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- Stronger Workplaces for Nova Scotia Act (Bill 464): An Employer’s Guide
Stronger Workplaces for Nova Scotia Act (Bill 464): An Employer’s Guide
- Legislative updates
Charlie Herrera Vacaflor, Employment Law & HR Content Senior Consultant
(Last updated )
Charlie Herrera Vacaflor, Employment Law & HR Content Senior Consultant
(Last updated )
Provinces across Canada from time to time make amendments to their employment legislation through the introduction of Bills. These changes are meant to protect employees, benefit employers, and strengthen the economy and desirability of the province.
What is the Stronger Workplaces for Nova Scotia Act (Bill 464)?
Recently, the government of Nova Scotia introduced
Bill 464, Stronger Workers for Nova Scotia Act (2024)
(“Bill 464”), in an effort to improve worker health & safety and employee morale.
This Bill establishes changes to three different pieces of legislation in the province:
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The Labour Standards Code (LSC)
,
the
Occupational Health and Safety Act
(OHSA), and the
Workers’ Compensation Act
.
These changes will hold significant implications for employers in Nova Scotia and their business operations.
What are the 2024 amendments to the Labour Standards Code (LSC)?
The changes to the LSC impact leaves of absence for employees, including eligibility, number of entitled days off, and necessary documentation for verification.
Serious Illness Leave in Nova Scotia
Bill 464 introduces a new statutory leave of absence: The Serious Illness Leave. Eligible employees are now entitled to unpaid leave of absence of up to 27 weeks if they are diagnosed with a serious illness or suffer a serious injury. The Serious Illness Leave cannot last beyond 27 weeks within any 52-week period (exceptions may apply).
Leave eligibility
Employees will be eligible for this statutory leave once they have completed at least three (3) months of employment.
Employers in Nova Scotia may require employees to provide information in support of their request for the leave of absence. This information request must be previously submitted and approved by the Director of Employment Standards.
Future regulations will determine the scope of the information that employers may request from the employee. Until then, employers may request information that they deem reasonable in the circumstances.
Sick and Family Responsibility Leave
The period of statutory sick leave has been increased to five unpaid days per year from three unpaid days. Additionally, Bill 464 now provides for another three days of unpaid leave to care for a sick or injured child, parent or family member, or for medical, dental, or other similar appointments that may occur during work hours.
Employees should provide notice of these leaves of absence to their employer as soon as possible.
To be compliant with these amendments to the LSC, employers in Nova Scotia must review and modify workplace policies, especially those related to Leaves of Absence. These amendments will come into force on January 1, 2025.
What are the amendments to the Occupational Health and Safety Act of Nova Scotia?
1. Health & safety definition
– The Act has added a definition of “health & safety” to now include both physical and psychological health and safety.
2. Workplace harassment policy
– Bill 464 introduces a new requirement for all provincially-regulated workplaces: employers must now develop and implement a Workplace Harassment Prevention Policy. This requirement is in addition to existing Workplace Violence and Harassment Policies that may be in place.
3. Right to Refuse Work
– An employee who claims a refusal to perform unsafe work may be reassigned to perform alternative work by the employer. An employer’s decision to reassign an employee will not equate to reprisal under the amendments.
Amendments under points 2 and 3 will come into force on September 1, 2025.
Employers must note that they will have to develop and draft a Workplace Harassment Prevention Policy, which may require them to conduct a risk assessment in the workplace. This will help them determine and prioritize areas where prevention is needed.
What are the amendments to the Workers’ Compensation Act in Nova Scotia?
Return to Work
– Bill 464 introduces new employer and employee duty to cooperate related to the safe return of an injured worker into the workplace.
Employers will be obligated to cooperate in the early and safe return to work of a worker by:
Contacting the worker as soon as practicably possible after the injury occurs. Employers must maintain communication throughout their recovery period.
Attempting to provide suitable work that is available, where possible, that may restore the worker’s pre-injury earnings.
Providing information that the Board may request related to the worker’s return to work.
Complying with future requirements that may be prescribed by regulations.
Conversely, employees will also need to cooperate in their early and safe return to work by:
Contacting their employer as soon as practicably possible after the injury occurs. They must maintain ongoing communication throughout their recovery period.
Assisting the employer, as may be required, to identify suitable work that is available.
Providing the Board with information that they may request related to their safe return to work.
Complying with future requirements that may be prescribed by regulations.
An employer’s failure to comply with these new requirements may result in hefty fines. Employees may also be affected in several ways, including a reduction, suspension, or termination of benefits for the period of non-compliance.
This amendment will come into force on July 15, 2025.
How does Bill 464 affect employer responsibilities in Nova Scotia?
While these changes will not come into effect until 2025, employers must familiarize themselves with the amendments and make the necessary adjustments to their policies. Failure to comply with these and future regulations may result in severe penalties for employers, including thousands of dollars in fines and employee claims.
Need help staying compliant with Stronger Workplaces for Nova Scotia Act?
Our HR experts can support your business by ensuring all existing policies, procedures, and documentation are aligned with the current legislative changes. See why 6500+ employers across Canada depend on Peninsula for sound
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HR advice
,
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health and safety risk assessments
, and
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resolving employee issues
. Call
1 (833) 247-3652
today to find out more.
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