Preventing Workplace Harassment

Starting September 1, 2025, the Stronger Workplace Act, and particularly, provisions under the Occupational Health and Safety Act, expands the definition of ‘health and safety’ to include both physical and psychological safety. The legislation also requires that all provincially regulated employers in Nova Scotia meet specific obligations to prevent and address workplace harassment. This is a shift for employers, shifting what was once managed as an issue of culture to one of compliance where workers are entitled, by law, to a workplace free of harassment.

Recognizing what qualifies as workplace harassment is essential to building a psychologically healthy and safe environment for everyone.

Definition of Workplace Harassment

27.1 In this Part, “workplace harassment” means a single significant occurrence
or a course of repeated occurrences of objectionable or unwelcome conduct, comment or action in the workplace,
including bullying, that, whether intended or not, degrades, intimidates or threatens, and includes all of the
following, but does not include any action taken by an employer or supervisor relating to the management and
direction of an employee or the workplace:

  • Workplace harassment or bullying that is based on any personal characteristic, including, but not limited
    to a characteristic referred to in clauses 5(1)(h) to (v) of the Human Rights Act.
  • Inappropriate sexual conduct, including, but not limited to, sexual solicitation or advances, sexually
    suggestive remarks or gestures, circulating or sharing inappropriate images, or unwanted physical contact.
Every worker in Nova Scotia is entitled to a workplace free of harassment.

Employer Obligations

  • Define harassment per legislation
  • State that no one will be subjected to harassment, insofar as reasonably practicable
  • Commit to investigating all complaints
  • Pledge no reprisals for good-faith reporting
  • Include a confidentiality statement (see exceptions)
  • Take corrective action when needed
  • Reaffirm employees’ right to exercise legal rights freely
  • Outline procedures for recognizing, reporting, investigating complaints
  • Provide training on the policy
  • Review the policy at least every three years
Confidentiality Exceptions
  • Required by law
  • Necessary to take corrective action regarding the complaint

Employee Responsibilities

  • Do not engage in workplace harassment
  • Report harassment when it occurs
  • Support a workplace free from harassment

A Prevention of Workplace Harassment policy also must include:

Clear Procedures

Recognizing, preventing, responding to, reporting, and investigating harassment complaints.

Communication

Inform complainant and respondent of the investigation outcome and corrective actions.

Employee Training

Ensure all employees are trained on the Workplace Harassment Prevention policy.

Regular Review

Commit to reviewing the policy at least once every three years.

By taking proactive steps, organizations can support their teams and contribute to a workplace free from harassment that promotes psychological and physical well-being.

Supporting both employers and workers, the Department of Labour, Skills and Immigration has produced an Employer Guide which provides tools including policy definition, draft policy template, education on awareness of harassing behaviours as well as reporting and investigation guidelines.