The Government of Nova Scotia has introduced an amendment to its Workplace Health and Safety Regulations, aimed at strengthening protections against harassment in the workplace. This change, made under the authority of the Occupational Health and Safety Act, establishes a new framework to ensure safer and more respectful working environments across the province.

The amendment provides a clear and comprehensive definition of workplace harassment. It covers both single serious incidents and patterns of repeated objectionable conduct, comments, or actions that degrade, intimidate, or threaten an employee, whether intentional or not. Importantly, the definition explicitly includes bullying and harassment based on personal characteristics protected under the Human Rights Act, such as race, gender, religion, disability, and other factors. It also encompasses inappropriate sexual behavior, such as unwelcome advances, sexually suggestive remarks or gestures, the circulation of inappropriate images, and unwanted physical contact. At the same time, the amendment makes it clear that normal managerial actions related to the direction and management of staff are not considered harassment, preventing potential misuse of the rules.

A central element of the amendment is the requirement that employers develop and implement a written workplace harassment prevention policy. This policy must affirm every employee’s right to a harassment-free workplace and outline the employer’s commitment to minimizing risks as much as reasonably possible. Employees also carry a responsibility under the regulation to refrain from engaging in harassment themselves, reinforcing shared accountability in fostering a respectful workplace culture.

The policy must include several key commitments and procedures. Employers are required to encourage the reporting of harassment and provide clear guidance on how to recognize, prevent, and respond to it. Reporting mechanisms must be accessible and fair, including alternatives for situations where the employer or supervisor is the subject of the complaint. Procedures must also specify how complaints will be investigated and how the results, along with any corrective measures, will be communicated to both the complainant and the person accused. Confidentiality is strongly emphasized, with disclosure of information from complaints limited to cases required by law, necessary for investigation, or necessary for corrective actions.

Another major protection introduced is the prohibition on reprisals. Employees who make harassment complaints in good faith cannot be disciplined, punished, or disadvantaged for coming forward. This provision is critical in creating an environment where individuals feel safe to report misconduct without fear of retaliation. Employers are required not only to investigate all complaints but also to take appropriate corrective action against any individual under their direction who is found to have engaged in harassment. The amendment also acknowledges that this policy does not override or diminish an employee’s ability to pursue other legal rights available under provincial or federal laws.

Nova Scotia (163/2025) August 27, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion.