New Workplace Harassment Regulations Come Into Force in NS in September
As of September 1, 2025, all provincially regulated employers in Nova Scotia are legally required to have a written Workplace Harassment Prevention Policy. This policy marks a significant change to Nova Scotia’s Occupational Health and Safety Act, aiming to establish safer and more respectful workplaces across the province.
### What Is Workplace Harassment?
Workplace harassment is now defined broadly under Nova Scotia’s new regulations. The definition covers:
– A single significant occurrence or repeated occurrences of objectionable, unwelcome conduct, comments, or actions in the workplace.
– Bullying, whether intended or not, that degrades, intimidates, or threatens an employee.
– Harassment or bullying based on personal characteristics protected under the Human Rights Act (such as race, sexual orientation, gender identity, etc.).
– Inappropriate sexual conduct, which includes unwanted advances, sexually suggestive remarks or gestures, sharing inappropriate images, or unwanted physical contact.
Acts involved in management or direction of employees—like performance reviews or disciplinary actions—are not considered harassment under these regulations.
### Employer Obligations
All provincially regulated employers must:
– Create and maintain a written Workplace Harassment Prevention Policy.
– Train all employees on recognizing, preventing, and responding to workplace harassment.
– Review and update the policy at least every three years to ensure it remains effective and relevant.
– Establish procedures for reporting and investigating complaints of workplace harassment.
– Take steps to prevent harassment from occurring, not just respond to incidents.
– Respond promptly and appropriately when complaints are made.
### Required Content of Policies
Every policy must include specific elements:
– Employer commitment: Ensure, as reasonably practicable, that no employee will be subjected to workplace harassment.
– Employee rights and responsibilities: Clearly state that employees are entitled to employment free of harassment and must not engage in harassment themselves.
– Procedures for:
– Recognizing, preventing, and responding to harassment.
– Reporting incidents and making complaints.
– Investigating complaints.
– Informing parties involved of investigation outcomes.
– Confidentiality: Employers must maintain confidentiality regarding complaints, unless disclosure is legally or operationally necessary.
– Non-retaliation: Employees must not be reprimanded or face reprisal for making good-faith complaints of workplace harassment.
– Corrective action: Employers must take appropriate disciplinary or corrective measures when harassment occurs.
### Purpose and Context
These regulatory changes are designed to provide clearer protections for workers and reinforce that harassment has no place in Nova Scotia workplaces. The legislation was developed in response to feedback from more than 600 Nova Scotians, reflecting both worker experiences and a call for stronger action against harassment.
### Who Is Affected?
All provincially regulated workplaces in Nova Scotia are covered, including both small businesses and large corporations.
### Summary of Key Steps for Employers
– Draft and adopt a detailed written harassment prevention policy.
– Develop and deliver mandatory employee training.
– Review and update the policy every three years.
– Set up accessible reporting and investigation procedures.
– Uphold confidentiality and prohibit retaliation.
– Take timely corrective actions when needed.
These comprehensive requirements set a new standard for workplace safety and respect in Nova Scotia, mandating active efforts to prevent and address harassment in all roles and sectors.
Understanding the New Regulations and Their Impact
The introduction of mandatory Workplace Harassment Prevention Policies in Nova Scotia marks a significant step toward fostering safer and more respectful work environments. These regulations, effective as of September 1, 2025, are designed to protect employees from various forms of harassment, ensuring that all workplaces adhere to a higher standard of conduct and respect.
### The Broad Definition of Workplace Harassment
Under the new regulations, workplace harassment is defined to include a wide range of behaviors. This encompasses not only overt actions but also subtler forms that can create a hostile work environment. Specifically, the definition now covers:
– **Single or repeated objectionable conduct:** This includes unwelcome comments, actions, or gestures that are objectionable and occur either once or repeatedly.
– **Bullying behaviors:** Any behavior, whether intentional or unintentional, that humiliates, intimidates, or threatens an employee is now classified as harassment.
– **Harassment based on protected characteristics:** Harassment directed at an individual based on attributes such as race, sexual orientation, gender identity, or other characteristics protected under the Human Rights Act is explicitly prohibited.
– **Inappropriate sexual conduct:** This includes unwanted advances, sexually suggestive remarks, gestures, sharing explicit images, or any unwelcome physical contact.
It’s important to note that actions taken in the normal course of managing employees, such as performance reviews or disciplinary measures, are not considered harassment under these regulations.
### Employer Responsibilities Under the New Law
Employers in Nova Scotia are now required to take proactive steps to prevent and address workplace harassment. Key obligations include:
– **Developing a comprehensive written policy:** This policy must be tailored to the specific workplace and include detailed procedures for recognizing, preventing, and responding to harassment.
– **Providing mandatory training:** All employees must receive training to understand their roles and responsibilities in maintaining a harassment-free workplace.
– **Regular policy reviews:** Employers must review and update their harassment prevention policies at least every three years to ensure they remain effective and relevant.
