Navigating employment regulations in Canada can be complex, with each province and territory having unique requirements. Our thorough eleven-part series deconstructs the critical policies you must understand, providing unique insights into each Canadian Province and Territory. Let us equip you with the knowledge to create a compliant and thriving workplace, no matter where in Canada you operate.

Part 1 - Ontario Part 2 - Quebec Part 3 - British Columbia Part 4 - Alberta Part 5 - Manitoba Part 6 - Saskatchewan Part 7 - Nova Scotia Part 8 - New Brunswick Part 9 - Newfoundland and Labrador Part 10 - Prince Edward Island Part 11 - Territories, Northwest Territories, Nunavut, & Yukon

This Part 8 in our Series provides an overview of the essential employment policies for New Brunswick employers. Navigating the landscape of employment policies in New Brunswick can be complex. Understanding which policies are legally required and which are recommended for best practices is crucial for compliance and fostering a positive workplace environment.

Required Employment Policies

Occupational Health and Safety Policy

Required by the Occupational Health and Safety Act for workplaces with 20 or more employees, this policy must thoroughly address workplace hazards, identifying potential risks and outlining measures for prevention and mitigation. Reporting mechanisms should include procedures for employees to report hazards, accidents, and near misses, ensuring a prompt and effective response.

The policy should establish a joint health and safety committee for larger workplaces or designate a health and safety representative for smaller workplaces with 5-19 employees. Regular training programs should be included, covering topics such as hazard recognition, safe work practices, and emergency response procedures. The policy should also outline emergency response plans, detailing actions to be taken in various emergency scenarios, including evacuation procedures and first aid measures.

Workplace Harassment and Violence Policy

This policy must clearly define harassment and violence, providing concrete examples to illustrate unacceptable behaviors. It should describe comprehensive reporting and investigation procedures, ensuring confidentiality and protection against retaliation for those who report incidents. The policy should outline the steps for conducting investigations, including timelines, documentation, and potential outcomes.

Consequences for policy violations must be clearly stated, detailing disciplinary actions ranging from warnings to termination, depending on the severity of the offense. Support resources for affected employees should be highlighted, including access to counseling services, employee assistance programs, and legal support if needed. The policy aims to create a safer, more respectful work environment, fostering a culture of zero tolerance towards harassment and violence.

Human Rights Policy

Compliant with the New Brunswick Human Rights Act, this policy must prohibit discrimination based on protected characteristics such as race, gender, age, sexual orientation, disability, and religion. It should outline the process for addressing complaints of discrimination or harassment, including how to file a complaint, the investigation process, and potential resolutions.

The policy should promote equal opportunity by implementing proactive measures, such as diversity training programs, inclusive hiring practices, and career development opportunities for underrepresented groups. Training programs should be designed to educate employees and management on recognizing and preventing discrimination, promoting a respectful and inclusive workplace culture. The policy aims to create a fair and equitable work environment, reducing the risk of discrimination claims and fostering diversity.

Privacy and Confidentiality Policy

Following PIPEDA for private-sector organizations or PHIPAA for health-related information in New Brunswick, this policy should comprehensively cover the collection, use, and storage of employees' personal information. It must ensure confidentiality by implementing robust data protection measures, such as encryption, access controls, and secure storage solutions.

The policy should outline employees' rights regarding their data, including the right to access, correct, and request the deletion of their information. Procedures for accessing or correcting information should be clearly described, providing employees with step-by-step guidance on how to exercise their rights. Additionally, the policy should address data retention periods, ensuring that personal information is only kept for as long as necessary for business or legal purposes.

By detailing these aspects, the policy builds trust with employees, demonstrating a commitment to protecting their personal information and ensuring compliance with privacy laws.

Employment Standards Policy

Adhering to the Employment Standards Act, this policy should comprehensively cover various critical aspects to ensure compliance and fair treatment of employees. It should include details on minimum wage, specifying the current rates and any applicable increases. Working hours should outline standard workweeks, break periods, and regulations around scheduling. Overtime pay should detail eligibility, calculation methods, and compensation rates. The policy must also specify paid public holidays, listing recognized holidays and pay entitlements.

