The Government of Nova Scotia recently published the much anticipated regulations on workplace harassment prevention policies, just in time for back to school and work for many Nova Scotians

Exceptional Circumstances

Nearly a year ago, the Nova Scotia Government proposed amendments to the Occupational Health and Safety Act to recognize harassment as a health and safety issue and address workplace harassment, including the requirement to establish and implement a workplace harassment prevention policy (see our article, Nova Scotia Introduces Legislation Providing New Leaves and Workplace Harassment Obligations, for more information).

The definition of “workplace harassment” in the amended Workplace Health and Safety Regulation mimics the definition used in the workers’ compensation scheme and includes unwelcome conduct, comment or action in the workplace, bullying based on personal characteristics and inappropriate sexual conduct, but excludes actions of the employer relating to the management and direction of employees in the workplace.

As of September 1, 2025, all employers in Nova Scotia are required to establish and implement a written workplace harassment prevention policy, unlike obligations related to workplace violence which only require some employers to have a policy preventing violence in the workplace.

Key components of workplace harassment prevention policies, include but are not limited to:

• A commitment by the employer to ensure, as reasonably practicable, that no employee will be subjected to workplace harassment.
• A statement that employees are entitled to employment free of workplace harassment and that all employees have an obligation not to engage in workplace harassment.
• Procedures on:
  
  • how to recognize, prevent and respond to workplace harassment,
  • reporting incidents of harassment,
  • making a complaint,
  • investigating a complaint,
  • informing the complainant and subject of the complaint of the result of the investigation.
• A statement that the employer will not disclose any information related to a complaint of workplace harassment unless necessary.
• A statement that the employer will not reprimand or seek reprisal against an employee that makes a workplace harassment complaint in good faith.
• A commitment by the employer to take appropriate corrective action against those who engage in workplace harassment under the employer’s direction.
• A statement that the policy is not intended to discourage, prevent or preclude a complainant from exercising other legal rights.

Employers must provide training on their workplace harassment prevention policy and must review the policy at least once every three years and update as necessary.

The Government of Nova Scotia has published a Guide for Employers on harassment in the workplace which includes a sample workplace harassment prevention policy and investigation checklist.

Employers should review their current workplace harassment policies to ensure compliance with the new requirements next week.  

If you have any questions about this topic or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.