– **Establishing clear reporting and investigation procedures:** Employers must create accessible and fair processes for employees to report incidents and for those incidents to be investigated promptly and thoroughly.
– **Proactive prevention:** Employers are expected to take measures to prevent harassment before it occurs, not just respond to incidents after they happen.
– **Prompt and appropriate responses:** When complaints are made, employers must address them quickly and ensure that appropriate actions are taken to resolve the issue.
### Key Elements of the Policy
The written Workplace Harassment Prevention Policy must include several essential components to ensure it is effective and compliant with the new regulations. These elements are:
– **Employer commitment:** A clear statement that the employer is committed to providing a workplace free from harassment and will take all reasonable steps to ensure this commitment is met.
– **Employee rights and responsibilities:** The policy must outline employees’ entitlement to a harassment-free workplace and their responsibility to refrain from engaging in harassing behavior.
– **Procedures for addressing harassment:** Detailed procedures must be established for:
– Recognizing and preventing harassment
– Reporting incidents
– Investigating complaints
– Informing all parties involved of the outcomes of investigations
– **Confidentiality:** Employers must ensure that all complaints and investigations are handled confidentially, except where disclosure is necessary for legal or operational reasons.
– **Non-retaliation:** Employees must be protected from reprisal for making good-faith complaints of harassment.
– **Corrective action:** Employers must take appropriate disciplinary or corrective measures when harassment is found to have occurred.
### The Purpose Behind the New Regulations
These regulatory changes aim to provide workers with clearer protections and to reinforce the notion that harassment of any kind has no place in Nova Scotia workplaces. The legislation was developed in response to feedback from over 600 Nova Scotians, reflecting both the experiences of workers and a broader call for stronger measures to address harassment.
### Who Is Covered by the Regulations?
The new regulations apply to all provincially regulated workplaces in Nova Scotia, regardless of size. This includes small businesses, large corporations, and every type of workplace in between. The goal is to ensure that every employee in the province has access to a safe and respectful work environment.
### Key Steps for Employers to Comply
To comply with the new regulations, employers must take the following steps:
1. **Draft and adopt a detailed written harassment prevention policy** that meets all the requirements outlined in the regulations.
2. **Develop and deliver mandatory training** for all employees to educate them on recognizing, preventing, and responding to workplace harassment.
3. **Review and update the policy** at least every three years to ensure it remains effective and relevant.
4. **Set up accessible and fair procedures** for reporting and investigating complaints of workplace harassment.
5. **Uphold confidentiality** throughout the complaint and investigation process, except where necessary.
6. **Prohibit retaliation** against employees who make good-faith complaints of harassment.
7. **Take timely corrective actions** when incidents of harassment are identified.
By following these steps, employers can help create a workplace culture that values respect, safety, and inclusivity, ensuring compliance with the new regulations and fostering a positive environment for all employees.
These comprehensive requirements set a new standard for workplace safety and respect in Nova Scotia, mandating active efforts to prevent and address harassment in all roles and sectors.
Conclusion
The introduction of mandatory Workplace Harassment Prevention Policies in Nova Scotia represents a significant advancement in fostering safe and respectful work environments. These regulations, effective September 1, 2025, provide a comprehensive framework for employers to prevent and address harassment in all its forms. By defining harassment broadly and outlining clear responsibilities for employers, the new law ensures that all workplaces, regardless of size, are held to a higher standard of conduct. Employers who take proactive steps to develop robust policies, provide training, and establish fair reporting and investigation procedures will not only comply with the law but also cultivate a culture of respect and inclusivity. These measures will undoubtedly lead to a more positive and productive workplace for all employees in Nova Scotia.
Frequently Asked Questions
What constitutes workplace harassment under the new Nova Scotia regulations?
Workplace harassment is defined broadly and includes unwelcome comments, actions, or gestures, bullying behaviors, harassment based on protected characteristics, and inappropriate sexual conduct. It does not include normal management activities like performance reviews or disciplinary measures.
What are employers required to do under the new regulations?
Employers must develop a comprehensive harassment prevention policy, provide mandatory training for all employees, establish clear reporting and investigation procedures, and take proactive steps to prevent harassment. They must also review and update their policies at least every three years.
What happens if an employer fails to comply with the new regulations?
Employers who fail to comply may face legal consequences, including fines and other penalties, as the new regulations are enforceable under Nova Scotia law.
How can employees report workplace harassment?
Employees should follow the reporting procedures outlined in their employer’s Workplace Harassment Prevention Policy. These procedures should be accessible, fair, and confidential.
What protections are in place for employees who report harassment?
Employees are protected from retaliation for making good-faith complaints of harassment. Employers are legally required to ensure that no reprisal occurs against individuals who report incidents.
How will these regulations impact workplace culture?
The new regulations are designed to promote a culture of respect, safety, and inclusivity. By addressing harassment proactively and ensuring all employees are trained, workplaces in Nova Scotia will become safer and more positive environments for everyone.
