New Nova Scotia Law Adds Protection for Workers with Illness, Injury
In the fall of 2024, the Stronger Workplaces for Nova Scotia Act (Bill No. 464) received Royal Assent in Nova Scotia bringing important amendments to three key statutes: the Labour Standards Code, the Occupational Health and Safety Act and the Workers’ Compensation Act. These updates are aimed at improving protection for workers dealing with illness or injury and supporting a safe and timely return to work following a workplace injury.
A provision for serious illness leave is added to the Labour Standards Code. As of January 1, 2025, employees who have been employed for at least three months are now entitled to unpaid leave of up to 27 weeks if diagnosed with a serious illness (s. 60F). This new leave provision allows workers time to focus on their recovery without fear of losing their job.
The Occupational Health and Safety Act added a definition of “health and safety”, which now recognizes both physical and psychological health and safety (s. 3(r)). As of September 1, 2025, all employers in Nova Scotia will be required to establish and implement a workplace harassment prevention policy (s. 13(4)). The Governor in Council may make regulations respecting workplace harassment (s. 82(1)(ja)).
The Workers’ Compensation Act was amended to emphasize a renewed purpose (s. 1A), including to:
a) promote health and safety in workplaces.
b) facilitate the rehabilitation of and the safe and timely return to suitable work of workers who sustain personal injury or occupational disease arising from their employment.
c) provide compensation and other benefits to workers and to the survivors of deceased workers; and
d) require workers, employers and organizations supporting the workers' compensation system to work collaboratively with each other for the benefit of workers and employers.
A key change taking effect July 15, 2025, is the introduction of a “duty to cooperate” (s. 89A). This new obligation applies to both injured workers and employers, requiring them to actively participate in return-to-work efforts. Specifically, both parties must cooperate by:
a) contacting each other as soon as possible after the injury and maintaining communication throughout the period of the worker's recovery and impairment.
b) identifying suitable and available work for the worker that, where possible, restores the worker’s pre-injury earnings; and
c) providing the Workers’ Compensation Board (WCB) with information required to support return-to-work efforts.
Failure to comply with these obligations may result in penalties for the employer and/or worker. The WCB has introduced new policies to support and enforce the new duty to cooperate.
At Carter Simpson, we’ve seen the significant toll that both physical and psychological injuries can take in the workplace. Whether you’ve been hurt due to someone else’s negligence, or are navigating a WCB claim, we’re here to help you understand your rights and get the support you need.
If you have questions about these recent changes or how they may affect your situation, don’t hesitate to reach out.
Carter Simpson has prepared this document for information only. It is not legal advice. You should consult Carter Simpson about your unique circumstances before acting on this information. Carter Simpson excludes all liability for anything contained in this document and any use you make of it.