Additionally, guidelines for vacation time should cover accrual rates, usage policies, and payout conditions upon termination. The policy should extensively outline various types of leave, including maternity, parental, sick, family responsibility, and critical illness leave, detailing eligibility, duration, and application processes. Lastly, termination procedures must be addressed, explaining notice requirements, severance pay, and the handling of final payments.

Recommended Employment Policies

Pay Equity Policy

Pay equity is required by law for public sector employers in New Brunswick under the Pay Equity Act, 2009. For private sector employers, while not mandatory, implementing a pay equity policy is highly recommended, particularly for large organizations. This policy should ensure that employees receive equal pay for work of equal value, irrespective of gender or other discriminatory factors. Key elements include methods for evaluating job roles, identifying pay disparities, and developing strategies to rectify any inequities. Regular reviews and updates to the policy can help maintain fairness and equity in compensation practices.

Workplace Wellness Policy

Promoting overall employee well-being is increasingly recognized as a key factor in maintaining a healthy and productive workforce. A workplace wellness policy can encompass a wide range of initiatives, such as fitness programs, mental health support services, healthy eating options, and work-life balance strategies. The policy should outline the available resources, participation guidelines, and the company’s commitment to fostering a culture of wellness. Regular feedback and adjustments can help ensure that the wellness programs meet the evolving needs of employees.

Remote Work Policy

As remote work becomes more prevalent, having a clear and comprehensive remote work policy is advisable. This policy should define eligibility criteria for remote work, set expectations for communication and productivity, and outline data security requirements. It should also provide guidelines for setting up a home office and address how remote work arrangements will be evaluated and adjusted based on performance or changing business needs. Regular reviews and updates can help the policy remain relevant and effective in supporting remote work practices.

Training and Development Policy

While not legally required, a training and development policy is highly recommended. It promotes continuous learning and skill enhancement, benefiting both employees and the organization. Essential elements include training opportunities, performance evaluations, and career development plans.

Performance Management Policy

Outlines how employee performance will be assessed and managed, ensuring fairness and clarity in evaluations and promotions. The policy should describe the performance appraisal process, criteria for evaluating performance, and the steps for addressing performance issues.

Code of Conduct

A Code of Conduct sets out the standards of behaviour expected from employees, emphasizing professionalism, ethical behaviour, and compliance with company policies and laws. It reinforces the company’s values and culture. Essential elements include clear behavioural expectations, examples of unacceptable conduct, and the consequences of breaches.

Diversity, Equity, and Inclusion Policy

Fostering a diverse and inclusive workplace is essential for innovation and equality. A Diversity and Inclusion Policy outlines measures to support diversity goals and create an inclusive work environment. This policy not only promotes fairness but also enhances the company’s reputation and appeal to a broader talent pool.

Grievance Policy

A Grievance Policy provides a clear process for employees to raise and resolve workplace issues or disputes. This policy ensures that employee concerns are addressed fairly and promptly, contributing to a positive and transparent organizational culture.

Dress Code Policy

A dress code policy can help maintain a professional appearance and align with company branding. While not required, it is useful for setting standards. Key components include acceptable attire, grooming standards, and any exceptions for specific roles or occasions.

Substance Use Policy

A substance use policy is important for ensuring a safe and productive workplace. It should address the use of drugs and alcohol, including procedures for testing and handling violations. Essential elements include definitions of prohibited substances, testing protocols, and support for employees with substance use issues.

Conclusion

Implementing these required and recommended policies ensures legal compliance and fosters a supportive and efficient workplace. HR professionals who stay informed and proactive can create a positive and productive work environment in New Brunswick.

Resources for Further Information

New Brunswick Employment Standards

WorkSafeNB - Occupational Health and Safety

New Brunswick Human Rights Commission

Office of the Privacy Commissioner of Canada (PIPEDA)

New Brunswick Personal Health Information Privacy and Access Act (PHIPAA)