Nova Scotia employers and injured workers will face new legal obligations starting July 15, when the province’s Duty to Cooperat legislation comes into effect as part of a broader push to improve return-to-work outcomes.
Introduced under the Stronger Workplaces for Nova Scotia Act, the Duty to Cooperate amendment gives the Workers’ Compensation Board (WCB) more authority to hold both employers and workers accountable in the return-to-work process. The goal is to ensure timely, safe reintegration into the workplace after injury, according to WCB Nova Scotia.
The new legislation reinforces long-standing responsibilities but now includes enforceable expectations around communication, planning and follow-through during recovery periods. Workers who do not comply may see their benefits reduced or terminated. Employers who don’t cooperate could be held financially responsible for the full cost of compensation.
Clearer expectations for both parties
Under the new rules, workers must stay in regular contact with their employer and the WCB, assist in identifying suitable work, and provide any requested information related to their recovery. Employers, for their part, must reach out to injured employees early, establish a return-to-work plan, and try to offer meaningful duties—even before medical stability is reached.
“The legislation introduces a legal duty on the employer to cooperate in return-to-work efforts during the recovery period of a work-related injury before the worker has reached medical stability,” said the WCB in a post.
The duty to cooperate differs from the existing duty to re-employ in that it focuses on the period before a worker reaches full recovery. It applies to all workplaces in Nova Scotia, including federal and part-time operations, and covers open claims as of the July 15 implementation date.
Consultation and policy framework
WCB Nova Scotia finalized the supporting Return to Work and Duty to Cooperate policy following a consultation period earlier this year that included webinars, written submissions, and outreach meetings with employers and safety partners.
The policy aims to make the return-to-work process more collaborative. WCB has also reorganized its case management model to improve service delivery and responsiveness, the organization said.
Penalties and compliance
If employers fail to offer suitable work when available, or do not comply with communication and planning requirements, WCB will first attempt to regain cooperation. Only after that will financial penalties be applied, including potentially covering the full cost of the worker’s claim.
Similarly, workers who refuse to participate in their return-to-work plan without valid justification may face consequences. Employers are encouraged to work closely with WCB case workers if they encounter resistance.
Focus on early reintegration
WCB said employers can begin the return-to-work process immediately after an injury—even before assessments by a health provider—by engaging in conversations with workers and exploring modified duties. Occupational therapists, employer incentive programs, and other supports may be used to develop suitable roles.
All accommodations must consider undue hardship, and employers may be asked to document such claims.
The WCB emphasized that the overarching aim is not to assign blame, but to improve outcomes through cooperation: “It’s not about pointing fingers – it’s about making sure no one is navigating recovery or return to work alone.”
