Legislation aims to 'turn this ship around' when it comes to time off work from an injury says WCB CEO
Nova Scotia’s new Duty to Cooperate legislation, which came into effect July 15, requires injured workers and employers to actively collaborate on safe and timely return-to-work plans—a move officials say is designed to address the province’s historically poor outcomes for workplace injury recovery.
The law, part of the Stronger Workplaces for Nova Scotia Act, formalizes expectations for both employers and workers following a job-related injury. Employers must reach out to injured workers promptly, establish a return-to-work plan, and offer safe, suitable duties that accommodate the worker’s abilities. Workers, in turn, are required to participate in their recovery, remain in contact with their employer, and accept appropriate work opportunities when safe to do so. The Workers’ Compensation Board of Nova Scotia (WCB) plays an active role, supporting both parties, facilitating healthcare, and ensuring compliance.
“This is about people, workers with real injuries, and employers who want to do the right thing. It’s also about building a culture of cooperation—government, WCB, employers, workers, we all have a role to play, and we’re going to be held to a higher standard,” said Nolan Young, Minister of Labour, Skills, and Immigration.
WCB Nova Scotia CEO Karen Adams emphasized the new law is “not just a tagline. It’s a responsibility to act, to step up, to support one another. It’s a responsibility we all have as Nova Scotians to care for one another, particularly when one of us is injured at work.” Adams noted the province is seeing the lowest workplace injury rates ever, but that claim durations remain among the longest in Canada.
Culture shift and clear accountability
The legislation is a response to longstanding challenges. Nova Scotia has led the country in time lost from work after injury and has one of the highest rates of permanent disability. “We are the one province where people lose the most time off work after an injury, and that all translates into a heavier reliance on the limited health care resources that we all know are an issue across our province and at great expense to us all,” Adams said.
The law sets out defined roles for employers, workers, and WCB, with a focus on early and safe return to work and a “framework of accountability.” Employers are expected to act immediately, while workers must report injuries, communicate abilities and limitations, and cooperate in their own recovery. WCB’s role is to facilitate, guide, and intervene when necessary.
Penalties as a last resort
While most employers and workers already comply, the law introduces penalties for those who do not. “When someone chooses not to cooperate, there are consequences. There will be consequences, and that could mean penalties for employers or loss of compensation for workers, and that’s not something we take lightly. It’s a last resort to be sure, used only when necessary to keep the system fair for everyone,” Adams said.
Adams clarified that for employers, penalties are “effectively dollar for dollar. How much do we need to compensate this worker who is not at work because the employer isn’t accommodating them? What does that cost WCB? I’m going to charge it back to the employer in addition to the premiums, the rates that they pay us today.” For workers, the consequence is a loss of benefits if they refuse to cooperate.
There is no prescribed number of warnings before penalties are imposed. Instead, WCB relies on ongoing communication and case management, with penalties only after all other efforts have failed.
A turning point for Nova Scotia
Adams attributes past poor return-to-work rates to a lack of accountability. “What’s different today is the action, the accountability, the actual steps to take, not just diagnosing the problem, we knew what the problem was, but taking action to treat the problem,” she said. The new law, along with WCB’s strategic plan, aims to “turn this ship around and make sure that we are leading in areas where we are proud to lead across Canada.”
With the Duty to Cooperate now in force, Nova Scotia is betting on collaboration, accountability, and early intervention to improve outcomes for injured workers and employers alike.
