NS Employers: Prepare for New Legal Obligations in September 2025

Written by Erin Mitchell with assistance from Alexander Eddy, Articled Clerk in Halifax

Beginning September 1, 2025, employers in Nova Scotia will have a new set of obligations surrounding workplace harassment prevention and workplace safety.

On September 20, 2024, the Stronger Workplaces for Nova Scotia Act received Royal Assent and became law. This legislation amends the triad of statutes which establish the laws for employees and employers in the province: the Labour Standards Code, the Occupational Health and Safety Act (“OHSA”), and the Workers’ Compensation Act.

In broad terms, the purpose of the changes brought on by the Stronger Workplaces for Nova Scotia Act makes several changes to Nova Scotia’s employment and occupational health and safety laws in an effort to improve workplace safety. While many of the changes have already come into effect, there are at least three major changes still to come.

1. Mandatory Harassment Prevention Policy

Section 13 of the OHSA has been amended to include new subsection 4:

(4) Every employer shall, in accordance with the regulations, establish and implement a policy respecting the prevention of harassment in the workplace

Nova Scotia clients will likely already be familiar with the concept of a workplace harassment prevention policy, sometimes referred to as a respectful workplace policy, as having such policies has long been viewed as a matter of best practice.  Under the new legislation, these policies will become mandatory, and we keenly await the release of new regulations that will set out specific requirements of these polices. Once the new regulations are released, it will be important to ensure existing policies are in compliance.

2. New Definition of Health and Safety

Another major, but related development coming to the OHSA in September is an updated definition of “health and safety”. Prior to this amendment, “health and safety” under OSHA was not a defined term but had been focused on physical health and safety. Beginning September 1 of this year, section 3 of the OHSA will contain the following definition:

(r) “health and safety” includes both physical and psychological health and safety.

This is a significant development which follows a previous determination by the Nova Scotia Labour Board that psychological health was not contemplated in the existing statutory language. It comes on the heels of the September 2024 amendments to the Worker’s Compensation Act, which recognized gradual-onset psychological injury as a compensable claim.

3. Increased Reporting Requirements, and Penalties, under the Workers’ Compensation Act

Employers should also be aware of new Section 89A of the Workers’ Compensation Act, which comes into effect on July 15, 2025.

Not only does Section 89A strengthen the obligations on both employers and workers to report and cooperate with the Workers’ Compensation Board, subsection (3) also introduces significant consequences for non-compliance.

For employers, penalties for non-compliance can amount to ordering the full value of a claim payable to the worker, as well as reimbursement of any other expenditures the Board has made in respect to the worker’s claim. The new Section authorizes the Board to assess, in its sole discretion, when a party has failed to comply with any of their statutory obligations.

To ensure compliance, employers with injured workers should take extra care to ensure that they:

• contact injured workers “as soon as practicable”;
• maintain communication with the worker(s) throughout the recovery period;
• offer suitable work where possible; and
• provide information to the Workers’ Compensation Board as requested.

What Does the Stronger Workplaces for Nova Scotia Act Say About Harassment Prevention Policies?

As of right now, not much. We know that the requirement to implement harassment prevention policies applies to every employer, regardless of the nature of the business or the number of employees. This is different than existing mandatory policies in Nova Scotia, such as occupational health and safety, or violence in the workplace, but is generally consistent with similar legislation across the country. Otherwise, at present, employers are left to wonder what their policy should contain.

The good news is that the Stronger Workplaces for Nova Scotia Act contemplates harassment prevention regulations. This is consistent with how we have seen harassment policies legislated across Canada, including in the other Atlantic provinces. Whether these regulations will be published as standalone (similar to our Violence in the Workplace Regulations) or whether they will be included in one of the existing regulations made pursuant to the OHSA remains to be seen.

