here. Appearance, design, best use, marketing and distribution While the…

Read More

Canada’s Energy Story: Energy Transition

Lawyers from our Energy Group were pleased to be featured in the latest issue of Canada’s Energy Story, an annual compendium of energy sector articles published by the Energy Council…

Read More

The impact of possible tariff changes on Canadian importers and strategies for consideration (Part I)

BY Michelle Chai & Graeme Hiebert

By Michelle Chai and Graeme Hiebert On January 20th, 2025, Donald Trump will be inaugurated as President of the United States. He has promised to swiftly impose tariffs on all…

Read More

Canada’s new criminal rate of interest takes effect

BY David Wedlake & Noah Archibald

By David Wedlake and Noah Archibald The Federal Government’s changes to the criminal rate of interest under the Criminal Code came into effect on January 1, 2025. These changes reduced…

Read More

Search Archive