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 7 in our Series provides an overview of the essential employment policies for Nova Scotia employers. Navigating the landscape of employment policies in Nova Scotia 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

In Nova Scotia, every employer is legally obligated to establish and maintain an occupational health and safety policy aimed at safeguarding the well-being of all employees. Notably, workplaces with 20 or more employees are required to have a written OHS policy. This policy should reflect the company's unwavering commitment to maintaining a safe and healthy working environment. Essential components include a clear outline of responsibilities at all organizational levels, procedures for hazard identification and risk assessment, comprehensive employee training programs, well-defined emergency response protocols, and a robust system for reporting and investigating workplace incidents. Regular reviews and updates to the policy ensure it remains relevant and effective.

Violence in the Workplace Policy

As part of the broader OHS requirements in Nova Scotia, employers must implement a comprehensive policy to address and mitigate workplace violence, ensuring a secure environment for all employees. This policy should explicitly define what constitutes workplace violence, including physical assault, threats, and various forms of harassment. It must detail preventive measures, such as training and awareness programs, as well as establish clear reporting mechanisms for employees to safely disclose incidents. Additionally, the policy should outline specific steps for responding to and investigating complaints, ensuring that all cases are handled promptly and fairly. Providing ongoing training to employees on recognizing and dealing with workplace violence is also a critical component.

Harassment Policy

To ensure a respectful and inclusive workplace, employers must have a robust harassment policy in place. This policy should clearly define various forms of harassment, including sexual harassment, and delineate the rights and responsibilities of both employees and employers. Key elements include detailed procedures for reporting harassment, a thorough investigation process, and a transparent system for imposing disciplinary actions on those found guilty of harassment. The policy must also emphasize confidentiality and protection from retaliation for complainants and witnesses, fostering a safe environment for individuals to come forward.

Accessibility Policy

Under the Nova Scotia Accessibility Act, businesses are required to develop policies aimed at removing barriers for individuals with disabilities. An effective accessibility policy should include a strong commitment to equitable access, detailed plans for reasonable accommodations, and strategies for identifying and addressing accessibility barriers within the workplace. The policy should outline the process for employees to request accommodations and provide a clear framework for employers to respond to these requests promptly and effectively. Regular training and awareness programs can help ensure that all employees understand and support the company's accessibility initiatives. It's important to note that different types of organizations have specific compliance deadlines under the Accessibility Act, which should be clearly outlined in the policy.

Employment Standards Policies

Compliance with the Nova Scotia Labour Standards Code is a fundamental requirement for employers. This encompasses a range of employment policies, including regulations on minimum wage, hours of work, and overtime. In Nova Scotia, overtime is required to be paid after 48 hours per week. Employers must also adhere to rules governing various leaves of absence, such as maternity leave, parental leave, and compassionate care leave. Additionally, policies on termination and severance pay, vacation entitlements (2 weeks after 1 year of employment, 3 weeks after 5 years), and holiday pay must be clearly defined and communicated to employees. Each of these policies should provide detailed information on employees' rights and the procedures for requesting or reporting relevant issues, ensuring transparency and fairness in all employment practices.

Recommended Employment Policies

Pay Equity Policy

Pay equity is required by law for public sector employers in Nova Scotia under the Pay Equity Act. 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.

Privacy Policy

Employers should adopt a privacy policy to comply with Nova Scotia's Freedom of Information and Protection of Privacy Act (FOIPOP) for public bodies and the Personal Information International Disclosure Protection Act (PIIDPA) for all organizations. An effective privacy policy should describe how personal information is collected, used, and disclosed, ensuring that employees' privacy rights are protected at all times. The policy should include the purposes of data collection, consent requirements, data security measures, and procedures for accessing and correcting personal information. Regular training and updates can help ensure that all employees understand and adhere to the company's privacy practices.

Return-to-Work Policy

A return-to-work policy is beneficial for facilitating the reintegration of employees who have been absent due to injury or illness. This policy should outline the steps for assessing an employee’s ability to return to work, detailing the accommodations that may be provided to support their transition. It should also define the roles and responsibilities of various stakeholders, including the employee, employer, and healthcare providers, emphasizing a collaborative approach to ensure a smooth and supportive return to work. Regular reviews and updates to the policy can help address any emerging needs or challenges.

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

In conclusion, ensuring that your business is equipped with both required and recommended employment policies is essential for legal compliance and the creation of a positive work environment in Nova Scotia. By incorporating these policies, HR professionals can protect the rights of employees, promote safety and well-being, and ultimately contribute to the success and sustainability of their organizations. Implementing and regularly updating these policies not only ensures compliance with legislative requirements but also fosters a culture of trust, respect, and productivity within the workplace.

Resources for Further Information

Nova Scotia Labour Standards Division

Occupational Health and Safety Division

Nova Scotia Human Rights Commission

Accessibility Directorate of Nova Scotia