In February 2025, the Province published an online plain language guide entitled “How will the Stronger Workplaces for Nova Scotia Act affect you?” Per the guide, the upcoming regulations “will provide a framework for workplaces to create and implement their policy for workplace harassment.” It is possible that the content of these regulations will not be revealed until September 2025.

How Should Employers Prepare?

September is less than three months away, but no need to panic! If your business does not already have a harassment policy in place, now is a great time to start thinking about putting one together.

We anticipate that the impending harassment prevention regulations will provide both guidance for content and a transitional period that will allow employers sufficient time to get onside the new requirements.

For those employers which already have a policy in place, you are not off the hook.

When the harassment prevention regulations take effect, there will be an obligation on all employers to ensure that existing policies are compliant. That goes as well for employers headquartered or otherwise located outside of the province of Nova Scotia who regularly maintain one or more Nova-Scotia based employees.

What To Include in a Harassment Prevention Policy?

Nova Scotia is the last of the four Atlantic provinces, and one of the last common law provinces in Canada to mandate a harassment prevention policy. Our Halifax-based Employment and Labour Team has been turning to the legislated requirements in other provinces, as well as best practices across the country, to draft comprehensive respectful workplace policies for our clients. While we cannot definitively say what the upcoming regulations will require, the following are common mandatory elements in harassment prevention policies:

• a commitment that everyone is entitled to work free of harassment and that the employer will not tolerate harassment in the workplace;
• obligation statements: harassment prevention is a joint effort from everyone in the workplace. What is the employer responsible for? What are employees responsible for?
• a designated point of contact for employees who have been harassed or who have witnessed harassment;
• a process for reporting harassment under the policy;
• an investigative and documentary procedure: what can employees expect when bringing a complaint, what will the process entail, what are the confidentiality rights (and limitations) with respect to the employee(s), the investigator(s), and anyone else involved;
• a procedure for notifying the complainant(s) and respondent(s) of the results of the investigation, periodically if it is a lengthy investigation, and at its conclusion; and
• a clear statement that there shall be no reprisal, by the employer or any other person in the workplace, against anyone who makes or inquires about making a workplace harassment complaint in good faith.

While these requirements may seem straightforward, the details matter. For example, both Prince Edward Island and Newfoundland and Labrador require a statement that every employee is entitled to work free of harassment, and that the employer is committed to eliminating and minimizing harassment. Newfoundland and Labrador go a step further, however, adding obligations for employees such as not engaging in harassment, reporting harassment, and complying with the harassment policy.

Additional Best Practices

In addition to the anticipated minimum requirements above, we also encourage employers to:

• use defined terms and give specific examples in policies to increase clarity;
• provide regular and ongoing training on the policy and ensure all new employees are familiarized during onboarding;
• designate an alternative contact for reporting in the case of a conflict;
• consider what steps may be required to protect employees from harassment by individuals not subject to the policy, such as customers, contractors, vendors, and other members of the public;
• set out possible corrective and/or disciplinary procedures that are proportionate and applied consistently and equitably;
• consider how psychological safety factors into the harassment prevention plan; and
• review and update the policy regularly.

Takeaways for Employers

Employers who begin drafting their policies now will be well positioned when Nova Scotia’s harassment prevention regulations are revealed in September.

Clear policies ensure employees understand their right to a harassment-free workplace, the reporting process, how reports are handled and their right to confidentiality. Predictable, fair disciplinary processes help employees who breach harassment prevention policies understand why and how they are being disciplined. Clarity and predictability show employees that their well-being is a priority for their employer.

Cox & Palmer’s Employment and Labour group has been recommending that employers adopt these policies as a best practice well before the Stronger Workplaces for Nova Scotia Act. Now that these policies are becoming mandatory, we encourage all employers to seek legal advice on how to meet their new obligations.

If you or your employer require assistance creating or updating a workplace harassment prevention policy, or with understanding your obligations under the Stronger Workplaces for Nova Scotia Act, please contact a member of our Nova Scotia Employment and Labour group.