Bill 464, Stronger Workplaces for Nova Scotia Act: Is Your Business Ready?
- OHSA
Charlie Herrera Vacaflor, Employment Law & HR Content Senior Consultant
(Last updated )
Charlie Herrera Vacaflor, Employment Law & HR Content Senior Consultant
(Last updated )
Jump to section:
- Stress on the job site is now the employer’s legal problem
- Your "informal" harassment policy is now illegal: What you need by September 2025
- Think twice before you retaliate: Understanding the new "reprisal" rules
- New mandatory “duty to cooperate” during the return-to-work process
- Employers must find “suitable work” for employee returning after injury
A comprehensive shift in workplace legislation is rolling out across Nova Scotia, and what you don't know
can
hurt you. Bill 464, the
Stronger Workplaces for Nova Scotia Act
, is not a minor tweak to the rulebook; it marks a substantial revision of workplace policies affecting both employees and employers. This sweeping legislation fundamentally alters the
Labour Standards Code
, the
Occupational Health and Safety Act
, and the
Workers' Compensation Act
. For busy employers, these changes introduce a minefield of new legal duties and operational hurdles that demand immediate, strategic action to avoid costly compliance failures.
This blog covers the major changes made to Nova Scotia's
Labour Standards Code
, the
Occupational Health and Safety Act
, and the
Workers' Compensation Act
.
Stress on the job site is now the employer’s legal problem
As of September 1, 2025
, the definition of "health and safety" gets a radical update. The
Occupational Health and Safety Act
(OHSA) now explicitly includes "psychological health and safety," making it a legal duty. This means you are now legally obligated to protect your employees from psychological hazards—like excessive stress, burnout, harassment, and bullying—with the same seriousness you apply to physical dangers. Ignoring the mental well-being of your team is no longer just bad management; it's a breach of your legal duty of care.
Your "informal" harassment policy is now illegal: What you need by September 2025
The days of handling harassment "informally" are over. The OHSA now requires every single employer to have a formal, written workplace harassment prevention policy
in place by September 1, 2025
. Government regulations will set the specific requirements for these policies. While the law does protect "reasonable management actions," relying on an unwritten, casual approach to harassment is a direct path to legal liability.
Think twice before you retaliate: Understanding the new "reprisal" rules
The law has also sharpened its language to better protect employees. The term "discriminatory action" has been replaced with "reprisal" throughout the OHSA. This change creates a stronger, clearer shield for workers who report unsafe conditions or exercise their health and safety rights. It sends a clear message: Any form of retaliation against an employee for speaking up about safety is strictly prohibited and will be treated as a serious violation.
New mandatory “duty to cooperate” during the return-to-work process
Effective July 15, 2025
, the
Workers' Compensation Act
(WCA) introduces a mandatory "duty to cooperate" for both employers and injured employees. This isn't a suggestion; it's a legal command. You are now required to contact your injured worker promptly, maintain open communication, and actively find "suitable work" for them. In return, employees must also participate in the process, creating a legally binding partnership focused on a safe and timely return to work.
Employers must find “suitable work” for employee returning after injury
The law defines "suitable work" as a role the employee is skilled and medically able to perform safely. But what happens if the project they were on has ended? This is a major challenge for many industries. The new rules require employers to think creatively and proactively, identifying potential modified or light-duty roles across the entire company to fulfill their obligation. Simply saying "there's no work" is no longer a sufficient defense.
Staggering fines for employers and employees who fail to cooperate
in the return-to-work process
This new duty has serious consequences. If the Workers' Compensation Board (WCB) finds that an employer has failed to cooperate, it can levy a penalty up to the
full capitalized value
of the worker's entire claim. On the other hand, a non-compliant worker can have their benefits suspended or terminated. These penalties make it clear that active, documented participation in the return-to-work process is a non-negotiable business imperative.
New job-protected unpaid personal sickness or injury leave
From January 1, 2025,
the old way of tracking leave has become officially obsolete. The law now mandates up to five days of unpaid leave specifically for an employee's personal sickness or injury. This is a brand-new, separate bank of time. It's critical you don't confuse it with the pre-existing three days of unpaid leave employees can use for family responsibilities. Your internal policies and payroll systems must be updated to track these two leave categories separately, or you risk falling out of compliance.
New job-protected unpaid serious illness or injury leave
The biggest game-changer is a new job-protected, unpaid leave of up to 27 weeks for any employee diagnosed with a serious illness or injury. This leave aligns with Federal EI benefits and is available to anyone who has been with you for at least three months. While you can ask for a doctor's note, the real challenge is administration. This leave can be taken in intermittent one-week blocks, creating a tracking nightmare for even the most organized HR department.
Need support being compliant with the new changes?
Navigating the sweeping changes of Bill 464 is a monumental task, and the deadlines are fast approaching. These new laws demand a strategic overhaul of your policies on employee leave, safety, and injury management. The requirement for a workplace harassment prevention plan requires more than just a new document—it requires a cultural shift that must be effectively taught and internalized by your entire team.
Why risk costly missteps? Peninsula Canada's
_blank
health and safety services
are here to cut through the complexity and help your business become compliant fast.
Our experts will provide the best practices and hands-on support you need to jumpstart implementation, from
_blank
airtight policies
to delivering training that sticks.
To learn more about how our services can help your business, call an expert today at
(1) 833 247-832
.
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